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05/17/2022 (2)
�LpaIOA BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, MAY 17, 2022 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Peter O'Bryan, Chairman, District 4 Jason E. Brown, County Administrator Joseph H. Earman, Vice Chairman, District 3 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R Smith, Clerk of the Circuit Court and Comptroller Joseph Flescher, District 2 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.11. INVOCATION Pastor Richard Demsick, Freedom Church 3. PLEDGE OF ALLEGIANCE Commissioner Laura Moss 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring Stephanie Laughton Pooley on her Retirement from the Indian River County Office of the Tax Collector Attachments: Proclamation - Stephanie Laughton Pooley 5.11. Presentation of Proclamation in Recognition of Memorial Day, 2022 Attachments: Proclamation 5.C. Presentation of Proclamation Celebrating Florida's Emancipation Day Observance in Indian River County on May 21, 2022 Attachments: Proclamation May 17, 2022 Page 1 of 7 S.D. Presentation of Proclamation Recognizing the Week of May 15-21, 2022, as National Police Week Attachments: Proclamation S.E. Presentation of Proclamation Designating The Week of May 23-30, 2022, as National Beach Safety Week Attachments: Proclamation 6. APPROVAL OF MINUTES 7. , INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proclamation Honoring Nancy Wood on Her Retirement From Indian River County Board of County Commissioners Department of Community Development / County Planning Division with Twenty -One Years of Service Attachments: Proclamation 7.11. Proclamation Honoring Earl Hardwick on His Retirement From Indian River County Board of County Commissioners Department of Public Works / Road & Bridge Division with Twenty -Eight Years of Service Attachments: Proclamation 7.C. Proclamation Honoring Helena (Ann) Rankin on Her Retirement From Indian River County Board of County Commissioners Human Resources Department with Thirty -Four Years of Service Attachments: Proclamation 7.D. Proclamation Honoring William Stevenson on His Retirement From Indian River County Board of County Commissioners Department of Public Works / Road & Bridge Division with Thirty -Three Years of Service Attachments: Proclamation 7.E. Proclamation Honoring Dawn Wallis on Her Retirement From Indian River County Board of County Commissioners Department of Community Development / Building Division with Seventeen Years of Service Attachments: Proclamation 8. CONSENT AGENDA 8.A. Designation of Excess Equipment as Surplus and Authorization for Disposal Attachments: Staff Report Excess list for 051 _722 May 17, 2022 Page 2 of 7 8.B. First Extension and Second Amendment to Agreement for Annual Lift Station Rehabilitation (Bid 2019047) Attachments: Staff Report First Extension and Second Amendment 8.C. DiVosta Homes, LP's Request for Final Plat Approval for Preserve at Waterway Village POD "V" [PD -19-03-02 / 2004010124-90233] Attachments: Staff Report Location Map Final Plat Layout 8.D. Request for Release of Conservation Easements in VeroLago Subdivision Attachments: Staff Report Map of Easements Proposed for Release/Recordation Draft Resolution Releasing Easement Draft County Resolution Attachments 8.E. Vero Beach Ranches, LLC's Request for Final Plat Approval for Covington Run Roadway Plat [SD -19-08-04/ 2018080006-873821 and Covington Run Affidavit of Exemption [AOE-19-05-03 / 2018080006-83963] Attachments: Staff Report Location Map Roadway Final Plat Graphic AOE Graphic 8.F. William H. Massagee, III and Lynn V. Massagee, Trustees of the Massagee Revocable Trust Request for Approval of the Massagee Affidavit of Exemption [AOE-21-07-02 / 2015030080-89610] Attachments: Staff Report Location Map Affidavit of Exemption Layout 8.G. Stormwater Summer Camp Attachments: Staff Report 8.H. Summer Camp Partnership with The Learning Alliance Attachments: Staff Report Moonshot Academy / IRC Summer Program MOU May 17, 2022 Page 3 of 7 8.I. Easement and Agreement for FPL Underground Distribution Facilities for Moorhen Marsh Low Energy Aquatic Plant Systems (LEAPS) Headworks Structure Attachments: Staff Report FPL Underground Dist Facilities Install Agreement FPL Underground Easement (Business) Notice of FPL Faciilities (Form 360) FPL Design for Overhead and Underground 8.J. Amendment No. 2 to Work Order No. 27 - Kimley Horn and Associates, Inc., Dick Bird Park Pickleball Complex, IRC -2204 Attachments: Staff Report Amend 2 to WO 27, KHA 8.K. Approval of Revised Agreement for Use of Facilities with Indian River County and the School Board of Indian River County Attachments: Staff Report Agreement for Use of Facilities 8.L. Award of Bid 2022045 for Hallstrom Farmstead Revegetation Attachments: Staff Report Sample Agreement 8.M. Award of Bid 2022033 for Round Island Beach Park Prefabricated Aluminum Lifeguard Tower Attachments: Staff Report Sample Agreement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1 Local Option Gas Tax Distribution Percentages (Legislative) Attachments: Staff Report Code chapter 209.04 LOGT Chart -Spreadsheet Public Hearing Advertisement April 2022 Sample Letter to Municipalities May 17, 2022 Page 4 of 7 10.A.2 Consideration of a Proposed Land Development Regulation Amendment to Section 930.07 to Require New Manufactured Homes within the Flood Hazard Area, Coastal High -Hazard Areas, or Coastal A Zones to be Elevated One Foot Above Base Flood Elevation (Legislative) Attachments: Staff Report Draft Ordinance - 930.07 Clean Version 10.A.3 Children's Services Advisory Committee Ordinance (Legislative) Attachments: Staff Report Children's Services Advisory Committee Ordinance 10.A.4 Irrigation Ordinance (Legislative) Attachments: Staff Report Model Updated Water Conservation Ordinance B. PUBLIC DISCUSSION ITEMS 10.13.1 Request to Speak from Curtis Paulisin, Vietnam Veterans of Indian River County, Inc. re: 2022 Mary Snyder Annual Golf Tournament Attachments: Golf Tournament Flyer C. PUBLIC NOTICE ITEMS 10.C.1 Notice of Scheduled Public Hearing for a Proposed Farm Based Rum Distillery (Agricultural Industry) with Associated Accessory Residential Units Attachments: Staff Report 10.C.2 Notice of Public Hearing Scheduled for June 7, 2022 Board Meeting for a Rezoning from A-1, Agricultural -1 District to IG, General Industrial District Attachments: Staff Report 10.C.3 Public Notice of Public Hearing for June 7, 2022, for Ordinance Regarding the Oslo Park Street Paving District MSBU Attachments: Staff Report 10.C.4 Notice of Scheduled Public Hearing for June 7, 2022: Fischer Right -of -Way Abandonment Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services May 17, 2022 Page 5 of 7 D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Fire Station # 13 - Removal of Fire Tower Attachments: Staff Report - Fire Tower Resolution for Fellsmere Fire Tower 13.B. Settlement of Lease Interest for Parcel 132 Tenant B&B Farms, Inc. d/b/a Countryside Citrus, 6555 81st Street Attachments: Staff Report Parcel 132 Sketch and Legal Description 13.C. Demolition Lien - 4470 31st Avenue Attachments: Staff Report 13.D. Code Enforcement Board Appointment Attachments: Staff Report Application Carlos L. Flores Blancaneaux 13.E. County Attorney's Annual Employment Agreement Attachments: Staff Report Contract (2022-2023) 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman B. Commissioner Joseph H. Earman, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board May 17, 2022 Page 6 of 7 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission 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. May 17, 2022 Page 7 of 7 5A e prodamatt,1011 Honoring STEPHANIE LAUGHTON POOLEY on her Retirement from the Indian River County Office of the Tax Collector with 36 YEARS 1 MONTH OF SERVICE Whereao, Stephanie Laughton Pooley will retire from the Indian River County Tax Collector's Office effective May 31, 2022; and I ereao, Stephanie began her employment career with Indian River County on August 13, 1984 as a Customer Service Representative in the Tax Collector's Office and is retiring as the Branch Manager of the Oceanside office; and Vbltreag, Stephanie has served Indian River County, St. Lucie County, the State of Florida and the public at all times with integrity, dedication, and a lot of humor that has earned her admiration and respect from both her current and former Tax Collectors; and W)btrea.0, Stephanie has been praised by Tax Collector Carole Jean Jordan who considers Stephanie a legend in Indian River County that has sprinkled her contagious and happy spirit throughout our community. Stephanie is also commended by former Tax Collector Charles W. Sembler who said her sense of humor and spirited personality is legendary, by former Tax Collector Karl Zimmermann who thinks of Stephanie as a consummate team player, and by Clerk of the Circuit Court Jeff Smith, who lauded Stephanie's amazing ability to recall DMV rules, procedures and policies; and Vber]M, Stephanie will be greatly missed by her co-workers and by her customers, not only because of her vast knowledge, but most importantly for her beautiful smile and bubbly personality... and we all wish you the very best in your long-awaited for retirement, and hope you enjoy spending lots of time with your beautiful family! Aft, Quefore, be it Vrodafineb by the 36oarb of Conntp QCommi!gySionerg of Rbfan 3.iber QConntp, ,11oriba, that the Board applauds Stephanie Laughton Pooley's hard work and the Board wishes to express their appreciation for the dedicated service she has given to Indian River County for the last thirty-six years and one-month of service, and extends heartfelt wishes for great success in her future endeavors. Adopted this 17th Day of May, 2022 BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman 1 Proclamation IN RECOGNITION OF MEMORIAL DAY, 2022 -Whereas, in the years following the end of the Civil War, flowers were placed on soldiers' graves as a solemn reminder of the scourge of war and its bitter aftermath of sorrow; and -Whereas, the Congress, in a joint resolution approved May 11, 1950, provided that Memorial Day should be set aside as a day of prayer for permanent peace; and -Whereas, Memorial Day is a cherished tradition, one whose observance helps us appreciate our history, our values, and our responsibilities by reminding us that freedom is not free, and that America is strongest when we set aside personal differences and strive together; and Whereas, on Memorial Day we revere those who came from every part of the country, of every background and belief, and united to answer the call to protect and preserve the ideals of democracy, and now lie in hallowed graves, having sacrificed their lives so that war might end and all people may live in freedom and prosperity; and -Whereas, Memorial Day honors those who put the welfare of their fellow Americans before their own, performed their duties loyally and selflessly without thought of recognition or personal safety, and went further and endured longer to contribute to the greater national effort; and Whereas, the Veterans Council of Indian River County - consisting of 28 veterans organizations representing over 18,000 veterans residing in the county - will host numerous Memorial Day ceremonies on Monday, May 30th, 2022. .Naw, Therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, FCarida, that the Board urges all Indian River County residents to join together and rededicate ourselves to strengthening our Nation's promise, to pray for permanent peace, and to honor our fallen fellow Americans, both known and unknown, who sacrificed their freedom to ensure our own. Adopted this 17th day of May, 2022. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Joseph H. Earman, Vice Chairman Susan Adams Joseph E. Flescher Laura Moss 2 5. c, Proclamation CELEBRATING FLORIDA'S EMANCIPATION DAY OBSERVANCE IN INDIAN RIVER COUNTY ON MAY 21, 2022 =Whereas, on January 1, 1863, President Abraham Lincoln issued the Emancipation Proclamation, stating that "all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free"; and -Whereas, more than two years later, at the end of the Civil War, on May 10, 1865, Union Brigadier General Edward McCook arrived in Tallahassee to take possession of the city from Southern forces, and on May 20th, after official control of the region was transferred to Union forces, he declared the Emancipation Proclamation in effect, and that "the people of the black race are free citizens of the United States"; and -Whereas, newly -freed slaves celebrated this announcement with a picnic at Bull's Pond, today called Lake Ella, and since that first celebration in 1865 Floridians in many areas of the state have annually celebrated May 20th as Emancipation Day in Florida; and -Whereas, the Gifford Historical Museum and Cultural Center will host the first "Emancipation Day" celebration in Indian River County on Saturday, May 21, 2022, an event filled with great food, music, entertainment, and a re-enactment of General McCook reading the Emancipation Proclamation on the steps of the Knott House in Tallahassee in 1865. Wow, Therefore, be it Proclaimed by the Board of County Commissioners ofIndian River County, ,Florida, that the Board congratulates the Gifford Historical Museum and Cultural Center on its leading role in the observance of this landmark day in United States' and Florida history, and extends its warmest wishes to the entire Gifford community for an unforgettable Emancipation Day celebration, with many more to follow. Adopted this 17th day of May, 2022. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Joseph H. Earman, Vice Chairman Susan Adams Joseph E. Flescher Laura Moss 4 ProcCamattA"on D. RECOGNIZING THE WEEK OF MAY 15-217 2022, AS NATIONAL POLICE WEEK -Whereas, in 1962, President John F. Kennedy signed a proclamation designating May 15th as National Peace Officers Memorial Day and the week when that date fell as National Police Week; and Whereas, there are more than 900,000 law enforcement officers providing vital, round-the-clock service across the United States, including the dedicated members of the Indian River County Sheriff's Office and our local municipal police departments; and Whereas, females now constitute approximately 12% of all law enforcement officers, a number that continues to grow; and `Whereas, every day, our Nation's law enforcement officers pin on a badge and go to work, not knowing what their duty will bring but hoping to come home safely; and -Whereas, every day, we ask a great deal of these women and men, from proactively ensuring public safety to serving as front-line responders to incidents involving domestic violence, substance abuse disorders, mental health challenges, and homelessness, often with limited resources; and Whereas, supporting our law enforcement officers requires that we invest in underfunded public systems to provide improved health care, counseling, housing, education, and other social services; and Whereas, law enforcement agencies protect our rights, ensure accountability for misconduct, and embrace policing that reflects community values and ensures community wellbeing, for the benefit of both those who wear the badge and those who count on their protection. Now, 91herefore, be it Proclaimed by the Board of County Commissioners of In&an River County, ,Florida, that May 15-21, 2022, is National Police Week, and all citizens are asked to join in commemorating those police officers, past and present, who by loyal devotion to their responsibilities have rendered great service to this community and safeguarded the rights of all citizens. Adopted this 17th day of May, 2022. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Joseph H. Earman, Vice Chairman Susan Adams Joseph E. Flescher Laura Moss 5 ProcCamatw"n 5E DESIGNATING THE WEEK OF MAY 23-30, 2022 AS NATIONAL BEACH SAFETY WEEK -Whereas, the beautiful coastal and inland beaches of Indian River County represent a world- renowned recreational resource; and -Whereas, residents and visitors alike are drawn to these beaches by the millions each year for water and beach activities; and ^Whereas, the aquatic environment has dangers, particularly rip currents, that can be effectively managed through public awareness and the vigilance of professional lifeguards; and -Whereas, for reasons of public safety, an annual reminder of the joys and hazards associated with the aquatic environment are appropriate at the commencement of the busy summer beach season; and -Whereas, residents and visitors alike must remember to: Learn to swim, never swim alone, swim near a lifeguard, learn rip -current safety, never drink alcohol before swimming, life jackets save lives, observe signs & flags, use sunscreen and drink water, respect the power of the surf; and -Whereas, our local Ocean Rescue Lifeguards and all swim instructors throughout the County area are applauded for their hard work, dedication, and courage in performance of their efforts and roles to enhance and promote safe enjoyment of our local beaches and ocean waters. Naw, Therefore, be it Proclaimed by the Board of County Commissioners of Infian River County, Flor%cia, that the week of May 23-30, 2022 be designated as National Beach Safety Week, and urge all residents using our beaches to enjoy themselves at the beach this year while taking appropriate measures to protect themselves and their children. Adopted this 17th day of May, 2022. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Joseph H. Earman, Vice Chairman Susan Adams Joseph E. Flescher Laura Moss M PROCLAMATION HONORING NANCY WOOD ON HER RETIREMENT FROM INDIAN RIVER COUNTYBOARD OF COUNTY COMMISSIONERS DEPARTMENT OF COMMUNITY DEVELOPMENT COUNTY PLANNING DIVISION WHEREAS, Nancy Wood retires from the Indian River County Department of Community Development, County Planning Division effective June 2, 2022; and WHEREAS, Nancy Wood began her career with Indian River County in the Community Development Department as a Temporary Employee on October 17, 2000, and then was hired as a Full -Time Planning Technician on January 31, 2001, she was promoted on April 22, 2005 to a Planning Technician II, which is the position she served until her retirement; and WHEREAS, Nancy Wood has served this County and the Public with distinction and sefflessness. She has gained the respect and admiration of her colleagues, co-workers and citizens within the County and her work and contributions are greatly appreciated; and WHEREAS, Nancy Wood's twenty-one years of dedication serving the citizens of Indian River County and her operational knowledge of the Community Development Planning Division will be greatly missed! NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OFIND)ANRIVER COUNTY, FLORIDA, that the Board applauds Nancy Wood's hard work, and the Board wishes to express their appreciation for the dedicated service she has given to Indian River Countyfor the last Twenty-one years. BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in her future endeavors! Adopted this 17" day of May 2022. BOARD OF COUNTY COMMISSIONERS IND)ANRIVER COUNTY, FLORIDA Peter O'Bryan, Chairman 7 7,8 , PROCLAMATION HONORING EARL HARD WICK ON HIS RETIREMENT FROM THE INDIAN RIVER COUNTYBOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS /ROAD & BRIDGE DIVISION WHEREAS, Earl Hardwick retires from the Indian River County Department of Public Works, Road & Bridge Division effective May 26, 2022; and WHEREAS, Earl Hardwick began his career with Indian River County, Solid Waste Disposal District on August 30, 1993, as an Equipment Operator I. On January 1, 2011, Earl transferred to Road & Bridge as a Senior Maintenance Worker. On February 3, 2012, Earl transferred to Tradesworker I and on June 22, 2012, Earl transferred to Senior Maintenance Worker. On June 4, 2013, Earl moved into Equipment Operator I and on August 30, 2019, Earl transferred to Senior Maintenance Worker which is the position he continued in until his retirement; and WHEREAS, Earl Hardwick has served this County and the Public with distinction and selflessness. He has gained the respect and admiration of his colleagues, co-workers and citizens within the County and his work is greatly appreciated; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Earl Hardwick's hard work representing the organization on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last twenty-eight years! BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 17th day of May 2022. BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA Peter O'Bryan, Chairman PROCLAMATION HONORING HELENA (ANN) RANKIN ON HER RETIREMENT FROM INDIAN RI VER COUNTY BOARD OF COUNTY COMMISSIONERS HUMAN RESOURCES DEPARTMENT WHEREAS, Ann Rankin retires from the Indian River County Human Resources Department effective June 2, 2022; and WHEREAS, Ann Rankin began her prestigious career with the Indian River County Human Resources (Personnel) Department on August 25, 1987, as an Insurance Control Clerk and was rapidly promoted to Employee Benefits Clerk on September 30, 1988. She served in this position for eight years before being promoted again, this time to Benefits/Payroll Specialist on November 29, 1996 and then finally promoted to Benefus/Payroll Administrator on January 22, 1999, the position she served in until her retirement, and WHEREAS, Ann Rankin has demonstrated a commitment over more than three decades to assisting employees of the County throughout their employment with employee benefits as they experienced marriage, birth of children, loss of loved ones, preparing for and entering retirement, and the continuation of retiree benefits. Ann has served this County, the public, and her coworkers, and has left a lasting impression with her kindness, empathy, distinction and selfessness. During her thirty-four years ofservice, she was dedicated, and her work was greatly appreciated by the Board, citizens, retirees and coworkers alike and she will be sorely missed; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Ann Rankin's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service she has given to Indian River Countyfor the last thirty-four years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in her future endeavors! Adopted this 17th day of May, 2022. BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman 9 PROCLAMATION HONORING WLLL4M STEVENSON ON HIS RETIREMENT FROM THE INDIAN RIVER COUNTYBOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS/ROAD & BRIDGE DIVISION WHEREAS, William Stevenson retires from the Indian River County Department of Public Works, Road & Bridge Division effective May 26, 2022; and WHEREAS, William Stevenson began his career with Indian River County, Road & Bridge Division on May 4, 1989, as a Maintenance Worker III and was quickly promoted to Maintenance Worker Von November 24, 1989. On March 20, 2001, William's position changed from Maintenance Worker V to a Senior Maintenance Worker which is the position he continued in until his retirement; and WHEREAS, William Stevenson has served this County and the Public with distinction and selflessness. He has gained the respect and admiration of his colleagues, co-workers and citizens within the County and his work is greatly appreciated; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds William Stevenson's hard work representing the organization on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last thirty-three years! BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this day of May 17, 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter O'Bryan, Chairman 10 PROCLAMATION HONORING DAWN WALLIS ON HER RETIREMENT FROM INDJAN RI VER COUNTYBOARD OF COUNTY COMMISSIONERS DEPARTMENT OF COMMUNITY DEVELOPMENT BUILDING DIVISION WHEREAS, Dawn Wallis retires from the Indian River County Department of Community Development, Building Division effective May 31, 2022; and WHEREAS, Dawn Wallis began her career with Indian River County in the Community Development Department on August 23, 2004 as a Staff Assistant I in the Planning Division and was promoted on April 4, 2014 to Building Support Specialist, which is the position she served until her retirement; and WHEREAS, Dawn Wallis has served this County and the Public with distinction and within the County and her work is greatly appreciated; and WHEREAS, Dawn Wallis's Seventeen plus years of dedication serving the citizens oflndian River County and the operational knowledge of the Community Development Building Division will be immensely missed! NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OFINDIANRIVER COUNTY, FLORIDA, that the Board applauds Dawn Wallis's hard work representing the organization on behalf of the County, and the Board wishes to express their appreciation for the dedicated service she has given to Indian River County for the last Seventeen plus years. BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in her future endeavors! Adopted this 17h day of May 2022. BOARD OF COUNTY COMMISSIONERS INDL4NRIVER COUNTY, FLORIDA Peter O'Bryan, Chairman 11 CONSENTAGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: May 3, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Designation of Excess Equipment as Surplus and Disposal Authorization BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. As previously authorized by the Board, the items will be sold by online auction and funds received from the sale of these items will be returned to the appropriate accounts. FUNDING: There is no cost to the County associated with this request. RECOMMENDATION: Staff recommends the Board approve the items on the Excess List for 051722 as surplus, and authorize their disposal. 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N M m m m Ln M �o W O m 0 0 0 L O O O O y w N O C1 O l/1 W ^ N m N cp Z Ln L M rl (m N N^ a) 2 ON d 0 CcJ N N cf r,� _ cNc c N G N J INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: May 9, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: First Extension and Second Amendment to Agreement for Annual Lift Station Rehabilitation (Bid 2019047) BACKGROUND: The Board of County Commissioners awarded bid 2019047 to Hinterland Group, Inc., on June 4, 2019, for as needed rehabilitation of lift stations and other appurtenances at wastewater facilities. On September 17, 2019, the first amendment to the agreement was approved, appending the items of work. DISCUSSION: The initial term of the agreement will end on June 2, 2022. Staff would like to extend the agreement for the available two-year period, and the contractor is willing to do so, pending approval of an increase to unit pricing, in accordance with the CPI Index. The agreement also requires amendment to incorporate changes to Florida Statute, as well as federal contract terms that would be required in the event the agreement is utilized following a disaster, or other federally -funded grant work. The calculations showing the change in the Consumer Price Index for All Urban Consumers (CPI -U), South Area are shown below. CPI Index at time of Bid (March 2019) Current CPI Index (March 2022) Change (100% multiplier) Prior total item award Updated total item price 245.554 278.598 13.46% $453,351.00 $514,372.04 SOURCE OF FUNDS: The amendment increases the total award amount to Hinterland Group, Inc. from $453,351.00 to $514,372.04. The second lowest responsive bid submitted on April 30, 2019, was $521,719, and did not include the 17 additional items added to the agreement in September of 2019. The award 16 amount is the total cost of each item contemplated in the agreement, and does not reflect total anticipated annual expenditure. The department estimates $500,000 total cost per fiscal year on lift station rehabilitation work. Funds are available in the Utilities/Wastewater Collection/Lift Station Rehabilitation account (47126836-044699-19512) in the Utilities operating fund. Operating funds and are generated from water and sewer revenues. Account Name Account Number Current Amount Available Utilities/Wastewater Collection/Lift Station 47126836-044699-19512 $209,748 Rehabs RECOMMENDATION: Staff recommends the Board approve the first extension and second amendment to the agreement, and authorize the Chairman to execute it after the County Attorney has approved it as to form and legal sufficiency. ATTACHMENTS: First Extension and Second Amendment to Continuing Contract Agreement for Lift Station Rehabilitation Services 17 FIRST EXTENSION AND SECOND AMENDMENT TO AGREEMENT FOR LIFT STATION REHABILITATION SERVICES This First Extension and Second Amendment to that certain Agreement to provide Lift Station Rehabilitation Services is entered into effective as of May 17, 2022 by and between Indian River County, a political subdivision of the State of Florida ("County") and Hinterland Group, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Lift Station Rehabilitation Services effective June 4, 2019; and WHEREAS, the Term; Duration of Agreement Paragraph contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of June 4, 2019 and will end on June 3, 2022; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional two-year period; and WHEREAS, the parties desire to amend the Responsibilities of the Contractor section to include E - Verify and Scrutinized Companies requirements; and WHEREAS, the parties desire to update requirements to the Federal Clauses section, in accordance with 2 C.F.R.; and WHEREAS, the parties have agreed to updated pricing, based on the U.S. Department of Labor's Consumer Pricing Index. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. The first renewal term shall commence effective June 4, 2022 and shall end on June 3, 2024. There are no additional renewals available. 3. The following information was added to the Responsibilities of the Contractor Section of the agreement: Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verif�gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F. S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. 18 The contractor certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, Contractor certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. The County may terminate this Contract if Company is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. County may terminate this Contract if Company, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 4. The Federal Clauses section is modified as follows: A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, 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: 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. (2) 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. O. Prohibition on Contracting for Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services, interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug. 13, 2020, from obligating or expending_ grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management A eg_ncy to: 19 (i) Procure or obtain anyetc uipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain anyequipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology s part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing= (i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibili , into any user data or packets that such equipment transmits or otherwise handles. (2)By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology system (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any s ss during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number, the order number(s), if applicable; supplier name; supplier unique entity identifier (if knownLpplier Commercial and Government Entity (CAGE) code if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. P. Domestic Preference for Procurements 20 As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use ofog ods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer -based products such as pol ym I chloride Ripe; aggregates such as concrete; glass, including_ optical fiber; and lumber. 5. Exhibit 1 to the agreement is replaced with Exhibit 1 — First Extension. 6. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Extension to be executed effective the day and year first set forth above. Hinterland Group, Inc. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: By: Printed name: Peter D. O'Bryan, Chairman Title: Attest: Jeffrey R. 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Q w 0 w 0I > vi v/ vi 0D 0J U CL Z 0 J J J J D 0 W W W > > > M op M U C 0 0J 0) > i •u Q R6 o2J cz 02S 01 Q1 0J Q m > c0 > c0 > > C C C V) V) W Z Z Z > Q Q. Q d Y 1-+ ++ � J-� � �'' (p m m > N D Of w > O_ O_ O x W > W > W > Lu > �- O_ O_ Y U Y U Y V u 0J � LL Ll- LL LL c G 0 Ur _ f-- J CL p. bA 0D 0D E Q w 0 0 0 a 0 0 0 U v U U 0 0 0 a a a a dJ w 0 0 0 0 w w w w p O O O `^ LL' Q Q Q 0 LL' � tY K v' lD c0 r1 'T lD co ri 't lD 0 rl T to 00 rl lD f� 00 Ol O rl N M Ln lD O � E � � r� n r` r\ (N r4 r` rl N m � Ln lD � 00 m ��-I �N-I cM-I c�-I r�-I NO N N N N N N N N N N N." z <1<1< Q a Q a Q a Q a Q Q Q Q a a O M 0 & C , INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Ryan Sweeney; Chief, Current Development FROM: Patrick J. Murphy, Senior Planner, Current Development DATE: May 6, 2022 SUBJECT: DiVosta Homes, LP's Request for Final Plat Approval for The Preserve at Waterway Village PD POD "V" [PD -19-03-02 / 2004010124-90233] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 17, 2022. DESCRIPTION & CONDITIONS: The Preserve at Waterway Village PD POD "V" is a phase located within the overall Waterway Village PD, and consists of 102 lots on 64.79 acres, resulting in a density of 1.57 units per acre. It is located at the southeast corner of the intersection of 43rd Avenue and 53rd Street, approximately 3,000 feet west of U.S. Highway 1 (see attachment 1). The property is zoned PD, Planned Development (up to 2.29 units per acre overall site), and has an L-2, Low -Density Residential -2 (up to 6 units per acre) future land use designation. On September 26, 2019, the Planning & Zoning Commission granted preliminary plat approval for POD "V". Public Works issued a land development permit for POD "V" on September 25, 2020, and the applicant began construction activities shortly afterwards. As of this time, the developer has constructed 79.20% of the required project improvements. The applicant has coordinated with staff to provide the following: 1. A final plat in conformance with the approved preliminary plat (see attachment 2); 2. An approved Engineer's Certified Cost Estimate for the remaining required improvements; and 3. An executed Contract for Construction of the remaining required improvements, with a letter of credit for 125% of the cost of construction for the remaining required improvements. The Board of County Commissioners (BCC) is now to consider granting final plat approval for The Preserve at Waterway Village POD "V". 31 ANALYSIS: Most, but not all, of the required project improvements have been completed. As provided for under the County Land Development Regulations applicable to this final plat application, the applicant will be "bonding -out" the remaining 20.8% of required project improvements (drainage, landscaping, roadways, utilities). Public Works, Utility Services, and Planning have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining project improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The County Attorney's Office has received an irrevocable letter of credit with supporting security in the amount of $923,406.23 to guarantee construction of the remaining required improvements. All improvements within The Preserve at Waterway Village POD "V" will be private, with the exception of certain utility facilities. Those utility facilities will be dedicated and guaranteed to Indian River County, as required through the final plat and certificate of completion process. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for The Preserve at Waterway Village POD "V". ATTACHMENTS: 1. Location Map 2. 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CL a U ww b� 0 ® h O e 4G�� CE •� a$g 0€ spa a W 1 two \^C "O�';y, •�s *ro- '1/�`G� o '� m39�o...`�81�8Ks db F -I �f\/ \ 1f�Xk'�:�k3�RR3 IWO Lu k iso dIRg,• C/)� I \ks8§888k8898 wo SII pst iE.;dB iE8 Wo iii I O• dm ILII a�S 33C198'scss II 6 I w W w m i D Z N W W li z - N z 9R U) ui Do U 3 I5XI ' � /N1 OZ„93 wCi € m'ZA W Owl CL a CL a v Z ���' Y 9F 6 � yy � o� k Vo �(w5 Z s R DA CLI�4 si �I II F I I -I eg�o 00 ° q~_ Qug $a 1 11 E n Wpz -Ili HIM 6 d I W wveu-i z $$ I % L z -!a.19' ♦Yat'w � � '�� f y Qn 21. .9�8Bo���Ya4 dos ♦ LMCf C ♦♦ ♦ _ 1!0.07 cm (MJOil33HS33S) 0 3NIl HOiV” Qo z {yob �lq45� wz $ 1 fat Uig mow° NS Iii I 0' CL� ii • INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator DEPARTMENT HEAD CONCURRENCE: Phillip J. Matson, AICP Community Development Director THROUGH: Rebeca Guerra, AICP, LEED-AP, CPD Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 4/26/2022 RE: Request for Release of conservation easements in VeroLago Subdivision It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of May 17th, 2022. DESCRIPTION AND CONDITIONS The Verolago Homeowners Association Inc. has petitioned the County for partial releases of conservation easements on lots 144 and 145 of Verolago Subdivision Phase 4, and lots 159 and 172 of Verolago Subdivision Phase 3. The HOA is requesting the partial easement releases as a means of abating violations of County land development regulations and the Verolago subdivison declaration of covenants, conditions and restrictions. The violations were created as a result of the placement of fill and lot grading encroachments into the conservation easements that occurred during construction of single-family homes on the subject lots. The encroachments were recently discovered by the HOA while they were performing native upland habitat maintenance and boundary survey activities within the preserves. To offset the partial conservation easement releases, the HOA is proposing to record conservation easements over the existing rear 20' landscape and maintenance easements on Verolago Phase 4 lots 108, 109, 110, and 111. The proposed conservation easements would result in a 654 square -foot increase in conservation easement area within the Verolago Subdivision. ANALYSIS The request has been reviewed by the County Public Works and Environmental Planning Divisions; and the County Surveyor. None of the reviewing agencies expressed an objection to the requested release of easements. Therefore, it is staff's position that the requested easement release would have no adverse impact on the subject properties or to other properties, and that the net result will be an overall increase in conservation easement area within Verolago. RECOMMENDATION Staff recommends that the Board, through adoption of the draft resolution, approve release of the conservation easements described in the draft resolution. 42 Verolago Homeowners Association Release of Easement Page 2 Attachments: 1. Map depicting easements proposed for release and recordation. 2. Draft County Resolution Releasing Easements. 3. Draft County Resolution attachments. ease.bccmemo proj./appl. no. 2015110044/91997 43 4 - CONSERVATION..'1 ,.dl 77 � TRACT( �� �,r' i 170 '169 168 167 166 165 �� 164 163 162,' 11 276' ('. 171 275 e , 274 273 '� _�� . .� 172 $,.y _ � - fw.; • 272 T > �{ ' Mob. - 1 U . 230 229 228 227' 226 225 ' 224 223' 222` >. $ 231 — 4ca4a �o 232 � 246 -; w 233w # x A 247 234 215 NSERVATION.- 248. } 235 214 TRACT AA r=,►; %` jSTORMWATER MANAGEMENT213 249TIPF 236 TRACT DD 2 250 211 ; y ' 237, 199 1 210 251 251 - 200 ,NAGEMENT 238 252 209 �. TRACT Z :. 239 253. Y 208` Y 240 X202 207 254" ., 241 203 206 TREE 255 242 205 256 K243,.. ., 1257 .. 244 ,t "258r d 245 204 t CONS 173 175 176 99 .100 55TH ST 98 = CC ,101 x . a - .s _ - 97A 102. y ., 94. 95 * 96 103 0 Y � 104 105 1067 108 p 1 , 1 109° 110 ' ' I 111 112 1 .� r M f r } .- 4 � . Fc .� . � Iw r A m" . 4 . ,` 'yt* *f � �i.�4 �tr3 z64. � a m. 4 •..,. Ail INFORMATIONAL MAP - NOT A SURVEY 0 87.5 175 350 The information on this map is taken from reliable sources. However, its accuracy is not guaranteed. RESOLUTION NO. 2122 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA, RELEASING CONSERVATION EASEMENTS ON LOTS 159 AND 172, VERO LAGO SUBDIVISION PHASE 3; AND LOTS 144 AND 145, VERO LAGO SUBDIVISION PHASE 4 WHEREAS, Indian River County has an interest in conservation easements on Lots 159 and 172, of Vero Lago Subdivision Phase 3; and Lots 144 and 145 of Vero Lago Subdivision Phase 4; and WHEREAS, the Vero Lago Homeowners Association, Inc., the owner of the easements, has made application to Indian River County requesting that the County release the easements; and WHEREAS, the retention of the easements, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: 1. INDIAN RIVER COUNTY does hereby release and abandon all right, title, and interest that it may have in the following described easements: The conservation easements on Lots 144 and 145 of Vero Lago Subdivision Phase 4; and The conservation easements on Lots 159 and 172 of Vero Lago Subdivision Phase 3; See Exhibit A attached for the descriptions. This release of easement is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on the 17 day of May, 2022, by the following vote: Chairman Peter D. O'Bryan Vice -Chairman Joe Earman Commissioner Susan Adams Commissioner Laura Moss Commissioner Joseph E. Flescher The Chairman declared the resolution duly passed and adopted this 171 day of May, 2022 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA am Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk 45 RESOLUTION NO. 2122 - APPROVED AS TO FOR AND LEGAL SUFFICIENCY: William. K. DeBraal Deputy County Attorney Cc: Applicant: VEROLAGO HOMEOWNERS ASSOCIATION, INC. C/O ELLIOTT MERRILL MANAGEMENT 835 20TH PLACE VERO BEACH, FL 32960 46 DESCRIPTION TO ACCOMPANY SKETCH (NOT VALID WITHOUT SHEETS 7 & 2) A PORTION OF LOT 144, VEROLAGO PHASE 4, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 20, PAGE(S) 38-43, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID VEROLAGO PHASE 4; THENCE ;NORTH 89'56'31 WEST ALONG THE NORTH UNE OF SAID VEROLAGO PHASE 4, A DISTANCE OF '191.24 FEET TO THE NORTHEAST CORNER SAID LOT 144; THENCE CONTINUE NORTH 89'56'31 'WEST ALONG SAID NORTH LINE, A DISTANCE OF 175.99 FEET TO A NON—RADIAL CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 166.00 FEET AND- THE POINT OF BEGINNING; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 87.32 FEET THROUGH A DELTA ANGLE 30'08'22 , CHORD BEARING OF SOUTH 15'46'21 WEST AND CHORD DISTANCE OF 86.32 FEET TO THE SOUTH UNE OF SAID LOT 144; THENCE NORTH 893.9'44 WEST ALONG SAID SOUTH LINE OF LOT 144, A DISTANCE OF 20.00 FEET; THENCE NORTH 00'03'32 WEST A DISTANCE OF 82.91 FEET TO THE SAID NORTH LINE OF LOT 144: THENCE NORTH 89'56'31 EAST ALONG SAID NORTH LINE OF LOT 144,--.A DISTANCE OF 4155 FEET TO THE POINT OF BEGINNING. . (CONTAINING 2307± SQUARE FEET) 1. THIS SKETCH EASTS SOLELY FOR THE PURPOSE OF ILWSTRATING THE LEGAL DESCRIPTION TO WHICH IT IS ATTACHED. 2. ALL 1XVENSONS ARE CALCULATED UNLESS OTHERWISE NOTED. 3. THIS SKETCH MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472027, FLORIDA STATUTES, Air GSS SURVEYING 8 MAPPING. LLC. ,� CERTIFICATE OF AUTHORIZATION NUMBER LS 8006 a Date: 9WECIF 2022.03.28 ` . PJWJDA 1 S:S4:46 -04'00' PROFESSIONAL tLN RESPONSIBLE CHARGE TERRY H, DRUM PROFESSIONAL SURVEYOR AND MAPPER NO, 5597 OR HENRY A.KILBURN, PRCFESSIONAL SURVEYOR AND MAPPER NO, 6661 NOT VALID vvrmaur THE ORIGINAL SIGNATURE AND RAGEO SEAL OR DIGITAL SIGNATURE THIS IS NOT A BOUNDARY SURVEY AND DIGITAL SEAL OFA FLORIDALK:ENSED SURVEYOR AND MAPPER UPDATES'and/6r RENM OHS LABEL DOSTINC, E/SUIENT - KC - 2-7-2A22 . DATE: 01-19-22 DMaZIM" I LAM-M1M U -MM SQ. FT - KC -.3-=-2Q22 . J00 R 22-0013.3MCH-DESC GSS Surveying and Mapping, LLC . GAS Surveying and Mapping. LLC .7.00 22^' Placa 4820 Lipscomb St NE CHECKED BY: HAK Su Ito 2A S41to 2 Vara 8aach, FL 32900 ts +:2 ras-,-:. Palm Soy, FL 32905 PACs 1 of 2 772,696-5304 321.914-3978 FIELD DATE 01-19-2022 14 / 1 WEST UNE I OF LOT 144 .SKETCH AND DESCRIPTION DESCRIPTION TO ACCOMPANY, SKETCH (NOT VAUD WITHOLIT SHEETS -1 & 2) S 89'5631' W 175.99' N, 8956'31' E NORTH LINE OF VEROLAGO PHASE 4 43.55' POINT.OF f KQNNING I ARC -87.32+ 40,00, % � RADIUS --166.0# I HGRD kTAN 2' CHORD BEARIM--S 15.46'21• W cHORo UI5TANCE=6s.3z LOT 144 �. ErasnNG coNSERvaTraN EASEMENT TO $£ RAIOVED PER . VEROLAGO PHASE 4 PLAT BOOK I{ 20, PAGES 38-47 (2307± SQ FT CALCULATED) 20,O0' SOUTH IM OF LOT 144 1'39 '44" w - POINT OF CURVATURE LOT 145 GRAPHIC - SCALE 30 0 15 , 30 ( IN FEET I) 1 inch = 90 it. S 89.56'31' w 191.24' NORIHEAST CORNER OF LOT 144 POINT OF COMMENCEMENT� NORTH EAST OORNER OF —I LAGO PHASE 4 SCALE 1:30 (1" = 30') THIS I&NOT A BOUNDARY 81JRVEY UPDATES Md/Of.REASON5 -DATE: LABII. COMO EASEMMT - KC - 2-7-2022 01-03-22 DESCRIPTION I lAEEL E7aMO EASaW SO'rr- KC - 3-23-2022 JOB F 22-0013 SKETCH-DESC GSS Surveying and Moppfag LLC OSS Surveying and Mapping, LLC DRAYN Or KC Place 4620 Lipscomb St NE CNEcxID 0ti HW70022,4 Wirt 2A - .y/' '5u1te 2' FIELD BOOK: N A / Vero Beach, -FL 32960 _-`_.���_<.�+++r.-n,.�+. Palm Bay, FL 32905 .. PACE: Z OF 2 772.MW5300 321.9143978 FIELD DATE: 01-19-2622 i' .. 48 DESCRIPTION TO ACCOMPANY SKETCH (NOT VALID WITHOUT SHEETS 1 8 2) A PORTION OF LOT 145, VEROLAGO PHASE 4, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 20, PAGE(S) 38-43, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCR BED AS FO+.LOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID VEROLAGO PHASE 4; THENCE NORTH 89'56'31 WEST ALONG THE NORTH LINE OF SAID VEROLAGO PHASE 4, A DISTANCE OF 367.23 FEET; THENCE SOUTH 00'03'32 EAST, A DISTANCE OF 62.91 FEET TO THE NORTH LINE OF SAID LOT 145 AND THE POINT OF BEGINNING; THENCE SOUTH 89'39'44 EAST ALONG SAID NORTH LINE, A DISTANCE OF 20.00 FEET TO A NON—RADIAL CURVE CONCAVE TO THE EAST WITH A RADIUS OF 166.00 FEET; THENCE 56.00 FEET ALONG THE ARC CF SAID CURVE THROUGH A DELTA ANGLE OF 19'19'40, CHORD BEARING OF SOUTH 08'57'40 EAST AND CHORD DISTANCE OF 56.73 FEET TO THE SOUTH UNE OF SAID LOT 145; THENCE NORTH 27'28'07 WEST A DISTANCE OF 62.18 FEET TO THE NORTH LINE OF SAID LOT 145 AND THE POINT OF BEGINNING. (CONTAINING 462± SQUARE FEET) 1. THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO MMICH IT IS ATTACHED. 2. ALL DIMENSIONS ARE CALCULATED UNLESS OTHERNISE NOTED. I THIS SKETCH MEETS THE STANDARDS OF PRACTICE SFT FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS IN CHAPTER 54-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472027, FLORIDA STATUTES. L(Sfft=E GSS SURVEYING 8 MAPPING, LLCCERTIFICATE OF AUTHORIZATION NUMBER LB 8006 Henry A.Digitally signed by Henry A. Kilburn Date: 2022.03.29 Kilburn 14:12:57-04'00' PROFESSIONAL SURVEYOR AND MAPPER IN RESPONSIBLE TERRY H DRUM PROFESSIONAL SURVEYOR AND MAPPER NO. 5597 OR HENRY A. K LBURN, PROFESSIONAL SURVEYOR AND MAPPER NO.. 6661 NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED SEAL OR DIGITAL SIGNATURE THIS IS NOT A BOUNDARY SURVEY AND DIGITAL SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER UPOATES and/Q REVISIONS ILA13EL DOSING EAM46NT - KC - 2-7-2022 DATE: 01-19-22 DEscmPncN LABEL EbS791C Ek"MT 90 FT - KC - 5--21i-2072 JOB IP 22-0014 SKETCH-DESC GSS Surveying and Mapping, LLC GSS Surveying and Mapping, LLC 700 22- Place 4620 Lipscomb St NE Suite 2A SS Suite 2 Vero Beach, FL 32960 Palm Bay, FL 32905 49 n '-F7 321914-3978 DRAWN 8Y`. KC CHECKED BY: HAK FIELD BOOK: N/A PACE: 1 OF 2 FIELD DATE 01-19--2022T72-696-5300 DESCRIPTION TO ACCOMPANY SKETCH (NOT VALID WITHOUT SHEETS 1 & 2) GRAPHIC SCALE 30 0 15 30 ( W FEET ) 1 inch = 30 it. POINT OF COMMLNCEMENT 1 NORTHEAST CORNER OF NORTH UNE OF VEROLAGO PHASE 4 VEROLAGO PHASE 4 N 89'56'31' W 367.23' - m N LOT 144 M P 8 I - POINT OF BEGINNING X20.00 ARC=56.00' WEST LINE i�RADIUS=166.00' DATE 01-03-22 DESCRIPTION I LAB2 E7MNG E MAD(T SO FT - KC - 3-26-2022 OF LOT 145 DELTA -19'19'40' \Z CHORD BEARING=S 08'5740" E CHORD DISTANCE=55.73 LOT 145 REMAINDER OF DRAWN BY: KC CCNSERVA71ON rn EASEMENT DOSTiNG CONSERVATION EASE;v1ENT TO BE REMOVED PER 4620 Lipscomb St NE VEROLAGO PHASE 4 PLAT BOOK 20, PAGES 38-4.3 (462± SO FT CALCULATED UNE OF LOT 145 POINT OFI-orSOUTH FIELD 80010 N/A CURVATURE SCALE 1:30 (1" = 30') UPDATES and/a REVISIONS I LA8EL E:OSTING EASEMENT - KC - 2-7-2022 DATE 01-03-22 DESCRIPTION I LAB2 E7MNG E MAD(T SO FT - KC - 3-26-2022 JOB jF 22—=4 SKETCH—DEW GSS Surveying and Mapping, LLC GSS Surveying and Mapping. LLC DRAWN BY: KC 700 22- Place"SS 4620 Lipscomb St NE CHECKED BY: HAK Suite 2A Suite 2 FIELD 80010 N/A PACE 2 OF 2 Vero Beach, FL 32960 Palm Bay. FL 32905 0 5 J 772-696-5300 321-914-3978 FIELD DATE 01-19-2022 DESCRIPTION TO ACCOMPANY SKETCH (NOT VALID WITHOUT SHEETS 1 & 2) A PORTION OF LOT 159, VEROLAGO PHASE 3, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 20, PAGE(S) 30-37, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID VEROLAGO PHASE 3; THENCE SOUTH 13'25'17 WEST ALONG THE EAST LINE OF SAID LOT 159, A DISTANCE OF 52.34 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 13'25'17 WEST, A DISTANCE OF 7.98 FEET TO CURVE CONCAVE TO THE SOUTH WH A RADIUS OF 235.00 FEET; THENCE 54.31 FEET ALONG THE ARC OF SAID CURVE THROUGH A DELTA ANGLE OF 15'28'30, CHORD BEARING OF NORTH 83'11'58 WEST AND CHORD DISTANCE OF 54.19 FEET: THENCE NORTH 89'49'14 WEST, A DISTANCE OF 21.61 FEET TO THE WEST LINE OF SAID LOT 159; THENCE NOTH 0010'46 EAST, A CISTANCE OF 8.00 FEET; THENCE SOUTH 85'02'39 EAST, A DISTANCE OF 77.57 FEET TO THE POINT OF BEGINNING. (CONTAINING 484± SQUARE FEET) 1. THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO *!CH IT IS ATTACHED, 2, ALL DIMENSIONS ARE CALCULATED UNLESS OTHERWSE NOTED, 3. THIS SKETCH MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. fp/14 GSS SURVEYING & MAPPING, LLC. NQt CEPT;F�CATE OF AUTHORIZATION NUMBER LB 8006 t Henry /q Digitally signed by STME OF HenryA. Kilburn KDRIVA Kilburn Date: 2022.03.29 IF 14:14:59 -04'00' SURVEYOR AND MAPPER IN RESPONSIBLE CR= TERRY H, DRUM PROFESSIONAL SURVEYOR AND MAPPER NO 5597 OR HENRY A. KILBURN. PROFESSIONAL SURVEYOR AND MAPPER NO. 6661 NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED SEAL OR DIGITAL SIGNATURE THIS IS NOT A BOUNDARY SURVEY AND DIGITAL SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER UPDATES amd/or REVISIONS LABEL 00STING EASEMENT - KC - 2-7-2022 DATE 01-19-22 DESCRIPTION I LABa azTm EASEIENT SQ FI- - KC - 3-211x2071 JOB A 22-0015 SKETCH-DESC GSS Surveying and Mapping. LLC GSS Surveying and Mapping, LLC DRAWN BY: KC 700 221 Place 4620 Lipscomb St NE IML CHECKED BY: HAK Suite 2A Sulte 2 FIELD BOCK;- N/A Vero Beach, FL 32960 Palm Bay, FL 32905 C PACE-- 1 OF 2 J 1 772 696-5300 321 914-3978 FlE7D DATE 01-19-2022 SKETCH AND DESCRIPTION DESCRIPTION TO ACCOMPANY SKETCH WEST UNE LOT 159 W og r c6 CD GRAPHIC SCALE 30 0 15 30 IPVw 1 ( IN FEET ) 1 inch = 30 ft. LOT 160 SCALE 1:30 (1" = 30') (NOT VALID WITHOUT SHEETS 1 & 2) NORTH UNE VEROLAGO, PHASE 3 REMANDER OF CONSERVA11ON EASEMENT E10STiNG CONSERVATION EASEMENT TO BE REMOVED PER VEROLAGO PHASE 3 PLAT BOOK 20, PAGES 30-37 (484± SO FT CALCULATED) 5 851)2399 EE 77.57' N 89'49'14' W 21.61' ARC --54.31' RADIUS --235.00' DELTA= 15'215'30' CHORD BEARING=N 8311'58' W CHORD DISTANCE -54.19' LOT 159 POINT OF COMMENCEMENT NORTHEAST CORNER OF VEROLAGO PHASE 3, PLAT BOOK 20, PAGES 30-37 N 3 N \ ' r^•7 EAST UNE LOT 159 POINT OF BEGINNING rn sv ^. LOT 158 UPDATES and/or REVISIONS I LABEL E)MING EASENENT - KC - 2-7-2022 DATE 01-03-22 DESCR1PT10N I LABEL ccsTw EAswr 54 FT - KC -3-26-2022 ,100 A 22-0015 SKETCH—DESC GSS Surveying and Mapping. LLC GSS Surveying and Mapping. LLC DRAWN BY: KC 700 22"° PlaceS 4620 Lipscomb St NE 01ECKED BY: HAK Suite 2A Suite 2 � S FlED BOOK: N/A Vero Beach. FL 32960 Palm Bey, FL 32905 2 5 PAGE: 2 CF 2 J 772.696-5300 3219143978 RaD DAIS: 01-12-2022 DESCRIPTION TO ACCOMPANY SKETCH (NOT VALID WITHOUT SHEETS 1 & 2) A PORTION OF LOT 172, VEROLAGO PHASE 3, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 20, PAGE(S) 30-37, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID VEROLAGO PHASE 3; THENCE SOUTH 89'56'31 WEST ALONG THE NORTH LINE OF SAID VEROLAGO PHASE 3, A DISTANCE OF 738.67 FEET; THENCE NORTH 89'49'11 WEST, A DISTANCE OF 10.60 FEET TO THE NORTHEAST CORNER OF SAID LOT 172; THENCE SOUTH 00'10'46 WEST ALONG THE EAST LINE OF SAID LOT 172, A DISTANCE OF 67.21 FEET TO A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 475.00 FEET; THENCE 58.29 FEET ALONG THE ARC OF SAID CURVE THROUGH A DELTA ANGLE OF 07'01'52, CHORD BEARING OF SOUTH 70'56'30 WEST AND CHORD DISTANCE OF 58.25 FEET TO THE WEST LINE OF SAID LOT 172; THENCE NORTH 00'10'46 EAST ALONG SAID WEST LINE, A DISTANCE OF 19.20 FEET; THENCE SOUTH 89'49'11 EAST, A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING. (CONTAINING 493± SQUARE FEET) All 'TwiTflim 1. THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL XSCRIP71ON TO WHICH IT IS ATTACHED. 2. ALL DIMENSIONS ARE CALCULATED UNLESS OTHERWISE NOTED. 3. THIS SKETCH MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS IN CHAPTER 9J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. GSS SURVEYING & MAPPING. LLCCERTIFICATE OF AUTHORIZATION NUMBER LS 8006 Henry A, Digitally signed by Henry A. Kilburn L78tDaW (� SURVEYOR Date: 2022.03.29Kilburn 14:10:21 _04'00PROFESSIONAL AND MAPPER IN RESPONSIBLE CR= TERRY H DRUM PROFESSIONAL SURVEYOR AND MAPPER NO. 5597 OR HENRY A. KILBURN, PROFESSIONAL SURVEYOR AND MAPPER NO 6661 NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED SEAL OR DIGITAL SIGNATURE THIS IS NOT A BOUNDARY SURVEY AND DIGITAL SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. IRDATES and/a REVISIONS I LABEL DOSING FASDAENT - KC - 2-7-2022 DATE: 01-111-22 DESCRIPTION LABEL E10511N0 EAgIER SC FT - KC - 3-2-22 JOB /t 22-0016 SKETCH-DESC GSS Surveying and Mapping„ LLC GSS Surveying and Mapping. LLC 700 22-' Place 4620 Lipscomb St NE Suite 2A SS Suite 2 Vero Beach, FL 32960 %300Palm Bay, FL 32905 53 772-698-5300 321-9143978 DRAWN BY: KC CHECKED 9Y: MAK FIE.D BOOK: N/A PACE I OF 2 FIELD DATE 01-19-2022 SKETCH AND DESCRIPTION DESCRIPTION TO ACCOMPANY SKETCH WEST LINE OF LOT _ 172 GRAPHIC SCALE W 30 015 30 a 1 inch = 30 fL SCALE 1:30 (1" = 30) (NOT VALID iMTHOUT SHEETS 1 & 2) NORTH LINE OF VEROLAGO PHASE 3 . S 89'56'31' W 738.67' TRACT BB , LOT 172 EXISTING CONSERVATION EASEMENT TO BE REMOVED PER VEROLAGO PHASE 4 PLAT BOOK 20, PAGES 38-43 (493± SO FT CALCULATED) LOT 171 UPDATES a d/n REVISkONS I LABE_' EX15T'I EA.SELENT - KC - 2-7-2022 N 89'49'11' W LAOM ECSIIK EAg1ENT SO FT - KC - 3-26-2D22 10.60' / cv REMAINDER OPOINT co DRAW BY: KC OF CONSERVATION COMMENCEMENT EASEMENT 3 NORTHEAST NORTHEAST CORNER CORNER VEROLAGO PHASE 3, Suite 2A `to LOT 172 PLAT BOOK 20, .t PACE: 2 OF 2 PAGES 30-37 Vero Beach. FL 32960 O 772-696-5300 T FIELD DATE 01-79-2022 O O N EAST LINE OF LOT 172 S 89.49'11' E 55.00' � POINT OF BEGINNING ARC=58.29' RAD'l1S=475.00' DELTA=07'01'52 CHORD BEARING=S 70'56'30' W CHORD DISTANCE=58.25' TRACT BB , LOT 172 EXISTING CONSERVATION EASEMENT TO BE REMOVED PER VEROLAGO PHASE 4 PLAT BOOK 20, PAGES 38-43 (493± SO FT CALCULATED) LOT 171 UPDATES a d/n REVISkONS I LABE_' EX15T'I EA.SELENT - KC - 2-7-2022 DATE 01-03--22 DESCRIPTION LAOM ECSIIK EAg1ENT SO FT - KC - 3-26-2D22 JOB R 22-0018 SKETCH-DESC GSS Surveying and Mapping, LLC GSS Surveying and Mapping, LLC DRAW BY: KC 700 22nD Place 4620 Lipscomb St NE CHECKED BY: HAK Suite 2A Suite 2 S S FIELD BOOK. N/A PACE: 2 OF 2 Vero Beach. FL 32960 Palm Bay, FL 32905 54 772-696-5300 321914-397$ FIELD DATE 01-79-2022 8/2/2022 • Partial releases of conservation easement' ots s.44and 145 of Verolago Subdivision Phase 4 & lots 159 and 172 of Verolago Subdivision Phase 3 • HOA is requesting as a means of abating violations created as a result of the placement of fill and lot grading encroachments into the conservation easements that occurred during construction of single-family homes. • Record conservation easements over the existing rear 20' landscape and maintenance easements on Verolago Phase 4 lots 1o% 1o9, 11o, and 111 & results in a 6S4 square -foot increase in conservation easement area. 6 1 4t 8/2/2022 2 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Ryan Sweeney; Chief, Current Development FROM: Mary Jane Vreeland; Planner, Current Development DATE: May 5, 2022 SUBJECT: Vero Beach Ranches, LLC's Request for Final Plat Approval for Covington Run Roadway Plat [SD -19-08-04 / 2018080006-87382] and Covington Run Affidavit of Exemption [AOE-19-05-03 / 2018080006-83963] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 17, 2022. DESCRIPTION & CONDITIONS: The applicant, Vero Beach Ranches, LLC., is requesting final plat approval of a roadway plat. The proposed private right-of-way is associated with and will provide access and roadway frontage to the proposed 19 lot Covington Run Affidavit of Exemption (AOE). The 95.69 -acre site is located at the northeast corner of the intersection of 66th Avenue SW and 17t` Street SW, a portion of the site also extends north to 13th Street SW (see attachment 1). The subject property and all contiguous properties are zoned A-1, Agricultural -1 (up to 1 dwelling unit/5 acres), and have an AG -1 Agriculture -1 (up to 1 unit/5 acres) future land use designation. The preliminary plat for the road right-of-way was approved at the staff level on November 15, 2019, and a land development permit was issued by the Public Works Department for construction of the 60' private road right-of-way on June 5, 2020. A certificate of completion for the roadway improvements was issued on January 27, 2022. The now existing roadway will be dedicated to the Covington Run Property Owner's Association, Inc. via the subject final plat. Indian River County will have no responsibility, duty or liability whatsoever for the private platted roadway. Concurrently with the submittal of the Covington Run roadway plat, Vero Beach Ranches, LLC submitted an application for the Covington Run AOE in accordance with Section 913.08 of the County's land development regulations (LDRs). The Covington Run AOE encompasses the same 95.69 -acre fallow cropland as previously described. The 19 lot AOE will have a single point of access to 17th Street SW (see attachment 3). 55 AVOWIMUIT All parcels within the AOE exceed the 200,000 square foot minimum area established by the A-1 zoning district. The overall project density is 1 unit per five 5 acres. During the review process, the Public Works Department identified right-of-way deficiencies along the site's frontages of 66th Avenue SW and 17th Street SW. Therefore, Vero Beach Ranches, LLC dedicated 30' of additional right-of-way for 66th Avenue SW and 17th Street SW to Indian River County. Additionally, a limited access easement will be dedicated to the County for control and jurisdiction over access rights. Utility easements have also been dedicated to the County for utility providers. The final AOE recordable map is consistent with the preliminary AOE plan approved at staff level. All requirements for final approval of the roadway plat and AOE have been satisfied. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners grant final approval of the Covington Run Roadway Plat, and by a separate motion, staff recommends that the Board of County Commissioners grant final approval of the Covington Run Affidavit of Exemption. ATTACHMENTS: 1. Location Map 2. Roadway Final Plat Graphic 3. 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Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Ryan Sweeney; Chief, Current Development FROM: Mary Jane Vreeland; Planner, Current Development DATE: May 5, 2022 SUBJECT: William H. Massagee, III and Lynn V. Massagee, Trustees of the Massagee Revocable Trust Request for Approval of the Massagee Affidavit of Exemption [AOE-21-07-02 / 2015030080-89610] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 17, 2022. DESCRIPTION & CONDITIONS: The applicant, Massagee Revocable Trust, is requesting final approval of a two parcel Affidavit of Exemption (AOE). The 18.51 -acre site is located on the south side of 411t Street approximately 3,800' west of 66th Avenue (see attachment 1). The subject property and all contiguous properties are zoned A-1, Agricultural -I (up to 1 unit/5 acres), and have an AG -1, Agriculture -1 (up to 1 unit/5 acres) future land use designation. ANALYSIS: Both parcels within the AOE exceed the 200,000 square foot minimum area established by the A- 1 zoning district. The overall project density is one dwelling unit per 9.25 acres (see attachment 2). The AOE application, submitted by Mills, Short & Associates, Inc., on behalf of the Massagee Revocable Trust, complies with Section 913 of the County's land development regulations. During the AOE development review process, Public Works staff indicated that a limited access easement is needed along the project's 41st Street frontage, that will control access to the two lots. The purpose of the limited access easement is to control the number of driveway connections to the publicly owned and maintained right-of-way. Dedication of the limited access easement to the Board will allow the County to enforce use of a single point of access for each parcel connecting to 41 st Street within the Massagee AOE. 62 The recordable Massagee AOE plan accurately depicts the required limited access easement, and also includes the appropriate dedication language. The proposed layout of the AOE has been reviewed by staff, including Public Works, and is acceptable. Also, the dedication language has been reviewed and approved by the County Attorney's office. The Board may now consider acceptance of the dedication of the limited access easement from the property owners as part of the AOE approval. RECOMMENDATION: Staff recommends that the Board of County Commissioners accept the dedication of the limited access easement and authorize the chairman to execute the subject Affidavit of Exemption. ATTACHMENTS: 1. Location Map 2. 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Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Eric Charest, Natural Resource Manager SUBJECT: Stormwater Summer Camp DATE: May 6, 2022 DESCRIPTION 8•G-, For Summer 2022, Staff is requesting to provide two, one-week Stormwater Summer Camps hosted at the Pelican Island Audubon House. For the past four years Alexis Peralta, the Stormwater Educator, has partnered with Audubon through their summer camp programs to great success. This year however, as Audubon has lost their educator and as the position is yet to be filled, Alexis has requested to lead her own Stormwater camp partnered with Pelican Island Audubon who would supply their facility, a van, and a volunteer co -counselor. The Audubon House offers a great location for camp as it is near the Lagoon, surrounded by nature, and gives the students space to enjoy themselves without being in the way of others. The Audubon van with volunteer driver offers exclusive transportation for camp field visits that is otherwise difficult and expensive to secure. The Audubon co -lead volunteer is a certified social worker and has worked with Alexis through the years. Campers will be selected by Audubon staff from their graduating Advocates program (ages 11-14) as well as children from the Homeless Children's Foundation. Audubon will charge $100 per camper to help cover costs of the van, snacks, and activities. Alexis will provide two weeks of staff time to lead each of the one-week camps focusing on stormwater issues; including trips to Egret Marsh, the IRC Landfill, the Sebastian Inlet, and the Lagoon. The cost to provide two one-week long camps at the Audubon House will include 75 hours staff time; $500 for "Stormwater Summer Camp" T-shirts; and up to $200 in supplies for activities such as gloves, safety vests, water quality kits, etc. FUNDING The sum of these costs is $700 which can be funded by a line transfer from Transportation Fund/Stormwater/Promotional Account to Transportation Fund/Stormwater/Stormwater Summer Camp Account Name Account Number Amount Transportation Fund/ Stormwater/ Stormwater Summer Cam 11128138-041130 $700 RECOMMENDATION Staff requests approval from the Board for Indian River County Stormwater to lead a Summer Camp hosted by Pelican Island Audubon at the Audubon House. APPROVED AGENDA ITEM FOR May 17, 2022 66 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director THROUGH: Eric Charest, Natural Resource Manager FROM: Alexis Peralta, Stormwater Educator & Fertilizer Enforcement SUBJECT: Summer Camp Partnership with The Learning Alliance DATE: May 4, 2022 DESCRIPTION For summer 2022, staff has been requested by The Learning Alliance to return as an environmental educator partner for the Moonshot Academy Summer Program. The camp is an interdisciplinary, integrated literacy and arts curriculum that takes place both in classrooms and the outdoors with the environmental community partner (2 days per week) over 4 weeks in the summer at two sites. Staff is requested to participate twice a week, for four weeks, to instill knowledge of the Lagoon, stormwater pollution, and a sense of personal responsibility to care for our environment through lessons that align with the STEAM into Literacy curriculum. These lessons include already implemented presentations and activities that the Stormwater Educator has used over the years in school programs, summer camps, and general learning (i.e. the Enviroscape stormwater model presentation, lessons on pollution and lagoon biodiversity, and litter cleanups). A field trip has been discussed to visit Osprey Acres Stormwater Park for a tour, physical exploration, and understanding of stormwater filtration. County staff already has the necessary tools for the lesson plans. Staff is not required to fund any portion of the Moonshot Academy Camp; supplies, transportation, or the like. Potential materials requested by Stormwater staff will be requested of The Learning Alliance. Summer 2021 was the first year Stormwater Division partnered with The Learning Alliance Moonshot Academy and it was very successful in terms of children's engagement and enjoyment learning about stormwater pollution and visiting Osprey Acres Stormwater Park. FUNDING County funding is not required. County staff time for participating in the Moonshot Academy Summer Camp will be one staff member, 4 hours per day, twice a week for four weeks, totaling 32 hours of staff time. Any additional required materials to support program implementation will be purchased by The Learning Alliance. 67 Page 2 BCC Agenda Item for May 17, 2022 Summer Camp Partnership with The Learning Alliance RECOMMENDATION Staff requests approval from the Board to participate in the Moonshot Academy Summer Program and authorizes the Chair to execute the MOU after review and approval of the MOU by the County Attorney's office. ATTACHMENTS Moonshot Academy/IRC Summer Program MOU APPROVED AGENDA ITEM FOR May 17, 2022 Moonshot Academy/Indian River County Summer Program Memorandum of Understanding This Memorandum of Understanding (MOU) is entered into by and between the following entities: The Learning Alliance ("TLA") and Indian River County ("IRC"). These entities are working together to provide summer programming for selected School District of Indian River County ("SDIRC") students through a curriculum called STEAM Into Literacy ("SIL") as part of the Moonshot Academy ("MSA") Summer Program. The purpose of this MOU is to establish the framework through which the group will collaborate and to articulate the specific roles and responsibilities of each entity in implementing the program. I. Scope of Program Each entity agrees to participate in the proposed program that is set forth in this MOU for Summer 2022 and conduct activities and carry out responsibilities as may be identified herein. II. Program Objectives 1) The programs' explicit goals areas follows: a) To stop summer learning loss and close gaps in literacy skills for struggling readers b) To provide students with real world problem solving and authentic opportunities to apply their learning in their community i) To cultivate scientific curiosity and increase science content knowledge ii) To engender a sense of environmental stewardship such that students take action to care for the local lagoon ecosystem c) To develop students' social and emotional skills, including self regulation, positive relationship skills, self awareness, empathy, and confidence. 2) The group will design and utilize common assessments to measure progress and results relative to these objectives. Data will be provided to TLA for reporting purposes as soon as possible after completion of the program. III. Program Design 1) Each participating entity agrees to implement the program as designed. This includes: a) An interdisciplinary, integrated literacy and arts curriculum that takes place in both classrooms and with the environmental community partner (2 days per week) over 4 weeks in the summer at two sites. (schedule HERE) b) Students are identified as struggling readers in the lower 50th percentile and invited by SDIRC administration to participate in the program. c) Teachers are hired to teach the program by TLA, in consultation with the MSA Leader, through an application process. 69 d) Qualified staff is provided by IRC (Stormwater Division) to deliver environmental lessons that align with the SIL Curriculum. All staff will be provided up front professional development and training to support the implementation of the program. e) Participating entities will be a part of a continuous improvement reflection process that includes a Before Action Review (BAR) and After Action Review (AAR). 2) Any significant program changes need to be approved by all entities through collaborative reflection. IV. Joint Responsibilities for Communication and Development of Timelines The group agrees to the following joint responsibilities -- 1) Each entity has appointed key contacts for the 2022 Program as follows: o IRC - Stormwater Division: Alexis Peralta, aneraltazircgov.com o TLA Program Manager: Debbi Arseneaux, darseneauxla,theleaming-alliance.org 202-446-6940 o MSA Leaders: Beachland - Ken Fass, kenneth.fass(a.indianriverschools.org, Citrus - Mike Reed, micheal.reed&indiavnriverschools.org, Sebastian - Chelsea Castillo, chelsea.castillona.indianriverschools.org These key contacts will maintain frequent communication to facilitate cooperation under this MOU. 2) These key contacts will work together to determine appropriate timelines for program planning, updates, status reports, and program evaluation. 3) These key contacts will collaborate to provide appropriate training, professional development, and support of teachers to implement the program. 2022 Important Dates/Times: • June 2: professional development for staff • June 3: planning & prep • Program Dates: June 6 -July 1 Program hours 8:30a -1:30p Monday -Friday ■ Environmental Partners scheduled Tuesdays and Wednesdays from 9:15a -12:30p ■ Showcase on Thurs, July 1 VI. Participating Entity Financial Responsibilities 1) IRC (Stormwater Division) will provide an Environmental Education Specialist to lead interdisciplinary lessons in alignment with all organizational goals and as such, planning and teaching hours will fall under the scope of current IRC priorities. 2) If necessary, IRC (Stormwater Division) will request any necessary additional materials to support program implementation and these will be provided by The Learning Alliance. 70 3) Transportation and food will be provided by SDIRC and arranged by the MSA Administrator. The MSA Administrator will ensure an invoice has been submitted from SDIRC to TLA within a month after program completion. 4) TLA Summer Manager will work with the MSA Leader to acquire all necessary supplies prior to the start of the program for use during the program. 5) Budget will be submitted to TLA for approval prior to the start of the program, including anticipated costs from SDIRC and IRC. VI. Assurances Each entity hereby assures and represents that it: 1) Agrees to be bound to every statement and assurance made by the key contact from each participating entity; 2) Has all requisite power and authority to execute this MOU; 3) Is familiar with the Program and is committed to working collaboratively to meet the responsibilities specified in this MOU in order to ensure the Program's success. VII. Modifications to the MOU Consistent with the group's responsibility to implement the Program, this MOU may be amended only by written agreement signed by each of the group members. VIII. Signatures The Learning Alliance Indian River County Signature/Date Signature/Date Debra Arseneaux, TLA Program Manager Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Signature/Date /Deputy Clerk Approved: Signature/Date Jason E. Brown, County Administrator Approved as to form and legal sufficientcy: Signature/Date William K. Debraal, Deputy County Attorney 71 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., P.E., Public Works Director James Ennis, P.E., Assistant Public Works Director FROM: Richard Reichenbach, P.E., Project Engineer SUBJECT: Easement and Agreement for FPL Underground Distribution Facilities for Moorhen Marsh Low Energy Aquatic Plant Systems (LEAPS) Headworks Structure DATE: May 3, 2022 DESCRIPTION AND CONDITIONS On June 8, 2021 Indian River County Commissioners awarded bid number 2021038 to Allen Concrete & Masonry, Inc. in the Amount of $10,987,684.90 for the construction of the Moorhen Marsh Low Energy Aquatic Plant Systems (LEAPS), located at 6250 53rd Street, Vero Beach FL, 32967. The facility is Indian River County's sixth regional pollution control system designed to protect the Indian River Lagoon from excessive nutrient discharges from the Indian River Farms Water Control District's canal system. During coordination with Florida Power & Light (FPL) for securing the site's secondary electrical service for the Moorhen Marsh LEAPS facility pole barn it was determined that it is necessary to install an underground electrical service from the 53rd Street right-of-way to the required location for the electrical service. In order for FPL to install the electric facilities and perform work on county property necessary to provide electrical service, the County must provide FPL with an underground easement, enter into an Underground Distribution Facilities Installment Agreement, and contribute $4,544.99 towards the construction to cover the differential cost between an underground and an overhead system. An FPL credit of $1,106.00 is to be applied to Indian River County for trenching, backfilling, installation of conduit and other work as shown in the FPL exhibits thus resulting in a net payment of $3,438.99. FUNDING Funding is budget and available in: Description Account Number I Amount Optional Sales Tax/Publix Works/Moorhen Marsh -PC North 1 31524338-066510-16018 1 $3,438.99 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Underground Distribution Facilities Installment Agreement, the Underground Easement, and the Notice of FPL Facilities (Form 360) and authorize the Chairman to execute all. LIST OF ATTACHMENTS: 1. FPL Underground Distribution Facilities Installment Agreement 2. FPL Underground Easement (Business) 3. Notice of FPL Facilities (Form 360) 4. FPL Design for Underground, Overhead Feeder Service APPROVED AGENDA ITEM FOR May 17,202 72 UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT This Agreement, made this 11 day of APRIL, 2022 by and between TOM GRANIMS (hereinafter called the Customer) and Florida Power & Light Company, a corporation organized and existing under the laws of the State of Florida (hereinafter called FPL). WITNESSETH: Whereas, the Customer has applied to FPL for underground distribution facilities to be installed on Customer's property known as 6520 53RD ST located in VERO BEACH, Florida. (City/County) That for and in consideration of the covenants and agreements herein set forth, the parties hereto covenant and agree as follows: 1. The Customer shall pay FPL a Contribution in Aid of Construction of $4,544.99 (the total Contribution) to cover the differential cost between an underground and an overhead system This is based on the currently effective tariff filed with the Florida Public Service Commission by FPL and is more particularly described on Exhibit A attached hereto. 2. That a credit of $1,106.00 shall be provided to the Customer for trenching, backfilling, installation of Company provided conduit and other work, as shown on Exhibit B, if applicable, and approved by FPL. If such credit applies, the resulting Contribution cash payment shall be $3438.99. 3. The contribution and credit are subject to adjustment when FPL's tariff is revised by the Florida Public Service Commission and the Customer has requested FPL to delay FPL's scheduled date of installation. Any additional costs caused by a Customer's change in the Customer's plans submitted to FPL on which the contribution was based shall be paid for by the Customer. The contribution does not include the cost of conversion of any existing overhead lines to underground or the relocation of any existing overhead or underground facilities to serve the property identified above. 4. That the Contribution provides for 120/240 volt, 1 phase (120/240 volt, single phase for URD Subdivisions) underground electrical service with facilities located on private property in easements as required by FPL. The Contribution is based on employment of rapid production techniques and cooperation to eliminate conflicts with other utilities. Underground service, secondary, and primary conductors are to be of standard FPL design, in conduit, and with above -grade appurtenances. 5. That the payment of the Contribution does not waive any provisions of FPL's Electric Tariff. If the property is subject to an underground ordinance, FPL shall notify the appropriate governmental agency that satisfactory arrangements have been made with the Customer as specified by FPL. Title to and ownership of the facilities installed as a result of this agreement shall at all times remain the property of FPL. 6. That good and sufficient easements, including legal descriptions and survey work to produce such easements, and mortgage subordinations required by FPL for the installation and maintenance of its electric distribution facilities must be granted or obtained, and recorded, at no cost to FPL, prior to trenching, installation and/or construction of FPL facilities. FPL may require mortgage subordinations when the Customer's property, on which FPL will install its facilities, is mortgaged and (1) there are no provisions in the mortgage that the lien of the mortgage will be subordinate to utility easements, (2) FPL's easement has not been recorded prior to the recordation of the mortgage, (3) FPL's facilities are or will be used to serve other parcels of property, or (4) other circumstances exist which FPL determines would make such a subordination necessary. a) The Customer shall furnish FPL a copy of the deed or other suitable document which contains a full legal description and exact name of the legal owner to be used when an easement is prepared, as required by FPL. b) The Customer shall furnish drawings, satisfactory to FPL, showing the location of existing and proposed structures on the Customer's construction site, as required by FPL. c) Should for any reason, except for the sole error of FPL, FPL's facilities not be constructed within the easement, FPL may require the Customer to grant new easements and obtain any necessary mortgage subordinations to cover FPL's installed facilities, and FPL will release the existing easement. Mortgage subordinations will be necessary in this context when 1) the Customer's property on which FPL will install its facilities is mortgaged, 2) there are no provisions in the mortgage for subordination of the lien of the mortgage to utility easements, or 3) FPL's facilities are or will be used to serve other parcels of property. 7. Before FPL can begin its engineering work on the underground electric distribution facilities, the Customer shall provide FPI-with the following a) Paving, grading, and drainage plans showing all surface and sub -surface drainage satisfactory to FPL, b) A construction schedule, c) An estimate of when electric service will be required, and d) Copies of the Customer's final construction plans as well as other construction drawings (plot, site, sewage, electrical, etc.) requested by FPL. Plats provided by the Customer must be either recorded by the circuit clerk or other recording officer or prepared and certified as meeting the requirements for recording (except approval by the governing body) by a registered land surveyor. 8. Prior to FPL construction pursuant to this agreement, the Customer shall: a) Clear the FPL easement on the Customer's property of tree stumps, all trees, and other obstructions that conflict with construction, including the drainage of all flooded areas. The Customer shall be responsible for clearing, compacting, boulder and large rock removal, stump removal, paving and addressing other special conditions. The easement shall be graded to within six inches of final grade with soil stabilized. b) Provide property line and comer stakes, designated by a licensed surveyor, to establish a reference for locating the underground cable trench route in the easement and additional reference points when required by FPL. Also, the Customer shall provide stakes identifying the location, depth, size and type facility of all non -FPL underground facilities within or near the easement where FPL distribution facilities will be installed. The Customer shall maintain these stakes, and if any of these stakes are lost, destroyed or moved and FPL requires their use, the Customer shall replace the stakes at no cost to FPL, unless the stakes are lost, destroyed or moved by an agent, employee, contractor or subcontractor of FPL, in which case FPL will pay the Customer the cost of replacing the stakes. 73 1 OF 2 c) It is further understood and agreed that subsequent relocation or repair of the FPL system, once installed, will be paid by the Customer if said relocation or repair is a result of a change in the grading by the Customer or any of the Customer's contractors or subcontractors from the time the underground facilities were installed; and, that subsequent repair to FPL's system, once installed, will be paid by the Customer if said repair is a result of damage caused by the Customer or any of the Customers contractors or subcontractors. d) Provide sufficient and timely advance notice (LO days) as required by FPL, for FPL to install its underground distribution facilities prior to the installation of paving, landscaping, sodding, sprinkler systems, or other surface obstructions. In the absence of sufficient coordination, as determined by FPL, by the Customer, all additional costs for trenching and backfilling shall be paid by the Customer, and none of the costs of restoring paving, landscaping, grass, sprinkler systems and all other surface obstructions to their original condition, should they be installed prior to FPL's facilities, shall be bome by FPL. e) Pay for all additional costs incurred by FPL which may include, but are not limited to, engineering design, administration and relocation expenses, due to changes made subsequent to this agreement on the subdivision or development layout or grade. f) Provide applicable trenching, backfilling, installation of Company provided conduit and other work in accordance with FPL specifications more particularly described on Exhibit B attached hereto. At the discretion of FPL, either correct any discrepancies, within two (2) working days, found in the installation that are inconsistent with the instructions and specifications attached to this agreement or pay the associated cost to correct the installation within thirty (30) days of receiving the associated bill, and in either case, reimburse FPL for costs associated with lost crew time due to such discrepancies. 9. FPL shall: a) Provide the Customer with a plan showing the location of all FPL underground facilities, point of delivery, and transformer locations and specifications required by FPL and to be adhered to by the Customer. b) Install, own, and maintain the electric distribution facilities up to the designated point of delivery except when otherwise noted. c) Request the Customer to participate in a pre -construction conference with the Customer's contractors, the FPL representatives and other utilities within six (6) weeks of the start of construction. At the pre -construction conference, FPL shall provide the Customer with an estimate of the date when service may be provided. 10. This Agreement is subject to FPL's Electric Tariff, including but not limited to the General Rules and Regulations for Electric Service and the Rules of the Florida Public Service Commission, as they are now written, or as they may be revised, amended or supplemented. 11. This agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Customer and FPL. The Customer and FPL will coordinate closely in fulfilling obligations in order to avoid delays in providing permanent electric service at the time of the Customer's receipt of a certificate of occupancy. Accepted: Accepted: For FPL (Date) Customer (Date) Witness (Date) Witness (Date) 2OF2 74 Work Request No. 11265212 Sec._, Twp _ S, Rge _ E Parcel I.D. (Maintained by County Appraiser) EASEMENT (INDIVIDUAL) This Instrument Prepared By Name: Co. Name: _ Address: 652053 R1 ST VERO BEACH The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its affiliates, licensees, agents, successors, and assigns ('FPL"), a non- exclusive easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: See Exhibit "A" ('Easement Area") Together with the right to permit any other person, firm, or corporation to attach wires to any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on Signed, sealed and delivered in the presence of: By: (Witness' Signature) Print Name: i ness i ness Signature) Print Name: STATE OF this day (Type of Identification) My Commission Expires: (Witness) Print Name: Print Address: By: - Print Name: Print Address: 20_. AND COUNTY OF . The foregoing instrument was acknowledged before me of 20_1 by I and who is (are) personally known to me or has (have) produced as identification, and who did (did not) take an oath. Notary Public, Signature Print Name 75 Sketch and Legal Description for: INDIAN RIVER COUNTY Legal Description (F.P.L. Easement) BEING A STRIP OF LAND LYING IN TRACT 13, SECTION 17, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY (NOW INDIAN RIVER, COUNTY), FLORIDA. SAID STRIP ALSO LYING AND BEING IN A PORTION OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 3025, PAGE 2176, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID STRIP BEING 10.00 FEET IN WIDTH AND LYING 5.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 17; THENCE SOUTH 89°45'18" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 17, A DISTANCE OF 637,90 FEET; THENCE DEPARTING SAID SOUTH LINE, NORTH 00°14'42" WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE, A DISTANCE OF 80.00 FEET TO A POINT IN THE NORTH RIGHT OF WAY LINE OF 53rd STREET (KINGSBERRY ROAD), AS RECORDED IN OFFICIAL RECORD BOOK 2377, PAGE 1522, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CENTERLINE: THENCE CONTINUE ALONG SAID CENTERLINE; NORTH 15°11'57" WEST, A DISTANCE OF 110.49 FEET; THENCE NORTH 00°00'53" WEST, A DISTANCE OF 31.15 FEET TO THE POINT OF TERMINATION OF SAID CENTERLINE. SAID POINT LYING 5.0 FEET NORTH OF A PROPOSED TRANSFORMER. THE SIDELINES OF SAID STRIP SHALL BE SHORTENED OR LENGTHENED TO INTERSECT AT ANGLE POINTS. CONTAINING 0.10 ACRES, (4,249 SQUARE FEET), MORE OR LESS Surveyor's Notes 1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY PREPARED BY INDIAN RIVER COUNTY, SURVEY SECTION, PROJECT NO. 1714, DATED APRIL 04, 2017. 2). THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS: ' (A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS, WITH SHEET 2 SHOWING THE SKETCH OF DESCRIPTION. (B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 3). THE BEARINGS SHOWN HEREON ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983, 2011 ADJUSTMENT, AND PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE. DERIVING A GRID BEARING OF SOUTH 89°45'18" WEST ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 SECTION 17, TOWNSHIP 32 SOUTH, RANGE 39 EAST. AND ALL OTHERS ARE RELATIVE THERETO. 4. THE PROPOSED UTILITY POLE, TRANSFORMER AND THE LOCATION OF THIS EASEMENT AS SHOWN ON SHEET 2, WAS REFERENCED INTO THE DRAWING FROM AN AUTOCAD FILE PREPARED BY TREASURE COAST ENGINEERING, ON THE DATE OF AUGUST 27, 2021. Legend and Abbreviations F.E.C.R.W. = FLORIDA EAST COAST RAIL WAY F.P.L. = FLORIDA POWER & LIGHT I.R.F.W.C.D.= INDIAN RIVER FARMS WATER CONTROL DISTRICT O.R.B = OFFICIAL RECORD BOOK P.B. =PLAT BOOK P.B.S.= PLAT BOOK ST. LUCIE PG. =PAGE R = RADIUS E = PROPERTY LINE This is not a Boundary Su Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA BOARD' OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA 1',r MINISTRATIVF CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STATT�-� r L(-2 --- -FDZ2 DATE OF SIGNATURE DAVID M. SILON PROFESSiONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 6139 AGENCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT. ENGINEERING DIV. DATE: DRAWN BY: R. INGLETT 04/22/2022 SCALE: N/A APPROVED BY: D. SILON SHEET:1 OF 2 JOB NO: IRC -2107 Sketch and Legal Description for: INDIAN RIVER COUNTY (F.P.L. Easement) 76 Sketch and Legal Description for: INDIAN RIVER COUNTY 32-39-17-00001-0130-00002.1 INDIAN RIVER COUNTY Point Of SITE ADDRESS: 53rd STREET O.R.B. 3025, PG 2176 (0 18 19 Termination N 10' WIDE EASEMENT LYING 5' NORTH OF Section 17, PROPOSED TRANSFORMER X71 Township 32 South, PROPOSE o� Range 39 East TRANSFORMER W 0 o TRACT 13 ,N_w� (PB 2, PGE 25) Not to Scale 10' S Z J �L. Point of ��ginning 10' MADE EASEMENT NORTH RIGHT—OF—WAY LINE PROPOSED-�, O OD 4j ' I UTILITY POLE 0 o oda U') I }I Q I ; O O V) fin' Z 6 2 ;W I Z 53rd Street 1 7(Kingsberry Road) '!� S89'45'18"W — 637.90' ;/ SOUTH LINE OF THE SOUTHWEST ONE QUARTER SECTION 17, 20 TOWNSHIP 32 SOUTH, RANGE 39 EAST AND TRACT 13 Point of t;ommencement SOUTHWEST CORNER SECTION 17, TOWNSHIP 32 SOUTH, RANGE 39 EAST This is not a Boundary Survey AGENCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT. ENGINEERING DIV. DATE: DRAWN BY: R. INGLETT 04/22/2022 SCALE: N/A APPROVED BY: D. SILON I SHEET:2 OF 21JOB N0: IRC -2107 W f�Tl r N I Oo>� 70,> W M z V N p 00 > 0 cD 41 wml v o N o C" c w Iv (1, m 0 N d 0 0 41 Im-o r x to 0 M -1 ry mmb -I Z 30' I.R.F. CO. SO. PBS 2, PG 25— SLC, FLA. ROAD R/W 30' I.R.F. CO. SO. —PBS 2, PG 25 SLC, FLA. ROAD R/W Sketch and Legal Description for: INDIAN RIVER COUNTY (F.P.L. Easement) 77 0 FPL" NOTIFICATION OF FPL FACILITIES Customer/Agency Date of Meeting/Contact: Developer/Contractor Name Project Number/Name: Location of Project City: FPL Representative Phone: Developer/Contractor Representative FPL Work Request #/Work Order #: 11265212 FPL calls your attention to the fact that there may be energized, high voltage electric lines, both overhead and underground, located in the area of this project. It is imperative that you visually survey the area and that you also take the necessary steps to identify all overhead and underground facilities prior to commencing construction to determine whether the construction of any proposed improvements will bring any person, tool, machinery, equipment or object closer to FPus power lines than the OSHA -prescribed limits. If it will, you must either re -design your project to allow it to be built safely given the pre-existing power line location, or make arrangements with FPL to either deenergize and ground our facilities, or relocate them, possibly at your expense. You must do this before allowing any construction near the power lines. It is impossible for FPL to know or predict whether or not the contractors or subcontractors, and their employees, will operate or use cranes, digging apparatus or other mobile equipment, or handle materials or tools, in dangerous proximity to such power lines during the course of construction, and, if so, when and where. Therefore, if it becomes necessary for any contractor or subcontractor, or their employees, to operate or handle cranes, digging apparatus, draglines, mobile equipment, or any other equipment, tools or materials in such a manner that they might come closer to underground or overhead power lines than is permitted by local, state or federal regulations, you and any such contractor or subcontractor must notify FPL in writing of such planned operation prior to the commencement thereof and make all necessary arrangements with FPL in order to carry out the work in a safe manner. Any work in the vicinity of the electric lines should be suspended until these arrangements are finalized and implemented. The National Electrical Safety Code ("NESC") prescribes minimum clearances that must be maintained. If you build your structure so that those clearances cannot be maintained, you may be required to compensate FPL for the relocation of our facilities to comply with those clearances. As such, you should contact FPL prior to commencing construction near pre-existing underground or overhead power lines to make sure that your proposed improvement does not impinge upon the NESC clearances. It is your responsibility and the responsibility of your contractors and subcontractors on this project to diligently fulfill the following obligations: 1. Make absolutely certain that all persons responsible for operating or handling cranes, digging apparatus, draglines, mobile equipment or any equipment, tool, or material capable of contacting a power line, are in compliance with all applicable state and federal regulations, including but not limited to U.S. Department of Labor OSHA Regulations, while performing their work. 2. Make sure that all cranes, digging apparatus, draglines, mobile equipment, and all other equipment or materials capable of contacting a power line have attached to them any warning signs required by U.S. Department of Labor OSHA Regulations. 3. Post and maintain proper warning signs and advise all employees, new and old alike, of their obligation to keep themselves, their tools, materials and equipment away from power lines per the following OSHA minimum approach distances (refer to OSHA regulations for restrictions): *Power Line Voltages **Personnel and Equipment Cranes and Derricks Travel under or near Power Lines (on construction sites, no load) (29 CFR 1910.333 and 1926.600) (29 CFR 1926.1407, 1408) (29 CFR 1926.600— Equipment) (1926.1411— Cranes and Derricks) 0 - 750 volts 10 Feet 10 Feet 4 Feet 4 Feet 751 - 50,000 volts 10 Feet 10 Feet 4 Feet 6 Feet 69,000 volts 11 Feet 15 Feet 10 Feet 10 Feet 115,000 volts 13 Feet 15 Feet 10 Feet 10 Feet 138,000 volts 13 Feet 15 Feet 10 Feet 10 Feet 230,000 volts 16 Feet 20 Feet 10 Feet 10 Feet 500,000 volts 25 Feet 25 Feet 16 Feet 16 Feet *When uncertain of the voltage, maintain a distance of 20 feet for voltages up to 350,000 volts and 50 feet for voltages greater than 350,000 volts. For personnel approaching insulated secondary conductors less than 750 volts, avoid contact (Maintain 10 Feet to bare energized conductors less than 750 volts). For qualified personnel and insulated aerial lift equipment meeting requirements of 29 CFR 1910.333, distances may be reduced to those shown in 29 CFR 1910.333 Table S-5. 4. All excavators are required to contact the Sunshine State One Call of Florida, phone number 1-800-432-4770 or 811 a minimum of two working days (excluding weekends) in advance of commencement of excavation to ensure facilities are located accurately. 5. Conduct all locations and excavations in accordance with the Florida Statute 556 of the Underground Facilities Damage Prevention & Safety Act and all local city and county ordinances that may apply. 6. When an excavation is to take place within a tolerance zone, an excavator shall use increased caution to protect underground facilities. The protection requires hand digging, pot holing, soft digging, vacuum methods, or similar procedures to identify underground facilities. A copy of this notification must be provided by you to each contractor and subcontractor on this project, to be shared with their supervision and employees prior to commencing work on this project. Means by which this notification was provided to customer and/or contractor Address FPL Representative Signature Date Customer/Developer/Contractor Representative Signature Date 78 Form 360 Rev. 1/09/12 Cover Sheet: WR#0 Page 1 Of 2 [ ] INACCESSIBLE [X] 13KV [ ] FUTURE 23KV B251NST 6-5494-8306-1-1 B Radial-3 NO Mm + B Radial-2 Z U 2 C r (n W N IL ° xz lU Y`1.2 N r Q 2 o e m t _2_IJSF 32 1 Ts.. _Q — — _ _ _ _ _ �. 971-J 4 12 IS J NST 184' �N{512 J INST 192' B10 KS , a1-1 I B 51(1201240V) INST N-ST24i B#2 ACSR 13.2KV #1/0 T-N 6-5494-8302-1-2 6.5494-8302.0.4 45121NST E�m1/0 T ! 513 2005 J RM---i512-"- - B15 r 2015) �-�- 4514 1995 J RM :X `Z �a i -- __ -_ _- __ BOM FW-- Easement? [ ] Tree Work? (] Tree Access? [ ] Tree Staking pDesigner/Stake? [ ] CT/Special Mtr? [ ] Work with SMO? [ ] Survey/Stake POLE LINE FT: POLE LINE FT. ON TRANSM. POLES: TRENCH FT'. DUCT BANK ZE ODAY. PERMIT REQ'D CITY [I COUNTY RD [ ] COUNTY AIR [ ] STATE RD [ ] FAA [ ] N c7 V WMD [ ] RR XING [ ] DR. DIST. [ ] TRANSM. [ ] Requested Tel. Co. Set Poles? [ ] Requested Tel. Co. Transfer? [ ] Request CATV Transfer N rK M O J 0 m W H- Z_ ry d Z 0 W W a 0 FEEDERS: I GIFFORD 12063 L/iV Z OOAY 6520 53RD ST, VERO BEACH (PL BARN) TLN: 6-5494-8306-1-1 LOC 1: INST 2" PRI RISER DOWN PL [X] INA( SPAN 1-2: PULL 1/0 PRI THROUGH CUST INST 2" PVC LOC 2: SET 25KVA B PH PMTX LOW STYLE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -0- - - - - - - - - - - - 45/22 J INST 184' Q45/2 J INST B#2 ACSR 13.2KV #1/0 T -N • V a- N M V o a u7 - 0 N AS -BUILT CREW PRINT AS -BUILT COPY N O N Foreman's Signature Date Initials Cert. Date O Job CERTIFIED COMPLETED as shown on this AS -BUILT pant. Material changes shown on ROS. W U-1 Supervisor's Signature Date 0 ~All required ground rods have been driven & verified to be within FPL standards. Values are shown at all locations. 0 J D_ Foreman's Signature Date Easement? [ ] Tree Work? [ ] Tree Access? ( ] Designer/Stake? [ ] CT/Special Mtr? [ ] Work with SMO? [ ] POLE LINE FT: POLE LINE FT. ON TRANSM. POLES: TRENCH FT: CITY [ ] COUNTY RD [ ] COUNTY AIR [ ] STATE RD [ ] PERMIT REO'D WMD [ ] RR XING [ ] DR. DIST, [ ] TRANSM. [ ] Requested Tel. Co. Set Poles? [ ] Requested Tel. Co. Transfer? [ ] Tree Staking Survey/Stake DUCTBANK FAA [ ] Request CATV Transfer Cover Sheet: WR#1 Page 1 Of 2 [ ] INACCESSIBLE [X] 13KV [ ] FUTURE 23KV z I i i f i i 0 U) w 1 — — - — — — — — — — - -- - - - — 184_ �— 511 J INST 610 KS Ra11ia1-1 NO I 625 (1201240Y) INST B#2 ACSR 132K #1/0 T-N 6.5494.6302-1-2 6.5494-8302-0-4 45/2 INST • 1/0 45/3 2005 J RM- _.. - 45/2 2015.J...__.�� 4514 1995 J RM �X Z HEasement? QDesigner/Stake? [ ] Tree Work? [ ] Tree Access? [ ] Tree Staking Req', [ ] CT/Special Mtr? [ ] Work with SMO? [ ] Survey/Stake? [ ] POLE LINE FT: POLE LINE FT. ON TRANSM. POLES: TRENCH FT: DUCT BANK FT: �/• --��117 CITY [ J COUNTY RD [ ] COUNTY AIR [ ] STATE RD [) FAA [ ] dN M VVVAA!! PERMIT REQ'D WMD [ ] RR XING [ ] DR. DIST. [ ] TRANSM. [ ] Requested Tel. Co. Set Poles? [ ] Requested Tel. Co. Transfer? [ ] Request CATV Transfer? ( ] X N DO a U } m 0 W z Of n- z 0 W ry FEEDERS: GIFFORD 12063 [ ] INA( TOQA► 6520 53RD ST, VERO BEACH (POLE BARN) TLN: 6-5494-8302-1-2 LOC 1: INST 45/2 PL 20FT W OF EXISTING PL W/ 1 PH -TAN -Mod Ver -PTB -Post Tie -E-5.1.0 F1 INST A 10KS OH FS --------.------------------------------------------- 45//2 I ST 184' 045/2 J INST 13#2 ACSR 13.2KV #1/0 T -N 45/3 2005 J RM 45/2 2015 J W Q 0 O Lp U N — O O N AS -BUILT CREW PRINT N O N AS -BUILT COPY Foreman's Signature Date I Initials Cert. Date O Job CERTIFIED COMPLETED as shown on this AS -BUILT print. Material ROS. Easement? [ ] Tree Work? [ J Tree Access? [ ] Tree Staking Req' W changes shown on DesignedSlake? [ CT/Special Mtr? [ ] Work with SMO? [ ] o SurveylStake. [ ] 2 _ POLE LINE FT: POLE LINE FT. ON TRANSM. POLES: TRENCH FT: DUCT BANK FT: tH ~ Supervisor's Signature Date All required ground rods have been driven & verified to be within FPL � standards. Values are shown at all locations. PERMIT REO'D CITY [ ] COUNTY RD [ ] COUNTY AIR [ ] STATE RD [ ] FAA [ ] ~ 0 WMD [ ] RR XING (] DR. DIST. (j TRANSM. [ ] J d Foreman's Signature Date Requested Tel. Co. Set Poles? [ ] Requested Tel. Co. Transfer? [ ] Request CATV Transfer? [ ] INDIAN RIVER COUNTY, FLORIDA p -� MEMORANDUM O J TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., Assistant Public Works Director FROM: Mark Winslow, P.E., Project Engineer SUBJECT: Amendment No. 2 to Work Order No. 27 — Kimley Horn and Associates, Inc. Dick Bird Park Pickleball Complex, IRC -2204 DATE: May 6, 2022 DESCRIPTION AND CONDITIONS On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Kimley-Horn and Associates, Inc. On May 14, 2019, the Board of County Commissioners passed a motion to reallocate $50,000 from FY 21- 22 to FY 19-20 in the Capital Improvement Element (CIE). On November 5, 2019, the Board of County Commissioners approved Work Order No. 27 to Kimley-Horn and Associates, Inc., to provide for project program and analysis, site planning, construction documents, permitting, and an engineer's opinion of probable cost for a pickleball court facility at Richard N. "Dick" Bird Park for a lump sum amount of $50,000. Amendment No. 1 to Work Order No. 27 in the amount of $3,800 provided for fees necessary to prepare staff requested changes to the erosion control and demolition plan, site plan, paving and grading plan and the landscape and irrigation plan in order to ensure that the pickleball court complex would not encroach on designated scrub jay habitat. Amendment No. 1 increased Work Order No. 27 to $53,800. Amendment No. 2 to Work Order No. 27 provides fees for changes to the site plan and paving and grading plan in the amount of $20,200. Work under this amendment will also include additional drainage calculations required to obtain the St. Johns River Water Management District permit, and a revised engineer's opinion of probable cost. This will bring the total of Work Order No. 27 to $74,000. Upon completion of the tasks detailed in this amendment and receipt of the requested changes, staff will commence the preparation and solicitation of the construction bids for this project. FUNDING Funding for Amendment No. 2 to Work Order No. 27 in the amount of $20,200 is budgeted and available in the Impact Fees/Parks/Pickleball Complex South County Park, Account number 10321072-066510- 20002. This project is included in the 5 Year Capital Improvements Program and the Capital Improvements RE Element of the Comprehensive Plan for the Period FY 2021/22-2025/26 which was amended on December 14, 2021. Description: Account Number: Amount: Impact Fee/Parks/Pickleball Complex South County Park 1 10321072-066510-20002 1 $20,200 RECOMMENDATION Staff recommends approval of Amendment No. 2 to Work Order No. 27, with Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in Exhibit B in the amount of $20,200 and requests the Board of County Commissioners authorize the Chairman to execute Amendment No. 2, Work Order No. 27. ATTACHMENTS Amendment No. 2 to Work Order No. 27, Kimley-Horn and Associates, Inc. AGENDA ITEM FOR MAY 17, 2022 INDIAN RIVER COUNTY Dick Bird Park Pickleball Complex Work Order No. 27 AMENDMENT NO, 2 TO THE PROFESSIONAL ENGINEERING/LAND SURVEYING SERVICES AGREEMENT BETWEEN KIMLEY-HORN AND ASSOCIATES, INC. AND INDIAN RIVER COUNTY, FLORIDA. This is an amendment to the existing Engineering/Land Surveying Services Agreement (AGREEMENT) dated May 6, 2022 between Kimley-Horn and Associates, Inc. (ENGINEER) and Indian River County (COUNTY), This amendment addresses changes in "Exhibit A — Scope of Work", "Exhibit B — Fee Schedule" of the AGREEMENT. Amendment Description Based on the request of the COUNTY the ENGINEER prepared plans for Pickleball Courts. The original scope did not provide any design for the existing tennis courts. This is referenced below as Pickleball Only Design. The COUNTY has requested that the ENGINEER modify the previously prepared Pickleball Only Design plans to incorporate modifications to the existing tennis courts. This is referenced below as the Pickleball/Tennis Court Design. This amendment consists of work requested by the COUNTY of the ENGINEER out of the original scope for both the Pickleball Only Design and the Pickleball/Tennis Court Design. "Exhibit A — Scope of Work" is being modified to incorporate the following: Picklebali/Tennis Court Design Task 1- Subsurface Utility Exploration (SUE) ENGINEER will solicit the assistance of a sub -consultant to prepare SUE in a limited area of approximately 0.75 acres. The area will be limited to the location of the proposed Pickleball Courts and limited area around the existing tennis courts. The SUE will be prepared in accordance with the State of Florida Standards of Practice Chapter 5J-17, Florida Administrative Code, as set forth by the Board of Professional Surveyors and Mappers, pursuant to Section 472.027, Florida Statues. The proposed scope will consist of the following: • Subsurface Utility Scan and Markout • Survey Location and Mapping of Subsurface Scan The locates will be provided to the ENGINEER by the sub -consultant in CAD format. As part of Page 1 of 6 85 Amendment No. 2 — Dick Bird Park this task, ENGINEER will review the information provided by the sub -consultant and bring the CAD linework from the sub -consultant into the ENGINEER's existing conditions base file. Task 2 — Preparation of Modified Site Plan and Civil Plans The ENGINEER understands that the COUNTY desires to modify the proposed site plan to incorporate the removal and replacement of the existing tennis courts directly south of the proposed pickleball courts. This task consists of the effort to address the COUNTY comments dated 4/12/22 for the modified plan (with the exception of providing a lighting/photometrics plan and technical specifications). Effort to address the comments outside of the modified plan will be provided under the previous workorder. This task consists of the effort for the ENGINEER to prepare a modified Site Plan to submit for review and approval to the COUNTY. The ENGINEER will update the Site Plan up to one (1) time based on COUNTY comments. Once the COUNTY has approved the modified Site Plan, the ENGINEER will modify the following sheets: • Erosion Control and Demolition Plan • Paving and Grading Plan • Utility Plan • Detail Sheets • Cross Sections o One additional cross section (per IRC Engineering comment letter 4/12/22) o Updates to three existing cross sections to reflect the Pickleball/Tennis Court Design This task does not include effort to make modifications to the Site Plan after the COUNTY has agreed to the plan prepared as part of this task, these modifications can be provided as an additional service. All technical specifications will be provided on the plans, and no separate technical specifications document will be provided. This task also consists of the effort to update the plans up to one (1) time based on comments generated from Task 5. This task consists of the preparation of an Opinion of Probable Cost (OPC) at the 90% plan submittal. This task does not include any revisions to the OPC. Task 3 — Permitting Assistance This task consists of items requested by SJRWMD during the review of the Pickleball Only Design Plan application for a modification to the existing Environmental Resource Permit. Page 2 of 6 86 Amendment No. 2 — Dick Bird Park Originally, the task assumed that a simple letter modification would be required. However, SJRWMD requested additional information noted below: • Full Drainage Report • ICPR4 Modeling • Analyzation of LIDAR information • Recovery Analysis for proposed swale • Design swale to provide treatment volume • Drainage Basin Maps • One cross section This task consists of the effort for the ENGINEER to produce the items above requested by SJRWMD and submit. This task also consists of the response to up to two (2) informal rounds of comments from SJRWMD. This task consists of the effort required to prepare applications and supporting documentation for specific permit reviews anticipated for the proposed modifications. It is our understanding that the modifications to the tennis courts will require SJRWMD and Indian River County (IRC) Community Development Department approvals. ENGINEER will prepare applications and supporting documentation for the following permit applications: • Indian River County Administrative Approval Revision • SJRWMD Letter Modification Due to the nature of the work, ENGINEEER will respond to up to one (1) round of comments from the permitting jurisdictions above as part of this task. Task 4 — 90% Submittal/Review ENGINEER will submit to the COUNTY 90% completed plans for COUNTY review. As part of this task, ENGINEER will address up to one (1) round of comments from the COUNTY. Once comments are addressed, the ENGINEER will provide the COUNTY with a 100% set of plans. ENGINEER will produce FOR CONSTRUCTION plans stamped that the COUNTY could issue to the Contractor. EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay and the ENGINEER agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee Page 3 of 6 87 Amendment No. 2 — Dick Bird Park The basic compensation mutually agreed upon by the ENGINEER and the COUNTY is as follows: Lump Sum Task Task 1—Subsurface Utility Exploration Task 2 — Preparation of Modified Site Plan and Civil Plans Task 3 — Permitting Assistance Task 4 — 90% Submittal/Review TOTAL (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Labor Fee $ 3,000 $ 9,000 $6,200 $ 2,000 $20,200 Page 4 of 6 88 Amendment No. 2 — Dick Bird Park EXHIBIT C—TIME SCHEDULE Upon authorization to proceed by the COUNTY, the services identified above are anticipated to be completed based on a mutually agreeable timeline between the COUNTY and the ENGINEER. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 5 of 6 89 Amendment No. 2 — Dick Bird Park The AGREEMENT is hereby amended as specifically set forth herein. All other sections of the AGREEMENT shall remain in full force and effect and are incorporated herein. This Amendment No. 2 to the AGREEMENT regardless of where executed, shall be governed by and construed by the laws of the State of Florida. In witness whereof the parties have executed this Amendment this day of , 2022. CONSULTANT: KIMLEY-HORN AND ASSOCIATES, INC. By: Title: Principal By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Peter O'Bryan, 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 Administrator Dylan T. Reingold, County Attorney Page 6 of 6 90 INDIAN RIVER COUNTY, FLORIDA g, AGENDA ITEM Assistant County Administrator / OR Department of General Services Parks and Recreation Date: May 09, 2022 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator Subject: Approval of Revised Agreement for Use of Facilities with Indian River County and the School Board of Indian River County BACKGROUND In order to provide our residents and students with ample recreational and scholastic sports opportunities, Indian River County and the School Board of Indian River County desire to enter into an agreement for the mutual use of facilities. The Agreement for the Use of Facilities will codify past practices and establish guidelines for mutually beneficial field and facility use for programs delivered by the Indian River County Parks & Recreation Division and the School Board of Indian River County. The term for this agreement is three years and may be extended by mutual agreement of the parties. Through this agreement, the School Board of Indian River County will have coordinated access to the North County Aquatic Center for swim team practice and swimming meets, and the use of the Fran B. Adams Park baseball/softball fields for practices and games. The Indian River County Parks & Recreation Division will have coordinated access to the Sebastian High School, Sebastian River Middle School, and Oslo Middle School for recreational programs. There are no fees to either party for use of the facilities listed above with the limited exception of a $20 charge per hour for lighted baseball fields. In the attached agreement, both parties assume responsibility for damages caused above normal wear and tear. Exempted from this agreement is the Indian River County Fairgrounds and Intergenerational Center. On September 14, 2021, the Board of County Commission approved a previously submitted agreement. That agreement was never finalized by the School District of Indian River County. Additional language was added and this revised agreement signed by the School Board is coming before the Board for approval and Chairman's signature. RECOMMENDATION: Staff respectfully recommends the Indian River County Board of County Commissioners accept the agreement for Use of Facilities between the School Board of Indian River County and Indian River County, and authorize the Chairman to execute the agreement after review by the County Attorney for legal sufficiency. ATTACHMENT: Agreement for Use of Facilities — School Board of Indian River County and Indian River County Approved for May 17, 2021 BCC Meetina 91 AGREEMENT FOR USE OF FACILITIES THIS AGREEME T FOR USE OF FACILITIES ("Agreement") is made and entered into this J -S4- day of 2022, , 2022, by and between the INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ("County"), and the SCHOOL BOARD OF INDIAN RIVER COUNTY ("School Board"). WITNESSETH: WHEREAS, County, on behalf of the Indian River County Parks and Recreation Department (the "Recreation Department"), and School Board desire to enter into this Agreement for School Board's use of certain County facilities and County's use of certain School Board facilities; and WHEREAS, County and School Board find that such an arrangement as set out herein is mutually beneficial. NOW, THEREFORE, in consideration of the mutual covenants and provisions hereof, and other good and valuable consideration, the receipt and sufficiency all of which are hereby acknowledged, the parties desire to be legally bound by the terms and conditions of this Agreement as follows: 1. Recitals. The foregoing recitals are hereby incorporated herein in their entirety by this reference. 2. Use of County Facilities. County shall allow the School Board to use the following: 2.1. The competition pool at North County Aquatic Center located at 9450 County Road 512, Sebastian, Florida 32958, for use for swimming practices and swimming meets. 2.2. The baseball fields and softball fields at Commissioner Fran B. Adams Park (formerly North County Park) located at 9450 County Road 512, Sebastian, Florida 32958, for use for baseball and softball practices and games. 2.3. The competition pool, baseball fields, and softball fields shall collectively be referred to herein as the "County Facilities." 2.4. County and School Board acknowledge that School Board will have priority use of the County Facilities during the school year. County and School Board also acknowledge that any requests made by School Board for use of the County Facilities submitted during the school year will be scheduled by County on an as -available basis. Page 1 of 7 92 3. Use of School Board Facilities. School Board shall allow the County to use the following: 3.1. Gymnasium facilities at Sebastian High School located at 9001 Shark Boulevard, Sebastian, Florida 32958 for use for recreation programs. 3.2. Gymnasium facilities at Sebastian River Middle School located at 9400 CR 512, Sebastian, Florida 32958 for use for recreational programs. 3.3. Gymnasium facilities at Oslo Middle School located at 480 20th Ave SW, Vero Beach, Florida 32962 for use for recreational programs. 3.4. The gymnasiums shall collectively be referred to herein as the "School Board Facilities." 3.5. County and School Board acknowledge that County will have priority use of the County Facilities during the County recreational program seasons. County and School Board also acknowledge that any requests made by County for use of the School Board Facilities submitted during the recreational program season will be scheduled by School Board on an as -available basis. 4. Cost of Rental. If and as availability allows, School Board will be permitted the use of the County Facilities and the County will be permitted the use of the School Board Facilities listed above during the school year and recreational program season, respectively, at no rental charge. School Board shall pay County a $20 per hour lighting fee for evening use of County Facilities, School Board will be notified in advance when a lighting fee will apply. Authorization of use, when lighting fee will apply, must receive prior approval from the Assistant Superintendent of Student Affairs, Advocacy and Access. Use of other County Facilities such as the Indian River County Intergenerational Recreation Center and the Indian River County Fairgrounds, and other School Board Facilities, will be subject to normal rental rates and reservation rules. 5. School Board Responsibilities. 5.1. School Board shall repair any damage to County Facilities and any County equipment used by School Board, other than normal wear and tear, that is incurred as a result of such use. 5.2. School Board shall provide any and all additional services and equipment necessary for its use of the County Facilities. 5.3. School Board shall be responsible for providing qualified supervision of all activities by persons acting in capacity as School Board employees. 5.4. School Board shall, at its own expense, obtain all necessary permits and licenses and pay all fees and taxes required to comply with all local ordinances and state and federal law, rules, and regulations applicable to its use of the County Facilities. Page 2 of 7 93 6. County Responsibilities. 6.1. County shall repair any damage to School Board Facilities and any School Board equipment used by County, other than normal wear and tear, that is incurred as a result of such use. 6.2. County shall provide any and all additional services and equipment necessary for its use of the School Board Facilities. 6.3. County shall be responsible for providing qualified supervision of all activities by persons acting in capacity as County Parks and Recreation employees. 6.4. County shall, at its own expense, obtain all necessary permits and licenses and pay all fees and taxes required to comply with all local ordinances and state and federal law, rules, and regulations applicable to its use of the School Board Facilities. 7. Term. This Agreement shall be effective 4ruraar , 2022 and shall continue for a period of three (3) years, through AAA a3 , 2025. Thi's' Agreement maybe extended by mutual agreement of the parties. 8. Termination. School Board and County reserve the right to terminate this Agreement at any time and for any reason, upon 90 days' prior written notice to the other party. 9. Insurance. 9.1. Commercial Insurance Program The School Board shall provide, prior to execution of the contract, the insurance required under this section for approval by the County. The School Board shall maintain the following limits of insurance during the term duration of this agreement. General Liability Each Occurrence $1,000,000 Property Damage -any one fire $50,000 Medical Expenses -any one person $5,000 Personal and Advertising Injury $500,000 General Aggregate $2,000,000 Sexual Abuse/Molestation $1,000,000 each occurrence Automobile Liability Combined Single Limit $1,000,000 Property insurance for the replacement value of property, buildings and contents owned by the School Board. Worker's Compensation as required by the State of Florida Each accident $100,000 Page 3 of 7 94 Each Disease — Each employee $100,000 Each disease — policy limit $500,000 The Worker's Compensation policy shall cover The School Board, all employees, volunteers, and/or contractual persons hired or retained by The School Board. All insurance policies shall be placed with insurers with a Best's rating of no less than A -VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be "Claims Made" policies or as generally available on the open insurance market. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to the execution of this Agreement, and shall provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel, terminate or revise coverage. 9.2. Self -Insured Program The School Board may satisfy the insurance obligations hereunder by a combination of commercial insurance, formal risk pooling under the statutory provisions of the State, and/or a self-funded loss reserve in whatever proportions are deemed appropriate by the School Board. The School Board shall furnish the County with a certificate or other written evidence of the School Board's election to provide or cause to be provided all or part of its coverage under a risk pooling, risk retention, or self- insurance program or any combination thereof. The School Board must also provide the County with evidence that The School Board's self-insured program has been approved by the State of Florida in accordance with Section 324.171, Fla. Stat. 9.3 The County shall provide, prior to execution of the contract, the insurance required under this section for approval by the School Board. The County's insurance shall be primary. The County shall maintain the following limits of insurance during the term duration of this agreement. General Liability Each Occurrence $1,000,000 Property Damage -any one fire $50,000 Medical Expenses -any one person $5,000 Personal and Advertising Injury $500,000 General Aggregate $2,000,000 Sexual Abuse/Molestation $1,000,000 each occurrence Automobile Liability Combined Single Limit $1,000,000 Property insurance for the replacement value of property, buildings and contents owned by The County. Page 4 of 7 95 Worker's Compensation as required by the State of Florida Each accident $100,000 Each Disease — Each employee $100,000 Each disease — policy limit $500,000 The Worker's Compensation policy shall cover The School Board, all employees, volunteers, and/or contractual persons hired or retained by The School Board. All insurance policies shall be placed with insurers with a Best's rating of no less than A -VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be "Claims Made" policies or as generally available on the open insurance market. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to the execution of this Agreement, and shall provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel, terminate or revise coverage. 9.4 Self -Insured Program The County may satisfy the insurance obligations hereunder by a combination of commercial insurance, formal risk pooling under the statutory provisions of the State, and/or a self-funded loss reserve in whatever proportions are deemed appropriate by the County. The County shall furnish the School Board with a certificate or other written evidence of the County's election to provide or cause to be provided all or part of its coverage under a risk pooling, risk retention, or self-insurance program or any combination thereof. The County must also provide the School Board with evidence that The County's self-insured program has been approved by the State of Florida in accordance with Section 324.171, Fla. Stat. 10. Primary Points of Contact, Conflict Resolution. The primary point of contact for communications shall be for County, the Indian River County Director of the Parks and Recreation Department, or designee, and for School Board, the Assistant Superintendent of Student Affairs, Advocacy, & Access or designee. The primary points of contact will be responsible for providing the other party's primary point of contact with the schedules of the use of the other party's facilities provided in section 2 and 3 above, 90 days prior to the beginning of any recreational program season or school year. The primary points of contact shall also meet, at a minimum of once per quarter, to coordinate on schedules. The parties agree that before resorting to any dispute resolution or legal action, the primary points of contact will make best efforts to resolve any issues or disputes. 11. Force Maieure/Emergency. Any non-performance of the terms or conditions of this Agreement caused by or resulting from an event of Force Majeure (as defined below) shall not constitute a violation or event of default under this Agreement. For the purposes of this Agreement, the term "Force Majeure" shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, explosions, insurrections, riots, epidemics, Page 5 of 7 96 landslides, lightening, earthquakes, fires, hurricanes, tropical storms, floods, tornadoes, restraints of governments, civil disturbances, unavoidable breakage of machinery or equipment, enactment of applicable laws prohibiting performance, and other such causes not within the reasonable control of the party claiming the occurrence of an event of Force Majeure. 12. Cancellation of Use of Facilities. In the event, either party wishes to cancel the use of a facility, the party must provide 72 hours' notice by telephone to the other party's primary point of contact. 13. Indemnification. Each party shall indemnify and hold harmless the other party, its agents, officials, and employees from and against all claims, liabilities, losses, damages, personal injuries, or other causes of action which may arise from any misconduct, negligent act, or omissions of such indemnifying party or any of its respective agents, officers, or employees in connection with the performance of this Agreement. Such indemnification and hold harmless shall be only to the extent allowed by and within the limits of liability provided by section 768.28, Florida Statutes, and shall not otherwise be deemed a waiver of sovereign immunity of either party. 14. Assignment. This Agreement shall not be assigned by any party without the prior written consent of all of the parties hereto. 15. Modification. Modifications of this Agreement shall only be made in writing signed by both parties. 16. Severability. If any provision of this Agreement or its application is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall not be affected. 17. Notices. Any notice, request, instruction, or other document to be given as part of this Agreement, with the exception of cancellation notice as provided in Section 12 of this Agreement, shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address, of which any party hereto shall have given written notice as provided herein): For County: County Administrator 180127"' Street Vero Beach, Florida 32960 For School Board: Superintendent 6500 57'h Street Vero Beach, Florida 32967 18. Governing Law. This Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of Florida. Page 6 of 7 97 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. SCHOOL BOARD OF INDIAN RIVER COUNTY Scott Bass, Deputy Superintendent Date: ''7 Attest: David K. Moore, Ed.D, Superintendent Date: L-7 ( - INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman Date approved: 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 Dylan Reingold, County Attorney Page 7 of 7 98 • INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: May 5, 2022 f<ii :Zil_T:TiZiT��L�Iili<��'tiTi>, IuI��►�[�P►[T:i►� THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2022045 for Hallstrom Farmstead Revegetation BACKGROUND: On behalf of the Parks and Conservation Resources Division, an Invitation to Bid was issued for the provision and installation of native vegetation within an approximately 10.7 -acre portion of the Hallstrom Farmstead Conservation Area ("Hallstrom CA"). The Farmstead is located on Old Dixie Highway, south of Oslo Road. BID RESULTS: Advertising Date: March 16, 2022 Bid Opening Date: April 12, 2022 Solicitation Broadcast to: 401 Subscribers Bid Documents Requested by: 11 Firms Pre -Bid Attendance: 1 Firm Replies: 2 Firms Firm Location Total Bid Sandhill Environmental Services, LLC Arcadia $114,989.86 A+ Environmental Restoration, LLC Arcadia $177,457.50 ANALYSIS: Realizing it may be difficult to obtain some of the specific plants and sizes requested, the bid form enabled the bidders to identify the plants they cannot get, and list the replacement plant they proposed. Unit prices per plant species were all lower on the Sandhill bid than the A+ Environmental Restoration bid. The invitation to bid provides that, "the County may elect to modify the number of species, and/or the number of plants installed, to meet the general requirements of the project." In order to get the cost of the revegetation within the available $75,000 budget, Conservation Lands staff altered the quantities of plants to be awarded, as shown on the following table. Strikethrough text 99 indicates plant material requested that was identified as unavailable, with the proposed replacement plant also listed. Scientific Name Common Name Size # of Plants Bid # of Plants Award Unit Price Bid Total Installed Price as Awarded Zanthoxylum fagara ,... eniG Gmerir-gno Wild Lime Hog plum 3G 273 0 $18.26 $0.00 Serenoa repens Saw palmetto 1G 455 500 $6.58 $3,290.00 Sideroxylon foetidissium S.a, -e ,,,Ien +ene Mastic Tough bue�# 3G 273 0 $22.66 $0.00 Lyonia ferruginea Rusty lyonia Flag pawpaw 3G 182 91 $18.26 $1,661.66 Vaccinium myrsinites Shiny blueberry 1G 182 100 $7.50 $750.00 Hypericum tenuifolium St. John's wort 1G 91 91 $5.68 $516.88 Garberia hertophylla Garberia 1G 91 91 $6.28 $571.48 Bejaria racemosa Tar flower 1G 182 100 $6.90 $690.00 Conradina grandiflora Pineland mint 1G 91 91 $5.50 $500.50 Vaccinium darrowii Blueberry 3G 485 100 $18.26 $1,826.00 Zamia integrifolia Coontie 3G 485 0 $18.26 $0.00 Piloblephis rigida Pennyroyal 1G 485 200 $5.58 $1,116.00 Geobalanus oblongifolius Gopher apple 1G �4„j 1000 247 1000 $7.48 $7,480.00 Dyschoriste oblongifolia Oblongleaf Twinflower Ga L 1G 1427 242 0 $5.68 $0.00 Pityopsis graminifolia Golden aster 1G 290 290 $7.10 $2,059.00 Asclepias tuberosa Butterfly milkweed 1G 485 485 $5.58 $2,706.30 Palafoxia feayi Palafox 1G 485 485 $7.10 $3,443.50 Aristida stricta Wiregrass 1G 1456 1456 $4.58 $6,668.48 Opuntia humifusa Prickly pear cactus 1G 1942 2000 $5.10 $10,200.00 Helianthus debilis Dune sunflower 1G 971 800 $4.58 $3,664.00 Gallardia pulchella Blanket flower 1G 485 400 $4.58 $1,832.00 Plant materials total $48,975.80 Mobilization $7,104.00 Miscellaneous Materials $500.00 90 -Day Maintenance $18,234.00 Total award $74,813.80 Because more than one bid was received, staff is not able to negotiate with the lowest, responsive, responsible bidder until after award. Because the reduced quantity may result in a lower cost for 90 -day warranty maintenance, staff recommends the Board award the project to 100 Sandhill Environmental Services, LLC for a not to exceed price of $75,000, and authorize the Interim Parks and Recreation Director, or her designee, to negotiate the final quantities of listed plants to maximize the amount of revegetation that can be completed. Sandhill is completing similar planting work at both the Oslo Riverfront Conservation Area and Duck Head Island. FUNDING: Funds for the plants and installation, in the amount of $75,000, is budgeted and available in the Tree Ordinance Fund/Parks/Landscape Materials/Hallstrom Farmstead Conservation Area Project account, number 11721072-035340-19027. Account Name Account Number Amount Tree Ord/Parks/Landscape Materials/Hallstrom 11721072-035340-19027 Farmstead Conservation Area $75,000 RECOMMENDATION: Staff recommends the Board Award bid 2022045 to Sandhill Environmental Services, LLC, authorize the Chairman to sign the sample agreement after approval by the County Attorney as to form and legal sufficiency, and authorize the Parks and Recreation Division to coordinate with the contractor to maximize the plant coverage possible under the bid and below the $75,000 not to exceed award. ATTACHMENT Sample Agreement 101 Sample Agreement 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 Sandhill Environmental, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Hallstrom Farmstead Revegetation ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Hallstrom Farmstead Revegetation Bid Number: 2022045 Project Address: 1701 Old Dixie Highway, Vero Beach, FL 32962 ARTICLE 3 - CONTRACT TIMES 3.01 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 specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 180th day after the date when the Contract Times commence to run (Notice to Proceed). ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.13, below: A. For the Work and prices stated in Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: Not to exceed $75,000 102 ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release 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 Agreement 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 this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its 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 and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, 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 obtained and carefully studied (or assumes responsibility for having done so) all 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 103 procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. 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. F. 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. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed; (3) Certificate(s) of Liability Insurance; (4) Invitation to Bid 2022045; (5) Addendum 1; (6) CONTRACTOR'S Bid Form; (7) Bid Bond; (8) Qualifications Questionnaire; (9) Drug Free Workplace Form; (10)Affidavit of Compliance; (11) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (12) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (13) Certification Regarding Lobbying; 104 (14) 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; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability 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. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 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: 105 (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 not transfer the records to the County. (4) Upon completion of the contract, transfer, at no 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 records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion 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 that is 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 CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127 1h Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 10: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; 106 (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. 107 OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. F 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 May 17, 2022. OWNER: INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bv: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Elizabeth Powell Title: Interim Director, Parks and Recreation Address: 5500 77th Street (772) 226-1873 Email: bpowell@ircgov.com CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 109 Exhibit 1 to the Agreement - Pricing Scientific Name Common Name Size # of Plants Bid # of Plants Award Unit Price Bid Total Installed Price as Awarded Zonthoxylum fogara Wild Lime 3G 273 0 $18.26 $0.00 Serenoa repens Saw palmetto 1G 455 500 $6.58 $3,290.00 Sideroxylon foe tidissium 94er-e* ,yep «eng Mastic Tough hi-ekthern 3G 273 0 $22.66 $0.00 Lyonia ferruginea Rusty lyonia 3G 182 91 $18.26 $1,661.66 Vaccinium myrsinites Shiny blueberry 1G 182 100 $7.50 $750.00 Hypericum tenuifolium St. John's wort 1G 91 91 $5.68 $516.88 Garberia hertophylla Garberia 1G 91 91 $6.28 $571.48 Bejaria racemosa Tar flower 1G 182 100 $6.90 $690.00 Conradina grandiflora Pineland mint 1G 91 91 $5.50 $500.50 Vaccinium darrowii Blueberry 3G 485 100 $18.26 $1,826.00 Zamia integrifolia Coontie 3G 485 0 $18.26 $0.00 Piloblephis rigida Pennyroyal 1G 485 200 $5.58 $1,116.00 Geobalanus oblongifolius Gopher apple 1G (4„) 1000 242 7 1000 $7.48 $7,480.00 Dyschoriste oblongifolia Oblongleaf Twinflower 1G 1427 0 $5.68 $0.00 Pityopsis graminifolia Golden aster 1G 290 290 $7.10 $2,059.00 Asclepias tuberoso Butterfly milkweed 1G 485 485 $5.58 $2,706.30 Palafoxia feayi Palafox 1G 485 485 $7.10 $3,443.50 Aristida stricta Wiregrass 1G 1456 1456 $4.58 $6,668.48 Opuntia humifusa Prickly pear cactus 1G 1942 2000 $5.10 $10,200.00 Helianthus debilis Dune sunflower 1G 971 800 $4.58 $3,664.00 Gallardia pulchella Blanket flower 1G 485 400 $4.58 $1,832.00 Plant materials total $48,975.80 Mobilization $7,104.00 Miscellaneous Materials $500.00 90 -Day Maintenance $18,234.00 Total award $74,813.80 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: May 6, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2022033 for Round Island Beach Park Prefabricated Aluminum Lifeguard Tower BACKGROUND: On behalf of the Parks and Recreation Division, an Invitation to Bid was issued for a prefabricated aluminum lifeguard tower at Round Island Oceanside Park. BID RESULTS: Advertising Date: March 1, 2022 Bid Opening Date: March 25, 2022 Solicitation Broadcast to: 397 Subscribers Bid Documents Requested by: 7 Firms Replies: 1 Firm Firm I Location Total Bid Bausch Enterprises, Inc. I Stuart $97,775 ANALYSIS: The division has reviewed the submitted bid and determined Bausch Enterprises, Inc. to be the lowest, responsive, and responsible bidder. Bausch has constructed similar towers for municipalities in South Florida and North Carolina. FUNDING: Staff projected the cost of the replacement tower at $63,200 during the preparation of the FY21/22 budget which is currently available in the Parks/Other Machinery and Equipment Account in the Optional Sales Tax Fund, account number 31521072-066490. With rising costs for materials, shipping, and services, the bid amount of $97,775 will leave a balance of $34,575 which is proposed to be funded with a budget amendment from Optional Sales Tax/Cash Forward -Oct 1St. It is anticipated that additional funding will be necessary to cover the demolition and removal of the old lifeguard tower through regular purchasing procedures after the new tower has been successfully installed. 111 Account Name Account Number Amount Optional Sales Tax/Parks/Other Machinery and Equipment 31521072-066490 $97,775 RECOMMENDATION: Staff recommends the Board Award bid 2022033 to Bausch Enterprises, Inc, approve the sample agreement, and authorize the Chairman to sign it after approval by the County Attorney as to form and legal sufficiency. Staff further recommends that the board authorize the Budget Office to make up any difference in funding needed for the project through a future cash forward budget amendment. ATTACHMENT Sample Agreement 112 Sample Agreement 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 Bausch Enterprises, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Offsite construction, delivery, installation and warranty for prefabricated aluminum lifeguard tower ARTICLE 2 -THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Bid Number: Project Address ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence Round Island Lifeguard Tower 2022033 2201 South Highway A1A, Vero Beach, FL 32963 A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 150th day after the date when the Contract Times commence to run. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.6, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $97,775.00 113 Written Amount: Ninety-seven thousand, seven hundred seventy five dollars ARTICLES -PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release 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 Agreement 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 this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its 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 and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, 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 obtained and carefully studied (or assumes responsibility for having done so) all 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 114 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. E. 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. 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. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed; (3) Certificate(s) of Liability Insurance; (4) Invitation to Bid 2022033; (5) Addendum 1; (6) CONTRACTOR'S Bid Form; (7) Bid Bond; (8) Qualifications Questionnaire; (9) Drug Free Workplace Form; (10)Affidavit of Compliance; (11) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (12) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; 115 (13) Certification Regarding Lobbying; (14) 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; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability 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. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 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: 116 (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 not transfer the records to the County. (4) Upon completion of the contract, transfer, at no 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 records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion 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 that is 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 CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 10: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; 117 (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. 118 OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 119 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 May 17, 2022. OWNER: INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BV: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Elizabeth Powell Title: Interim Director, Parks and Recreation Address: 5500 77th Street (772) 226-1873 Email: bpowell@ircgov.com CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address forgiving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 120 Exhibit 1 to the Agreement — Pricing 121 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator PUBLIC . - FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Local Option Gas Tax Distribution Percentages (Legislative) DATE: May 5, 2022 DESCRIPTION AND CONDITIONS As required by Chapter 209 of the Indian River County Code, the Board of County Commissioners shall conduct a Public Hearing every two years in Mayto approve a revenue distribution formula for the 6¢ Local Option Gas Tax. This tax revenue is currently shared with the five municipalities based upon a formula as follows: "The percentage of total revenue allocated to each eligible entity equals one- third of the entity's percentage of total equivalent lane miles of road plus one- third of the entity's percentage of transportation expenditures over the previous five years plus one-third of the entity's total percentage of population residing in the area based upon the most recent estimate from the Florida Bureau of Economic and Business Research." This formula has been used over the past 35 years. Attached is the 2022 updated table for computation of the Local Option Gas Tax Distribution Percentages. The new percentages will be sent to the Florida Department of Revenue for implementation by September 1, 2022. RECOMMENDATIONS Staff recommends approval of the 2022/2023 revenue distribution percentages. ATTACHMENT Chapter 209 LOGT Chart/Spreadsheet Public Hearing Advertisement April 2022 Sample Letter to Municipalities APPROVED AGENDA ITEM FOR MAY 17, 2022 122 LOCAL OPTION GAS TAX CHAPTER 209. LOCAL OPTION GAS TAX Sec. 209.01. Short title. Sec. 209.02. Levy of tax. Sec 209.03. Effective date. Seca 209.04. Disposition of proceeds. Sec. 209.05. Utilization of proceeds. Section 209.01. Short title. This article shall be known and may be cites as the "Indian River County Local Option Gas Tax Ordinance." (Ord-. No. 92-26, § 4, 7-14-92) Section 209.02. Levy of tax. There is hereby imposed a six cent ($0.06) local option gas tax upon every gallon of motor fuel and special fuel sold in Indian River County and taxed under the provisions of F.S. Ch. 206. (Ord. No. 92-26, § 4, 7-14-92) Section 209.03. Effective date. The tax imposition hereby made shall be effec- tive from September 1, 1996 to August 31, 2026, both inclusive. (Ord. No. 92-26, § 4, 7-14-92; Ord. No. 96-11, § 1, 4-23-96) Section 209.04. Disposition of proceeds. (a) The disposition of proceeds shall be pursu- ant to interlocal agreement with one or more of the municipalities located therein, representing a majority of the population of the incorporated area within the county. Said agreement shall provide a distribution formula for dividing the entire proceeds of the local option gas tax among the county government and all eligible municipal- ities within the county. Said formula is set forth in paragraph (b) of this section. The method of distribution of the local option gas tax revenues shall he reviewed and a public hearing held in May at least every two (2) years by the parties to the agreement. (b) Each year, during the term of the imposi- tion of this tax, the division and distribution of tax proceeds under this article shall be evaluated and recalculated based upon the following for- mula: The percentage of total revenue allocated to each eligible entity equals one-third (Wl of the Section 209.05. Utilization of proceeds. Proceeds of the tax imposed herein shall be utilized only for transportation expenditures in accordance with the provisions and requirements of F.S. § 336.025. (Ord. No. 92-26, § 4, 7-14-92) § 209.04 entity's percentage of total equivalent lane miles of road plus one-third (1/3) of the entity's percentage of transportation expenditures over the previous five (5) years plus one-third (3/3) of the entity's total percentage of population re- siding in the area based upon the most recent estimate from the. Florida Bureau of Economic and Business Research. Each eligible entity (municipality) shall report the above information to the Indian River County Public. Works Director by April 30th of each year. Should the above information not be reported to the public works director by April 30th of each year, the public works director shall recalculate the distribution of proceeds based upon the pre- vious year's information, or other reliable infor- mation, whichever is more recent, for each non - reporting eligible entity (municipality). By June 15 of each year, the county shall provide the Florida State Department of Revenue a certified copy of the distribution proportions established by interlocal agreement under this section. The revised distribution of tax proceeds shall become effective on September 1 of the same year. (c) If, during the term of the imposition of this tax, the county or any of the municipalities be- come ineligible to receive a share of the local option gas tax for any reason, any funds other- wise undistributed because of ineligibility shall be distributed by the department of revenue to eligible governments within Indian River County in proportion to other monies distributed pursu- ant to this section. (d) The distribution formula established herein shall also govern the division and distribution of proceeds of the local option gas tax imposed through August 31, but not collected otherwise available for distribution until after August 31, of the year this levy terminates. (Ord. No. 92-26, § 4, 7-14-92; Ord. No. 96-11, § 1, 4-23-96; Ord. No. 2001-012, § 1, 3-20-01) 123 N N N ) a w o 0 o O W 0 0 J O 0 U) O Z O H Lri U) O `° 0 ~ N O > N O w o W U W o O W 0 rn o rn o QO2 V V M N 0 U) O Z O Z o Q O = U M M 00 r O InL0 (n Lo In m O N 0 Z c Q O (n L O Lo 000 (n Lo N O ILLN M M CD m O W Lri U) W ~ W D_' Lr) o W O (n L O Lo 000 J J M (D ILLN LU m 00e n O V 0 0 (Oo 0) O � O Lr) o d U 0 c o Q co O LU m CID co 0 (o O 04 r O N M W ~ O (CN D M w 4) 0 > N J Or C N H cN C V!C J Cl) Z N 0) m J er, C > (R (R O J m C Q' o U co 0o O tr N N co10 W > O O r M Lr) M c LO N Z r Q N CO N V � V r w y -C 0) Z 00e n O V 0 0 (Oo 0) O � O Lr) o d V• 0 c V 0`0 M Lo co Cl) rLC)00 N 00 O V N N 0D M W ~ O r M w 4) m C CN N J Or C N N cN C V!C J Cl) E9 E9 N 0) m J er, C > (R (R � J m C Q' j 0 * * W W 00e n O V 0 0 (Oo 0) O � O V Lr) o m V• 0 c N OO (D M Lo co Cl) rLC)00 N 00 O V W N 0D M r N O r M 01-0- a r (D CN N t0 Or st V N N Cl) Cl) E9 E9 ER fR er, 6R r V Lr) o m V• o M O co _ N 00 O V OMO N Cl N r N O (() O M 000 0) CN N t0 Or C6 N N r Cl) 69 E9 60 ff) 6A O (R (R � 69 6 0 V Lr) o m V• 0Lo 0 M O co O N 00 O V OMO N Cl C N r N ce) v7 O O O 000 0) M N M It V V_ N r V M L6 ui 0) Lri Lo (R (R � 69 6 N O (fi 613, 69 ffi 613 V) 0 O ce) O 00 r O e M O m O rCN 00 r N (0 N r N ce) v7 O O O (0 r r n 01 V• V C'iM 6Fk _ dJ 69 _11- 61% r 69 M r tY Cl) m M m o 00 � - M 00 r N (0 W v r N 0 v7 O O O V'(3) 00 0 (0 O N N O O 00 0 L6 ui 0) Lri O (R (R � 69 6 N O V' (O V' Lo N o rCN 00 � - M 00 N 0 0 0 r N 0 v7 O O O O O O ur M r r M N O N 0) O V Mm a x Cl) M N co 0 0 W L m W V' 0 a o 0 N OO N 0 n 0 0 0 m o 0 0 O O O O O O ur O N 0) a x N co 0 0 W L m W V' 0 Lo to N O m c O N 0 N CO N V � V r w y -C 0) ca 0 00 r -N 0 CL ei N N a 0 N c U) o D ED N ON C N O 0 N 00 r FO O N p N H N N N N N m a o 0 N OO O 0 n 0 0 0 m o 0 0 O O O O O O ur O 0) N co 0 0 o L m W V' 0 Lo to N O m co m N (D O N N CO N V � V r w y -C 0) m 0 CL ei a) c 0 0 0 c U) o D ED O M O C a@ 0 0 N O M p N N @ 0 0 0 0 0 O U O1 W m O C =3 U co 0 0 0 0 o 0 0) Lo M Lo 00 CL 7 m to r C14 to >1 to V M m Ae '00_ N r V: C O Lo 0) — O p .w -2 u C O M Cl)O 00 0 L fn 00 N 00 7 0 7N a E N M Cl) p Q O N0) O O E O 0 0 0 0) N N O w O M O 0 c C U E ? M Cl) r 0) N ' N t Lo N C0 c N W O O O O O O_ j E ._ C @ > cr O N O m -o �- o cn @ u, � m o � `o 0 0 0 0) c 0 0 '� O V' r n o C Y CL V O 7 0 O 17 O C, O_ .> 00 O O fn 0 C m r r T N r 0) L C 0) ` 0) C w U CG N 0) O Q. 0_' '2 N tQ O N Y N .c N a V) M C . > O 00 N W N 0N U W a) c QINS N � .0 O N O E N ZN W Z T) -p C C) o OL W M :E O w E d) O O d Cl a (i 0 to )- H W (nO N c� ZM W a � H N O N m M a > V% N 0) a a Xa LL, oma PUBLIC HEARING The Board of County Commissioners of Indian River County, Florida, hereby provides notice that a public hearing will be held on Tuesday, May 17 2022, at 9:05 a.m. or as soon thereafter as possible at the County Commission Chambers in the County Administration Building, 1801 271 Street, Vero Beach, FL 32960, to discuss the following: CONSIDERATION OF SIX CENT (6¢) LOCAL OPTION GAS TAX (LOGT) REVENUE DISTRIBUTION FORMULA FOR FISCAL YEAR 2022//2023 Interested parties may appear at the meeting and be heard with respect to the proposed application. Anyone who wants to inspect any proposed documents may do so at the Public Works Department in the County Administration Building, 1801 27th Street, Vero Beach, FL. 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 testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act Coordinator at 772-226-1223 at least 48 hours in advance of the meeting. 125 April 13, 2022 XXXXXXXXXXXXXX XXXXXXXXXXXXXX XXXXXXXXXXXXXX XXXXXXXXXXXXXX Board of County Commissioners Public Works Department 180127th Street, Building A Vero Beach, Florida 32960-3388 Telephone: (772) 226-1379 Subject: Local Option Gas Tax Distribution Formula for 2020/2021 XXXXXXXXX: The County has downloaded the total transportation expenditures for your city, ($XXXXXXXX) for the fiscal year 2020/2021 from the Local Highway Finance Report. To complete the tax distribution formula, we need to obtain the number of lane -miles of roads, as well as the number of bridges, under your jurisdiction. For your use, I have attached a copy of the Local Option Gas Tax Distribution Formula table for 2021, with the lane-mile/bridge information received from 2019/2020. 1 have highlighted your agency totals in yellow. Please transmit the 2020/2021 lane -mile and bridge information to my attention at the Indian River County Public Works Department as soon as possible. Preferably, you can email the information to: Iclark@ircgov.com. A new table, which shows the gas tax distribution percentages based upon the formula, to be effective FY 2022/2023, will be sent to you. The County expects to schedule a public hearing in May on this issue. Please contact me at (772) 226-1379, if you have any questions. Sincerely, Richard B. Szpyrka, P.E. Public Works Director RBS/Imc Attachment: 2021 LOGT Chart cc: Jason E. Brown, County Administrator 126 Treasure Coast Newspapers PART OF THE USA TODAY NETWORK Indian River Press Journal 1801 U S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION iI I� f,�, - - Id"'y R12? INDIAN RIVER CO, PLIBIL IC WORKS 180127 TH ST PUBLIC HEARING VERO BEACH, FL 32960 The Board of County Commis- sioners of Indian River County, Florida, hereby provides no- tice that 3 public hearing will COUNTY OF BROWN be held on Tuesday, May 17 2022, at 9:05 am, or as soon thereafter as possible at the Before the undersigned authority personally appeared, said legal County Commission Chambers clerk, who on oath says that he/she is a legal clerk of the Indian B the County Administration Building 1801 27th Street, River Press Journal, a daily newspaper published at Vero Beach Vero Be�ch, FL 32960, to dis- in Indian River County, Florida: that the attached cc of cuss the following: ing� CONSIDERATION OF SIX CENT advertisement was published in the Indian River Press Journal in (69) LOCAL OPTION GAS TAX the following issues below. Affiant further says that the said Indian (LOGY} REVENUE DISTRIBU. TION FORMULA FOR FISCAL River Press Journal is a newspaper published in Veto Beach in YEAR 2022/12023 said Indian River County, Florida, and that said newspaper has interested parties rnag appear heretofore been continuously published in said Indian River at the meet heard County, Florida, daily and distributed in Indian River County, with respect to the proposed application, Anyone who Florida, for a period of one year next preceding the first publication wants to inspect any proposed of the attached copy of advertisement, and affiant further says that Public ocuments may Works Depso at the Public do artment in she has neither paid or promised any person, firm or corporation the County Administration any discount, rebate, commission or refund for the purpose of Bui Vero Be,lding 1801 27th Street, ch, FL. securing this advertisement for publication in the said newspaper. Anyone who may wish to ap- The Indian River Press Journal has been entered as PericidicaI 1 andecision which may pebeamadey at this meeting will Matter at the Post Offices in Vero Beach, Indian River County, need to ensure that a verba- Florida and has been for a period of one year next preceding the !sirof e iece,ord whichthincludesproceedings testi- minad first publication of the attached copy of advertisement, many and evidence upon Issue(s) dated before where the dates are noted or by publication which the appeal is based. Anyone who needs a special on the newspaper's website, if authorized, on accommodation for this meet- 05105/2022 ing may contact the County's Americans with Disabilities A(t Coordinator at 772.226, 1223 at least 48 hours in ad - Vance of the meeting, Pub: Ma 5, 2022 TCN524TO59 Subscribed and,6worn jo before on NotaryN5j2jP,,e Wt. County of Browd' My commission expires Publication Cost $78,66 Ad No,0005243059 Customer No 1310779 PO #° pi ad pub hearing LOGT distr formula # of Affidavits 1 5 & 11 / 10, �� Z INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director DATE: May 5, 2022 SUBJECT: Consideration of a Proposed Land Development Regulation Amendment to Section 930.07 to Require New Manufactured Homes within the Flood Hazard Area, Coastal High -Hazard Areas, or Coastal A Zones to be Elevated One Foot Above Base Flood Elevation It is requested that the data herein presented be given formal consideration by the Board of County Commissioners (BCC) at its regular meeting of May 17, 2022. DESCRIPTION AND CONDITIONS Floodplain Management Changes On July 3, 1978, Indian River County was accepted for participation in the National Flood Insurance Program (NFIP). The Stormwater Management and Flood Protection Code under Chapter 930 was first established in 1990 under Ordinance 90-16. The Board of County Commissioners subsequently adopted Ordinance No. 2012-036 on November 6, 2012 to revise the floodplain management regulations to coordinate with the Florida Building Code. The Board of County Commissioners understood the need to reduce vulnerability to future flooding. Proposed changes will serve to improve resiliency to the potential of more frequent and potentially more severe flooding. Participation in the NFIP's Community Rating System (CRS) is a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum program requirements. Indian River County has achieved a CRS rating Class 6 out of 10 with 1 being the best. In 2020 the NFIP Community Rating System established certain minimum prerequisites for communities to qualify for or maintain class ratings of Class 8 or better. The floodplain management revisions will serve to improve the groundwork laid to maintain or improve the County's Class 6 rating. In January 2021, the CRS implemented a new Class 8 prerequisite for freeboard for all participating and new CRS communities. The change will require communities to change 2 items to become or remain a Class 8 community. In order to be a Class 8 or better: (1) The community must meet all the Class 9 prerequisites. If the minimum Class 9 perquisites are not met, the county will be retrograded to a class 10. 127 (2) The community must adopt and enforce at least a 1 -foot freeboard requirement (including machinery and equipment) for all residential buildings constructed, substantially improved, and/or reconstructed due to substantial damage, throughout its Special Flood Hazard Area (SFHA) where base flood elevations have been determined on the Flood Insurance Rate Map (FIRM) or in the Flood Insurance Study (FIS), except those areas that receive open space credit under Activity 420 (Open Space Preservation)." In order to fully implement this requirement, language currently in our ordinance that relates to Mobile Homes in areas where the BFE is not available will be revised. Currently, Mobile Homes located in un -numbered A zones shall have a BFE of 36" above the BFE, with the 1.0' freeboard requirement. This rule will be revised to no longer allow the 36" rule. The new language will now state that Manufactured homes that are placed, replaced, or substantially improved that are located in a flood hazard area, coastal high -hazard areas and Coastal A Zones shall be elevated such that the bottom of the frame is at or above the base flood elevation plus one (1) foot. Staff has modified the 6th Whereas clause to make the clause consistent with the proposed changes. PLANNING AND ZONING COMMISSION (PZC) RECOMMENDATION: At its April 14, 2022 meeting, the PZC conducted a public hearing and considered the proposed ordinance. The PZC voted 4-0 to recommend that the BCC adopt the proposed ordinance. The BCC is now to consider the proposed manufactured home ordinance and adopt, adopt with modifications, or deny the proposed ordinance. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the proposed manufactured home flood zone ordinance. ATTACHMENT 1. Draft Ordinance Clean Version 128 ORDINANCE NO. 2022 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 930.07 (REVIEW CRITERIA FOR ALL DEVELOPMENT PROJECTS) OF CHAPTER 930 (STORMWATER MANAGEMENT AND FLOOD PROTECTION) OF THE CODE OF INDIAN RIVER COUNTY IN ORDER TO UPDATE REQUIREMENTS PERTAINING TO MANUFACTURED HOMES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has, in Chapter 125 (County Government), Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, Indian River County was accepted for participation in the National Flood Insurance Program on July 3, 1978 and the Board of County Commissioners desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, the Board of County Commissioners adopted Ordinance No. 2012- 36 on November 6, 2012 to revise the floodplain management regulations to coordinate with the Florida Building Code; and WHEREAS, Indian River County participates in the NFIP's Community Rating System, a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum program requirements, achieving a CRS rating of Class 6, making residents and property owners who purchase NFIP flood insurance policies; and WHEREAS, in 2020 the NFIP Community Rating System established certain minimum prerequisites for communities to qualify for or maintain class ratings of Class 8 or better; and WHEREAS, to satisfy the prerequisite and for Indian River County to maintain the current CRS rating, all manufactured homes installed or replaced in special flood hazard areas must be elevated such that the bottom of the frame is at or above the base flood elevation plus 1 foot, which necessitates modification of the existing requirements; and 129 WHEREAS, the Board of County Commissioners determined that it is in the public interest to amend the floodplain management regulations to better protect manufactured homes and to continue participating in the Community Rating System at the current class rating, 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 Section 930.07 (Review criteria of all development roiects . New language indicated by underline, and deleted language indicated by stFikethrougI4. Section 930.07 (Review criteria of all development project) of Chapter 930 (Stormwater Management and Flood Protection) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 930 — STORMWATER MANAGEMENT AND FLOOD PROTECTION (2) Flood protection requirements. When a development project, building or structure is determined to be within a special flood hazard area as defined in County Code Chapter 901, the development, building or structure shall be subject to the requirements of this section. (e) Manufactured homes. General. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to Section 320.8249, F.S., and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of these floodplain regulations. If located seaward of the coastal construction control line, all manufactured homes shall comply with the more restrictive of the applicable requirements. 2. Foundations. All new manufactured homes and replacement manufactured homes installed in flood hazard areas, coastal high -hazard areas, and Coastal A Zones shall be installed on permanent, reinforced foundations in accordance with the 130 Florida Building Code, Residential Section R322 and these floodplain regulations.t#at; a. En fleed hazards areas (Z9Re 4) ether +her, ee-+stal high hazaFd areas are Cede ❑e01!'IeRtial Sen+ign R322.2 e^A these flee.dPlaiR re U latier,s In eeastal high hazard areas-(ZGRe V) aredesigaed in aGGGFdaRGe With the f O ul Q ^+'fO nFequ IYp men+J�1�h C-Ife FT' -a Building A'Iding Cade -Residential C CG}'YOrl 3. Anchoring. All new manufactured homes and replacement manufactured homes shall be installed using methods and practices town# --h minimize flood damage_ Manufactured homesaP4 shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Methods of anchoring include, but are not limited to, use of over -the -top or frame ties toground anchors. This anchoring requirement is in addition to applicable state and local anchoring requirements for wind resistance. 4. Elevation. Manufactured homes that are placed, replaced, or substantially improved that are located in a flood hazard area, coastal high -hazard areas and Coastal A Zones shall be elevated such that the bottom of the frame is at or above the base flood elevation plus one (1) foot. ski^Il eemr,hi with sestien 939.87(2)(e)5er .. W- ON 111 ilo 1111111 5.7- Enclosures. F ll„ eRG!Gse +Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322 for such enclosed areas, as applicable to the flood hazard area. 131 6.B-. Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322, as applicable to the flood hazard area. Section 4. Conflict. All ordinances or parts of ordinances in conflict herewith arehereby repealed. 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. 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 7. 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 1St day of May, 2022, for a public hearing to be held on the 17th day of May, 2022, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Peter D. O'Bryan Vice -Chairman Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared the ordinance duly passed and adopted this day of 2022. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman 132 ATTEST: Jeffrey R. Smith, Clerk and Comptroller Deputy Clerk EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of 2022 133 "Treasure Com Newspapers FART OF TN E USA TODAY NETWORK 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 VERO BEACH, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Issue(s) dated before where the dates are noted or by pt-blication on the newspaper's website, if authorized, on 05101/2022 Subscribed and sworn to before on May 5, 2022: 1 & Notary, to of I o niy of Brown My commission expires -7 SHELLY HRA Notary Public State of Wisconsin+ Publication Cost: $148.77 Ad No:0005230911 Custorner No: 1310785 PO #: # of Affidavils 1 ' 2 � NOTICE OF PUBLIC HEARING NOTICE 15 HEREBY GIVEN that the Indian River County Board of County Commissioners, will hold a public hearing at which parties in interest and citizens shall have an opportunity to be heard, in the County Com- mission Chambers of the County Administration Build- ing located at 1801 27th Street, Vero Beach, Florida, on Tuesday, May 17, 2022 at 9:00 AM to consider recommend- ing adoption of the ordi- nance; entitled: Ordinance AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 930.07 (REVIEW CRITERIA FOR ALL DEVELOPMENT PROJECTS) OF CHAPTER 930 (STORMWATER MANAGEMENT AND FLOOD PROTECTION) OF THE CODE OF INDIAN RIVER COUNTY IN ORDER TO UPDATE REQUIRE- MENTS PERTAINING TO MAN- UFACTURED HOMES; PROVID- ING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PRO- VIDING FOR AN EFFECTIVE DATE. A vote will be taken on the proposed ordinance. If adopt- ed, the ordinance will require new manufactured homes lo- cated within the flood hazard area, coastal high -hazard areas, or coastal A zones to be elevated such that the bottom of the frame is at or above the base flood elevation plus one (1) foot. A draft of the proposed ordi- nance is available at the Pub- lic Works Department located in the Community Develop- ment Department on the first floor of the County. Adminis- tration Complex Building "A". Anyone who may wish to ap- pealany 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. Please direct any questions to the Public Works Department at 772-27.6-1379. ANYONE WHO NEEDS A SPE- CIAL ACCOMMODATION FOR THIS MEETING MUST CON- TACT THE COUNTY'S AMERI- CANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 772- 226-1223 (TDD #772.770-5215) f:5 3 -d- AT LEAST 48 HOURS IN AD- VANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Peter D. O'Bryan, Chairman Publish: May 1, 2022 TCN5230911 r333 1a,A,3 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 11, 2022 SUBJECT: Children's Services Advisory Committee Ordinance BACKGROUND. After initially considering establishing a Children's Trust special dependent district, on March 1, 2022, the Indian River County Board of County Commissioners ("Board") voted not to place the Children's Trust special dependent district referendum on the November 2022 ballot. The Board did however vote to direct the County Attorney's Office to move forward with an ordinance changing aspects of Part II (Children's Services Advisory Committee) of Chapter 103 (Commissioners and Boards) of the Indian River County Code of Ordinances (the "Code") to address many of the issues raised in the proposed Children's Trust special dependent district ordinance. In addition to the changes previously addressed as part of that process, the Board additionally directed the County Attorney's Office to include business experience as a qualification for the community appointed members appointed by the Board. Also, the Board included an increase in the millage cap from the current limit of 0.125 to 0.25. Pursuant to the Board's direction, the County Attorney's Office made those revisions to the draft ordinance and scheduled the matter for a public hearing on May 10th. On May 10th, the Board made several changes to the draft ordinance involving membership and duties of the Children's Services Advisory Committee and the various sub -committees. The Board then continued the public hearing until May 17th. The County Attorney's Office has revised the ordinance to reflect those changes. The County Attorney's Office recommends that the Chair open the public hearing, take any public comment, close the public hearing and that the Board vote to approve the draft ordinance as revised. FUNDING. The cost associated with this item was the cost of publication of the notice of public hearing in the amount of $135.09 which is paid from the County Attorney's Budget/Legal Ads; Account No. 00110214-034910. RECOMMENDATION. The County Attorney's Office recommends that the Chair open the public hearing, take any public comment, close the public hearing and that the Board vote to approve the revised draft ordinance. ATTACHMENT. Revised Draft Ordinance 134 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 135 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 strikethFGHgl-, 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: 136 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 nhildre- 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. 137 Section 103.22. - Appointment to the children's services advisory committee. (1) The membership of the children's services advisory committee shall consist of thigee^ (I2` fifteen (15) voting members who must be residents of Indian River County as follows: a) Six(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 DietFiot Circuit 19 Community Development Arlministrntnr 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, FefleGting- the—geegFaphiEaland sec-ial diversity --o; may` 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 significant financial experience. (2) Reserved. (3) The 68„on (7) distFiGt and at IaFge 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. 138 I Members - Reserved. (5) No designee of principals will be allowed for any member of the children's services advisory committee. 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 Countv 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. 139 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. QPJY 4 rninim„m of throe peeple will cense on ea Gh 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 140 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. ad) 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 rnmmittaa = .LG) 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 exeGutive—effiEe—diFectaFp$nif,y selected gFa-gt 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. 141 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. Dastrabutmen Use of funds. poo 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. 142 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 aeneral welfare of the children and families of Indian River Countv. 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 143 exceed eight (8) percent 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 agreerne Process for distribution of funds. -- - - -• -- .. The application process will be in the form of a reauest for or000sal. 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 funding 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 capability. b. Evidence based outcomes from prior years. 144 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. Neighborhood -based initiatives. The extent and degree 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 response to all required items in the funding announcement and application. 4) Prior to budget hearings, the children's services advisory committee shall submit a line 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 county commissioners under section 163.26_ 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 aPA 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 145 not limited to, complete ^^�t;,;g reports and activities required to meet the objectives of the children's services advisory committee. These activities will include, but are not limited to, ce�aT; l 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 aSSigRed by the nhilydreR's seFV'Ges advi r)ra 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 day of , 2022, for a public hearing to be held on the 10th day of May, 2022, which was continued until the 17th of May, 2022, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted by the following vote: Chairman Peter D. O'Bryan Vice Chairman Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared the ordinance duly passed and adopted this day of 2022. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk and Comptroller Deputy Clerk This Ordinance was filed with the Department of State on the day of , 2022. 147 Treasure Coast Newspapers PART OF THE USA TODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION INDIAN RIVER COUNTY ATTORNEYS OFFIC 1801 27TH ST NOTICE OF INTENT - VERO BEACH, FL 32960-3388 PUBLIC HEARING NOTICE IS HEREBY GIVEN that STATE OF WISCONSIN the Board of County Commis - COUNTY OF BROWN sioners of Indian River County, Florida, will conduct a Public Hearing to consider adoption Before the undersigned authority personally appeared, said legal of a proposed ordinance enti- that he/she is a legal clerk of the Indian clerk, who on oath says 9 tled: tied: AN ORDINANCE OF THE River Press Journal, a daily newspaper published at Vero Beach BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER in Indian River County, Florida: that the attached copy of COUNTY, FLORIDA, AMEND - advertisement was published in the Indian River Press Journal in ING PART II (CHILDREN'S SERVICES ADVISORY COMMIT - the following issues below. Affiant further says that the said Indian TEE) OF CHAPTER 103 (COM - River Press Journal is a newspaper published in Vero Beach in ARDS) MISSION$ AND TO said Indian River County, Florida, and that said newspaper has UPDATE VARIOUS OF THE CHILDREN'S SERVICES AD - heretofore been continuously published in said Indian River INCLUD- VISORY COMMITTEE, INCLUD- ING FUNDING Y County, Florida, daily and distributed in Indian River County, D DISTRIBUTION AND DISTRIBUTION OF Florida, for a period of one year next preceding the first publication FUNDS; ANDN DUNG FOR the attached copy of advertisement: and affiant further says that SOEV CODIFICof REPEAL OF CONFLICTING PRO - she has neither paid or promised any person, firm or corporation VISIONS; AND AN EFFECTIVE any discount, rebate, commission or refund for the purpose of DATE. securing this advertisement for publication in the said newspaper. The held Ponli Hearingwill to The Indian River Press Journal has been entered as Periodical 2022 at 9:05 a.m., or as soon Matter at the Post Offices in Vero Beach, Indian River County, thereafter as the matter may Florida and has been fora period of one year next preceding the p Y P 9 mi heard, in the County Com- mission Chambers located on first publication of the attached copy of advertisement. the first floor of Building A of Issue(s) dated before where the dates are noted or by publication the County Administrative Complex, 1801 27th Street, on the newspaper's website, if authorized, on : Vero32 at e o B ch, interested parties 04/2912022 may be heard with respect to the proposed ordinance. The proposed ordinance may be inspected by the public during regular business hours (8:30 a.m. to 5:00 p.m., Mon- day through Friday) at the Of- fice of the Clerk to the Board of County Commissioners lo- cated on the second floor of Subscri d nd sworn to b Of On April 29, 2022: Building A of the County Ad- Complex, 1801 ministrative 27th Street, Vero Beach, Flori- da; or alternatively, the pro - ,4 posed ordinance may be in- spected at www.ircgov.com. Nota , tate of Co my of Brown Anyone who may wish to ap- any decision which may Peal be made at this meeting will 7. need to ensure that a verba- tim record of the proceedings v p is made, which includes testi- .�..r....�.. Monand evidence upon which the appeal is based. Notary Public Anyone who needs a special accommodation for this meet- ing must contact the County's State of Wisconsin Americans With Disabilities Act (ADA) Coordinator at 772- 226-1223 at least 48 hours in Publication Cost: $135.09 advance of the meeting - Ad No: 0005231843 INDIAN RIVER COUNTY BOARD OF COUNTY Customer No: 1310775 COMMISSIONERS PO #: CSAC Ordinance Public Hearing PETER D. O'BRYAN, CHAIRMAN Pub: April 29, 2022 TCN5231843 # of Affidavits 1 W) co C) C> SSV'10 fsl�i 4 09180SB)Ii, /o,A,[t-, MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 11, 2022 SUBJECT: Irrigation Ordinance BACKGROUND. On February 15, 2022, the Indian River County Board of County Commissioners ("Board") voted to support adopting a local irrigation ordinance based upon the St. Johns River Water Management District model ordinance, which is attached. The model ordinance includes landscape irrigation schedule requirements for hours and applications amounts for both daylight savings time and standard time and for residential and non-residential landscapes. The model ordinance includes exceptions and waivers in certain circumstances. The model ordinance contained recommendations for enforcement and penalties, noting that local governments could remove or modify these provisions. The Board further directed the County Attorney's Office to draft the ordinance, which would apply in the unincorporated areas of Indian River County, with an enforcement structure with a written warning for the first violation, a $50 fine for the second violation and a $100 fine for subsequent violations. On May 3, 2022, the Board conducted a public hearing on the ordinance. The Board presented two changes to the model ordinance language. The first would be to change daylight savings/standard time designations to month designations. The second was to define "new landscaping". As these are changes to the model ordinance language, the Board continued the public hearing until May 17th to give time for the County Attorney's Office to communicate with the St. Johns River Water Management District concerning the two changes. The Board further discussed a change to the penalties provision, which would allow a second violation to be extinguished, assuming there are no further violations, after a year and a subsequent violation to extinguish two years after the first violation, assuming there are no violations during that two year period. St. Johns River Water Management District staff has examined the issue and due to the St. Johns River Water Management District rule is unable to support either modification from the model ordinance at this time. Thus, the County Attorney's Office has modified the draft ordinance only to reflect the changes to the penalties provision. 148 Board of County Commissioners May 11, 2022 Page 2 FUNDING. The cost associated with this item was the cost of publication of the notice of public hearing in the amount of $160.74 which is paid from the County Attorney's Budget/Legal Ads; Account No. 00110214-034910. RECOMMENDATION. The County Attorney's Office recommends the Indian River County Board of County Commissioners open the public hearing, take any public input, close the public hearing and vote to approve the revised draft ordinance. ATTACHMENT. St. Johns River Water Management District Model Ordinance Revised Draft Ordinance 149 ORDINANCE NO. 2022 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CREATING CHAPTER 319 (WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION) OF THE CODE OF INDIAN RIVER COUNTY PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT; PROVIDING DEFINITIONS; PROVIDING THE LANDSCAPE IRRIGATION SCHEDULES; PROVIDING EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES; PROVIDING FOR WAIVERS FROM THE SPECIFIC DAY OF THE WEEK LIMITATIONS; PROVIDING FOR APPLICABILITY OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR PENALTIES FOR VIOLATION OF THE ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the St. Johns River Water Management District has responsibility and exclusive authority under Chapter 373, Florida Statutes, for regulating the consumptive use of water; and WHEREAS, the St. Johns River Water Management District has amended Rule 40C-2.042, F.A.C., its General Consumptive Use Permit by Rule that regulates small irrigation uses below consumptive use permit thresholds in Rule 40C-2.041(1), F.A.C.; and WHEREAS, Rule 40C -2.042(2)(a), F.A.C., grants a general permit to each person located within the District to use, withdraw or divert water for small landscape irrigation uses, provided that irrigation occurs in accordance with the requirements set forth in this ordinance, which are also subject to the exceptions set forth in this ordinance; and WHEREAS, Rule 40C-2.042, F.A.C., applies to landscape irrigation regardless of whether the water comes from ground or surface water, from a private well or pump, or from a public or private utility; and WHEREAS, Rule 40C -2.042(2)(b), F.A.C., strongly encourages a local government to adopt an ordinance to enforce Rule 40C -2.042(2)(a), F.A.C., within its jurisdiction by adopting a landscape irrigation ordinance that incorporates each of the provisions set forth in Rule 40C -2.042(2)(a), F.A.C.; and WHEREAS, it is the desire of the Indian River County Board of County Commissioners to adopt an ordinance in accordance with 40C -2.042(2)(a) and (b), F.A.C.: and 150 WHEREAS, the Indian River County Board of County Commissioners hereby finds and declares that the adoption of this ordinance is appropriate, and in the public interest of the citizens of this community. 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. Enactment of Chapter 319 (Water Conservation Ordinance for Landscape Irrigation) of the Code if Indian River County Florida. Chapter 319 (Water Conservation Ordinance for Landscape Irrigation) of the Code of Indian River County, Florida is hereby enacted to read as follows: CHAPTER 319. WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION Section 319.01. - Intent and Purpose. It is the intent and purpose of this Chapter to implement procedures that promote water conservation through the more efficient use of landscape irrigation. Section 319.02. — Definitions. For the purpose of this Chapter the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. (a) "Address" means the house number of a physical location of a specific property. This includes "rural route" numbers but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property's address. An "even numbered address" means an address ending in the numbers 0, 2 ,4, 6, 8 or the letters A -M. An "odd numbered address" means an address ending in the numbers 1, 3, 5, 7, 9 or the letters N -Z. 151 (b) "District" means the St. Johns River Water Management District. (c) "Person" means any person, firm, partnership, association, corporation, company, or organization of any kind. (d) "Landscape irrigation" means the outside watering of plants in a landscape such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora that are situated in such diverse locations as residential areas, public, commercial, and industrial establishments, and public medians and rights-of-way. "Landscape irrigation" does not include agricultural crops, nursery plants, cemeteries, golf course greens, tees, fairways, primary roughs, and vegetation associated with intensive recreational areas such as playgrounds, football, baseball and soccer fields. (e) "Residential landscape irrigation" means the irrigation of landscape associated with any housing unit having sanitary and kitchen facilities designed to accommodate one or more residents, including multiple housing units and mobile homes. (f) "Non-residential landscape irrigation" means the irrigation of landscape not included within the definition of "residential landscape irrigation," such as that associated with public, commercial and industrial property, including commercial or transient housing units, hotel and motel units, and public medians and rights-of-way. Section 319.03. — Landscape Irrigation Schedules. 1. When Daylight Savings Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule: a. Residential landscape irrigation at odd numbered addresses or no address may occur only on Wednesday and Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and b. Residential landscape irrigation at even numbered addresses may occur only on Thursday and Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and C. Non-residential landscape irrigation may occur only on Tuesday and Friday and shall not occur between 10:00 a.m. and 4:00 p.m.; and d. No more than 3/ inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs. 2. When Eastern Standard Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule: a. Residential landscape irrigation at odd numbered addresses or no address 152 may occur only on Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and b. Residential landscape irrigation at even numbered addresses may occur only on Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and C. Non-residential landscape irrigation may occur only on Tuesday and shall not occur between 10:00 a.m. and 4:00 p.m.; and d. No more than 3/4 inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs. 3. All landscape irrigation shall be limited to only that necessary to meet landscape needs. Section 319.04. — Exceptions to the Landscape Irrigation Schedules. Landscape irrigation shall be subject to the following irrigation schedule exceptions: 1. Irrigation using a micro -spray, micro -jet, drip or bubbler irrigation system is allowed anytime. 2. Irrigation of new landscape is allowed at any time of day on any day for the initial 30 days and every other day for the next 30 days for a total of one 60 - day period, provided that the irrigation is limited to the minimum amount necessary for such landscape establishment. 3. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides, when required by law, the manufacturer, or best management practices, is allowed at any time of day on any day within 24 hours of application. Watering in of chemicals shall not exceed '/4 inch of water per application except as otherwise required by law, the manufacturer, or best management practices. 4. Irrigation systems may be operated at any time of day on any day for maintenance and repair purposes not to exceed 20 minutes per hour per zone. 5. Irrigation using a hand-held hose equipped with an automatic shut-off nozzle is allowed at any time of day on any day. 6. Discharge of water from a water -to -air air-conditioning unit or other water - dependent cooling system is not limited. 7. The use of water from a reclaimed water system is allowed anytime. For the purpose of this paragraph, a reclaimed water system includes systems in which the primary source is reclaimed water, which may or may not be 153 supplemented from another source during peak demand periods. 8. The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water, or public supply sources. Section 319.05. — Additional Requirement. Any person who purchases and installs an automatic landscape irrigation system must properly install, maintain, and operate technology that inhibits or interrupts operation of the system during periods of sufficient moisture. Section 319.06. — Waiver from Specific Day of the Week Limitations. A waiver from the specific landscape irrigation days or day set forth in Section 319.03 of this Chapter may be granted if strict application of the scheduled days or day would lead to unreasonable or unfair results in particular instances, provided that the applicant demonstrates with particularity that compliance with the scheduled days or day will result in a substantial economic, health or other hardship on the applicant requesting the waiver or those served by the applicant. Where a contiguous property is divided into different zones, a waiver may be granted hereunder so that each zone may be irrigated on different days or day than other zones of the property. However, in no event shall a waiver allow a single zone to be irrigated more than two days per week during Daylight Savings Time or more than one day per week during Eastern Standard Time. Section 319.07. — Applicability. This Chapter shall be applicable to and shall regulate each person within the unincorporated area of Indian River County. Section 319.08. — Enforcement. This Chapter may be enforced by any Indian River County code enforcement officer, and the code enforcement officer in the public works department who is devoted to issues pertaining to chapter 316, pursuant to F.S. Ch. 162 and section 103.07 of this Code. In addition, this chapter may be enforced by the environmental control officer pursuant to Chapter 85-427, Special Acts, Laws of Florida, and -section 303.14 of this Code. Section 319.09. — Penalties. Violation of any provision of this Chapter shall be subject to the following penalties: First violation Written Warning Second violation $50.00 Subsequent violations $100.00 154 A second violation will be extinguished, assuming there are no further violations, after a year and a subsequent violation will be extinguished two years after the first violation, assuming there are no violations during that two year period. Each day in violation of this Ordinance shall constitute a separate offense. Enforcement officials shall provide violators with no more than one written warning. In addition to the civil sanctions contained herein, Indian River County may take any other appropriate legal action, including, but not limited to, injunctive action to enforce the provisions of this Chapter. Section 3. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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. 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 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 day of , 2022, for a public hearing to be held on the 3rd day of May, 2022, which was continued until the 17th of May, 2022, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted by the following vote: Chairman Peter D. O'Bryan Vice -Chairman Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared the ordinance duly passed and adopted this day of May, 2022. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman 155 ATTEST: Jeffrey R. Smith, Clerk and Comptroller Deputy Clerk EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of 2022. 156 2022 Mary Snyder ANNUAL Golf Tournament Hosted by the Vietnam Veterans of Indian River County, Inc. Proceeds Benefit Indian River County Veterans vOLF TOURNAMENT SPONSORSHIP FORM Date: June 181H,2022 Time: 7am Registration, 8am Shotgun start - Scramble format Lunch and Awards Immediately Following Golf Location: Sandridge Golf Club, 5300 73rd St., Vero Beach Lunch & Awards: Indian River County Fairgrounds 7955 58th Ave, Vero Beach (Immediately Following) SPONSORSHIP OPTIONS STARS & STRIPES Sponsor $5000 includes 3 teams, large banner, 3 hole signs, identified in all publicity and media interviews RED Sponsor $2500 includes 2 teams, large banner, 3 hole signs, identified in all publicity and media interviews WHITE Sponsor $1000 includes 1 team, 2 hole signs, identified in press releases Gift Certificate for Business Name Name Business Address: Biz Telephone: Email BLUE Sponsor $500 includes 2 golfers, 1 hole sign, identified in press releases HOLE Sponsor $100 includes 1 hole sign Sponsor a Veteran Golfer $75 Contact Telephone: ( Value $ One lucky golfer who lands the first hole -in -one on the 17th hole will WIN A BRAND- NEW CAR: a 2022 Hyundai compliments of Tommy Chranza of Route 60 Hyundai Questions: Curtis Paulisin at (772) 770-4507 VVIRC Office: (772) 794-0005 Register and Pay ONLINE: www.VVIRC.org/events Checks Payable: Vietnam Veterans of Indian River County, Inc. Vietnam Veterans of Indian River County, Inc. is a 501(c)3 non-profit organization. Donations are Tax Deductible. All proceeds support veterans of Indian River County with housing and assistance. 157 2022 Mary Snyder ANNUAL Golf Tournament Hosted by the Vietnam Veterans of Indian River County, Inc. Proceeds Benefit Indian River County Veterans TEAM REGISTRATION FORM or register online www.VVIRC.org/events Date: June 181H,2022 Time: 7am Registration, 8am Shotgun start - Scramble format Lunch and Awards Immediately Following Golf Location: Sandridge Golf Club, 5300 73rd St., Vero Beach Lunch & Awards: Indian River County Fairgrounds 7955 58th Ave, Vero Beach (Immediately Following) Primary Name (Player 1) Telephone Email Team Member's First & Last Names (ALL contact info REQUIRED for event notifications) Player 2 Telephone Email Player 3 Telephone Email Player 4 Telephone Email One LUCKY golfer who lands the first hole -in -one on the 17th hole will WIN A BRAND- -, NEW CAR: a 2022 Hyundai compliments of Tommy Chranza of Route 60 Hyundai Register and Pay Online: www.VVIRC.org/events Questions: Curtis Paulisin at (772) 770-4507 VVIRC Office: (772) 794-0005 Checks Payable: Vietnam Veterans of Indian River County, Inc. (phone number must be on check) $75.00 per golfer Vietnam veterans of Indian River County, Inc. 696 8th Ct, Vero Beach, FL 32962 Vietnam Veterans of Indian River County, Inc. is a 501(c)3 non-profit organization. Donations are Tax Deductible. All proceeds support veterans of Indian River County with housing and assistance. 158 2022 Mary Snyder ANNUAL Golf Tournament Hosted by the Vietnam Veterans of Indian River County, Inc. Proceeds Benefit Indian River County Veterans �aX 011d'_elXawl 91066vle , February 16th, 2022 We are excited to announce that the Vietnam Veterans of Indian River County are hosting the 2022 Annual Mary Snyder Golf Tournament, benefiting local veterans! We need your support to help our local Indian River County vets! All golf tournament proceeds will provide assistance to help our IRC vets with housing and assistance. This year's golf tournament will take place at the Sandridge Golf Course located at 5300 73rd Street, Vero Beach, on Saturday, June 18T", 2022. Registration starting at 7:00 a.m. with a shotgun start, scramble format at 8:00 a.m. Then, lunch and the awards ceremony will immediately follow across the street at the Indian River County Fairgrounds, 7955 58th Ave, Vero Beach. The golf event includes 18 holes of golf, a golf cart, awards ceremony, and lunch for only $75.00 per golf participant. One lucky golfer who lands the first hole -in -one on the 17th hole will WIN a BRAND-NEW CAR; a 2022 Hyundai, compliments of Tommy Chranza of Route 60 Hyundai, in support of this incredible event. Last year we MAXED OUT participation on both Sandridge courses while following all Covid- 19 CDC recommendations. Despite these restrictions, we still raised over $25,000 for our local veterans! There are several levels of sponsorships detailed on the sponsorship forms. All sponsorship monies will cover the costs of the event and then proceeds will help to provide various assistance programs for our Indian River County veterans. Included with this letter are the following forms: Team Registration form, a Donation form for raffle items. If you are interested in playing in the tournament, or becoming a sponsor, please visit www.VVIRC.org/events to register and pay online. On behalf of the 20,000 Indian River County Veterans and their families we serve, we thank you for your consideration and support! Questions? Please call Curtis at (772) 770-4507 - Vietnam Veterans (772) 794-0005. Curtis A. Paulisin Vic Diaz Chairman Vice Chair Veteran of Indian River County, Inc. Vietnam Veterans of Indian River County, Inc. Vietnam Veterans of Indian River County, Inc. is a 501(c)3 non-profit organization. Donations are Tax Deductible. All proceeds support veterans of Indian River County with housing and assistance. 159 /o.C./I INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Ryan Sweeney; Chief, Current Development FROM: Brandon C. Creagan, LEED Green Associate; Senior Planner, Current Development DATE: May 5, 2022 SUBJECT: Notice of Scheduled Public Hearing for a Proposed Farm Based Rum Distillery (Agricultural Industry) with Associated Accessory Residential Units It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 17, 2022. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: June 7,2021: 1. Bhakta Farms, LLC's Request for Major Site Plan and Special Exception Use Approval for a Farm Based Rum Distillery (Agricultural Industry) with Associated Accessory Residential Units [SP -SE -20-07-26 / 2004020221-86955] (Quasi -Judicial) RECOMMENDATION: The referenced public notice item is provided for the Board's information. No action is needed at this time. 160 /d,G1201 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: John Stoll; Chief, Long Range Planning FROM: Chris Balter; Senior Long -Range Planner DATE: April 29, 2022 SUBJECT: Notice of Public Hearing Scheduled for June 7, 2022 Board Meeting for a Rezoning from A-1, Agricultural -1 District to IG, General Industrial District It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting on May 17, 2022. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: June 7, 2022• 1. Indian River County Board of County Commissioners, and Kelly Stanton of Supermix request to Rezone Approximately ±9.24 Acres from A-1, Agricultural -1 District (up to 1 unit/5 acres) to IG, General Industrial District (RZON2021090086-90882) [Quasi -Judicial] RECOMMENDATION: The referenced public notice item is provided for the Board's information. No action is needed at this time. 161 CQ,c,3, MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 6, 2022 SUBJECT: Public Notice of Public Hearing for June 7, 2022, for Ordinance Regarding the Oslo Park Street Paving District MSBU The Board of County Commissioners will hold a Public Hearing on Tuesday, June 7, 2022, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CREATING THE OSLO PARK STREET PAVING DISTRICT MUNICIPAL SERVICE BENEFIT UNIT; PURPOSE; LEVY OF ASSESSMENT, ADOPTION OF BUDGET; DISPOSITION OF PROCEEDS FROM THE LEVY OF ASSESSMENT; AMENDING SECTION 200.11 OF CHAPTER 200, MUNICIPAL SERVICE TAXING OR BENEFIT UNIT, OF THE INDIAN RIVER COUNTY CODE OF ORDINANCES; AND PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. 162 in, c.q- � INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Ryan Sweeney; Chief, Current Development FROM: Brandon C. Creagan, LEED Green Associate; Senior Planner, Current Development DATE: May 6, 2022 SUBJECT: Notice of Scheduled Public Hearing for June 7, 2022: Fischer Right -of -Way Abandonment (Legislative) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 17, 2022. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: June 7, 2021: 1. Henry Fischer's request for Abandonment of the north and west 12 -foot -wide strips of land reserved for a public road that are located within the bounds of the property located at 10105 Industrial Park Blvd [ROWA-21-09-01 / 2021060061 -90141] (Legislative) RECOMMENDATION: The referenced public notice item is provided for the Board's information. No action is needed at this time. 163 13,A, 1►,1plu0]Ill 171j► 1 TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 6, 2022 SUBJECT: Fire Station #13 — Removal of Fire Tower BACKGROUND. On January 11, 2022, the Indian River County Board of County Commissioners (the "Board") voted to direct staff to work with the City of Fellsmere to formulate an agreement to transfer ownership of the fire tower structure to the City of Fellsmere within 90 days. Since then, County staff has been working with the City of Fellsmere concerning the transfer of the tower. Per section 125.38, Florida Statutes, Indian River County is authorized to transfer ownership of the fire tower to the City of Fellsmere through the adoption of a resolution duly adopted by the Board. The County Attorney's Office has drafted a resolution consistent with the requirements of section 125.38, Florida Statutes. Per the resolution, upon delivery of the fire tower to a mutually agreeable location the resolution serves as a Bill of Sale transferring ownership of the Fire Tower to the City of Fellsmere. After discussions with counsel for the City, the City anticipates being able to take delivery of the Fire Tower in mid-June, and no later than July 15, 2022 at the latest, however the County will have additional time if needed due to permitting and procurement requirements. FUNDING. The cost to dismantle and transport the tower is estimated at $40,000. Funding for this expense is not currently budgeted, and will be placed on a forthcoming budget amendment to be funded from Emergency Services District/Reserve for Contingency. RECOMMENDATION. The County Attorney's Office recommends the Indian River County Board of County Commissioners vote to approve the draft resolution. ATTACHMENT. Draft resolution 164 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FINDING THAT THE SALE OF THE FIRE TOWER AT FIRE STATION #13 TO THE CITY OF FELLSMERE IS IN THE BEST INTERESTS OF THE CITIZENS OF INDIAN RIVER COUNTY, FLORIDA WHEREAS, the County owns a fire tower located at Fire Station #13, 4440 4th Street in Indian River County; and WHEREAS, the County no longer desires to maintain the fire tower property; and WHEREAS, the City of Fellsmere is seeking to have the tower removed from the property and delivered to the City of Fellsmere to be rebuilt and maintained by the City of Fellsmere within the City limits; and NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The City of Fellsmere has applied to Indian River County seeking ownership of the fire tower and the fire tower serves no county purposes. 2. It is in the best interest of the health, safety and welfare of citizens of Indian River County to sell the fire tower located at Fire Station #13 to the City of Fellsmere for no fee so that the City of Fellsmere can erect and preserve the tower within its City limits. 3. Staff is hereby directed to take whatever additional steps are necessary to effectuate the transfer of the fire tower to the City of Fellsmere, including removing the fire tower and delivering it to a mutually agreeable location as determined by the City of Fellsmere and County staff. Upon delivery of the fire tower to a mutually agreeable location this Resolution shall constitute a Bill of Sale transferring ownership of the Fire Tower to the City of Fellsmere. 4. This Resolution is be'ng made pursuant to Section 125.38, Florida Statutes. This resolution was moved for adoption by Commissioner , and the motion was seconded by Commissicner and upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss 165 The Chairman thereupon declared the resolution duly passed and adopted this day of May, 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA No Peter D. O'Bryan, Chairman Approved by BCC: ATTEST: Jeffrey R. Smith, Clerk of Courts and Comptroller Deputy Clerk Approved as to form and legal sufficiency: Dylan Reingold County Attorney Approved: Jason E. Brown County Administrator 166 167 131b - MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P. E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: May 10, 2022 SUBJECT: Settlement of Lease Interest for Parcel 132 Tenant B&B Farms, Inc. d/b/a Countryside Citrus, 6555 81St Street The following information is submitted for consideration by the Board of County Commissioners (Board) in approving the settlement for acquiring a leasehold and any other interests in property associated with the construction of 66th Avenue north between 69th and 85th Streets (hereinafter referred to as "Project"), in Indian River County. The limits of the overall Project are from the intersection of SR 60 to Barber Street in Sebastian. On August 17, 2021, the Board of County Commissioners approved the purchase of the fee simple interest in Parcel 132 from Frederick W. Van Antwerp and Florence B. Van Antwerp, as Co -Trustees of the Frederick W. Van Antwerp and Florence B. Van Antwerp Revocable Trust Agreement (the Van Antwerps). The property is located at 6555 81St Street and consists of a 4.39 acre rectangular shaped parcel on the east side of 66th Avenue and south of 81St Street as shown in the attached Aerial Photograph attached and labeled Exhibit A. The property is zoned A-1, Agricultural, up to one unit per five acres. The County purchased a 0.99 - acre strip of right-of-way along the western border of the property. The oblong strip extends 333 feet along 66th Avenue beginning at a width of 126 feet at the south widening to 168 feet at the north end of the property. The property has a tenant, B&B Farms, Inc. d/b/a Countryside Citrus (Countryside) owned by the Banack family. The area needed for right of way contains no improvements, fencing or structures. In the past, the property has been used as part of Countryside's corn maze during the fall. Countryside also leases adjoining parcels to the east and together, the parcels form Countryside Citrus, which sells and ships fresh fruit, juice and other related items in the country store on site. All of the buildings that make up Countryside Citrus are located on the adjoining parcels to the east and not on the 4.39 acre parcel at the corner of 66th Avenue and 81St Street. The County now needs to extinguish Countryside's leasehold interest on the property, but only on that portion that was purchased as right-of-way. According to eminent domain statutes, tenants are entitled to notice and the opportunity to present a claim for potential damages, including business damages, due to the acquisition of the portion of land subject to the lease. Countryside claims that it has operated the business for longer than 5 years. Eminent domain law requires a business Qvuraer to operate a business for a minimum of 5 years in order to make a business damage claim. Countryside also claims that the loss of the acre of property will reduce the size of the corn maze and adversely affect any future expansion of the Countryside business. Normally, the leaseholder would hire an appraiser to determine the amount of loss of value sustained to the lease as a result of the take. Also, an accountant would be retained to evaluate the business damages due to the take. The County, under eminent domain law, is responsible for the leaseholder's expert witness costs and fees, together with the County's own experts needed to evaluate, and if necessary, refute the leaseholder's claims. Countryside was sent notice of the County's intent to acquire its leasehold interest on the part of the property comprising Parcel 132. Countryside was also sent notice of its right to claim business damages to the business they operate on the property. The County filed a lawsuit in Eminent Domain against Countryside on February 17, 2022. A hearing has been scheduled on May 26, 2022, to hear the County's Motion for the Order of Take. At the hearing, the County would bear the burden of proof to show the property is needed for the Project. The County is represented by Bill Doney, Esq., the County's outside counsel in this matter. Summer DeGel of the law firm of Gray Robinson now represents Countryside. Through negotiations with outside counsel, Countryside has agreed to settle all claims for $15,000, inclusive of all expert fees, costs and attorney's fees. Settlement at this time will avoid the additional costs of our own experts testifying at the Necessity of Take hearing, payment of additional attorney's fees to outside counsel and eliminating the need for the County to hire an appraiser and accountant for future litigation. Settlement at this time will mean all property interests in Parcel 132 will be acquired in advance of the Florida Department of Transportation's June 1, 2022 deadline to certify acquisition of right-of-way for Phase II of the 66th Avenue Improvement Project. Since a law suit has been filed in this matter, the Parties will enter into a stipulated settlement agreement settling all claims available to Countryside and have it approved by the court. Should the Board choose to reject the settlement, the County will proceed to the Order of Take hearing. The parties will then attend a mediation conference in order to settle the issue of compensation. If the mediation is unsuccessful, the parties will proceed to a twelve (12) person jury trial and the jury will determine the amount of compensation to be paid to the lease holder. FUNDING: Funding in the amount of $15,000.00 for the acquisition is budgeted and available from Traffic Impact Fees/District I/ROW/66th Ave/69th Street — 85th Street, Account # 10215141-066120- 16009. RECOMMENDATION: Staff recommends that the Board approve the proposed settlement of all claims and costs of B&B Farms, Inc. d/b/a Countryside Citrus in this law suit in the amount of $15,000 and authorize outside counsel to proceed with preparation and execution of the necessary court documents needed to settle the case and conclude the law suit. Attachments: Parcel 132 sketch and legal description 169 _t Indian River County, FL Overview I r � Legend ❑ Parcels Street Centerlines L.' Municipal Boundaries 2 IRC Private_Schoo Government Facilities tip FEDERAL GOVERNMENT COUNTY GOVERNMENT * LOCAL GOVERNMENT SCHOOL W HOSPITAL ilE FIRE STATION * LAW ENFORCEMENT # STATE PARK COUNTY PARK C ITY PARK 0 BOAT RAMP • CANOELAUNCH CANOE LANDING Golf Courses Water Parcel ID 31393200000500000001.0 ProplD 39558 Owner VAN ANTWERP FREDERICK W (CO -TRS) Last2Sales Sec/Twp/Rng 32-31-39 Class 5300- Address and FLORENCE B (CO -TRS) Date Price Instr Qua[ Property 6245 81ST ST Row 6285 81ST ST Type Address VERO BEACH Crop VERO BEACH, FL 32967 4/_/2010 $100 Warranty U Acreage 9 Deed Clear Title 4/:,12010 $100 Warranty U Deed District 1- NORTH COUNTY W/SEB INLET Brief Tax Description E 1/2 OF N 112 OF NE 1/4 OF SW 1/4 LESSTO HAMRIC K ALSO DESC AS FOLLS: FROM A PO B ATTHE NW COR OF THE E 1/2 OF THE N 1/2 OF THE NE 1/40F THE SW 1/4 OF SEC 32TW P 31 S RGE 39 E; TH RUN E 208.70 FT; TH RUN S 208.70 FT; TH RUN W 208.70 FT; TH RUN N 208.70 (Note Not tc Uc used on legal docul,-.•- T., . 170 3Nn M/a ONLLSIX3 Z o m ll� z� Z 3w]AV L4199 8L£ LLC 9LC N ZF NOLL03S 3Nn 1S3M 3Nn M/a 1s3M _S9NIV39 3o SISVe AQ UAW ; LWZ '9l 0N O lI 1 O N O a� ~ �a oN LL- N O;,�n c 0m j oN p CL 0:Q ZNO J N m w � O ZOO LLL 3Nfl M/a M„bS,Z£.00S a3Sodoad w m O co new �dIr rte•' :t , (A a CD co cri c QNOmi U) CLr It ls£ -U), 092 — —6 199,M! 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On March 4, 2015, Indian River County recorded a lien for the costs of a demolition at 4470 31St Avenue, Vero Beach, Florida, 32967 (the "Property") for $6,450.72. That lien accrued interest at an interest rate of 5.75%. As of May 17, 2022, the costs of the demolition and the interest will be $9,657.80. On April 19, 2022, Shirley Nelson spoke on behalf of the property owner Walter C. Hurst concerning the demolition lien. As part of the discussion, I explained that there were also outstanding taxes owed on the property, a utilities lien on the property, and a code enforcement lien on the property. As the Indian River County Board of County Commissioners (the "Board") does not take action under Public Discussion Items, I noted that if Mr. Hurst was able to resolve these other outstanding issues, I would be in a position to bring back an agenda item to the Board concerning the demolition lien. On April 25, 2022, the Indian River County Code Enforcement Board reduced the Code Enforcement Board fine from $72,000 to $1,700. The Indian River County Utilities Department has agreed to waive some of the penalties and interest, thus decreasing the Utilities lien from $10,144.39 to $9,228.57. The outstanding property taxes of $3,168.60 have not been paid, but it is my understanding that these will be paid from the proceeds of a pending closing. Consistent with recent practice, the County Attorney's Office recommends that the Indian River County Board of County Commissioners waive 90% of the accrued interest, so long as the lien and 10% of the outstanding interest for a total of $6,771.43 is paid within 60 days and that once paid, the Board authorizes the Chairman to execute a release of the lien. FUNDING. Lien proceeds will be deposited into MSTU Fund/Building Demolition Liens Revenue account number 004038-369092. The costs of recording the release of the lien will be borne by Walter Hurst. 173 Board of County Commissioners May 9, 2022 Page 2 RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners waive 90% of the accrued interest, so long as the lien and 10% of the outstanding interest for a total of $6,771.43 is paid within 60 days and that once paid, the Board authorizes the Chairman to execute a release of the lien. 174 101D10CC117.1 i1111u1 TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 9, 2022 SUBJECT: Code Enforcement Board Appointment On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of appointments and reappointments. This agenda item is to consider the appointment of an applicant to fill the "Architect" vacancy on the Code Enforcement Board, which term expires in January 2025. The vacancy has been advertised on the County's website and on Channel 27 in excess of 30 days. The following is the name of the qualified applicant for this position, whose resume and application is available for review in the Commissioners' Front Office area: Carlos L. Flores-Blancaneaux RECOMMENDATION. The County Attorney recommends that the Board review the applicant's application, and determine whether to appoint him to fill the unexpired term for the "Architect" to the Code Enforcement Board. ATTACHMENT Application 175 Indian River County Boards & Commissions Profile Carlos First Name arq.carlosluis@gmail.com Email Address 2045 50th AVENUE Street Address VERO BEACH Cay Home: (305) 528-1449 Primary Phore Donadio & Associates Architects PA Employer L Flores Blancaneaux Middle Initial Last Name Altemate Phone Sr. Project Architect Job Title Which Boards would you like to apply for? Code Enforcement Board: Submitted Suite or Apt FL 32966 State Postal Code How long have you been a resident of Indian River County? 10 months Are you a full-time or part-time resident? Select one. W Full Time Please list current employer or businesses. If retired, please list any business experience that may be applicable to the committee. Current Employer - Donadio & Associates Architects PA Please list any licenses you presently hold: Architect Registered - AR94332 Please list any organization of which you are currently a member: None Please list any other committees or boards you currently sit on: None Carlos L Flores Blancaneaux Submit Date: Apr 27, 2022 176 Interests & Experiences Why are you interested in serving on a board or commission? w To serve the community and enforce the Zoning Code practices throughout the county fairly and equitably. CLFB - CV 2022 n.pdf Upload a Resume Demographics Political Party W Independent 07/09/1975 Date of Birth Race (Used for State Reporting) rJ Hispanic -American Do you have a government recognized disability? (Used for State reporting information) r Yes r. No 177 Carlos L Flores Blancaneaux 13.E. MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 6, 2022 SUBJECT: County Attorney's Annual Employment Agreement My current employment agreement expires on July 1, 2022. I continue to enjoy my job, and would like to renew it for another year. A proposed agreement is attached. There are two proposed changes to the current employment agreement. First, is the increase in the annual compensation which reflects my current salary. The second change is to allow upon termination, the County Attorney to be paid accrued annual vacation and sick leave in accordance with the Indian River County Administrative Policy Manual. Thus, the County Attorney would receive the same benefits as all other County employees. Otherwise, under the employment agreement, the County Attorney waives any right to receive payment for any severance payment, any health insurance premiums, or any other form of payments, other than payment of salary through the final day of employment. RECOMMENDATION. The County Attorney recommends that the Board review the proposed agreement, and decide whether to approve the agreement and authorize the Chairman to sign it. ATTACHMENT(S). Proposed County Attorney Employment Agreement 178 COUNTY ATTORNEY EMPLOYMENT AGREEMENT THIS AGREEMENT ("Agreement") is entered into as of _, 2022, by and between the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida ("Board of County Commissioners") and Dylan T. Reingold ("County Attorney"). WHEREAS, the Board of County Commissioners desires to employ the County Attorney, and the County Attorney desires to accept such employment, as the County Attorney for Indian River County, Florida ("County"), in accordance with the terms and conditions set forth herein, NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree, as follows: 1. Recitals. The above recital is true and correct, and is incorporated herein. 2. Employment. The Board of County Commissioners hereby employs the County Attorney, and the County Attorney hereby accepts such employment, as the County Attorney for Indian River County, Florida, for a term of one year commencing July 1, 2022 ("Commencement Date"). Such employment shall be full-time and exclusive; the County Attorney shall not perform compensated legal work for any other person or entity, without the approval of the Board of County Commissioners. 3. Duties. The County Attorney shall report directly to, and shall be under the direction of, the Board of County Commissioners, which shall determine the specific duties and matters to be undertaken by the County Attorney. The primary duty of the County Attorney shall be to provide legal advice and support to the Board of County Commissioners. In addition, the County Attorney shall (a) provide legal advice and support to the County Administrator, and the administrative departments of the County, (b) provide legal advice and support to the other commissions, boards, councils and committees of the County, (c) manage the County Attorney's Office to ensure that resources of the office are applied efficiently and responsibly, (d) prepare an annual budget for the County Attorney's Office, and (e) hire, promote, demote or dismiss all employees of the County Attorney's Office in accordance with the personnel rules of the County or, if applicable, the employee's contract or the provisions of the Code of Indian River County. All legal advice and support shall be provided in a professional, competent and timely manner. 4. Ethical and Legal Standards of Conduct. The County Attorney shall comply with (a) the Rules Regulating the Florida Bar, including, without limitation, the Rules of Professional Conduct, (b) generally accepted ethical standards for the practice of law, and (c) all other applicable federal, state and local laws, rules or regulations applicable to the practice of law. In addition, the County Attorney shall comply with all federal, state and local criminal laws, and shall refrain from committing any act which, in the sole opinion of the Board of County Commissioners, adversely reflects on the County or its reputation, is contrary to the best interests of the County, or would be the basis for employee discipline under AM 801.1 of the Administrative 179 Policy Manual ("Behavior of Employees"). The County Attorney shall notify the Board of County Commissioners within three days of being formally charged by law enforcement, the State Attorney, the Florida Bar, or any other such entity, with conduct violating the rules, standards or laws set forth above. 5. Salary. The County Attorney shall be paid an annual salary of $183,096.42 payable in 26 bi-weekly payments of $7,042.17, adjusted for required deductions. The County Attorney's salary shall be increased by any general or cost -of -living increases granted to other full-time, non -contract employees of the County; provided, however, that such increase shall not take effect earlier than six months after the Commencement Date, for increases occurring during the initial term. 6. Benefits. Except as modified herein, the County Attorney shall receive the same benefits as are available to full-time, non -contract employees of the County. In addition, (a) the County Attorney shall receive fifteen days of vacation annually, calculated from the Commencement Date or the annual anniversary date of employment; provided, however, that if the County Attorney's employment terminates for any reason at a time when the County Attorney has taken more vacation days than have accrued at the rate of 9.375 hours per month, the County Attorney shall reimburse the County for the overused vacation days, which amount may be deducted from the County Attorney's final paycheck(s), (b) the County shall pay a car allowance in the standard amount for senior County employees receiving a car allowance, (c) the County shall pay for the cost of Continuing Legal Education necessary for the County Attorney to maintain good standing in the Florida Bar, or to maintain legal specialty certification(s), or otherwise as determined necessary and appropriate by the County Attorney to perform the duties set forth herein. The cost of Continuing Legal Education shall include travel, lodging and expenses, in accordance with §112.061, Florida Statutes, (d) the County shall pay the County Attorney's Florida Bar dues (including section fees), Indian River County Bar Association dues, and Florida Bar certification or recertification fees, and (e) the County Attorney shall be included in the "Senior Management Service Class" of the Florida Retirement System. 7. Renewal. This Agreement is not a continuing contract and shall not automatically renew upon expiration of the initial or any subsequent term; rather, this Agreement shall only be renewed by execution of a renewal agreement by both parties. Each year, the County Attorney shall schedule the renewal of his/her employment agreement as an item for consideration by the Board of County Commissioners at a meeting to be held no later than 30 days prior to expiration of the then -existing term of the agreement. 8. Termination. Either party may terminate this Agreement for any reason upon 30 days written notice to the other party. Upon termination, County Attorney shall be paid accrued annual vacation and sick leave in accordance with the Indian River County Administrative Policy Manual. Otherwise, County Attorney waives any right to receive payment for any severance payment, any health insurance premiums, or any other form of payments, other than payment of salary through the final day of employment; provided, however, that this subsection shall not be construed to deprive the County Attorney of any earned benefits under the Florida Retirement System, or similar deferred income or retirement programs. 180 A. Notwithstanding the requirement of 30 days written notice set forth above, the Board of County Commissioners may terminate the County Attorney's employment immediately, upon a finding by the Board of County Commissioners of good cause. For the purposes of this section, the term "good cause" shall mean any of the following: (a) loss by the County Attorney of his/her right to practice law in the State of Florida, (b) gross negligence in the performance of any duties set forth in section 3 above, or repeated failure to perform such duties in a professional, competent or timely manner, or (c) reasonable cause to believe that the County Attorney has violated the terms and conditions of this Agreement, including, without limitation, the ethical and legal standards of conduct set forth in section 4 above. B. In the event that the Board of County Commissioners terminates the County Attorney for good cause, the County Attorney shall have the right to request a hearing before the Board, which shall be held as soon as reasonably possible. The County Attorney shall exercise such right by delivering written notice requesting a hearing to the Chairman of the Board, within five business days of the Board's decision to terminate for good cause. In the event that the County Attorney prevails in such hearing, the Board's decision to terminate for good cause shall automatically be deemed to have been a 30 day notice of termination pursuant to subsection 8A above, and the County Attorney's sole remedy under this Agreement shall be payment of unpaid salary and benefits for the 30 day period following the Board's decision to terminate for good cause. D. Nothing in this section 8 shall be interpreted to prevent the Board of County Commissioners from imposing any other form of discipline short of termination, such as probation, suspension (with or without pay), etc. 9. No Property Rights. The County Attorney shall not acquire any property rights in employment or continued employment as a result of this Agreement, but shall obtain only those contractual rights described herein. 10. Interpretation. This Agreement has been submitted to the equal review and scrutiny of both parties, and both parties agree that it fairly and accurately sets forth the terms of their agreement. In any dispute between the parties, the Agreement shall be given a fair and reasonable interpretation, without consideration or weight being given to the fact that it was initially prepared or drafted by any particular party. 11. Severability. Each provision of this Agreement is deemed to be separate and divisible. If any provision shall be held invalid, the remaining provisions shall remain in full force and effect. 12. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 13. Jurisdiction and Venue. Exclusive jurisdiction and venue for any proceedings arising out of or relating to this Agreement shall be in the county or circuit court sitting in Indian River County, Florida. 181 14. Waiver of Jury Trial. EACH PARTY HEREBY KNOWINGLY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY OF ANY ISSUE ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT. ALL SUCH ISSUES SHALL BE RESOLVED BY NON -JURY TRIAL. 15. Amendment. This Agreement may be amended or modified only by subsequent written agreement signed by the County Attorney and the Board of County Commissioners. 16. Entire Agreement. This written Agreement constitutes the complete and final agreement of the parties. No prior or contemporaneous statements of the parties shall be binding or effective, unless set forth herein. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed at Vero Beach on the date set forth above. COUNTY ATTORNEY Dylan Reingold Approved: Jason E. Brown, County Administrator ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller LN Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Peter D. O' Bryan, Chairman Date approved by BCC: May , 2022 182