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HomeMy WebLinkAbout12/14/2021 (3)BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, DECEMBER 14, 2021 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th 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 Earman, Vice Chairman, District 3 Dylan Reingold, County Attorney Susan Adams, District I 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.B. INVOCATION Dr. Christina Moore, Sr. Pastor, Rhema Apostolic International Deliverance Center 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 Eve Prete on her Retirement from the Indian River County Office of the Tax Collector with 27 Years and 2 Months of Service Attachments: Proclamation - E. Prete 5.B. Presentation of Proclamation Celebrating the 50th Anniversary of Florida Atlantic University Harbor Branch Oceanographic Institute Attachments: Proclamation 50th 6. APPROVAL OF MINUTES December 14, 2021 Page 1 of 6 6.A. Regular Meeting of October 5, 2021 6.B. Excerpt from December 7, 2021 Item 10.A.3. Final Public Hearing and Discussion of 2021 Redistricting of County Commissioner Districts 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proclamation Honoring James W. O'Neal on His Retirement From Indian River County Board of County Commissioners Department of Utility Services Water Distribution with Thirty -Two Years of Service Attachments: Proclamation 7.B. Florida Public Service Commission Final Order PSC -2021 -0446 -S -EI approving 2021 stipulation and settlement agreement; docket to be closed, a copy is on file in the Clerk to the Board Office. 7.C. Florida Public Service Commission Consummating Order No. PSC -2021 -0452 -CO -EG makes Order PSC -2021 -0421 -PAA -EG effective and final; docket to be closed. 7.D. Closure and Collection Service Changes for the Christmas and New Year's Day Holidays Attachments: Staff Report 7.E. Indian River County Venue Event Calendar Review Attachments: Staff Report 7.F. 2022 Committee Assignments by Commissioner Attachments: 2022 Committee Assignments 8. CONSENT AGENDA 8.A. Quarterly OPEB Trust Report for the Quarter Ending 09/30/2021 Attachments: Investment Committee OPEB Report 8.B. Quarterly Investment Report for the Quarter Ending 09/30/2021 Attachments: Investment Committee Report 8.C. Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education Program Trust Fund Report - Cumulative Reporting Through 09/30/2021 Attachments: Traffic Education Fund Report 8.D. Quarterly Tourist Development Tax Report for the Quarter Ending 09/30/2021 Attachments: Tourist Development Tax Report 8.E. Internal Audit Division Annual Report Attachments: 2021 Internal Audit Report December 14, 2021 Page 2 of 6 8.F. Extension of Lease Agreement with the Senior Resource Association for the Transit Administration Facility Attachments: Staff Report Extension 8.G. Designation of Excess Equipment as Surplus and Reactivation of Asset 27619 Attachments: Staff Report Excess List for 121421 8.H. Interest Rate Change on All County Financing (Petition Paving, Utility Assessment Projects, Utility Impact Fees, etc.) Attachments: Staff Report County Financing Interest Rate History 8.I. Award of Bid No. 2022007, 66th Avenue and 8th Street Signalization Improvements - IRC -2002 Attachments: Staff Report Sample Agreement 8.J. Award of Bid 2022012 - DMZ Modification Attachments: Staff Report Sample Agreement 8.K. Mattress Firm - Amendment to Lease 1919 US Highway 1, Sebastian, FL 32958 Attachments: Staff Report Amendment to Lease 8.L. 51st Avenue from 65th Street to 69th Street Water Assessment Project, Resolution IV: Final Assessment Roll Attachments: Staff Report Resolution No IV Final Assessment Roll 8.M. Fleet Facility Fuel Island Canopy Refurbishment - Release of Retainage and Change Order No. 1 - IRC -2025 Attachments: Staff Report Change Order No. 1 8.N. Addition to Cash and Surplus Investment Policy Attachments: Finance Department Staff Report Revised Investment Policy December 14, 2021 Page 3 of 6 8.0. Indian River County Lagoon Management Plan Development Services, Tetra Tech Inc., Work Order No. 10 Attachments: Staff Report Tetra Tech Inc Work Order No 10 Work Order #10 execution form 8.P. Resolutions Delegating the Authority to the County Administrator or his Designee to Call Letters of Credit and to Act on Behalf of Indian River County during the Time Frame of December 15, 2021, through and including January 10, 2022 Attachments: Staff Report Resolution Delegating Authority 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Supervisor of Elections Leslie R. Swan re: Reimbursement for Conducting the November 2, 2021 Municipal Elections Attachments: Memo from Supervisor of Elections 9.B. Indian River County Sheriff Eric Flowers re: Access to County Traffic Cameras Attachments: Memo from Sheriff Flowers 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Biosolids Moratorium Extension Ordinance - LEGISLATIVE Attachments: Staff Report biosolids Ordinance Extention December 2021 10.A.2. County Initiated Request to Amend the 5 Year Capital Improvements Program and the Capital Improvements Element of the Comprehensive Plan for the Period FY 2021/22 -2025/26. Attachments: Staff Report Comprehensive Plan Text Amendment Adoption Ordinance Strikethrough and underline version of the CIE 2021 Capital Improvements Element 5 Year Schedule of Capital Improvements (Appendix A) Appendix B -D B. PUBLIC DISCUSSION ITEMS 10.13.1. Request to Speak from Joseph Paladin re: Community Development District C. PUBLIC NOTICE ITEMS December 14, 2021 Page 4 of 6 10.C.1. Notice of Public Hearing Scheduled for January 11, 2022 Board Meeting for Concurrent Conceptual Planned Development (PD) Plan, Special Exception, and Preliminary PD Plan Approval for a Single -Family Residential Development Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 11.A. 2022 Indian River County State Legislative Program Attachments: Staff Report - Legislative Priorities 2022 State Legislative Program Designated Point Persons 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Acquisition of Right -Of -Way from Christine L. Ford for Phase II of 66th Avenue Improvements - 7825 66th Avenue, Parcel 126 Attachments: Staff Report Agreement to Purchase right of way 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman 14.A.1. Vero Beach Air Show's Request for Use of County Administration Building and Grounds for Volunteers during Air Show Attachments: Commissioner's Memorandum B. Commissioner Joseph H. Earman, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Laura Moss December 14, 2021 Page 5 of 6 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of Meeting Minutes October 5, 2021 15.B.2. Amendment No. 1 to Wastewater Treatment Agreement with Indian River Sustainability Center Attachments: Staff Report Amendment No 1 C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. 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. December 14, 2021 Page 6 of 6 PROCLAMATION HONORING EVE PRETE ON HER RETIREMENT FROM THE INDIAN RIVER COUNTY OFFICE OF THE TAX COLLECTOR WITH 27 YEARS AND 2 MONTHS OF SERVICE WHEREAS, Eve Prete will retire from the Indian River County Tax Collector's Office on December 31, 2021; and WHEREAS, Eve has been employed with the Tax Collector's Office since October 20, 1994, starting her career as an accountant and finishing as Director of Finance; and WHEREAS, Eve earned widespread admiration from current and former elected officials and her many co-workers; and WHEREAS, Eve has been praised by Tax Collector Carole Jean Jordan, who stated that "Eve will be greatly missed and never replaced because she brought not only her skill but a patience and grace not often seen in the business world... her tenure in the finance department resulted in consistent financial excellence, yearly finance awards, and superior audits", and WHEREAS, Eve was lauded by former Tax Collectors Charles Sembler and Karl Zimmermann and former Assistant Tax Collector Jeff Smith, who emphasized her kindness, intelligence, extensive financial credentials, and tremendous problem -solving skills; and WHEREAS, Eve, over her long tenure, adapted to multiple financial software conversions, expertly meeting each of these time-consuming challenges in a steady, methodical fashion; and WHEREAS, Eve, using her remarkable talents as a teacher and mentor, built highly - skilled teams capable of multi -tasking under pressure and proved herself a true leader by leaving her team well-trained and in good hands to carry on after her retirement; and WHEREAS, Eve clearly served the public, this County, and the State of Florida with integrity, dedication, and an unsurpassed work ethic. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Eve Prete's efforts on behalf of the Tax Collector's Office, expresses its sincere appreciation for her devoted service, and extends heartfelt wishes for success in her future endeavors. Adopted this 14th day of December, 2021. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman PROCLAMATION CELEBRATING THE 50TH ANNIVERSARY OF FLORIDA ATLANTIC UNIVERSITY HARBOR BRANCH OCEANOGRAPHIC INSTITUTE WHEREAS, being founded in 1971 by Seward Johnson and Edwin Link, Florida Atlantic University Harbor Branch Oceanographic Institute has provided 50 years of groundbreaking research and exploration to address the critical issues facing our oceans, thereby positively impacting human health and well-being; and WHEREAS, from developing new cancer therapies to working on cutting-edge aquaculture techniques for global food security to tackling toxic algal blooms, FAU Harbor Branch has remained steadfast in the pursuit of Ocean Science for a Better World; and WHEREAS, over the course of 50 years of program expansion at FAU Harbor Branch, marine scientists, engineers, educators, and students have served as valuable community resources, increasing their reach to over 100 miles along Florida's east coast, and establishing Harbor Branch as a worldwide trusted leader for marine and ocean science, conservation, and education; and WHEREAS, FAU Harbor Branch was founded in the spirit of ocean exploration to unveil the mysteries of the deep; and WHEREAS, to this day, FAU Harbor Branch relentlessly pursues innovative ocean research while providing top -tier educational programs that will lead humankind to solve the most pressing issues facing our oceans. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board does hereby congratulate Florida Atlantic University Harbor Branch Oceanographic Institute on 50 years of world-class research, fueled by the spirit of ocean exploration. Adopted this 14th day of December, 2021. 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 I2. • 2.1 Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com OVER 0 It. koRTc* Excerpt from the Minutes of the Board of County Commission Meeting of December 7, 2021 Draft Commission Chambers Board of County Commissioners Peter()Bryan, Chairman, District 4 Joseph Earman, Vice Chairman, District 3 Susan Adams, District 1 Joseph Flescher,District 2 Laura Moss, District 5 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R.Smith, Clerk of the Circuit Court and Comptroller Randi Wardlow, Deputy Clerk Board of County Commissioners Meeting Minutes Excerpt-Draft December 7,2021 10.A.3. 21-1118 Public Hearing and Discussion of 2021 Redistricting of County Commissioner Districts Recommended Action: County staff recommends that the Chairman open the public hearing,take public input,and close the public hearing,and that the Board vote to approve the redistricting resolution. Attachments: Staff Report Redistricting Resolution 2021 IRC Redistricting Proposed Planlb Commission District No 1-Proposal 1B Commission District No 2-Proposal 1B Commission District No 3-Proposal 1B Commission District No 4-Proposal 1B Commission District No 5-Proposal 1B County Attorney Dylan Reingold referred to the Commission meeting of November 9,2021, at which the Board voted to move forward with Proposal 1B for the 2021 Redistricting of County Commissioner Districts. Chairman O'Bryan displayed an overhead image of the Proposal 1B map as he opening the public hearing. Paul Carlisle, City Manager, Sebastian, supported Proposal 1B There being no further comments,the Chairman closed the public hearing. A motion was made by Commissioner Adams,seconded by Vice Chairman Earman, to approve Resolution 2021-084,establishing boundaries of County Commissioner Districts following the 2020 Decennial Census. The motion carried by the following vote: Aye: 5- Chairman O'Bryan,Vice Chairman Earman,Commissioner Adams, Commissioner Flescher, and Commissioner Moss Indian River County Florida Page 1 RESOLUTION 2021- 084 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING BOUNDARIES OF COUNTY COMMISSIONER DISTRICTS FOLLOWING THE 2020 DECENNIAL CENSUS WHEREAS, in 2021, the United States Census Bureau completed the 2020 decennial census; and WHEREAS,article VIII,section(1)(e)of the Florida Constitution provides that after each decennial census, the Board of County Commissioners shall divide the county into districts of contiguous territory as nearly equal in population as practicable; and WHEREAS, section 124.01, Florida Statutes, provides that (1) there shall be five county commissioners' districts in each county,which shall be as nearly equal in proportion to population as possible,and(2)changes in the boundaries of commissioner districts shall be made only in odd- numbered years; and WHEREAS, on August 17, 2021, the Board adopted the 2021 Redistricting Plan which established criteria, procedures and a schedule for the redistricting process, and WHEREAS, the Board has engaged in a thorough, open and transparent redistricting process, which has included,among other things,posting information and proposed boundaries on the County's website and at various locations throughout the County; working with the Supervisor of Elections and the School District; holding a community workshop; and holding multiple public hearings,all for the purpose of informing the public and receiving input from the public concerning redistricting issues, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,THAT: 1. In accordance with article VIII, section (1)(e) of the Florida Constitution and section 124.01, Florida Statutes, the Board hereby establishes the boundaries of county commissioners' districts as set forth in the map attached hereto as Exhibit "A" and the legal descriptions attached hereto as Composite"B." 2. An accurate description of the boundaries of the county commissioners' districts shall be entered upon the minutes of the Board of County Commissioners, and a certified copy thereof shall be published at least once each week 'for two consecutive weeks in the Indian River Press Journal. Proof of such publication shall then be entered into the minutes of the Board. . . . , RESOLUTION 2021-084 3. The Clerk to the Board of County Commissioners shall forthwith furnish the Department of State with a certified copy of the Board's minutes, reflecting the description of the boundaries of the districts. The Department of State shall record ini a description'of such boundaries its.office in a book kept for that purpose. 4. This resolution shall become effective upon adoption by the Board. The foregoing resolution was moved for adoption by Commissioner Adams 1 and the motion was seconded by Commissioner Earinan ,and, upon being put to a vote, the vote was as follows: Chairman Peter D. 0'Bryan AYE Vice Chairman Joseph H. Earnian AYE Commissioner Susan Adams AYE Commissioner Joseph E. FleSciter AYE_ Commissioner Laura Moss AYE The Chairman thereupon declared the resolution duly passed and adopted this 7th day of December, 2021. BOARD OF COUNTY COMMISSIONEMONittliip... ..• .1.7;4--•.•-../o•-• INDIAN RIVER COUNTY,FLORIDAe,..••• *•-.4'e,‘.. fcc,:v • "..-..tis•it 3t p i l3 Al • .1 1111. .4.4...-1 i : ; Peter D.O'Bryan,Chairman ' '..,-.14,-,-,.. -, .a-•..-- ,z!..... ....74,•••,.....--1 . .., .....fnco34 Attest: Jeffrey R. Smith, Clerk Approved as to form and legal sufficiency ••,—.-• 4) ,the Court and Comptroller • ize---_,------ By. ill,: , i i f Dep ty C erk Dylan Reingold, County Attorney 2 • -7247 k* 'MAP LEGEND ai'r`°�°`3 REDISTRICTING.PROPOSAL'-''',"'-'-;',a:::-. , 7. -' -,,t,!!„,-,T,,,,77-74,,,44,f,..•:-..: - . , ., ,idt 'n�eea, m' 3, t PROPOSED COMMISSIONER DISTRICT..BOUN_DARI ES,- ` g :1 �. �' j '' INDIAN RIVER COUNTY;FLORIDII eu vrt o i i`.g,, k MunMiptl 8aiiAes u /V C?u+H Bo,• , : a !i4rFl+t#al�lPl�rte i ).�3 F+i`w6 �r'�;`4•£w � - a-r` a...�e' avr arww•a�rw�.��r ^ .-..- k xr`+ .lam gXrjy ,� 4 'Y 1" .'.:;'' .'..,..,,'t',.'...41..,7'.1;',..7.,"..4....4 .,..7:7 w'.,q�b Y, t T '' - ,x ax�a '` d ..min»: r • 4 �'• - x • .. .F § �..' a F F G •-,,f-,.-•':;-.*::',;',-:' . .v tarMti`&a4Y 4ar...tY.wN t#+'r� ' • { 40 . �;-• DtSTRI a,� •-..':',5;:;::.:::.:4.:,;,.. .,',.':„:.-:;',:',?,, s r, a .� x: n S% er ; DISTICT -Rr p , ane Tnt7 ct R • r. 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"r"" ,. :' a • [ �- IH Y z .y.':. r f � wa'Pr t � r* ` lt�t ..i�r�oenr•+or ,lr.df.-f.. ,..„r, .. = 5;.; �`�r.i S"Y + »�-� ,...1,. .-46.--'�.�i.r4r*vrr.r.ii r�'.r.� rrr+ Wr�i" r�+ r —� i„ 1 .o v 2 J0x :z9 oauciio1!■ _ �` •r ivru COMMISSION DISTRICT NUMBER 'I LEGAL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE DISTRICT NUMBER 1 (ONE) SHALL BE ALL OF THE TERRITORY WITHIN THE FOLLOWING BOUNDARIES: BEGIN AT THE INTERSECTION OF THE NORTH BOUNDARY LINE OF INDIAN RIVER COUNTY, FLORIDA(PER FLORIDA STATUTES SECTION 7.31)WITH THE NORTHERLY EXTENSION OF THE WEST SHORELINE OF THE INDIAN RIVER LAGOON,AND RUN SOUTHEASTERLY, ALONG SAID EXTENSION LINE, TO THE WEST SHORELINE OF THE INDIAN RIVER LAGOON; THENCE RUN SOUTHEASTERLY,ALONG SAID WEST SHORELINE, TO ITS INTERSECTION WITH THE CENTERLINE OF SEBASTIAN BOULEVARD(LABELED AS"STREET"), LYING BETWEEN BLOCKS 5 AND 7 OF THE PLAT OF EDGEWATER PARK RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTHWESTERY, ALONG SAID CENTERLINE OF SEBASTIAN BOULEVARD, TO ITS INTERSECTION WITH THE CENTERLINE OF U.S. HIGHWAY NUMBER ONE AND THE CENTERLINE OF COUNTY ROAD 512-EASTBOUND (ALSO KNOWN AS SEBASTIAN BOULEVARD); THENCE RUN SOUTHWESTERLY, ALONG SAID CENTERLINE OF COUNTY ROAD 512- EASTBOUND, TO ITS INTERSECTION WITH THE CENTERLINE OF COUNTY ROAD 512- WESTBOUND; THENCE RUN SOUTHWESTERLY, ALONG SAID CENTERLINE OF COUNTY ROAD 512 TO ITS INTERSECTION WITH THE CENTERLINE OF LACONIA STREET(BEING THE WEST LINE OF SEBASTIAN HIGHLANDS UNIT 8, ALSO BEING THE WEST LINE OF SECTION 13, TOWNSHIP 31 SOUTH, RANGE 38 EAST); THENCE RUN SOUTHERLY,ALONG SAID CENTERLINE OF LACONIA STREET,TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF SECTION 25,TOWNSHIP 31 SOUTH, RANGE 38 EAST(SAID POINT LYING ON THE SEBASTIAN CITY LIMITS LINE); THENCE RUN EASTERLY,ALONG SAID SEBASTIAN CITY LIMITS LINE TO A POINT(SAID POINT BEING WHERE THE SEBASTIAN CITY LIMITS LINE TURNS SOUTH); THENCE RUN SOUTHERLY ALONG THE SAID SEBASTIAN CITY LIMITS LINE,AND ITS SOUTHERLY PROLONGATION TO THE CENTERLINE OF COUNTY ROAD 510 (ALSO KNOWN AS 85TH STREET); THENCE RUN EASTERLY,ALONG SAID CENTERLINE OF SAID COUNTY ROAD 510, TO ITS INTERSECTION WITH THE CENTERLINE OF 66TH AVENUE; THENCE RUN SOUTHERLY, ALONG THE SAID CENTERLINE OF 66TH AVENUE, TO ITS INTERSECTION WITH THE CENTERLINE OF STATE ROAD 60 (ALSO KNOWN AS 20TH STREET); THENCE RUN WESTERLY, ALONG SAID CENTERLINE OF STATE ROAD 60, TO ITS INTERSECTION WITH THE WEST BOUNDARY LINE OF INDIAN RIVER COUNTY(PER FLORIDA STATUTES SECTION 7.31), BEING THE DIVIDING LINE BETWEEN RANGES 34 AND 35 EAST; I THENCE RUN NORTHERLY, STILL ALONG THE WEST BOUNDARY LINE OF INDIAN RIVER COUNTY, BEING THE DIVIDING LINE BETWEEN RANGES 34 AND 35 EAST,TO A POINT ON THE SOUTH LINE OF SECTION 31,TOWNSHIP 31 SOUTH, RANGE 35 EAST; THENCE RUN WESTERLY, STILL ALONG SAID WEST BOUNDARY LINE OF INDIAN RIVER COUNTY(SAID LINE ALSO BEING THE SOUTH LINE OF SAID SECTION 31), TO THE SOUTHWEST CORNER OF SAID SECTION 31; THENCE RUN NORTHERLY, STILL ALONG SAID WEST BOUNDARY LINE OF INDIAN RIVER COUNTY, BEING THE DIVIDING LINE BETWEEN RANGES 34 AND 35 EAST,TO THE NORTHWEST CORNER OF TOWNSHIP 31 SOUTH, RANGE 35 EAST; THENCE RUN EASTERLY,ALONG THE NORTH BOUNDARY LINE OF INDIAN RIVER COUNTY, ALONG THE DIVIDING LINE BETWEEN TOWNSHIPS 30 AND 31 SOUTH, TO THE POINT WHERE SAID LINE INTERSECTS WITH THE THREAD OF THE SOUTH FORK OF THE ST. SEBASTIAN RIVER; THENCE RUN NORTHEASTERLY, ALONG THE NORTH BOUNDARY LINE OF INDIAN RIVER COUNTY(ALSO BEING THE THREAD OF THE SOUTH FORK OF THE ST. SEBASTIAN RIVER), TO THE MAIN STREAM OF SAID ST. SEBASTIAN RIVER; THENCE CONTINUE NORTHEASTERLY,ALONG THE NORTH BOUNDARY LINE OF INDIAN RIVER COUNTY(BEING THE THREAD OF THE ST. SEBASTIAN RIVER),TO ITS INTERSECTION WITH THE NORTHERLY PROJECTION OF THE WEST SHORELINE OF THE INDIAN RIVER LAGOON,AND THE POINT OF BEGINNING. • COMMISSION DISTRICT NUMBER 2 LEGAL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE DISTRICT NUMBER 2 (TWO)SHALL BE ALL OF THE TERRITORY WITHIN THE FOLLOWING BOUNDARIES: BEGIN AT THE INTERSECTION OF THE NORTH BOUNDARY LINE OF INDIAN RIVER COUNTY, FLORIDA(PER FLORIDA STATUTES 7.31)WITH THE NORTHERLY EXTENSION OF THE WEST SHORELINE OF THE INDIAN RIVER LAGOON,AND RUN SOUTHEASTERLY, ALONG SAID EXTENSION LINE, TO THE WEST SHORELINE OF THE INDIAN RIVER LAGOON; THENCE RUN SOUTHEASTERLY, ALONG SAID WEST SHORELINE, TO ITS INTERSECTION WITH THE CENTERLINE OF SEBASTIAN BOULEVARD (LABELED AS"STREET"), LYING BETWEEN BLOCKS 5 AND 7 OF THE PLAT OF EDGEWATER PARK RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTHWESTERY, ALONG SAID CENTERLINE OF SEBASTIAN BOULEVARD, TO ITS INTERSECTION WITH THE CENTERLINE OF U.S. HIGHWAY NUMBER ONE AND THE CENTERLINE OF COUNTY ROAD 512-EASTBOUND (ALSO KNOWN AS SEBASTIAN BOULEVARD); THENCE RUN SOUTHWESTERLY, ALONG SAID CENTERLINE OF COUNTY ROAD 512- EASTBOUND, TO ITS INTERSECTION WITH THE CENTERLINE OF COUNTY ROAD 512- WESTBOUND; THENCE RUN SOUTHWESTERLY, ALONG THE CENTERLINE OF COUNTY ROAD 512 TO ITS INTERSECTION WITH THE CENTERLINE OF LACONIA STREET(BEING THE WEST LINE OF SEBASTIAN HIGHLANDS UNIT 8, ALSO BEING THE WEST LINE OF SECTION 13, TOWNSHIP 31 SOUTH, RANGE 38 EAST); THENCE RUN SOUTHERLY,ALONG SAID CENTERLINE OF LACONIA STREET, TO THE NORTH LINE OF THE SOUTHWEST 'A OF SECTION 25,TOWNSHIP 31 SOUTH, RANGE 38 EAST(SAID POINT LYING ON THE SEBASTIAN CITY LIMITS LINE); THENCE RUN EASTERLY,ALONG SAID SEBASTIAN CITY LIMITS LINE TO A POINT(SAID POINT BEING WHERE THE SEBASTIAN CITY LIMITS LINE TURNS SOUTH); THENCE RUN SOUTHERLY ALONG THE SAID SEBASTIAN CITY LIMITS LINE, AND ITS SOUTHERLY PROLONGATION TO THE CENTERLINE OF COUNTY ROAD 510 (ALSO KNOWN AS 85TH STREET); THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF SAID COUNTY ROAD 510, TO ITS INTERSECTION WITH THE CENTERLINE OF 66TH AVENUE; THENCE RUN SOUTHERLY, ALONG THE SAID CENTERLINE OF 66TH AVENUE, TO ITS INTERSECTION WITH THE CENTERLINE OF 41ST STREET(ALSO KNOWN AS SOUTH GIFFORD ROAD); THENCE EASTERLY,ALONG THE CENTERLINE OF 41ST STREET, TO ITS INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILRWAY; THENCE SOUTHEASTERLY,ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY,TO ITS INTERSECTION THE WESTERLY PROLONGATION OF THE CENTERLINE OF 37TH STREET; THENCE EASTERLY, ALONG SAID PROLONGATION, AND THE CENTERLINE OF 37TH STREET TO ITS INTERSECTION WITH THE CENTERLINE OF 17TH AVENUE; THENCE NORTHERLY, ALONG SAID CENTRLINE OF 17TH AVENUE, TO ITS INTERSECTION WITH THE CENTERLINE OF 39TH STREET; THENCE WESTERLY,ALONG SAID CENTERLINE OF 39T" STREET, TO ITS INTERSECTION WITH THE CENTERLINE OF U.S. HIGHWAY NO. 1; THENCE NORTHWESTERLY, ALONG SAID CENTERLINE OF U S. HIGHWAY NO. 1, TO ITS INTERSECTION WITH THE CENTERLINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT NORTH RELIEF CANAL RIGHT-OF-WAY; THENCE NORTHEASTERLY AND EASTERLY, ALONG SAID CENTERLINE TO A POINT. SAID POINT BEING THE INTERSECTION OF SAID CENTERLINE AND THE NORTHERLY r. PROLONGATION OF A LINE LABELED AS BEING 375 FEET IN LENGTH,AS DEPICTED ON THE PLAT ENTITLED"RIVER CLUB", AS RECORDED IN PLAT BOOK 12, PAGE 64, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTHERLY, ALONG SAID PROLONGATION,AND SAID LINE LABELED AS BEING 375 FEET IN LENGTH,AS DEPICTED ON THE PLAT ENTITLED"RIVER CLUB", AS RECORDED IN PLAT BOOK 12, PAGE 64, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA,TO A POINT IN THE NORTH BOUNDRY LINE OF SAID PLAT OF"RIVER CLUB"; THENCE EASTLERY,ALONG SAID NORTH LINE, TO ITS INTERSECTION WITH THE WEST SHORELINE OF THE INDIAN RIVER LAGOON; THENCE RUN NORTHWESTERLY, ALONG SAID SHORELINE OF THE INDIAN RIVER LAGOON,TO ITS INTERSECTION WITH THE CENTERLINE OF COUNTY ROAD 510; THENCE RUN NORTHEASTERLY, ALONG SAID CENTERLINE OF COUNTY ROAD 510, TO ITS INTERSECTION WITH THE CENTERLINE OF WABASSO BEACH ROAD (SAID ROAD STILL BEING COUNTY ROAD 510, AND ALSO KNOWN AS 93RD STREET); THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF WABASSO BEACH ROAD, TO ITS INTERSECTION WITH THE MEAN HIGH-WATER LINE OF THE ATLANTIC OCEAN; THENCE RUN NORTHWESTERLY, ALONG SAID MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN, TO THE NORTH BOUNDARY LINE OF INDIAN RIVER COUNTY(PER FLORIDA STATUTES 7.31); THENCE RUN SOUTHWESTERLY, ALONG SAID NORTH LINE OF INDIAN RIVER COUNTY, TO ITS INTERSECTION WITH THE NORTHERLY PROJECTION OF THE WEST SHORELINE OF THE INDIAN RIVER LAGOON, AND THE POINT OF BEGINNING. COMMISSION DISTRICT NUMBER 3 LEGAL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE DISTRICT NUMBER 3(THREE) SHALL BE ALL OF THE TERRITORY WITHIN THE FOLLOWING BOUNDARIES• BEGIN AT THE INTERSECTION OF THE CENTERLINE OF 66TH AVENUE AND 41ST STREET (ALSLO KNOWN AS SOUTH GIFFORD ROAD)AND RUN EASTERLY, ALONG SAID CENTERLINE OF 41ST STREET,TO ITS INTERSECTION WITH THE WESTYERLY RIGHT-OF- WAY LINE OF THE FLORIDA EAST COAST RAILWAY; THENCE SOUTHEASTERLY, ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY, TO ITS INTERSECTION THE WESTERLY PROLONGATION OF THE CENTERLINE OF 37TH STREET; THENCE EASTERLY, ALONG SAID PROLONGATION, AND THE CENTERLINE OF 37TH STREET TO ITS INTERSECTION WITH THE CENTERLINE OF U.S. HIGHWAY NO. 1; THENCE SOUTHEASTERLY, ALONG SAID CENTERLINE OF U.S. HIGHWAY NO. 1, TO ITS INTERSECTION WITH THE CENTERLINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT MAIN RELIEF CANAL; THENCE WESTERLY, ALONG SAID CENTERLINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT MAIN RELIEF CANAL, TO ITS INTERSECTION WITH THE CENTERLINE OF THE FLORIDA EAST COAST RAILWAY; THENCE SOUTHEASTERLY, ALONG SAID CENTERLINE OF THE FLORIDA EAST COAST RAILWAY,TO ITS INTERSECTION WITH THE CENTERLINE OF 12TH STREET (ALSO KNOWN AS ROSEDALE ROAD); THENCE RUN WESTERLY,ALONG SAID CENTERLINE OF 12TH STREET TO ITS INTERSECTION WITH THE CENTERLINE OF 27TH AVENUE(ALSO KNOWN AS EMERSON AVENUE); . THENCE RUN SOUTHERLY,ALONG SAID CENTERLINE OF 27TH AVENUE, TO ITS INTERSECTION WITH THE CENTERLINE OF 1ST STREET S.W. (ALSO KNOWN AS R.D. CARTER ROAD); THENCE RUN WESTERLY, ALONG SAID CENTERLINE OF 1ST STREET S.W., TO ITS INTERSECTION WITH THE CENTERLINE OF 58TH AVENUE(ALSO KNOWN AS KINGS HIGHWAY); THENCE RUN SOUTHERLY, ALONG SAID CENTERLINE OF 58TH AVENUE, TO ITS INTERSECTION WITH THE SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY(PER FLORIDA STATUTES 7.31), BEING THE TOWNSHIP LINE BETWEEN TOWNSHIPS 33 AND 34 SOUTH; THENCE RUN WESTERLY, ALONG SAID SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY, ALONG SAID DIVIDING LINE BETWEEN TOWNSHIPS 33 AND 34 SOUTH,TO THE SOUTHWEST CORNER OF THE BOUNDARY OF INDIAN RIVER COUNTY (BEING THE DIVIDING LINE BETWEEN RANGES 35 AND RANGE 36 EAST); THENCE RUN NORTHERLY, ALONG THE BOUNDARY LINE OF INDIAN RIVER COUNTY (ALSO BEING THE DIVIDING LINE BETWEEN RANGES 35 AND 36 EAST), TO THE NORTHEAST CORNER OF SECTION 1,TOWNSHIP 33 SOUTH, RANGE 35 EAST; THENCE RUN, STILL ALONG THE BOUNDARY LINE OF INDIAN RIVER COUNTY, ALONG THE TOWNSHIP LINE DIVIDING TOWNSHIPS 32 AND 33 SOUTH, RANGE 35 EAST,TO THE RANGE LINE DIVIDING RANGES 34 AND 35 EAST; THENCE RUN NORTHERLY ALONG SAID RANGE LINE, STILL ALONG THE BOUNDARY LINE OF INDIAN RIVER COUNTY, TO ITS INTERSECTION WITH THE CENTERLINE OF STATE ROAD 60; THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF STATE ROAD 60, TO ITS INTERSECTION WITH THE CENTERLINE OF 66T"AVENUE; THENCE RUN NORTHERLY, ALONG SAID CENTERLINE OF 66TH AVENUE, TO ITS INTERSECTION WITH THE CENTERLINE OF 41ST STREET(ALSO KNOWN AS SOUTH GIFFORD ROAD), AND THE POINT OF BEGINNING. COMMISSION DISTRICT NUMBER 4 LEGAL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE DISTRICT NUMBER 4 (FOUR) SHALL BE ALL OF THE TERRITORY WITHIN THE FOLLOWING BOUNDARIES: BEGIN AT THE INTERSECTION OF THE CENTERLINE OF U.S. HIGHWAY NUMBER ONE AND THE CENTERLINE OF 12TH STREET AND RUN SOUTHEASTERLY, ALONG SAID CENTERLINE OF U.S. HIGHWAY NUMBER ONE, TO ITS INTERSECTION WITH THE SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY(PER FLORIDA STATUTES 7.31),BEING THE DIVIDING LINE BETWEEN TOWNSHIPS 33 AND 34 SOUTH; THENCE RUN WESTERLY,ALONG SAID SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY, BEING THE DIVIDING LINE BETWEEN TOWNSHIPS 33 AND 34 SOUTH,TO ITS INTERSECTION WITH THE CENTERLINE OF 58TH AVENUE (ALSO KNOWN AS KING'S HIGHWAY); THENCE, LEAVING SAID SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY, RUN NORTHERLY, ALONG SAID CENTERLINE OF 58TH AVENUE,TO ITS INTERSECTION WITH THE CENTERLINE OF 1ST STREET S.W. (ALSO KNOWN AS R.D. CARTER ROAD); THENCE RUN EASTERLY,ALONG SAID CENTERLINE OF 1ST STREET S.W., TO ITS INTERSECTION WITH THE CENTERLINE OF 27TH AVENUE(ALSO KNOWN AS EMERSON AVENUE); THENCE RUN NORTHERLY,ALONG SAID CENTERLINE OF 27TH AVENUE,TO ITS INTERSECTION WITH THE CENTERLINE OF 12TH STREET(ALSO KNOWN AS ROSEDALE ROAD); THENCE RUN EASTERLY,ALONG SAID CENTERLINE OF 12TH STREET,TO ITS INTERSECTION WITH THE CENTERLINE OF U.S. HIGHWAY NUMBER ONE, AND THE POINT OF BEGINNING. COMMISSION DISTRICT NUMBER 5 LEGAL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE DISTRICT NUMBER 5 (FIVE) SHALL BE ALL OF THE TERRITORY WITHIN THE FOLLOWING BOUNDARIES: BEGIN AT THE INTERSECTION OF THE WEST SHORELINE OF THE INDIAN RIVER LAGOON AND THE CENTERLINE OF COUNTY ROAD 510 AND RUN NORTHEASTERLY, ALONG SAID CENTERLINE OF COUNTY ROAD 510 TO ITS INTERSECTION WITH THE CENTERLINE OF WABASSO BEACH ROAD (SAID ROAD STILL BEING COUNTY ROAD 510, AND ALSO KNOWN AS 93RD STREET); THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF WABASSO BEACH ROAD,TO ITS INTERSECTION WITH THE MEAN HIGH-WATER LINE OF THE ATLANTIC OCEAN; THENCE RUN SOUTHEASTERLY, ALONG SAID MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN, TO ITS INTERSECTION WITH A LINE LYING 45.22 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO,THE TOWNSHIP LINE DIVIDING TOWNSHIPS THIRTY- THREE AND THIRTY-FOUR SOUTH; THENCE WEST, PARALLEL WITH, AND 45.22 FEET SOUTH OF SAID TOWNSHIP LINE, TO THE WEST RIGHT-OF-WAY LINE OF STATE ROAD A1A; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE TO THE INTERSECTION OF SAID RIGHT-OF-WAY LINE AND THE NORTH LINE OF LOT 25, PLAT OF KANSAS CITY COLONY, AS RECORDED IN PLAT BOOK 4, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID NORTH LINE OF LOT 25 LYING 150 FEET NORTH OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE TOWNSHIP LINE DIVIDING TOWNSHIPS THIRTY-THREE AND THIRTY-FOUR SOUTH; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 25 TO THE EASTERLY MEAN HIGH WATER LINE OF ROUND ISLAND CREEK; THENCE MEANDERING SOUTHEASTERLY ALONG SAID MEAN HIGH WATER LINE TO ITS INTERSECTION WITH THE TOWNSHIP LINE DIVIDING TOWNSHIPS THIRTY-THREE AND THIRTY-FOUR SOUTH; THENCE WEST ON SAID TOWNSHIP LINE, TO ITS INTERSECTION WITH THE CENTERLINE OF U.S. HIGHWAY NUMBER ONE; THENCE, LEAVING SAID SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY, RUN NORTHWESTERLY, ALONG SAID CENTERLINE OF U.S. HIGHWAY NUMBER ONE, TO ITS INTERSECTION WITH THE CENTERLINE OF 12TH STREET (ALSO KNOWN AS ROSEDALE ROAD); THENCE RUN WESTERLY,ALONG SAID CENTERLINE OF 12TH STREET,TO ITS INTERSECTION WITH THE CENTERLINE OF THE FLORIDA EAST COAST RAILWAY; THENCE RUN NORTHWESTERLY,ALONG SAID CENTERLINE OF THE FLORIDA EAST COAST RAILWAY, TO ITS INTERSECTION WITH THE CENTERLINE OF 37TH STREET; THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF 37TH STREET,TO ITS INTERSECTION WITH THE CENTERLINE OF 17TH AVENUE; THENCE NORTHERLY, ALONG SAID CENTRLINE OF 17TH AVENUE, TO ITS INTERSECTION WITH THE CENTERLINE OF 39TH STREET; THENCE WESTERLY, ALONG SAID CENTERLINE OF 39TH STREET,TO ITS INTERSECTION WITH THE CENTERLINE OF U.S. HIGHWAY NO. 1; THENCE NORTHWESTERLY, ALONG SAID CENTERLINE OF U.S. HIGHWAY NO. 1,TO ITS INTERSECTION WITH THE CENTERLINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT NORTH RELIEF CANAL RIGHT-OF-WAY; THENCE NORTHEASTERLY AND EASTERLY,ALONG SAID CENTERLINE TO A POINT. SAID POINT BEING THE INTERSECTION OF SAID CENTERLINE AND THE NORTHERLY PROLONGATION OF A LINE LABELED AS BEING 375 FEET IN LENGTH, AS DEPICTED ON THE PLAT ENTITLED"RIVER CLUB", AS RECORDED IN PLAT BOOK 12, PAGE 64,OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTHERLY,ALONG SAID PROLONGATION, AND SAID LINE LABELED AS BEING 375 FEET IN LENGTH, AS DEPICTED ON THE PLAT ENTITLED"RIVER CLUB",AS RECORDED IN PLAT BOOK 12, PAGE 64, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, TO A POINT IN THE NORTH BOUNDRY LINE OF SAID PLAT OF"RIVER CLUB"; THENCE EASTLERY, ALONG SAID NORTH LINE, TO ITS INTERSECTION WITH THE WEST SHORELINE OF THE INDIAN RIVER LAGOON; THENCE RUN NORTHWESTERLY, ALONG SAID SHORELINE OF THE INDIAN RIVER LAGOON, TO ITS INTERSECTION WITH THE CENTERLINE OF COUNTY ROAD 510,AND THE POINT OF BEGINNING. • Treasure Coast Newspapers PART OF 113E USA TOD.AYNFTWORK Indian River Press Journal 1801: U.S. 1,Vero Beach, FL.32960 it, .r,,.*,...i, t,e Iv 1,;:-.rr"F AFFIDAVIT OF PUBLICATION i. 41,g,_. :,.�;x ii ; I DEC 2&12021 INDIAN RIVER COUNTY ATTORNEYS OFFICE 1801 27TH ST COUN F AT-I-0 RNY'S VERO BEACH, FL 32960 OFFICE. ATTN NADIA WESTERIK STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared,said legal clerk,who on oath says that he 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 period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that`she tial 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 or -advertisement; 1211512021;'1212212021 Subscribed and sworn to before on December 22nd,2021 <�..L.� `mss "�/ Notary, ,tate ••" ,tounty;own Mycommissi� Aires Publication Cost: $1,890.00 NANCY HEYRMAN "±, Ad No:G00790134 1 Notary Public CustorrierNo:461741 '' State of Wisconsin s, Pb#: PUBLIC NOTICE • • • NOTICE OF COUNTY'COMMISSION DISTRICT BOUNDARIES THENCE RUN SOIITHWESTERLY,ALONG MO CENTERLINE OF COUNTY ROAD 5T2-EASTBOUND;TO ITS THENCE RUN NORTHERLY,ALONG SATO CENTCRl1NCOF 00111 AVENUE:TO ITS INIEHSECTION WITH INTERSECTION WITH IHC CENTERLINE OF'.COUNTY ROAD 512-WESTBOUND; O TCE IS HEREBY GIVEN of Nd Indian River County CoMmissidn District Boundaries,adopted an THE CENTERLINE OF 41ST STREET(ALSO KNOWNAGSOUDI GIfFOROROAD),ANOTHf.:POINT OF ember 7,2021: " THENCE REIN SOUIHLVESTERLY,ALONGTHE CENTERLINE OF COUNTY ROAD 51270 INTERSECTION. BEGINNING. INDIAN RIVER COUNTY BOARD OF COUNTY' WITHIN;CENTERLINE OF LACONTA'STREET(BRING THE WEST UNE OF SEBASTIAN HIGHLANDS UNIT B, COMMISSION DISTRICT NUMBER4 COMMISSIONERS A:SO BOOSTHF.WEST LINE OF SECTION Q 3,TOWNSHIP3I SOUTH,RANGE;36 EAST): -- THENCE RUNSQUTHERLY,ALONGSAID CENTERLINE OFtACONIASTREECTOTHE NORTH LINE OF TIRE :LEGAL DESCRIPTION OE COUNITYCOMMISSIONOOARO MEMBER RESIDENCE DISTRICT NUMBER 4 PETER D.O'8RYAN,CHAIRMAN. SOUTHWEST 1/4 OF SECTION 25,TOWNSHIP 31 ROOTH,'RANGE38 EAST(SAID POINT LYING ON THE (Fsuo 5RALL BEALL OFTRE TERRITOBYWITIINTHE FOLLOWING BOUNDARIES _ SEBASTIAN CITY LIMITS LINE); .._ '[" ; ". 13 BEGIN ATTHF.INTERSECTION OF THE GENTERUNE OF U,S.HIGHWAY.NUMBER ONE AND THE :aro , � A �� L' r THENCE RUN EASTEOLY,:ALONG SATO SEBASTIAN CRY LIMITS LINETO A POOR POINT BEING ru.+.. 1 �S 1 li WHETTEIHC SEBASTIAN•:CITY LIMITS UNETURNS SOLIDI);. CENTERLINE OF 12TH STREET AND RUN SOUTHEASTERLY,ALONG SAID CENTERLINE OPUS.HIGHWA _-- -'-"""'"" --• r :,..,1.----..24=.-f.--. THENCE RUN SOUTHERLY ALONG THE SMU SEBASTIAN CITY WAITS LINE,AND ITS SITURERLY NUMBER ONE.TO RS INTERSECTION%COME$OURI BOUNDARY LINE,OF!NOM RIVERCOUNTY:(P PROLONGATION TO THE.CENTERLWEOF COUNTY.ROAD 510(ALSO KNOWN AS 85TH SIKER( FLORIDA STATUTES 7,31),BENGTRE DIVIDING LINE BETWEENTOIYNSHIPS 33 AND34;SOUTH; r - • 11 21 ;.1 THENCERIIN EASTERLY,`ALONG SAID CENTERLINE OFSAIO COUNTY ROAD 510,TO ITS INTERSECTION. T1IENCEOUN WESTERLY,ALONG SAID SOUTH BOUNDARY UNE OF INDIAN RIVER COUNTY,BEING 711E L '/ t. I WITHTHE CENTERLINE OF 66TH AVENUE; • • • i' F / DM DING LINE RF.TWEFNTOWNSTIO,33AN034 SOUTH„TO ITS INIERSECOONWITH THE CENTERUI 1• _ _ \` `-, THENCERUNSOUOIERLY,ALONGTHE SAIDCEN1ERUNE OF 65TH AVENUE:TO ITS INTERSECTION WITH op Egli AVENUE(ALSO KNOWN AS:IONG'S HIGHIVAY), '- ..- THE CENTERLINE Of 41ST SWEET(ALSO KNOWN AS SOMI GIFFORDROAO): THENCE,LEAVING SAID SOUTH BOUNDARY UNE Of INDIAN RIVER COUNTY RUN NORTHERLY ALONG t' v THENCE EASTEBLY,'ALONGTIE CENTERLINE OF 41ST SIREET,TO ITS INTERSECTION WITH THE - ' + • [ ) e; li'',4,•:,,,,-,:-..' WESTERLY RIGHT-OF-WAY UNE OFTHE FLORIDA EAST COAST RNLRWAN, SAID CENTERLINE OF 58RIAVFNIA,T9 ITS INTERSECTi0,YWIRL DIE CENTERLINE OF IST STREETS .\. t t 7 THENCESOUTHF.ASTEftLYRLOES0710 WESTERLY WGHT-OF-WAY UNE OF 1110 FLORIDA.BUST COAST SOLOS KNOWN AS:RD CARTER ROAM \r - - :.4 , T RAILWAY TO ITS INTEBSEC00NTHEWESIERLY PROLONGATION OF THE CENTERLINE OF 37111 SWEET; THENCE RUN EASTERLY,ALONG SAID CENTERLINE OF 1ST STREET SNI,TO ITS INTERSECTION WITH "-�1 --.i I n a. I . THENCEEASTERLY;ALONG SAID PROLONGATION,AND'DIE CENTERLINE OF 37111 STRFEETO'ITS THE CCNTERUNE OF 27TNAVEM1E(4100 KNOWN AS EMERSON AVENUE); 11:” 1:I. .71-"'"`I s �-� c INTERSECTION WITH THE CENTERLINE OF 17TH AVENUE; f THENCE NORTHERLY.ALONGSAIDCENTRUNEDF17TIIAVENUE,TOITSINTFJTSECTIONWITHTHE THENCE RUN NON10FITLY,ALONG5AIUCENTERUNEOF27THAVETIUE;TOITSINTERSECTIONWfTHT '��" 1 I 1 - °°( CF.NTF.RIJNE OF12TH STREET(ALSO KNOWN AS,ROSEOALE ROAD); ��t vSs CEtRERUNE OF 39TH STREET; F -- t'--' -" ,1',74'. THENCE WESTERLY,ALONGSAIO CENTERLINE OF 39TH.STREET,TOUTS INTERSECTION WITH THE THENCERUN EASTERLY,ALONG SND CENTERLINE OF 12MSTREET,TO ITS INTERSECTION WITH THE %^ "^-•�^—'`"^- --••^' C(t7TENLINE,OFU.S.HIGHWAY NO.t; CEOLTERUNE OF U.5 HIGHWAY NUMBER ONE,ANpTHE POINT OF BEGINNING. dMIS51ONDISTRICT NUMBER I THENCE NORTHWESTERLY,ALONG SAID CENTERLINE OP US.HIGIIWAYNO.1,10ITS INTERSECTION COMMt5510N DISTRICT NUMBFA5 AL DESCRIPTION OFCOUN7Y COMMISSION BOARD MEMBER EIESIOENCEOISTWCTNUMBER1 IJON THE CENTERLINE.OF 11E INDIAN ANERFARATSWATER CONTROL DISTRICT NORTH EEUEF.CANAL - .. - -- - E)SHALL BE ALL OF THETERRITORY WITHIN THE EOLLOYANG BOUNDARIES: RIGHT-Of'WRY LEGAL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE OISiRICTNUMBER5 TN ATTR;INTERSECTION OE THE NORTH BOUNDARY LINEOFINDIAN RIVERCOUNTI;FLORIDA(PER TTIFNOE NORIHEASTEHLY AND EASIEBLY,ALONG SNO;CENTERLINETO A POOR;SAID POINT BEING (EWE)SHALL BE ALL OF THE TERRITORY WITHIN THE FOLLOWING BOUNDARIES: AIDA STAINES SECTION 7,31)IYITN THE NORTHERLY EXTENSION OF EXTENSION ST SHORELINE OF AS THE iE100 375 P00TION OF LENGAID TH, BS DEPICTED ON THE PLAT E TI LED"RIVER C OFA UNE LABELED SHORELINEEETHE- INDIAN RIVER LAGOON,MEI RUN,SOUTHEASTERLY,ALONG SAID EXTENSION LINE;1LITHE:WEST FLATBG375FEET OFTH,ABBLICRECODS O PLAT ENTITLED COUNTY, GLORIA;RECORDED IN CENTERLINE EE INTERSECTIONOF510 AND THIN SAID CENTERLINE THE IREUNE OP THE.INDIAN RIVER LAGOON; PLAT BOOK I2,PAGE 64,OFTHE PUBLIC RECORDS OF INDIAN RNFA COUNTY,FLORIDA; CENTERLINE OF COUNTY ROAD 5TH INDRUN NORTHEASTERLY,ALONG SAID CENIERUNE OF COUNT NCERUN SOUTHEASTERLY,ALONG SND WEST SHORELINE,TOITS INTERSECTION WITH THE: THENCE SOUTHERLY,ALONG SAID PROLONGATION,AND SILO LINE LABEL.EDAS BEING 375 FEET IN ROAD 510 TO ITSINTERSE.CTIONWITH THE CENTERUNE OF IYABASOO BEACHH ROAD 1510 ROAD STI `.TFAUNT OF SEBASTIANDOULEVAR ORDER TB PLAT BOOK 1, BETWEEN BLOCKS 5 AND 7 LENGTH,AS DEPICTED ON TIE PLAT ENTITLED"RIVER L,FLORIDA;S RECORDED IN PLAT BOOK 12;PAGE. BEING COUNTY ROAD 510,150 ALSO KNOWN AS 93013 STREET); THE PEAT OF EDGEWATER PARK RECOROEO IN PIAT BOOK I,PAGE 23 OF THE PUBLIC RECORDS OF UNE OF SIO PLAT R CLUOP 'IAN:flIVER COUNTY E.OR• TOAPpINTINTHE;NORTII HOUNORY AN RIVER COUNTY,,FLOINDA; LNEOF SAID PIAT OF"RMA CLUB'; THENCE RUN EASTERLY,ALONG SAID CLTNTEI8INE OR WA8ASS0 REACTS ROAD,TO ITS @1TI:RSEL'TTOt. NCE BUN SOUTIWVESTERY•ALONG SMD CENTERLINE OFSEBASTIN BOULEVARD,TOITS THENCE EASILERY,ALONG SAIDNDTHII UNE,TO ITSINTERSECTIUN WOTNTHE}VEST SHORELINE OF' , WM. THE ME7W IIIGII-WATER UNE SF THE ATLANTIC OCEAN; .RSECTION WITH THE CENTERLINE OF;U,S.HIGHWAY NUMBER ONEANDTHE;CFMERUNE OF THE7Ni5751OldEI GOON; THENCE RUN SOUTHEASTERLY,AEONGSAID MEM IGH WATER LINE OF THE ATLANTIC OCEAN,TO.E NTT ROAD512;EASTBOUND(ALSOIWOWNASSEBASTIAN BOULEVARD); THENCERUN NORTHWESTERLY.ALONGSAID SHORELINE ORES INOIANBIVER LAGOON,TO ITS INTERSECNONW'ITHA UNC LYING 4522 FEET SOUTH OF,AS MEASURED AT RIGHT AMPLEST)),THE NCE RUN SOUTHWESTERLY,ALONG SATO CENTERLINE OF COUNTY ROAD 512•EAST000NO,TU ITS INTERSECTION WITH IHF.,CENTF.RUNE OFCOUNTY ROAD 5101_ 10; TOINSEOPLINE 0MOINGTOWNSIDPS111IRTY-THREE AND THIRTY-FOUR SOUTH; HISF,CTION WITH THE CENTERLINE."OF COUNTY ROAD 612-WESTROUND; THENCE RON NURTHEA$TERLY,ALONG SAID CENTERLINE OF COUNTY ROAD 510,TOITS INTERSECTION NCE"RUN SOUTHWESTERLY A.ON65AI0 CENIEHUNE OF COUNTY ROAD 512 TO ITS INTERSECTION THE CENTCRUNEOFWrLL O BEACH ROAD(SAID ROAD STIBEINO COUNTY ROAD 510,AN0 THENCE WEST,PAFALLRL WITH;AND 45,22 FEET SOUTH OF 5140 TOWNSHIP 1INE;TO THE WEST.RIG', H THCENTEHUNE OF LACONIA STREET(BEING THE WEST'UNE OF SEBASTIAN IIIGHLANOS:UNIT 8: AL5QKNpWN 1593RD SIRE OF-WAY LINE OF STATE ROAD ALA} E. O BEING THE WEST UNE-OF SECTION 13 TOWNSHIP 31101RH,RANGE 38 EAST);. THENCE RUN EASTEALY,ALONG SNO CBITENUNE'OF WARASSO BEACH ROAD,TOITS TN!tribe!: THENCE NORTHWESTERLY ALONG MD RIGHT-OF-WAY UNETO THE INTERSECTION.OFSAID RIGHT- PATH THE MEAN HIGH-WATER LINE OF TII£ATLANTIC OCEAN;: OF-WAY LINEANO THE NORTH LINE SOF LOT 2S.FLAT.OF KANSAS CITY COLONY,. AS RECORDED IN PI, NCE RUN SOIII ESECO25,TOW:CIIP 31 SOBER.NE OF,RTLSE 8EASTSTREET,TOOHENOR0I GOINE OF THE CB HU I NORTHWESTERLY,ALONG SAID MEAN HIGH WATER LINE°FIREARM=OCEAN,TO THE t111W(i5T 1!4 RESECTION 25,TOWNSHIP 3TSOUIH;RANGE 38.FAST(SA70 POINT LYING THE BOOK 4,PAGE 23,OF THE ROBING RECORDS OF SI LUCIE;COUNT,,FLORIDA,SNITNORTH LINE OF NORTH BOUNDARY.LINE&INDIAN RIVER COUNTY(PER FLORIDA STATUTES 7.31); ARRAN EA LIMITS LINE); LOT 25 LYING 150 FEET NORTHOF,ANO PARALLI WITH,AS MEASURED AT.NGHTANGLESIQ,THE NCE ETASTI LY,ALONG SPUDSEBASTUW'CITYUMITS UNE TOA POINT:ISAD POINT BEING TMENCEBUNSOU'IFiWESTFALY,-PLONGSAID NORTH TINE OF INDIAN RIVER COUNTY,TOPES TOWNSHIP LINE DMDINGTOIYNSIIIPSOORTY-OIISEEAND THIRTY-FOUR SOUTH; (RETIE SEBASTIAN CITY UMTS LINE'WRNS 5011711);. - INTERSECTION WAHINE NORTHERLY PROJECTION GENIE WEST.SHORELINE OF THE INDIAN RIVER LAGOON,AND THE POINT OF BEGINNING. 1EFNCF WF.STA.ONG.DIE NORTH LINE OF SAO LOT 25 TO THE EASTERLY MEAN HIOIT WATER LNPF.f NCERUN SOUTHERLYOIIOEN ENURE OFC SEBASTIAN DIDCITY ALLIMO NON 85TH5 STRESOUTIIEET), COMMISSION DISTRICT NUMBER ROUND ISLAND CREEK; LONGATION TO THE CENTERLINE COUNTYROAD 510(ALSO KNOWN AS STREET), NCERUN EASTERLY.ALONG SMO CENTERLINE OFSAID COUNTY ROAD510.TO ITS INTERSECTION 'LEGAL DESCRIPDON OF W UNITY CONd415SI0N BDAROMEMBER RESIDENCE GIST CCT,NUMBER 3 THENCE MEANDERING SOUTHEASTERLY ALONG SAID MEAN HIGH WATER LINE TOITS INTERSEGIIUTL 11111ECENTERLINEDF BETH AVENUE; - (THREE)SHALL BE All,OF7tIETFSNTORYW1TI11N 111E FOLLOWING BOUND .S. WITH THE TOWNSHIP LINE DIVIDING TOWNSHIPS THIRTY--THREE AND THIRTY-FOUR SOUTH;THENCE NCE RUN•SOUTHERLY,ALONG THE BARI CENTERLINE OFSGIH AVEHOE.10 ITS INTERSECTION PATH BEGIN AT'HE INTERSECRON OF THE CENTERLINE OF 66111 AVENUE AND 4TBISIRI'LLF(Ms°KNOWN 'vest DN SAIOTOWNSHIP IINF.,TD ITS INTERSECIION.WITH TH.fi CE FNIWE OFL.511100WA CENTERUNEOFSTATE ROAD 60(ALSO KNOWN NS 20711 STREET); ASSHE$CGIFFORD(MAGIAN')RUN EASTERLY,ALONG SAID CENTERLINE OF 41ST STREET;TO ITS Y, ItJTEfI$CTION IVITHTHEWfSTYERLY RIGHT-OFWAY UNE OFTHE FLORIDA EAST PO/ST RAILWAY., ;NUmBER ONE;:. NCE RUN WESTERLY,ALONG 550 CENTERUNE OF STATE ROAD BO,TS ITS INTERSECTION WITH THE THENCE SOUTHEASTERLY,ALONG SAID WESTERLY RIGlHT•OFWAY UNE OF FONDAHE NDA EAST COAST ` 17 BOUNDARY UNE OF INDIAN RIVER COUNTY(PER FLORIDA STATUTES SECTION 7,31).BEING THE THENCE,LEAVING SAID SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY,RUN NORTHWESTERLY,. SINSUSE BETWEEN RANGES 34 AND 351051, RAILWAY,TO RS INTERSECTION THEWESTERLE CEN YPROLONiATION Of TITERLINE OF 37TH STREET; MONGSNO CENTERLINE UP U:SHTGIIWAY NUMUERE,7Any- • NCE RUN NORTHERLY,STILL ALONG THE WEST BOUNDARY LINE OF INDIAN RIVER COUNTY,BEING 'THENCE EASTERLY,ALONG SAID PROLONGATION,AND THE CFNTERLINYOF 371HS11REET TO ITS CENTERLINE OF 12111 STREET(ALSO KNOWN AS ROSEDA,E ROAD); DNIDWG LINE BETWEEN RANGES 14 AND 35 EASE 100 POINT0VTHESOUTH UNE OF SECTION INTEASECT1ON WITH 711E C5dTEDUNEOF U.S'HI•GHWAXNOT; TOWNSHIP21301011;W1ypE3500AIL„_- _ THENCE_ THENCESOUTHEASTERLY,ALONG SAID CENTERLINE OF 0.5.HIGHWAY:NO 1.701T5 INTERSECTION THENCE NUN WESTERLY,ALONG SAID CENTERLINE OF 12TH STREET,11)ITS UITER$ECRON:WIIHIHI NCE WESTERLY STILL ALONG SAID YhSF,BUUNOA(IYUNE;OFIN',t)IM1 • ELIDE COUNT SAID WITH WE CENTERLINE OFTHE INDIAN RIVER FARMS WATER CONTROL DISTRICT MNN RELIEF CANAL; 'CENTERLINE OF THE FLORIDA EAST COAST RAILWAY; ?ALSO BEING THE SOUTH LINE OF:SILO SECTION 311,,70111E SOUTHWEST.CORNER OF SAID a -'� ,ALOTS SAID INTERSECTION OF THEINDIAN RIVER EMUS WATER CONTROL DISTRICT TIINNTER NNORTHWESTERLY, ORTH ESTERL,ALONG SATO CENTERLINE,OF THE FLORIDA EASTCOAST RAILWAY,.10 RON31; ENTERUNE OF THE FLORIDA EAST TERUNE OF-337TH STREET; NCE.RUN NORTHERLY,�SOLLALONG MD WEST BOUNDARY LINE OF INDIAN RIVER COUNTY,BEING RAILWAY; DIVIDING LINE BETWEEN RANGES 34.ANO 30 FASL TO THE NORRIWEST CORNER OF TOWNSHIP 31 THENCE SOUTHEASTERIYALONG SAIO.CENTERLINE OF THE FLORIDA EAST COASTRNLWAY,TO ITS THENCE RUN FASTEN.Y,ALONG SATO CFNTEOIIDE OF 271HSTAFET,TO ITS INTERSECTION WITH THE TH,RANGE 35E451; INIERSECRON WITH THE CENTERLINE OF 12111 STREET(ALSO KNOWN AS ROSEDALE ROAD)! CENTERLINE OF 17111 AVENUE; TICE RUN EASTERLY.,.DVPi THE NORTH BOUNDARY UNE OF!NOM 1110191 COIINTYALONGTHE. WINCE RUN WESTERLY,ALUNGSAID CENTERLINE OF 1211 STREETTD ITS INTERSECTION WITHTHE TFIENCE NORTHERLY ALONG SAID CEMRLINE OF 17111 AVENUE,TO ITS INTERSECTION wan THE. 'DING LUTE BETWEEN TOWNSHIPS 30 AND 31 SOUTH,TO THE?DINTWHERE SAID UNE INTERSECTS. CENIERUNE OF 27TH AVENUE(ALSO KNOWN AS EMERSON AVENUE);._ CENTERLINE.OF.39TH STREET H THE THREAD OF THE 5011T11F0RK OF THE SL SEBASTIAN RIVER; ' - THENCE SOUTHERLY, SAID.CENTF.RLINEOF27THAVENUE;TO ITS INTERSECTION WITH THE THENCE WESTEflLY,ALONG SAO CENTEAIINE OF 39TH STREET.TO ITS INIEAS£COONIVTTH THE NCE:RUN NORTHEASIERLY,ALONGTHE NOETHBOUNDAIYUNE'OF INDIAN RIVER COUNTY(71-50 CENTERLINE OF 1ST STREET S.W.)ALSOIUNOWN AS RO.CARTER ROAD); 7001E THREAD OF THE:SGIR11 FORK OFTHE SE SEBASTIAN OVERLIE TOE MAIN STREAM OF SAID THENCE RUN WCSTERLY,ALONG.SAID CENTERLINE OF TST STREET S.W,TO ITS INTE0S$ECTION WITH CETI• TERUNE OF U.S.HIGHWAY 50.1: aEBASTIAN RIVER; - • THE.CENTERLINE OF`SWIHAVENIIE.(ALS5 ISIOWN AS TONG'S HIGNWAS - THENCE NORTIIWESTERLY,ALONG SATO CENTERLINE OFU.S.IIIGIWAY NOT,10 ITS.INTERSECTION.. NCE CONTINUE NORTHEASTERLY,ALONG THE NORTH BOUNDARY LINE OFINOIAN EWER COUNTY THENCERUN SOUTHERLYALDNG SMO CENTEBUNEOF5B=AVENUE,10173 INTERSECTION WITH ;Wi7H7HE CENTERLINE 0E111E11401AN RIVER FARMS WATER CONTROL DISTRICT NORTH REUEF CAN. NG THETHREAD OF.THE St 5EBASTIAN RIVER),TO ITSINTERSECTIONWITH THE NORTHERLY THE SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY(PER FLORIDA STATUTES 7.31).BENG DIE •RICO/-OF-WAY; 'SECTION OF THE WEST SHORELINE OF THE INDIAN RIVER 1AG00N,AN0 THE POINT OF BEGINNING. TOWNSHIP LINE BETWEEN TOWNSHIPS 33 AND 34 SOUTH; OMISSION DISTRICT NUN18ER2 THENCE RUN WESTERLY,ALONG SND 5011111 BOUNDARY UNE OF INDIAN RIVEN COUNTY,ALONG E NORTHEASTERLY AND,EASTERLY,ALONG'MD CENTERLINE TO A POINT.SAID POINT BONG. Al:DESCRIPTION OF COUNTY COMMISSION BOARD NEATER RESIDENCE.DISTRICT NUMBER 2 SAID DM DING UNE BETWEEN TOWNSHIPS 33 NW 34 SOUK TO DIESOUTIWEST CORNER OF THE THE INTERSECTION OF SAID CENTERUNE AND THE NORTHERLY PROLONGATION OF A LINEIABELEO 0)SHALL BE ALL OF THE TERRITORYWARON THE-FOLLUYANG BOUNDARIES:. BOUNDARY OF INDIAN RIVER COUNTY 0414401110 DIVIDING LINE BETWEEN RANGES.35 AND RANGE AS BUNG 376 FEET IN LENGTH,AS DEPICTED(AWE PLAT ENTITLED'RISER CLUB',AS RECORDED. 36 EAST); PLAT EERIE 12,PAGE 64.OF 100 FEHUC RECORDS OF INDIAN PlIER COUNTY,FLORIQA:, THATSTAUTESE INTERSECTION NORTHERLY ETENSONEFTHEWETSHF INDENT( 000ICOUNE OF THE 21ORIDA 104 THENCE RUN NORTHERLY,ALONG THE BOUNDARY UNE OF INDIAN RIVER COUNTY(ALSO BEING THE RIM STATU7E57.31)IYITH DIE NORHIEALY EXTENSION Of ION INN T5FIORELINE OFHORELI E THENCESOUTHERLY,ALONG SAID PROLONGATION,AND SAID LINE LABELEDAS BEING 375 FEET IN ,N LAGOON,ANDRUN GOON, THEASTERLY,ALONGi.SNO EXTENSION UNE.TO THE WEST SHORELINE OF OMOING UNE BETWEEN RANGES 35AN036FASf),TO DIE NORTHEAST CORNER OF SECTION 1, INDIAN RIVER LAGOON; TOWNSIi4°33 SOUTH,FLANGE 35 EAST; LENGTH,AS OTPICTCD ONTHE PLAT ENTERED'RIVER.CLOS".AS RECORDED IN PLAT GOOK 12,PAG! NCE RUN SOUTHEASTERLY,ALONG MO WEST SHORELINE.TO ITS INTERSECDON VHTH DE THENCE RUN,STILL ALONG THE BOUNDARY LINE OF INDIAN RIVERCOUNTY,ALONG THE TOWNSHIP 64,DFTHE PUBLICRECORUS OFINOIAN RIVER COUNTY.FLORIDA.10 ARGON INTRO NORTH BOUND )IERLINE OF SEBASTIAN BOULEVARD(LABELED AS'STREET").LYING BETWEEN BLOCKS 5 AND 7 UNE 011/0105 TOWNSHIPS 32 AND 33 SOUTH,RANGE 35 EAST,TO THETTANCE LINE 0/111106 RANGES UNE OF SAID.PLATOF"RIVER CLUB"; THE PLAT OF EDGEWATER PARK RECORDED IN PLAT BOOK 1,PAGE23 OHNE PUBLIC RECORDS OF 341110 SSEASY; THENCETASTLERYALON SAIQ NORTH LINE,TO.ITB INTERSECTION VAIN THE WEST SHORELINE AN RIVER COUNTY,FLORIDA; THRICE RUN NORTHERLY ALONG ENO ANISE LINE,STILLALONG THE BOUNDARY UNE OF INDIAN THE CE.EANo*HNERIAGOON; NCERUN SOU UMESTEHY ALONG SAID CENTERLINE OF SEBASTIAN BOULEVARD,TO RS RIVER COUNTY,TO ITS INTERSECTION HAIH THE CENTERLINE OF STATEAOA0 60;- :RSECTIONWITHTHE CENTERLINE OF US.HIGHWAY NUMBER ONE AND THE CENTERLINE.Of THENCE RUN EASTERLY,ALONG SATO CENTERLINE OT STATE ROAD 60,7E/ITS INTERSECTION WITH THE. 'THENCE RUN NOIIOIWESTERLY,ALONG SAID SHOREUNE OF THE INDIAN RIVER LAGION TO ITS .TREY ROAD 512-EASTBOUND KNOWN AS,SEB(STIAN BOULEVARD)'. CENTERLINE OF:G6T1(AVENUE;- INTERSECTION THE CENTERLINE OF COUNTY 510,AND THE POINT OF BEGINNING. (0 ie ° sWI. '.USP '+ePV7Ne'-Ftlih Gannett Co the. fv.° , ' fi x z k .., GANNETT; 435 E.Wa nut Street Green Say,WI 54301 : tP 64313 $ 000 - T4 02 4T4 r. aQic e..0 00QS•37oe6 DEC 23 021 EL "2 0 COUN-rtA RNE' + OFFICE '."*.', PR O CLAMA TION HONORING JAMES W. O'NEAL ON HIS RETIREMENT FROM THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITY SER VICES, WATER DISTRIBUTION WHEREAS, James W. O'Neal retires from the Indian River County Water Distribution effective December 31, 2021; and WHEREAS, James W. O'Neal began his career with Indian River County on December 8, 1989, as a Maintenance Worker 3 in Public Works/Road and Bridge. On June 3, 1994, he transferred to the Department of Utility Services as a Meter Reader. He then promoted to Water Distribution as a Utilities Service Worker on October 6, 1995, and was promoted again to Utilities Crew Leader on February 24, 2006, where he continued in that capacity until his retirement, and WHEREAS, James W. O'Neal has served this County and the Public with distinction and selflessness. During his 32 years of service, he was dedicated, and his work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds James W. O'Neal's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River Countyfor the last 32 years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 14th day of December, 2021. BOARD OF COUNTY COMMISSIONERS IND]AN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman 3 7� Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: December 2, 2021 Informational Item To: Jason E. Brown, County Administrator From: Matt Jordan, Interim Director of Utility Services Thru: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Susan Flak, Recycling Education and Marketing Coordinator, SWDD Jill H. Brown, Recycling Specialist, SWDD Subject: Closure and Collection Service Changes for the Christmas and New Years Day Holidays In observance of the Christmas and New Year's Day Holidays, the Main County Landfill and the five Customer Convenience Centers will be closed on Saturday, December 25, 2021, and Saturday, January 1, 2022. The chart below provides information regarding collection services in unincorporated county and the municipalities. Residents may visit the Solid Waste Disposal District website at https://www.ircgov.com/recyclingandgarbage/ for more information. Location Garbage and Yard Waste Services Recycling Services Unincorporated IRC No Changes City of Fellsmere City of Sebastian No Changes There will be no pick up on Thursday, December 23rd and Friday, December 20 — Pick up will be on your next scheduled day. No Changes City of Vero Beach There will be no pick up on Friday, December 31" _ Pick up will be on your next scheduled day. If you have questions regarding your service schedule, please call the City of Vero Beach at 978-5300. Town of Orchid No Changes Indian River Shores No Changes SWDD Agenda - Page 14 �vER co 746 G2 �CORIO�' Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar Twilight Night Shoots! December- Thursdays @ IRC Shooting Range and Clays Facility • 5-9pm- Night Shooting is BACK by Popular Demand at the Shooting Range! Commissioner O'Bryan's: S. County Community Meeting Jan 3 @ iG Center - Rm I I 2 • 5:30-7pm- One on one with Commissioner Peter O'Bryan Mat Pilates w/ Beth Nolan starts January 4th @iG Center www.ircgov.com/parksandrecreation • 9:15am- 10:15am Tuesdays and Thursdays Cost $12 per class Body Sculpting w/ Crystal Divers starts January 4th @ iG Center www.ircgov.com/parksandrecreation • 5:OOpm- 6:OOpm Tuesdays and Thursdays Cost $10 per class Gun Show by Patriot Productions www.patriotproductions.com Jan8-9 @ IRC Fairgrounds: • 9am-5pm, SAT & 10am-4pm SUN. Admission is $8. FREE Active Adult Speaker Series by IRC Senior Collaborative, IRCSO & IRC Parks & Rec. Jan 12 @ iG Center or via ZOOM Online! www.ircgov.com/parksandrecreation • l Dain — 11:30am, Part 4 of a 6 Part Series. Today's Topic will be Transportation Home Show by Patriot Productions www.patriotproductions.com Jan 15-16 @ IRC Fairgrounds • 9am-5pm, SAT & I Oam-4pm SUN. Admission is Free. Youth Winter Basketball Games Begin! Jan 15 @ iG Center Vero Beach Antiques Festival Jan8-9 @ IRC Fairgrounds: • 12pm- 5pm Friday 9am-5pm, SAT & 9am-4pm SUN. Admission is $8- $15 5 Winter Wonderland Concert @ North County Library www. libraries. i rcgov. co m • 6:00 pm — 7:00 pm. Tuesday, December 141 Free Event The Best Breakfast Ever! With Chef Warren Caterson @ Brackett Library www. libraries.ircgov.com • 6:00 pm — 7:00 pm, Tuesday, January 11, 2022 Free Event R 7r 2022 COMMITTEE ASSIGNMENTS BY COMMISSIONER SUSAN ADAMS — District 1 1. Metropolitan Planning Organization (Monthly, 2nd Wednesday at 10:00 am) 2. Treasure Coast Regional Planning Council (Bi -Monthly, 3rd Fri at 9:30 am) 3. Indian River Lagoon National Estuary Program, Board of Directors (Bi -Monthly, 2nd Friday at 9:30 am) 4. Florida Association of Counties - Agriculture and Rural Affairs Committee - Chair (as needed) 5. Workforce Development Consortium of the Treasure Coast (designated by BCC Chairman; One meeting in July and as needed) 6. Agriculture Advisory Committee (Quarterly, 411 Thursday at 2:00 pm) 7. Affordable Housing Advisory Committee (4t" Wednesday Even Months at 9:00 am) JOSEPH E. FLESCHER — District 2 1. Metropolitan Planning Organization (Monthly, 2nd Wednesday at 10:00 am) 2. Value Adjustment Board (2x per year) 3. Audit Selection Committee (Last Meeting held in 2020; Every 5 years) 4. Tourist Development Council (designated by BCC Chair; Quarterly, 3rd Wed at 2:00 pm) 5. School Planning Elected Officials Oversight Committee (BCC Chairman or designee serves, once annually) 6. Public Safety Council for Criminal Justice, Mental Health and Substance Abuse (BCC Chairman or designee; as needed) 7. Indian River Lagoon National Estuary Program Board of Directors - Alternate (Bi - Monthly, 2nd Friday at 9:30 am) 7 2022 COMMITTEE ASSIGNMENTS BY COMMISSIONER continued JOSEPH EARMAN — District 3 1. Metropolitan Planning Organization (MPO) (Monthly, 2nd Wednesday at 10:00 am) 2. Treasure Coast Regional Planning Council - Alternate (Bi -Monthly, 3rd Friday at 9:30) 3. Value Adjustment Board (2x a year) 4. Beach & Shore Preservation Advisory Committee (Monthly, 3rd Monday at 3:00 pm) 5. Transportation Disadvantaged Local Coordinating Board - BCC member serves as Chair; (Quarterly, 4th Thursday at 10:00 am) 6. Public Safety Coordinating Council (BCC Chairman or designee; as needed) 7. Treasure Coast Council of Local Governments — Alternate (Monthly, 1St Wed at 10am) 8. Medical Examiner's Advisory Task Force — Alternate (as needed — 10:00 am) PETER D. O'BRYAN — District 4 1. Metropolitan Planning Organization (Monthly, 2nd Wednesday at 10:00 am) 2. Treasure Coast Regional Planning Council (Bi -Monthly, 3rd Friday at 9:30 am) 3. Treasure Coast Council of Local Governments (Monthly, 1st Wed at 10:00 am) 4. Economic Development Council (Monthly, 3rd Tuesday at 3:30 pm) 5. Florida Association of Counties - Policy Leader on the Growth, Agriculture, Transportation, & Environment Policy Committee (as needed) 6. Florida Association of Counties — Policy Leader on Community & Urban Affairs Policy Committee (as needed) 7. St. Johns River Alliance (as needed) 8. Board of Trustees of Law Library (as needed) 9. Medical Examiner's Advisory Task Force (as needed) LAURA MOSS — District 5 1. Metropolitan Planning Organization (Monthly, 2nd Wednesday at 10:00 am) 2. Treasure Coast Regional Planning Council — Alternate (Bi -Monthly, 3rd Fri at 9:30 am) 3. State Housing Initiatives Partnership (SHIP) Loan Review Committee (as needed) 4. Juvenile Justice Circuit 19th Advisory Board (Monthly, V Wednesday at 8:45 am) 5. CDBG Citizens Advisory Task Force (BCC Chairman or designee; as needed) 6. Children's Services Advisory Committee (Quarterly, 2nd Monday at 5:30 pm) JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 2711, Street Vero Beach, FL 32960 Telephone: (772) 226-1516 TO: Board of County Commissioners (acting as Board of Trustees of OPEB Trust) FROM: Elissa Nagy, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: December 3, 2021 SUBJECT: Quarterly OPEB Trust Report for Quarter Ending 09/30/2021 Attached please find a summary report consisting of the composition and investment return of the OPEB Trust for the fourth quarter of fiscal year 2021. These funds are held in trust by our custodian BNY/Mellon. This report was reviewed by our investment advisory committee on December 2, 2021. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly OPEB Trust Report. G L 2 L L y 2 C a a� n aq a� C C C J u J J A 10 H � 0 0 0 0 0 0 E E E E E E ~ Y X d c � o M C p oo 0 o c� .+ro m.n m m ry of v ri of a.r .n o 0 0 ry ry 0 o O c o o Gin a w v ~ o 'ai o 0 N LL N 6 m O] 0 a � o o 6 6 0 O O O O a a a a V Q a° ae g go O log N O 9" O O N O W O �O t0 O .ti N W V M 00 .i n n N aD O O O O O O n lD t0 00 W 7 N n W 00 M M N N rl N W 01 M n CO n O1 n 00 M M l0 01 n vt N n n V1 V1 lG N n N m N r1 Ol N CO l0 M Vf V1 OO N N W o O n W O O w O w o o O N N M M F N N N N N N N T n n N N n N Y L p N �n Vl N to to N m N ~ N 1� Oi NO p � 4N N OMt N r c H N N N N N N 4n N r E J y m V C V� N N N N V1 VT � a r £ Q T d j M M W n m N M R< O m C C. O N N O O m N n 0 m N N M M W , N n Ol O n n n n tO lO n N m N J > of of vi o ni �u of v � ,-i v v �ti ui d .->i Oi O� m M0p a0 M On M e w W C O N N W H n O M O M t+f M M C y+ W — 0 a � z cf r O zE v � y Z J A N in d C O O i] ` E rovoi ri � vEi d v'ci E t •- v v v 3 v vm d v f a « LL vLi J > > > > a ZO v1 o o h o y o o O y c • 0 � . O � N N � po ¢ rN.i roi r w d d J D a t p W a «« ui C W u f E ~O z c El a a L 2 L L y 2 C a � c C C C C C C C C C J u J J A 10 H � 0 0 0 0 0 0 E E E E E E ~ Y X d F C M C p T O N O > d a a+ c Gin a w v a E E E d o 'ai o 0 N LL N 6 m O] L 2 L L y 2 L L Y y Y Y .2 C C C C C C C C C C C c C 0 0 0 0 0 0 E E E E E E 0 0 0 E E E 0 0 E E 0 0 E E m m m m M m m m M m m m m o om c o 0 0 0 a O cit O N o 6 6 0 O O O O a a a a ae "Cl° a° ae g go O log N O 9" O O N O O O *n O Oa° m O N .-i° O O O O O O i �Im 0 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127 th Street Vero Beach, FL 32960 Telephone: (772) 226-1516 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: December 3, 2021 SUBJECT: Quarterly Investment Report for Quarter Ending 09/30/2021 BACKGROUND M401i Attached to this memorandum is the composition of the investment portfolio and investment earnings for the fourth quarter of fiscal year 2021. This report was reviewed by our investment advisory committee on December 2, 2021. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Investment Report. 11 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 270, Street Vero Beach, FL 32960 Telephone: (772) 226-1516 Indian River County Investment Advisory Committee Quarterly Investment Report July 1, 2021 through September 30, 2021 INVESTMENT POLICY In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court. The Policy states the primary objectives of investment activities are to preserve capital and to provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to the requirements for safety and liquidity. INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities, evaluate current and future liquidity needs, and recommend investment strategies. The Committee consists of the County Administrator, or his designee, and a minimum of two qualified citizens with investment or financial management expertise. Kristin Daniels, Budget Director, is the County Administrator's designee. The individuals with investment expertise who have agreed to serve are: David W. Griffis, Founding Principal Vero Beach Global Advisors, Ted Libby, Senior Portfolio Manager with Cypress Capital Group; and Bill Penney, President & CEO of Marine Bank and Trust Company. Also present at the meetings are the Clerk of the Circuit Court, Finance Director, and Internal Audit Director. AUTHORIZED INVESTMENTS As permitted by the Investment Policy, surplus funds were invested only in the following types of investments: Federal Farm Credit Banks bonds and discount notes (FFCB), Federal Home Loan Banks bonds and discount notes (FHLB), Federal Home Loan Mortgage Corporation bonds and discount notes (FHLMC), Federal National Mortgage Association bonds and discount notes (FNMA), Treasury Notes and Bills, Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in F.S. 163.01, Certificates of Deposit (CDs), Money Market Funds, and Repurchase Agreements. BOND PROCEEDS INVESTMENT The current water and sewer bond reserve is held by Bank of New York/Mellon and is presently invested in a treasury bill. QUARTERLY AVERAGE YIELD The overall average yield for the quarter ended September 30, 2021 was 0.24%. The overall average yield for the quarter ended June 30, 2021 was 0.30%. 12 INVESTMENT ACTIVITY As of September 30, 2021, the investments portfolio book value was $428,986,479 with a market value of $428,972,481. Of the $428,986,479 portfolio total, $361,040,193 is restricted for the following purposes: $ 112,287,772 Special revenue projects $ 627,980 Debt service $ 96,738,432 Capital projects $ 151,386,009 Business -type activities $ 361,040,193 TOTAL RESTRICTED CASH BY FUND TYPE (PERCENTAGES) Business- Special Revenue Type 42 31% Debt % Service 1% Capital Projects 26 The weighted average maturity of the treasury and agency investments as of September 30, 2021 is 19 months. Coupon yields on the individual investments ranged from 0% to 1.57°/x. Those investments with 0% coupons are treasury bills that are purchased at a discount and result in positive yields upon maturity. Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached. The attached schedules list the portfolio composition and activity for the quarter ending September 30, 2021: Schedule 1 Portfolio sorted by type of debt instrument Schedule 2 Portfolio sorted by maturity date Schedule 3 Portfolio by maturity date bar graph Schedule 4 Portfolio by type pie chart Schedule 5 Investment purchases, calls and maturities for the quarter Schedule 6 Summary of cash flows and balances by month Schedule 7 Interest earnings summary Schedule 8 Allocation of investments by fund types (unrestricted and restricted balances) 13 14 Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type September 30, 2021 09/30/21 Coupon/ Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value % FFCB Bullet 3133EK6D3 1.570% 11/25/19 11/08/21 0.11 1.570% $ 3,000,000.00 $ 2,996,250.00 FFCB Bullet 3133ELNPS 1.450% 02/24/20 02/24/22 0.40 1.464% $ 3,000,000.00 5 2,999,160.00 FFCB Bullet 3133EL4T8 0.150% 09/03/20 02/24/22 0.40 0.150% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133EMMU3 0.120% 01/13/21 04/13/22 0.53 0.120% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133EMEB4 0.140% 10/22/20 04/22/22 0.56 0.140% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133EMQA3 0.080% 02/18/21 05/09/22 0.61 0.080% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMGP1 0.150% 11/17/20 05/16/22 0.62 0.162% $ 3,000,000.00 $ 2,999,460.00 FFCB Bullet 3133ELZN7 0.160% 05/18/20 05/18/22 0.63 0.237% $ 3,000,000.00 $ 2,995,410.00 FFCB Bullet 3133EMPR7 0.100% 03/17/21 08/02/22 0.84 0.121% $ 3,000,000.00 $ 2,999,130.00 FFCB Callable 3133ELMF7 0.120% 12/22/20 09/22/22 0.98 0.120% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMDA7 0.160% 11/02/20 10/13/22 1.04 0.165% $ 3,000,000.00 $ 2,999,700.00 FFCB Callable 3133EMDR0 0.170% 10/21/20 10/21/22 1.06 0.170% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133EMQH8 0.110% 02/10/21 02/10/23 1.36 0.110% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMRQ7 0.100% 03/17/21 02/24/23 1.4C 0.156% $ 3,000,000.00 $ 2,996,760.00 FFCB Bullet 3133EMSS2 0.125% 05/07/21 03/09/23 1.44 0.152% $ 3,000,000.00 $ 2,998,500.00 FFCB Callable 3133EMST0 0.140% 03/10/21 03/10/23 1.44 0.140% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMG97 0.140% 07/01/21 05/09/23 1.61 0.225% $ 3,000,000.00 $ 2,995,260.00 FFCB Bullet 3133EMYX4 0.125% 05/10/21 05/10/23 1.61 0.160% $ 3,000,000.00 $ 2,997,900.00 FFCB Callable 3133EMKG6 0.200% 12/15/20 06/15/23 1.71 0.200% 5 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMRZ7 0.250% 09/14/21 02/26/24 2.41 0.291% $ 3,000,000.00 $ 2,997,000.00 $ 60,000,000.00 $ 59,974,530.00 14.00% FHLB Callable 3130A1QQ5 0.300% 06/30/20 06/30/22 0.75 0.300% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130A1TM1 0.260% 07/28/20 07/28/22 0.82 0.260% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMSP3 0.180% 04/28/21 04/28/23 1.58 0.180% $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 3130AMRY0 0.125% 07/09/21 06/02/23 1.67 0.183% $ 3,000,000.00 $ 2,996,700.00 FHLB Callable 3130AKL38 0.155% 12/30/20 06/30/23 1.75 0.155% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AN7144 0.220% 08/10/21 08/10/23 1.86 0.220% $ 3,000,000.00 5 3,000,000.00 FHLB Bullet 3130AJXD6 0.125% 09/28/21 09/08/23 1.94 0.275% $ 3,000,000.00 $ 2,991,300.00 FHLB Callable 3130ANFP0 0.350% 08/23/21 02/23/24 2.40 0.350% $ 3,000,000.00 5 3,000,000.00 FHLB Callable 3130AMV33 0.300% 06/29/21 04/29/24 2.58 0.300% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMMM1 0.375% 06/03/21 06/03/24 2.68 0.375°% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMLM2 0.375% 06/07/21 06/07/24 2.69 0.375% $ 3,000,000.00 5 3,000,000.00 FHLB Callable 3130AMKX9 0.400% 06/07/21 06/07/24 2.69 0.400% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMKZ4 0.400% 06/10/21 06/10/24 2.70 0.400% $ 3,000,000.00 5 3,000,000.00 FHLB Callable 3130AMSF0 0.400% 07/01/21 06/28/24 2.75 0.471% $ 3,000,000.00 $ 2,993,700.00 FHLB Callable 3130AMXQ0 0.475% 07/12/21 07/12/24 2.78 0.475% $ 3,000,000.00 5 3,000,000.00 FHLB Callable 3130AMZ88 0.520% 07/12/21 07/12/24 2.78 0.520% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130ANVAS 0.500% 09/10/21 09/10/24 2.95 0.500% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130ANRP7 0.500% 09/13/21 09/13/24 2.96 0.500% $ 3,000,000.00 5 3,000,000.00 $ 54,000,000.00 $ 53,981,700.00 12.60% FHLMC Bullet 3137EAET2 0.125% 11/17/20 07/25/22 0.82 0.146% $ 3,000,000.00 $ 2,998,950.00 FHLMC Callable 3134GW7E0 0.200% 11/16/20 02/16/23 1.38 0.200% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GXEX8 0.250% 12/02/20 06/01/23 1.67 0.250% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAEW5 0.250% 09/28/21 09/08/23 1.94 0.276% $ 3,000,000.00 $ 2,998,500.00 FHLMC Callable 3134GW6E1 0.320% 07/06/21 11/02/23 2.09 0.320% $ 3,000,000.00 $ 3,000,000.00 5 15,000,000.00 $ 14,997,450.00 3.50% FNMA Bullet 313SGOQ89 1.375% 11/05/19 10/07/21 0.02 1.592% $ 3,000,000.00 $ 2,987,700.00 FNMA Bullet 3135GOSG4 0.250% 09/29/21 07/10/23 1.78 0.250% $ 3,000,000.00 $ 3,000,000.00 FNMA Callable 3136G4711 0.350°% 09/28/21 04/26/24 2.57 0.434% $ 3,000,000.00 $ 2,993,520.00 $ 9,000,000.00 $ 8,981,220.00 2.10% Treasury Bill 9127964V8 0.000% 02/26/21 10/07/21 0.02 0.044% 5 3,000,000.00 $ 2,999,200.92 Treasury Note 91282BT67 1.250% 12/19/19 10/31/21 0.08 1.643% $ 3,000,000.00 $ 2,978,430.00 Treasury Note 91282ST67 1.250% 11/21/19 10/31/21 0.08 1.578% $ 3,000,000.00 $ 2,981,250.00 Treasury Bill 912796031 0.000% 05/13/21 01/27/22 0.33 0.021% $ 3,000,000.00 $ 2,999,546.75 Treasury Note 91282SH86 1.500% 11/21/19 01/31/22 0.34 1.565% $ 3,000,000.00 $ 2,995,770.00 Treasury Bill 912796F38 0.000% 05/13/21 03/24/22 0.48 0.031% 5 3,000,000.00 $ 2,999,186.25 Treasury Note 912828ZY9 0.125% 05/17/21 07/15/23 1.79 0.169% $ 6,000,000.00 $ 5,994,360.00 Treasury Note 91282CAF8 0.125% 05/26/21 08/15/23 1.87 0.175% $ 6,000,000.00 $ 5,993,400.00 Treasury Note 91282CCU3 0.125% 09/27/21 08/31/23 1.92 0.262% $ 4,000,000.00 $ 3,989,520.00 Treasury Note 91282CAK7 0.125% 05/20/21 09/15/23 1.96 0.181% $ 6,000,000.00 $ 5,992,200.00 Treasury Note 91282CAP6 0.125% 08/23/21 10/15/23 2.04 0.250% $ 3,000,000.00 $ 2,991,960.00 Treasury Note 91282CAWI 0.250% 09/27/21 11/15/23 2.13 0.306% $ 4,000,000.00 $ 3,995,200.00 Treasury Note 91282CBE0 0.125% 07/09/21 01/15/24 2.29 0.271% $ 3,000,000.00 $ 2,989,050.00 Treasury Note 91282CBM2 0.125% 07/09/21 02/15/24 2.38 0.288% $ 3,000,000.00 $ 2,987,343.75 Treasury Note 91282CBR1 0.250% 08/23/21 03/15/24 2.46 0.327% $ 3,000,000.00 $ 2,994,090.00 Treasury Note 91282CBV2 0.375% 09/27/21 04/15/24 2.54 0.418% $ 4,000,000.00 $ 3,995,640.00 Treasury Note 91282CCC3 0.250% 08/23/21 05/15/24 2.62 0.375% $ 3,000,000.00 $ 2,989,860.00 $ 63,000,000.00 $ 62,866,007.67 14.68% Regions Bank Money Market $ 19,087,254.78 4.45% Regions Bank Lockbox Accounts $ 2,515,981.88 0.59% TD Bank Checking Account $ 28,441,882.03 6.64 BankUnited Money Market 5 39,943,243.73 9.33% Valley National Bank Government Interest Checking 5 38,965,051.30 9.10% Marine Bank Business Money Market $ 8,228,022.65 1.92% Florida Trust Day to Day Fund 5 30,017,496.52 7.01% FL STAR 5 20,020,012.61 4.67% FL CLASS - BOCC Funds $ 31,648,448.29 7.39% Total General Cash & Equivalents - Unrestricted $ 419,668,301.46 14 15 Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type September 30, 2021 09/30/21 Coupon/ Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value % Restricted Cash -Bond Covenants (held by BNY/Mellon) Cash -Dreyfus Fund -Utilities Debt Service Reserve $ 75,775.52 Treasury Bill 912796H44 0.000% 05/27/21 05/19/22 0.61 0.025% $ 1,100,000.00 $1,099,648.00 Total Restricted Bond Reserve - adjusted for fair market value $ 1,175,423.52 0.27% Restricted Cash - Landfill FL CLASS -Landfill Closure & Postclosure Reserves $ 7,493,685.83 1.75% Total Pooled Cash & Equivalents $428,337,410.81 100.00% Restricted Cash - Health Insurance TD Bank - BCBS Claims Account $101,399.75 Total Restricted Cash - Health Insurance $101,399.75 Restricted Cash - Housing Account $547,668.73 Total Portfolio $428,986,479.29 Note: See separate Investment report for OPEB funds. 15 16 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date September 30, 2021 09/30/21 Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Mo Cash Flow FNMA Bullet 3135GOQ89 1.375% 11/05/19 10/07/21 0.02 1.592% $ 3,000,000.00 $ 2,987,700.00 Treasury Bill 9127964VS 0.000% 02/26/21 10/07/21 0.02 0.044% $ 3,000,000.00 $ 2,999,200.92 Treasury Note 912828767 1.250% 12/19/19 10/31/21 0.08 1.643% $ 3,000,000.00 $ 2,978,430.00 Treasury Note 91282ST67 1.250% 11/21/19 10/31/21 0.08 1.578% $ 3,000,000.00 $ 2,981,250.00 $ 12,000,000.00 FFCB Bullet 3133EK6D3 1.570% 11/25/19 11/08/21 0.11 1.570% $ 3,000,000.00 $ 2,996,250.00 $ 3,000,000.00 Treasury Bill 912796031 0.000% 05/13/21 01/27/22 0.33 0.021% $ 3,000,000.00 $ 2,999,546.75 Treasury Note 912828H86 1.500% 11/21/19 01/31/22 0.34 1.565% $ 3,000,000.00 $ 2,995,770.00 $ 6,000,000.00 FFCB Bullet 3133EL4T8 0.150% 09/03/20 02/24/22 0.40 0.150% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133ELNPS 1.450% 02/24/20 02/24/22 0.40 1.464% $ 3,000,000.00 $ 2,999,160.00 $ 6,000,000.00 Treasury Bill 912796F38 0.000% 05/13/21 03/24/22 OAS 0.031% $ 3,000,000.00 $ 2,999,186.25 $ 3,000,000.00 FFCB Callable 3133EMMU3 0.120% 01/13/21 04/13/22 0.53 0.120% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133EMEB4 0.140% 10/22/20 04/22/22 0.56 0.140% $ 3,000,000.00 $ 3,000,000.00 $ 6,000,000.00 FFCB Callable 3133EMQA3 0.080% 02/18/21 05/09/22 0.61 0.080% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMGP1 0.150% 11/17/20 05/16/22 0.62 0.162% $ 3,000,000.00 $ 2,999,460.00 FFCB Bullet 3133ELZN7 0.160% 05/18/20 05/18/22 0.63 0.237% $ 3,000,000.00 $ 2,995,410.00 $ 9,000,000.00 FHLB Callable 3130AIQQ5 0.300% 06/30/20 06/30/22 0.75 0.300% $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAET2 0.125% 11/17/20 07/25/22 0.82 0.146% $ 3,000,000.00 $ 2,998,950.00 FHLB Callable 3130AJTMI 0.260% 07/28/20 07/28/22 0.82 0.260% $ 3,000,000.00 $ 3,000,000.00 $ 6,000,000.00 FFCB Bullet 3133EMPR7 0.100% 03/17/21 08/02/22 0.84 0.121% $ 3,000,000.00 $ 2,999,130.00 $ 3,000,000.00 FFCB Callable 3133ELMF7 0.120% 12/22/20 09/22/22 0.98 0.120% $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMDA7 0.1605A 11/02/20 10/13/22 1.04 0.165% $ 3,000,000.00 $ 2,999,700.00 FFCB Callable 3133EMDR0 0.170% 10/21/20 10/21/22 1.06 0.170% $ 3,000,000.00 $ 3,000,000.00 $ 6,000,000.00 FFCB Callable 3133EMQ.HS 0.11074 02/10/21 02/10/23 1.36 0.110% $ 3,000,000.00 $ 3,000,000.00 FHLMCCallable 3134GW7E0 0.200% 11/16/20 02/16/23 1.38 0.200% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMRQ7 0.100% 03/17/21 02/24/23 1.40 0.156% $ 3,000,000.00 $ 2,996,760.00 $ 9,000,000.00 FFCB Bullet 3133EMSS2 0.125% 05/07/21 03/09/23 1.44 0.152% $ 3,000,000.00 $ 2,998,500.00 FFCB Callable 3133EMST0 0.140% 03/10/21 03/10/23 1.44 0.140% $ 3,000,000.00 $ 3,000,000.00 $ 6,000,000.00 FHLB Callable 3130AMSP3 0.180% 04/28/21 04/28/23 1.58 0.180% $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMG97 0.140% 07/01/21 05/09/23 1.61 0.225% $ 3,000,000.00 $ 2,995,260.00 FFCB Bullet 3133EMYX4 0.125% 05/10/21 05/10/23 1.61 0.160% $ 3,000,000.00 $ 2,997,900.00 $ 6,000,000.00 FHLMC Callable 3134GXEX8 0.250% 12/02/20 06/01/23 1.67 0.250% $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 3130AMRY0 0.125% 07/09/21 06/02/23 1.67 0.183% $ 3,000,000.00 $ 2,996,700.00 FFCB Callable 3133EMKG6 0.200% 12/15/20 06/15/23 1.71 0.200% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AKL38 0.155% 12/30/20 06/30/23 1.75 0.155% $ 3,000,000.00 $ 3,000,000.00 $ 12,000,000.00 FNMA Bullet 3135G05G4 0.250% 09/29/21 07/10/23 1.78 0.250% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912828ZY9 0.125% 05/17/21 07/15/23 1.79 0.169% $ 6,000,000.00 $ 5,994,360.00 $ 9,000,000.00 FHLB Callable 3130AN7N4 0.220% 08/10/21 08/10/23 1.86 0.220% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CAFS 0.125% 05/26/21 08/15/23 1.87 0.175% $ 6,000,000.00 $ 5,993,400.00 Treasury Note 91282CCU3 0.125% 09/27/21 08/31/23 1.92 0.262% $ 4,000,000.00 $ 3,989,520.00 $ 13,000,000.00 FHLB Bullet 3130AIXD6 0.125% 09/28/21 09/08/23 1.94 0.275% $ 3,000,000.00 $ 2,991,300.00 FHLMC Bullet 3137EAEWS 0.250% 09/28/21 09/08/23 1.94 0.276% $ 3,000,000.00 $ 2,998,500.00 Treasury Note 91282CAK7 0.125% 05/20/21 09/15/23 1.96 0.181% $ 6,000,000.00 $ 5,992,200.00 $ 12,000,000.00 Treasury Note 91282CAP6 0.125% 08/23/21 10/15/23 2.04 0.250% $ 3,000,000.00 $ 2,991,960.00 $ 3,000,000.00 FHLMCCallable 3134GW6E3 0.320% 07/06/21 11/02/23 2.09 0.320% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CAW1 0.250% 09/27/21 11/15/23 2.13 0.306% $ 4,000,000.00 $ 3,995,200.00 $ 7,000,000.00 Treasury Note 91282CBE0 0.125% 07/09/21 01/15/24 2.29 0.271% $ 3,000,000.00 $ 2,989,050.00 $ 3,000,000.00 Treasury Note 91282CBM2 0.125% 07/09/21 02/15/24 2.38 0.288% $ 3,000,000.00 $ 2,987,343.75 FHLB Callable 3130ANFP0 0.350% 08/23/21 02/23/24 2.40 0.350% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMRZ7 0.250% 09/14/21 02/26/24 2.41 0.291% $ 3,000,000.00 $ 2,997,000.00 $ 9,000,000.00 Treasury Note 91282CBR1 0.250% 08/23/21 03/15/24 2.46 0.327% $ 3,000,000.00 $ 2,994,090.00 $ 3,000,000.00 Treasury Note 91282CBV2 0.375% 09/27/21 04/15/24 2.54 0.418% $ 4,000,000.00 $ 3,995,640.00 FNMACallable 3136G471.1 0.350% 09/28/21 04/26/24 2.57 0.434% $ 3,000,000.00 $ 2,993,520.00 FHLB Callable 3130AMV33 0.300% 06/29/21 04/29/24 2.58 0.300% $ 3,000,000.00 $ 3,000,000.00 $ 10,000,000.00 Treasury Note 91282CCC3 0.250% 08/23/21 05/15/24 2.62 0.375% $ 3,000,000.00 $ 2,989,860.00 $ 3,000,000.00 FHLB Callable 3130AMMM3 0.375% 06/03/21 06/03/24 2.68 0.375% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMLM2 0.375% 06/07/21 06/07/24 2.69 0.375% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMKX9 0.400% 06/07/21 06/07/24 2.69 0.400% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMKZ4 0.400% 06/10/21 06/10/24 2.70 0.400% $ 3,000,000.00 5 3,000,000.00 FHLB Callable 3130AMSF0 0.400% 07/01/21 06/28/24 2.75 0.471% $ 3,000,000.00 $ 2,993,700.00 5 15,000,000.00 FHLB Callable 3130AMXQ0 0.475% 07/12/21 07/12/24 2.78 0.475% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMZ88 0.520% 07/12/21 07/12/24 2.78 0.5205A $ 3,000,000.00 $ 3,000,000.00 $ 6,000,000.00 FHLB Callable 3130ANVAS 0.500% 09/10/21 09/10/24 2.95 0.500% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130ANRP7 0.500% 09/13/21 09/13/24 2.96 0.500% $ 3,000,000.00 $ 3,000,000.00 $ 6,000,000.00 Sub Total- General Investments $ 201,000,000.00 $ 200,800,907.67 $ 201,000,000.00 Regions Bank Money Market $19,087,254.78 Regions Lockbox Accounts $2,515,981.88 TO Bank Checking Account $28,441,882.03 BankUnited Money Market $39,943,243.73 Valley National Bank Government Interest Checking $38,965,051.30 Marine Bank Business Money Market $8,228,022.65 Florida Trust Day to Day Fund $30,017,496.52 FL STAR $20,020,012.61 FL CLASS - BOCC Funds $31,649,448.29 Total General Cash & Equivalents - Unrestricted $ 419,668,301.46 Restricted Cash -Bond Covenants (held by BNY/Mellon) Cash -Dreyfus Fund -Utilities Debt Service Reserve $ 75,775.52 Treasury Bill 912796H44 0.000% 05/27/21 05/19/22 0.63 0.025% $ 1,100,000.00 $1,099,648.00 Total Restricted Bond Reserve - adjusted for fair market value $ 1,175,423.52 16 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date September 30, 2021 Coupon/ Purchase Maturity Years To Yield To Investment Type CUSIP Yield Date Date Maturity Maturity Restricted Cash - Landfill FL CLASS -Landfill Closure & Postclosure Reserves Total Pooled Cash & Equivalents Restricted Cash - Health Insurance TD Bank - BCBS Claims Account Total Restricted Cash - Health Insurance Restricted Cash - Housing Account Total Portfolio Note: See separate investment report for OPEB funds. 09/30/21 Original Par Amount Book Value Mo Cash Flow $ 7,493,685.83 $ 428,337,410.81 $101,399.75 $101,399.75 $547,668.73 $ 428,986,479.29 17 Schedule 3 Indian River County Portfolio By Maturity Date September 30, 2021 $350,000,000 $300,000,000 $288,115,015 $250,000,000 $200,000,000 $150,000,000 $100,000,000 _--- ---- $75,944,100 $64,927,364 $50,000,000 -- - — - $0 — — — -- — — — , 0-12 Months 13-24 Months 25-36 Months Total Portfolio $428,986,479 W. UT Reserve 0.27% Treasury Regi Schedule 4 Indian River County Portfolio By Type September 30, 2021 Marine Bank 1.92% y Natl Bank 9.10% TD Bank Checking 6.64% B 12.60% 19 Schedule 5 Indian River County Investment Purchases and Calls/Maturities Quarter Ending September 30, 2021 PURCHASES: Investment Description Yield to Maturi Purchase Date Call Date Maturity Date Par Amount Book Value FFCB Bullet 0.225% 07/01/21 05/09/23 $ 3,000,000.00 $ 2,995,260.00 FHLB Callable 0.471% 07/01/21 09/28/21 06/28/24 $ 3,000,000.00 $ 2,993,700.00 FHLMC Callable 0.320% 07/06/21 11/02/21 11/02/23 $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 0.183% 07/09/21 06/02/23 $ 3,000,000.00 $ 2,996,700.00 Treasury Note 0.271% 07/09/21 01/15/24 $ 3,000,000.00 $ 2,989,050.00 Treasury Note 0.288% 07/09/21 02/15/24 $ 3,000,000.00 $ 2,987,343.75 FHLB Callable 0.475% 07/12/21 01/12/22 07/12/24 $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 0.520% 07/12/21 10/122/21 07/12/24 $ 3,000,000.00 $ 3,000,000.00 FHLB Callable T............ I.I..�.. 0.220% n -.1 08/10/21 no/-- 11/1C/21 08/10/23 •ni�cinn $ 3,000,000.00 . n nnn nnn nn $ 3,000,000.00 m n nnn nnn -- to] October November December January February March April May June July August September Net cash flow October November December January February March April May June July August September Net cash flow Schedule 6 Indian River County Change in Monthly Cash Flows For All Pooled Cashlinvestment Accounts Comparison of Six Fiscal Years September 30, 2021 Fiscal Year 2015-2016 Net Chane Month End Bal* $ (8,105,518) $ 298,115,481 $ 25,830,326 $ 323,945,807 $ 35,536,011 $ 359,481,818 $ (373,573) $ 359,108,245 $ 906,675 $ 360,014,920 $ 256,335 $ 360,271,255 $ (5,220,820) $ 355,050,435 $ (2,730,213) $ 352,320,222 $ (8,065,869) $ 344,254,353 $ (7,588,170) $ 336,666,183 $ (8,369,612) $ 328,296,571 $ 6,977,510 $ 321,319,061 $ 15,098,062 Fiscal Year 2018-2019 Net Chane Month End Bal* $ (6,577,674) $ 362,277,495 $ 48,128,205 $ 410,405,700 $ 31,350,078 $ 441,755,778 $ (9,877,034) $ 431,878,744 $ 2,964,540 $ 434,843,284 $ (2,750,051) $ 432,093,233 $ (3,802,746) $ 428,290,487 $ (8,379,243) $ 419,911,244 $ (9,758,699) $ 410,152,545 $ (13,728,763) $ 396,423,782 $ (11,767,333) $ 384,656,449 $ (5,342,336) $ 379,314,113 $ 10,458,944 $ 18,257,137 Fiscal Year 2019-2020 Fiscal Year 2016-2017 Net Chane Month End Bal* $ (6,856,660) $ 314,462,401 $ 29,862,090 $ 344,324,491 $ 37,277,098 $ 381,601,589 $ (931,868) $ 380,669,721 $ (2,015,776) $ 378,653,945 $ 442,916 $ 379,096,861 $ (2,740,420) $ 376,356,441 $ (4,378,477) $ 371,977,964 $ (6,628,797) $ 365,349,167 $ (10,868,408) $ 354,480,759 $ (9,027,471) $ 345,453,288 $ 5,877,090 $ 339,576,198 $ 18,257,137 Fiscal Year 2019-2020 Net Change Month End Bal* $ (9,260,244) $ 370,053,869 $ 39,158,339 $ 409,212,208 $ 47,023,081 $ 456,235,289 $ (6,941,131) $ 449,294,158 $ (1,465,745) $ 447,828,413 $ (5,997,667) $ 441,830,746 $ (5,331,833) $ 436,498,913 $ (10,937,819) $ 425,561,094 $ (13,546,695) $ 412,014,399 $ (3,248,804) $ 408,765,595 $ (7,041,321) $ 401,724,274 $ (10,163,806) $ 391,560,468 $ 12,246,355 Fiscal Year 2017-2018 Net Chane Month End Bal* $ (7,971,324) $ 331,604,874 $ 33,131,597 $ 364,736,471 $ 41,846,074 $ 406,582,545 $ (5,758,898) $ 400,823,647 $ 5,191,358 $ 406,015,005 $ (4,784,411) $ 401,230,594 $ 1,577,951 $ 402,808,545 $ (6,945,787) $ 395,862,758 $ (9,710,169) $ 386,152,589 $ (2,464,004) $ 383,688,585 $ (8,022,779) $ 375,665,806 $ 6,810,637 $ 368,855,169 29,278,971 Fiscal Year 2020-2021 Net Change Month End Bal* $ (8,561,737) $ 382,998,731 $ 39,238,741 $ 422,237,472 $ 57,117,548 $ 479,355,020 $ (6,119,043) $ 473,235,977 $ 12,395,392 $ 485,631,369 $ (12,127,894) $ 473,503,475 $ (9,006,651) $ 464,496,824 $ 295,126 $ 464,791,950 $ (5,748,174) $ 459,043,776 $ (11,764,390) $ 447,279,386 $ (11,517,721) $ 435,761,665 $ (7,438,252) $ 428,323,413 36,762,945 *Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Excludes health insurance bank accounts utilized by Florida Blue and the Section 8 HUD bank account. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPEB investments - see separate report. 21 L s>t)�e^a>2io,S 4jitite`=Vg>tsa,� s;s�LL��rt;�e Oz O,ILL:; Oza, B N N "�. e o e e e e v a^ e e mr�`$.v0°i2 X''R2-- a 'e e e e e m e e e e e —v-ivwivmi.atmo..-`---VV e e e e e e e e ""-ooB000^oo l 'G� NNN NlV NN Ci CIS �� �� �� � 0000000 O GO G OOOO 0000 O U � m e�e�eeeeeeetV � N�Nm NN N N� eeCe'�e a (a`(nnQao�aDDdeoee`� �O mm rN twnNOOri ONi m ���o`pp�%�to`tOO�m%�o`�:R(2(VV°�7�7��QQ b N Q InM NNNN Q Q K f V CIN ni N -N,4 N N opOO On rop-pNN N(�tpO OOCIpp HOIDM N�NM K 1m O4 ONi f91,111, b r, n r r n n n n 0 ............. abDMO �PIpp? 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Excludes health insurance bank account utilized by Florida Blue for claims and the Section 8 HUD bank account. Schedule does not include OPEB investments - see separate report. 23 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: December 1, 2021 SUBJECT: Dori Slosberg Driver Education Safety Act Indian River County Traffic Education Program Trust Fund Report Cumulative Reporting Through 09/30/21 BACKGROUND On August 20, 2002, the Board of County Commissioners adopted Ordinance Number 2002-026 creating the Indian River County Traffic Education Program Trust Fund (our Fund 137). This ordinance authorized a $3 traffic ticket surcharge, which is collected by the Clerk of the Circuit Court. On September 19, 2006, the Board adopted Ordinance 2006-035 to repeal this fine. Subsequently on February 17, 2015, the Board elected to reinstate and increase the driver education fee to $5 under Ordinance Number 2015-003. The new fee was effective March 1, 2015 and is charged on each civil traffic penalty assessed in the County. As noted in the ordinance, these funds shall be used "to fund driver education programs in public and nonpublic schools". Attached to this memo is a report of the revenues and expenditures from the inception of the initial $3 fee (October 1, 2002) and includes the new $5 fee commencing in March 2015. As of September 30, 2021, the balance in the Fund is $183,772. The Clerk's office will continue to provide a quarterly report of the traffic education trust activity. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached report. 24 Cl) O M m 0 V11' N n 0) N V (» (AI(A C O ca 00$ j -2 3 LO c a a _d W A G � @ O O U F - .Y ❑ kn N 10 Cl) N Cr O d y 0 (a a C C O cm d C a d m m � > r - �o, m m d d o > ~ '� W m M m o 2 N N w0 � � m cc °~ UFO- O ayi d F S v a c c W c K li C W a Z lL LLL EA f9 fA OMD 1'n U')°D V n O N p N N N 010 M 100 M 100 M n Cl) } O M LLO T� rfl 69 v 1n 0) m ao r- O7 NON 04 n V OWN N O O N 10 ON N 1N N V 10 N n 10 N N O M M O LL C Efl fA n o7 (O 10 N to n O p O c aq V co M 00 O) O O NNN100N(0 V V' N co cmO O LL O (A 64 I.- CO 0) O) 0) (0 1n co n 0 0 0 Cl) 0) V V � In M O)O n V D vv V O (D 1n co NNN M LL O O p) � FA V3 N n pp (pn c0 n LO 10 l0 100 O (n0 r- n O O N N N N M 10 to O V 10 V (0 M V N M V" CD Cl) Cl) M 10 O) (D O LL Q M O p) 60 to 0 r r N(p t0 to tnN O n OO O 0) r to (n0 M CD 0 N N N 10 (O V' Cl co (0 O '7 M (0 M GD Cl) 0 LL Q (» (» f9 C>i cO V h SO 11n O) (`0') O N � N c0 n 0) 1n O N N M N co Cl) co 1(j n N Cl) Cl) N O } � YL M_ r O) EA fA L c0 Cl) 10 10 N O n (y N C � V O N N (0 co (0 (D V: 10 } O {L O M O Of 69 69, N0 NM (07 (00(00 U (MD O M O O N N N � N 7 M n N N (O N V c{ LL O M O Qf 6 M 7 n 00 M co M r (V N O N O M 0� O co V' 0) 1L) M (D n O O N N N a0 00 oD 10 M (D N LLcrpi O Of 69 69 M 04 0 0 n N 0 O) (O C (D M R M N O O 9 n (0 M a0 00 10 10 (' N N O p CO N n N n M co } � T iL Uh fA Cl) O M m 0 V11' N n 0) N V (» (AI(A C O ca 00$ j -2 3 LO c a a _d W A G � @ O O U F - .Y ❑ kn N C m T O 10 to (a a C C O cm d C a d m m � > v w C d d WW > ~ '� W m (M m m 2 N N w0 _ 2� m m m cc > 2 UFO- O ayi d F d a v a c c W c K li C W a Z lL LLL Cl) O M m 0 V11' N n 0) N V (» (AI(A C O ca 00$ j -2 3 LO c a a _d W A G � @ O O U F - .Y ❑ kn N W TO: Board of County Commissioners FROM: Edward Halsey, Internal Audit Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: December 3, 2021 SUBJECT: Quarterly Tourist Development Tax Report for Quarter Ending 09/30/2021 BACKGROUND Attached to this memorandum is the report of the tourist development tax monies collected in the Clerk's office for quarters ended September 30, 2020 and 2021. The report shows five categories of activity including short-term rentals. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Tourist Development Tax Report. 26 n N 1 v O O O 000000 p N O 00 "d: 'd: O F M M O O N O o en O V' M M ���OOO � 000 y O N O N en W N .. 00 Od w M a I60� I61� 000000 F <t O C C (V C o l— 0, 00 M r- 'cF d 'C NO M� M N � 'C N O 60, 69 DATE: December 3, 2021 TO: Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of the Circuit Court and Comptroller FROM: Edward Halsey, CPA, CGFO, CIA Internal Audit Director SUBJECT: Internal Audit Division Annual Report I respectfully present the fiscal year 2021 annual report of the Internal Audit Division which was created in the Clerk of the Circuit Court and Comptroller's (Clerk) office to carry out internal audit activities for the Clerk and the Board of County Commissioners (Board). The following are highlights of internal audit work completed through September 30, 2021: • Audits of guardianship files at the Courthouse done on a continuous on-going basis. • Sent tourist development tax letters of inquiry to owners resulting in 23 owners registering to pay the tax. • Performed four tourist tax audits bringing in $21,288 in tourist tax collections. Desk audits of seven residential/condo and a hotel yielded $4,860 in tourist tax collections. Filed one lien on a hotel in the amount of $11,691. • Conducted audits of the health insurance fund claims (including RX Benefits) to ensure that the payments were on behalf of eligible participants. • Conducted surprise change fund and petty cash counts at all Board and Clerk locations. • Reviewed the invoices for payments to the Board funded non -profits. • Reviewed invoices for payments pursuant to the CARES Act and the American Rescue Plan Act (ARPA). • Continued work on establishing audit criteria for Children's Services and other charities. • Reviewed the quarterly investment reports prepared by the Finance Director. • Conducted a review of FPL's franchise fee. • Did onsite reviews of two charities supported by the Board. • Did a review of the Section 8 Housing focusing on Port In payments. • Did a review of the Contract Bidding (Procurement) using sampling. • Did onsite book audits at the Main, North County and Brackett Libraries. • Did an audit of the recreation department referees payments. • Continued reviewing receipting processes including Utilities water sales. • Did an internal investigation into the Utilities Operations Center warehouse. • Did a review of the new MUNIS Workflow process. • Did monthly audits of MUNIS vendor changes. • Monitored the Senior Resource Association's Meals on Wheels billings and supporting documentation. • Conducted risk assessments of grant subrecipients. • Conducted a search for fictitious vendors by matching vendor and employee addresses of both the Board and Clerk. None found. • Sent letters of inquiry to local banks to determine if any unauthorized accounts were established in the name of the Clerk or the Board. None found. • Reviewed the Clerk Title IVD and other monthly/quarterly reports. • Reviewed the Clerk travel vouchers and spot checked the Board travel vouchers. 28 • Spot checked the Emergency Services Fleet inventory. • Reviewed the Board's payroll changes for completeness on a random basis. • Reviewed the Clerk's payroll changes for completeness. • Ongoing monitoring of contractor contingency (force accounts) of contracts and change orders. • Reviewed annual reports and quality assurance reports of Career Source and attended a board meeting. • Did ongoing inventory of evidence items in the Clerk vaults. • Monitored indigent burial costs. • Scanned the Board's general ledger accounts across all funds to detect irregularities. None found. • Scanned the Clerk's general ledger accounts across all funds to detect irregularities. None found. • Reviewed the Board's purchasing card transactions. • Reviewed Finance Department's internal control processes of the Board. • Reviewed Clerk's internal control processes including IT. • Reviewed third party vendors of Board and Clerk for going concern and performance. • Sent letters to department heads and constitutional officers as part of the Annual Audit Plan development process. • Got quote for additional penetration testing of the Clerk's computer system. • Developed an entity wide risk assessment. As part of the routine Comptroller responsibilities, the internal audit activities performed include: • Monitored leases for compliance and to make sure payments are made (lessee) and payments are received (lessor). • Monitored grants for compliance and to make sure reimbursements are received. • Reviewed invoices to make sure discounts are taken. In addition, the Clerk annual audits include: • Each Board department; Clerk; Property Appraiser; Tax Collector; Supervisor of Elections; SRA; and Health Department capital assets. Training/Certification: • Served as the District 5 Director of the Florida Tourist Development Tax Association (FTDTA). • Received training at the annual conference of the FTDTA. • Received training on internal audit provided by the Florida Court Clerks and Comptrollers. 29 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Phillip J. Matson, AICP Community Development Director FROM: Brian Freeman, AICP M PO Staff Director DATE: December 2, 2021 SUBJECT: Extension of Lease Agreement with the Senior Resource Association for the Transit Administration Facility It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 14, 2021. DESCRIPTION, CONDITIONS, & ANALYSIS The Senior Resource Association (SRA) is Indian River County's Community Transportation Coordinator (CTC) and public transportation operator. In this capacity, SRA operates the GoLine fixed -route system and the Community Coach paratransit system, both of which are administered from a county -owned facility at 4385 43rd Avenue. That facility was constructed in 2012 with grant funding from the Federal Transit Administration (FTA). SRA uses the 43rd Avenue facility under a lease that was approved by the Board of County Commissioners effective June 1, 2012, for a 5 -year term at $1.00 per year. On August 16, 2016, that lease was amended to include necessary federal clauses relating to the federal interest in the facility and was extended for an additional two-year period until May 31, 2019. On October 8, 2019, a second lease extension was approved with a new expiration date of May 31, 2021. The SRA desires to renew the facilities lease for an additional 2 -year term. Staff has no objection to the extension. Attached is the proposed Third Extension of Lease Agreement, now expiring on June 30, 2023. FUNDING The lease extension will have no impact to County funds. 30 RECOMMENDATION Staff recommends the Board approve the Third Extension to Lease Agreement and authorize the Chairman to execute the Third Extension. ATTACHMENTS 1. Third Extension to Lease Agreement 31 THIRD EXTENSION TO LEASE AGREEMENT THIS THIRD EXTENSION TO LEASE AGREEMENT ("Third Extension") by and between Indian River County, Florida, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida ("County" or "Landlord"), and Senior Resource Association, Inc., a Florida non-profit corporation, whose address is 694 14th Street, Vero Beach, FL 32960 ("Tenant"). BACKGROUND RECITALS: WHEREAS, the Parties entered into a Lease Agreement ("Agreement") dated July 17, 2012, for a maintenance facility and administrative offices on County owned land located at 4385 and 4395 43rd Avenue, Vero Beach, Florida; and WHEREAS, the term of the Agreement was for five years in order to provide the Tenant with space to store and maintain its fleet of buses, including related operations and administration; and WHEREAS, the Parties entered into an Amendment and Extension to Lease Agreement on August 16, 2016 to include language required in lease agreements for facilities built with Federal Transit Administration funding and to extend the Agreement for a two-year term; and WHEREAS, the Parties entered into a Second Extension to Lease Agreement on October 15, 2019 to extend the Agreement for an additional two-year term, expiring on May 21, 2021; and WHEREAS, the Parties desire to extend the term of the lease for an additional two years; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the parties hereby agree as follows: 1. Recitals. The above recitals are true and incorporated as a part of this document by reference herein. 2. Extension. The term of the Lease Agreement dated July 17, 2012 is hereby extended an additional two years, now terminating on June 30, 2023. 4. Existing Terms and Conditions. Other than the above stated Extension, the terms and conditions of the Lease Agreement dated July 17, 2012, and Amendment dated August 16, 2016, shall remain in full force and effect. THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY. 32 IN WITNESS WHEREOF, the parties hereto have caused this Third Extension to Lease Agreement to be executed by their respective duly authorized representatives as of the date first set forth above. SENIOR RESOURCE ASSOCIATION, INC. INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Karen Deigl, President/CEO of the Senior Resource Association, Inc. Date Approved: Attest: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney Peter D. O'Bryan, Chairman, Board of County Commissioners Date Approved: 33 ?G INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: December 3, 2021 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 and Reactivation of Asset 27619 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. Asset 27619, a Dell 30 -inch monitor was declared surplus by the Board on November 2, 2021, but has been requested to be reactivated and transferred to the Building Division. FUNDING: There is no cost to the County associated with this request. RECOMMENDATION: Staff recommends the Board reactivate asset 27619, and the items on the Excess List for 121421 Agenda as surplus, and authorize their disposal. ATTACHMENT: Excess List for 121421 34 Excess List for 121421 Dept # Asset Fleet Description VIN/Serial Working y/n 101 27478 Dell desktop PC tower - no hard drive 2626940286lc2g4gzl N 101 27479 Dell desktop PC tower - no hard drive 26257645549c29gzl N 101 27522 Dell desktop PC tower - no hard drive 26256059245c286gzl N 101 28154 Dell desktop PC tower - no hard drive 126706033825TJRO52 N 106 21364 664 2003 Ford Ranger - will not start 1FTYRlOD93PB17783 N 106 23211 - Heine Binocular Indirect 25690 N 108 27561 -.Ophthalmoscope Dell Optiplex 7010 Computer (Hard drive removed) C2D3GZ1 N 108 27562 Dell 0 ti lex 7010 Computer - no hard drive C21-14GZ1 N 108 27813 Dell 0 ti lex 9020 -no hard drive CTZQD42 N 110 24383 899 12007 Chevy Glaval31'Bus 1GBESV1947F422463 N 115 28607 Dell Opt! lex 5040 - Media Cart - no hard drive FPXLBB2 N 115 28609 Dell 0 ti lex 5040 Computer - no hard drive 98Q9QD2 N 115 28610 Dell 0 ti lex 5040 Computer - no hard drive 98T8QD2 N 120 16076 572 1996 Freightliner Tanker Truck 1FV2JLC132TL54590 Y 120 19626 Great Dane Walk Behind Mower 200109 Y 120 19641 Great Dane Riding Mover 200107 Y 120 21133 Gravely Riding Mower 12072 Y 120 25019 John Deere Riding Mower 70608ZD72107 Y 120 25020 John Deere Riding Mower 70801ZD20119 Y 120 25022 John Deere Riding Mower 70801ZD20121 Y 120 25633 John Deere Riding Mower unknown Y 120 109770 Hurst 4 Cycle rescue Tool System went into service 1989 arted out 48200 N 120 182070 M/a Comm Radio 1632627 N 120 Echo Edger 526139 Y 120 Echo Edger 537054 Y 120 Echo Edger 5013742 Y 120 Echo Ed er 6842426 Y 120 Echo Edger 575612029079 Y 120 1 Echo Edger 575712003842 Y 120 Echo Edger S75712004123 Y 120 Echo Edger T46814051834 Y 120 Echo Weed Eater 538388 Y 120 Echo Weed Eater 546145 Y 120 _ Echo Weed Eater 557382 Y 120 Echo Weed Eater 684246 Y 120 Echo Weed Eater 868176 Y 120 Echo Weed Eater 5121750 Y 120 Echo Weed Eater 573112507058 Y 120 Echo Weed Eater T42512052765 Y 120 Snapper Push Mower 1378100 Y 120 Snapper Push Mower 2015859941 Y 120 Snapper Push Mower 2016714611 Y 120 Snapper Push Mower 2016793269 Y 120 Snapper Push Mower 2016793542 Y 120 Snapper Push Mower 2017081274 Y 120 Snapper Push Mower 4000086479 Y 120 Snapper Push Mower 1404295636250 Y 120 Snapper Push Mower Y 120 Stihl Edger 53044 Y 120 jStihl Edger 544808 Y 120 1 Stihl Edger 512592435 Y 120 Stihl Edger 515062985 Y 120 Stihl Weed Eater 504318403 Y 120 Stihl Weed Eater 504900782 Y 120 Stihl Weed Eater 504900793 Y 120 Stihl Weed Eater 512139372 Y 120 ITroy Built Push Mower 911075947411 Y 120 Troy Built Push Mower 1305085478966 Y 211 26350Dell O ti lex 790 Computer Tower -No Hard drive FB7M5V1(cs2890) N 211 1 26351E88 Dell O ti lex 790 Computer Tower -No Hard drive FB7NSV1(cs2891) N 222 26501Dell 0 ti lex 790 - No Hard Drive 3Sk5w1 N 241 22972 2006 Jeep Liberty Sport 44 1J8GL48K66W148235 N 241 27393 Dell Latitude E6530 Laptop -Hard Drive Removed C76ZXY1 N 241 lDell R630 Server 5038DH2 Y 241 ITraffic Server Rack 1 of 2 Y 241 ITraffic Server Rack 2 of 2 Y 35 Excess List for 121421 Dept # Asset Fleet Description VIN/Serial Working y/n 244 4418 Sokkisha B2C Automatic Level. Over 4k hours, last operated February 2003 39741 y 244 15327 Topcon GTS - 4A Survey System. Over 12k hours, last operated 1/1/2008 FT0148 Y 244 18952 Topcon GTS- 710 Total Station. Ober 8k hours, last operated May 2018 QY0177 Y 244 28359 Spectra Precision Nomad 9008 Data Collector. Over 2k hours, last operated May 2018 ET61D05890 Y 244 CST Prism Assembly Adaptor y 244 CST Triple Prism y 244 Leitz Prism Assembly Adaptor Y 244 Northwest Pribach With Optical Plummet A00591 y 244 TDS Nomad Data Collector y 244 TDS Recon Data Collector FS54A31327 y 244 Topcon Tribrack with Optical Plummet HZ1063 Y 244 Topcon Triple Prism y 245 21950 815 2004 Ford F350 Super Duty XL- Uknown Issue 1FTWW32SO4ED64422 N 245 23707 229 2006 Ford Ranger 4X2 -Needs Battery 1FTYRlOU47PA23588 N 245 24380 386 12008 Ford F350 Super Duty XL- Unknown Issue 1FTWW32YX8EC52687 N 245 1 25663 445 jAmerican Signal Message Board - Parts only lA9AS4655A2228028 N 241 1 23933 198 12007 GMC Canyon - needs new battery 1GTDT19E278209460 N 36 ?N CONSENT AGENDA Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners FROM: Kristin Daniels Director, Office of Management & Budget DATE: December 7, 2021 SUBJECT: Interest Rate Change on All County Financing (Petition Paving, Utility Assessment Projects, Utility Impact Fees, etc.) DESCRIPTIONS AND CONDITIONS Each year the Board of County Commissioners adjusts the fixed interest rates charged by the County for financing utility assessments, utility impact fees, petition paving assessments and any other financing. County policy has been to set this rate equivalent to the prime interest rate. The prime interest rate listed on Bloomberg on December 7, 2021 is 3.25%. Staff recommends maintaining the current interest rate of 3.25% charged by the County, since no rate change has occurred since last year. The only exception to this interest rate would be for projects directly affiliated with a bond issue for which the bond covenants dictate a different interest rate. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the fixed interest rate of 3.25%. Staff further recommends that this rate remain in effect for calendar year 2022 for all County financing with the exception of projects directly affiliated with a bond issue for which the bond covenants dictate a different interest rate. ATTACHMENT County Financing Interest Rate History 37 W H uNj I.f LU Z Z Z Q Z LL D O E aa� o U m 4U o c c its ccaav y O p a> Go z CO C, w Q) N E � p cco w aD jz •1Z °- o m c m acitUa ca N o co O ", c •�-, r� c O o h 4 m aQ�m o cu t0a,c m ��ooj�� o`mw�•c E 4..t O Q tQo (D� Q) IT I� N 3 ti co w to o a> cu -Q) o �, L 00 N O h� � N •c c co co Q O` LDO co U Ei C O O.Ei+�� 0 co N r goco O U C N W Cl O E LO N O co O Q N mcmuw C t h m cu zc o � m w o oo�i c 'c 0 cu U c to o Z: t \° E mrz O > > (C O O C O •� Q 10 c w w U c co j k y o) m a)a��''m m w yX- •S� 3 cn aai N m O It-> > N w c"aN'c 4 to o.�' co cu o a a> i c p G� O =p G N U cz h h O cz O j r a N O c�aU zco e 0 0\ 0 \ 0 \ 0 0 0 0 0 C'% 0 0 0 0 0 0 0 0 O O O O O O O O N N 1l_ O O O O 0�, ti r01- M M 4 0 0 0 0 O O O O O O O O c (P 0 N CD a o`o-' m m - c 16 c A roc m C1 m U �L E C-% l�C., E iO+ N O = V 0!0 C� �oo� 0 0 0 0 0 0 0 0 O C) O O O O O O O 0 U f- CO O M N r O a;ea ;saga;u� N N N N N N N N E aa� o U m 4U o c c its ccaav y O p a> Go z CO C, w Q) N E � p cco w aD jz •1Z °- o m c m acitUa ca N o co O ", c •�-, r� c O o h 4 m aQ�m o cu t0a,c m ��ooj�� o`mw�•c E 4..t O Q tQo (D� Q) IT I� N 3 ti co w to o a> cu -Q) o �, L 00 N O h� � N •c c co co Q O` LDO co U Ei C O O.Ei+�� 0 co N r goco O U C N W Cl O E LO N O co O Q N mcmuw C t h m cu zc o � m w o oo�i c 'c 0 cu U c to o Z: t \° E mrz O > > (C O O C O •� Q 10 c w w U c co j k y o) m a)a��''m m w yX- •S� 3 cn aai N m O It-> > N w c"aN'c 4 to o.�' co cu o a a> i c p G� O =p G N U cz h h O cz O j r a N O c�aU zco e 0 0\ 0 \ 0 \ 0 0 0 0 0 0 0 0 0 0 0 \ 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O N N 1l_ O O O O ��� r- t- r- ti ti M M 4 0 0 0 0 O O O O O O O O c 0 U a m c m E E } O V 0 O� O if') C M N r 0 01 O N N N r r r r r r r r r r 0 0 U N N N N N N N N N N N N N N N E aa� o U m 4U o c c its ccaav y O p a> Go z CO C, w Q) N E � p cco w aD jz •1Z °- o m c m acitUa ca N o co O ", c •�-, r� c O o h 4 m aQ�m o cu t0a,c m ��ooj�� o`mw�•c E 4..t O Q tQo (D� Q) IT I� N 3 ti co w to o a> cu -Q) o �, L 00 N O h� � N •c c co co Q O` LDO co U Ei C O O.Ei+�� 0 co N r goco O U C N W Cl O E LO N O co O Q N mcmuw C t h m cu zc o � m w o oo�i c 'c 0 cu U c to o Z: t \° E mrz O > > (C O O C O •� Q 10 c w w U c co j k y o) m a)a��''m m w yX- •S� 3 cn aai N m O It-> > N w c"aN'c 4 to o.�' co cu o a a> i c p G� O =p G N U cz h h O cz O j r a N O c�aU zco e INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., Assistant Public Works Director FROM: Kirstin Leiendecker, P.E., Roadway Production Manager SUBJECT: Award of Bid No. 2022007 66th Avenue and 8th Street Signalization Improvements IRC -2002 DATE: December 3, 2021 DESCRIPTION AND CONDITIONS W On February 11, 2020, the Board of County Commissioners approved Work Order No. 31 to Kimley-Horn and Associates, Inc. to provide survey, geotechnical investigation, and design services to add traffic signal mast arm assemblies, roadway resurfacing, and pavement markings at the intersection of 66th Avenue and 811 Street. The project will enhance safety for drivers on both 66th Avenue and 8th Street by adding a signal. The project was advertised for bids and a bid opening for the 66th Avenue and 8th Street Signalization Improvements was held on November 17, 2021. Two (2) bids were received and opened, with one bid being disqualified for failure to submit the bid form updated by Addendum #1. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: COMPANY TOTAL BID Ferreira Construction Southern Division Co., Inc. Hobe Sound, FL $694,326.36 Carr Construction LLC Disqualified Ferreira Construction Southern Division Co., Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $694,326.36. The bid is $151,589.11(27.9%) above the Engineer's Cost Estimate. Ferreira Construction Southern Division Co., Inc. has completed various projects within the County in a satisfactory manner. Please be informed that the current wait time for long -lead items such as mast arms and signal controllers from the time of order to the time of delivery is averaging 6 -months. Staff may 39 therefore delay issuance of the Notice to Proceed based on the delivery schedule for the long lead-time items. FUNDING Funding is budgeted and available in the amount of $694,326.36 from Traffic Impact Fees/District 3/8th Street & 66th Avenue Signal Installation, Account No. 10215341-066440-20015. RECOMMENDATION Staff recommends the project be awarded to Ferreira Construction Southern Division Co., Inc. in the amount of $694,326.36 for the construction of the 66th Avenue and 8th Street Signalization Improvements. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of both the agreement and required Public Construction Bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. ATTACHMENTS Sample Agreement AGENDA ITEM FOR DECEMBER 14, 2021 M SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE1 -WORK ........................................................................................................... 2 ARTICLE 2 - THE PROJECT............................................................................................. 2 ARTICLE3 - ENGINEER.................................................................................................... 2 ARTICLE 4 - CONTRACT TIMES....................................................................................... 2 ARTICLE 5 - CONTRACT PRICE....................................................................................... 3 ARTICLE 6 - PAYMENT PROCEDURES........................................................................... 3 ARTICLE 7 - INDEMNIFICATION....................................................................................... 4 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS...................................................... 4 ARTICLE 9 - CONTRACT DOCUMENTS........................................................................... 5 ARTICLE 10-MISCELLANEOUS......................................................................................7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLYI !E SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) ano (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The proposed improvements to the intersection of 66t"Avenue and 81'' Street consist of the signalization of the intersection by installing mast arm assemblies with all other appurtenances. Also included is milling and resurfacing, signing and pavement markings, and sodding. ARTICLE 2 - THE PROJECT 2.01 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: 66TH AVENUE & 8TH STREET SIGNALIZATION IMPROVEMENTS County Project Number: IRC -2002 Bid Number: 2022007 Project Address: Intersection of 66t' Avenue & 8tH Street, Vero Beach, Florida 32968 ARTICLE 3 - ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 2M calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 42 of the General Conditions on or before the 120th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1.665.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1.665.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: $ Written Amount: F-3al Poi III amm-Nifill':• 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) 43 of the payment amounts due to the CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application provided by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 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 Bidding 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 carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating E. to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. 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 procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. 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 for all subcontractors. n • HIMMA91010TIVIRR 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 45 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the Work (page 00634-1); 9. General Conditions (pages 00700-1 to 00700-37, inclusive); 10. Supplementary Conditions (pages 00800-i to 00800-13, inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Drawings consisting of a cover sheet and sheets numbered 1 through 14, inclusive, with each sheet bearing the following general title: 66TH AVENUE & 8TH STREET SIGNALIZATION IMPROVEMENTS; 13. Addenda (if applicable ); 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits (no permits required) Appendix B — Indian River County Fertilizer Ordinances Appendix C — Indian River County Traffic Engineering Special Conditions for Right of Way Construction Appendix D — Subsurface Soil Exploration and Geotechnical Engineering Evaluation 15. CONTRACTOR'S BID (pages 00310-1 to 00310-7, inclusive); 16. Bid Bond (page 00430-1); 17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 19. Qualifications Questionnaire (page 00456-1 to 00456-3, inclusive); 20. List of Subcontractors (page 00458-1); 21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 22. The following which may be delivered or issued on or after the Effective Date ofthe Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; M c) Change Order(s); ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract 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. 10.03 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. 10.04 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. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. 47 (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 1801 27' Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [The remainder of this page was left blank intentionally] M. 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 , 2021 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY M Peter D. O'Bryan, Chairman Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: am CONTRACTOR: (Contractor) (CORPORATE SEAL) Attest Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: James W. Ennis, P.E., PMP Title: Assistant Public Works Director 1801 27th Street Vero Beach, Florida 32960 (772) 226-1221 Facsimile: (772) 778-9391 License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * M61 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: December 6, 2021 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2022012 — DMZ Modification BACKGROUND: On behalf of the Information Technologies Department, bids were solicited from qualified firms to supply the requested hardware, software and implementation support for the DMZ Modernization Project that will be used to upgrade the County's current computing environment and supporting network infrastructure. The DMZ protects the County's data, while connecting citizens and businesses to County government resources, and offers safer ways to conduct business and attend meetings digitally, such as: • Staff Appointments — County Departments direct residents and businesses to schedule appointments to conduct County business to ensure socially distanced customer service. • Testing Sites — Distribution of testing sites locations. • Mortgage and Rent Payment Assistance Programs — Publishing of CARES Act funding opportunities and direct residents to application. • Small Business Grant Program — Publishing of CARES Act funding opportunities and direct businesses to application. • Public Information Outreach —Continually updated information and press releases regarding County facilities, services, restrictions, and resources. Publish the most current local, state, and federal executive orders related to COVID-19. Publish local Dashboard of COVID-19 statistics for citizen awareness and education. • Digital Public Meetings — Provide digital means for persons to participate public meetings and provide public input without the need for in-person attendance. Live webcasts, links to Zoom, public input forms, archived video and meeting minutes. • Digital Recreation — Parks & Recreation and Library Services provide unique web -based programming to engage citizens during quarantine periods. • Remote Work - The Splashtop application is vital for allowing staff to work remotely during quarantine periods. • Digital Inspection and Permit Status — Contractors can schedule and manage inspections and permits electronically and not have to visit County offices in person. 50 BID RESULTS: Advertising Date: Bid Opening Date: Broadcast to: Bid Documents Obtained by: Replies: September 18, 2021 November 30, 2021 138 Subscribers 17 Vendors 3 Vendors Firm Location Total Bid Sentinel Technologies, Inc. Downers Grove, IL $148,210.04 Princeton IT Services Princeton Junction, NJ DQ* Netsync Tampa DQ* *Disqualified for failure to utilize the bid form supplied in Addendum 4, which modified the equipment list. The Information Technologies Department has reviewed the bid and determined Sentinel Technologies, Inc. to be the lowest, responsive and responsible bidder. The estimated cost of the project was $200,000. SOURCE OF FUNDS: The purchase will be made from various ARP Fund/Information Systems accounts: EDP Equipment, account number 13824113-066470, in the amount of $96,333.86 for the hardware; Software, account number 13824113-068003, in the amount of $28,604.18 for the software; and Other Professional Services, account number 13824113-033190, in the amount of $23,272.00 for the support. The total project cost is $148,210.04. Item Account Name Account Number Amount Hardware ARP Fund/Information Systems/EDP Equipment 13824113-066470 $96,333.86 Software ARP Fund/Information Systems/Software 13824113-068003 $28,604.18 Support ARP Fund/Information Systems/Other Prof. Services 13824113-033190 $23,272.00 RECOMMENDATION: Staff recommends the Board award bid 2022012 to Sentinel Technologies, Inc., approve the Sample Agreement, and authorize the Chairman to sign the agreement after the County Attorney has approved it as to form and legal sufficiency. ATTACHMENT: Sample Agreement 51 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 Sentinel Technologies, 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: Supply the requested hardware, software and implementation support for the DMZ Modernization Project that will be used to upgrade the County's current DMZ computing environment and supporting network infrastructure. These upgrades are intended to enhance the operational efficiency and cybersecurity posture of the County's DMZ computing environment, pursuant to the terms, specifications, and conditions set forth within this bid request. 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: DMZ Modernization Bid Number: 2022012 Project Address: 1800 27th Street, Vero Beach, FL, 32960 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 120th 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. 52 B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $148,210.04 Written Amount: One hundred forty-eight thousand, two hundred ten dollars and four cents. 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 orthe 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. 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. 53 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 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. K. Contractor is actively registered in the System for Award Management (SAM). ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed; (3) Public Construction Bond; (4) Certificate(s) of Liability Insurance; (5) Invitation to Bid 2022012; (6) Addenda (numbers 1 to 4, inclusive); (7) CONTRACTOR'S Bid Form; 54 (8) Bid Bond; (9) Qualifications Questionnaire; (10) Drug Free Workplace Form; (11)Affidavit of Compliance; (12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (13) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (14) Certification Regarding Lobbying; (15) 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 55 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: (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. 56 ARTICLE 10 — FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. B. Rights to Inventions Made Under a Contractor Agreement. See Appendix II of Part 200, if needed. C. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. 57 D. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. E. Debarment and Suspension (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. F. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. G. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program. 58 (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. H. Access to Records: The following access to records requirements apply to this contract: (1) The contractor agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the OWNER and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. I. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. J. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. K. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. L. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. M. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 59 Article 11: 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; (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. In the event of termination, the CONTRACTOR shall be liable for the cost of replacement services, not to exceed 120% of the original contract price, and shall in no event include any consequential or indirect damages of any kind. 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. 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. THE REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY 61 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 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: By: Peter D. O'Bryan, Chairman Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Dan Russell (CISSP, ISSEP, PMP) Director, Information Technology Indian River County 180127th Street Vero Beach, FL, 32960 (772) 226-1698 drussell@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.) 62 1� CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Mattress Firm — Amendment to Lease 1919 US Highway 1, Sebastian, FL 32958 DATE: December 1, 2021 DESCRIPTION AND CONDITIONS The County purchased Sebastian Corners Retail Center, LLC located at 1919-1931 US Highway 1, Sebastian, Florida on September 5, 2017. The purchase was for the relocation of the North County Offices of the Property Appraiser, Clerk of the Court, Utilities Department and Veteran Services. Mattress Firm is a tenant at the retail center. They currently have a five (5) year lease with the County that will expire on June 30, 2022. At the expiration of the current term Mattress Firm will have the Option to extend the lease for a (5) year period from July 1, 2022 —June 30, 2027. Mattress Firm has exercised its option to extend the lease for an additional five (5) year period commencing on July 1, 2022. The base monthly rent for the renewal term will be $5,400.00 ($13.50 per square foot or $64,800.00 annually). IdIILIIalI'll ee No funding is necessary for this action. RECOMMENDATION Staff recommends the Board approve the lease renewal for Mattress Firm and authorize the Chairman to execute the Amendment to Lease. ATTACHMENTS Amendment to Lease APPROVED AGENDA ITEM FOR: December 14. 2021 a, Mattress Firm # 052123 AMENDMENT TO LEASE This Amendment to Lease (this "Amendment") is made to be effective , 2021 between Indian River County ("Landlord"), and Mattress Firm, Inc. ("Tenant"). RECITALS WHEREAS, Landlord and Tenant executed that certain lease agreement dated 3/19/2010 (as amended from time to time thereafter, the "Lease"), in regard to certain premises containing approximately 4800 square feet of leasable floor area located at 1919 U.S. Highway 1, Sebastian, FL, as more particularly described in the Lease; and WHEREAS, Landlord extended lease with Amendment to Lease, approved and executed by Board of County Commissioners on November 6, 2018. WHEREAS, the term of the Amendment to Lease should expire on April 30, 2022: due to the 2020 pandemic Landlord agreed to two month rent abatement extending the Lease thru June 30, 2022; and WHEREAS, Landlord and Tenant desire to modify certain terms and conditions of the Lease. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, Landlord and Tenant hereby agree as follows: 1. Landlord and Tenant acknowledge and agree that the current term of the Lease is set to expire as of 6/30/2022. Landlord and Tenant further acknowledge and agree that notwithstanding anything to the contrary contained in the Lease, base rent for the remainder of the current term through such revised date shall be $11.78 per square foot or $56,544.00 annually, payable in 12 monthly installments of $4,712.00. 2. Landlord and Tenant acknowledge and agree that, following the expiration of the current term, the new lease term shall be five (5) year period from 7/1/2022 to 6/30/2027 (the "Option Term"), and base rent for the Option Term shall be $13.50 per square foot or $64,800.00 annually, payable in 12 monthly installments of $5,400.00. Further, Landlord and Tenant acknowledge and agree that there is no option to extend the Lease past the stated Option Term. 3. Notwithstanding anything to the contrary contained in the Lease, Landlord and Tenant acknowledge and agree that any notices required or permitted to be sent to Tenant under the Lease shall be addressed as follows: Tenant: Mattress Firm # 052123 C/o Mattress Firm, Inc. 10201 South Main Street Houston, Texas 77025 Attention: Real Estate Department With a copy of default notices, if any, to: Mattress Firm # 052123 C/o Mattress Firm, Inc. 10201 South Main Street Houston, Texas 77025 Attention: Lease Admin. Department z MATTRESS FIRM -AMENDMENT - # 052123 4. Landlord and Tenant each represents to the other that the party signing this Amendment on its behalf has the authority to do so and has received all necessary consents and approvals to enter into the agreement set forth in this Amendment and such agreement shall be binding upon Landlord and Tenant and their respective successors and assigns. 5. Except as modified as set forth in this Amendment, all of the terms and provisions of the Lease remain unchanged and in full force and effect and Landlord and Tenant ratify and confirm same. Landlord and Tenant acknowledge and agree that the Lease, as modified by this Amendment, sets forth the entire agreement between Landlord and Tenant. In case of any conflict between the terms and provisions of the Lease and the terms and provisions of this Amendment, the terms and provisions of this Amendment shall control. 6. This Amendment may be executed in counterparts, each of which shall constitute an original, and which together shall constitute one and the same agreement. This Amendment may be executed or delivered by electronic or facsimile means, and copies of executed signature pages stored electronically in portable document format (.pdf) shall be binding as originals. Neither party shall record this Amendment without the express prior written consent of the other. 7. All terms and definitions used in this Amendment not herein defined are to be given the definition of the term as provided in the Lease, unless specifically stated otherwise. IN WITNESS WHEREOF, the parties hereto have executed this Amendment effective as of the day and year first above written. See Attached Landlord Signature Page Tenant: Mattress Firm, Inc. By: Name: Its: rev MATTRESS FIRM -AMENDMENT - # 052123 IN WITNESS WHEREOF, the Landlord has executed this Amendment as of the Effective Date. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman BCC Approved: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Az Deputy Clerk Approved as to form and legal sufficiency 66 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: November 22, 2021 To: Jason E. Brown, County Administrator From: Matt Jordan, Interim Director of Utility Services Prepared By: John Boyer, P.E., Utilities Engineer Subject: 51St Avenue from 65th Street to 69th Street Water Assessment Project Resolution IV: Final Assessment Roll Background On January 19, 2021, the Indian River County (IRC) Board of County Commissioners (BCC) approved the adoption of Resolution 1 (2021-012) and Resolution II (2021-013) for a special assessment in connection with a water main extension on 51St Avenue from 65th Street to 69th Street within a portion of Winter Beach Highlands Subdivision, a portion of Winter Beach Park Subdivision, and certain properties abutting 511t Avenue, located within unincorporated Indian River County. Subsequently, on March 9, 2021, the BCC adopted Resolution III (2021-019) 51St Avenue water main assessment. The project was approved with a budget of $291,400.00, and: a. A total of thirty-one (31) benefitting parcels as part of the special assessment lien; b. An assessment cost per parcel of $9,400.00; and C. Allowed owners of benefitting properties to finance the assessment cost of $9,400.00 through the County for up to 10 years, payable in ten equal yearly installments at an annual interest rate set by the BCC when improvements are completed. Analysis Construction of the project is now complete and the new water system has been placed into service. The actual project cost is summarized below: Item Description Estimated Cost at Resolution III Actual Project Cost (Final) 51St Avenue From 65th St to 69th St $291,400.00 $ 230,971.31* *The Actual Project Cost includes construction, surveying, permitting, IRC staff time and administrative fees. The resulting cost savings will reduce the per -parcel cost for benefitting properties. There are 31 benefitting properties in the project. Thus, the Final Per -Parcel Cost will be: $ 230,971.31 / 31= $7,450.69 Page 1 of 2 67 51" Avenue from 65th Street to 69th Street Water Assessment Project Resolution IV: Final Assessment Roll Currently, the annual interest rate, as set by the BCC, is 3.25%. Should benefitting property owners elect to finance the assessment amount in 10 annual payments, the total payments will be $8,782.63, representing $7,450.69 in principal and $1,331.94 in interest. Additionally, benefiting property owners have 90 days from the date Resolution IV is approved to pre -pay the principal assessment amount in full. Benefitting property owners who choose to finance the assessment may also pay the remaining principal at any time. Funding Funds in the amount of $230,971.31 for this project are derived from the Utility Assessment Fund/51St Ave Water Assessment (account #473-169000-21501). Assessment fund revenues are generated from assessment fees paid by the benefitting property owners. DESCRIPTION ACCOUNT NUMBER AMOUNT Utility Assessment Fund/51St Ave Water Assessment 473-169000-21501 $ 230,971.31 Recommendation Staff requests the Board of County Commissioners adopt Resolution IV for 51St Avenue from 65th Street to 69th Street with a per parcel cost of $7,450.69 and an interest rate of 3.25% for assessment costs. List of attachments 1. Resolution No. IV: Final Assessment Roll Page 2 of 2 F:\Utilities\UTILITY- Engineering\Projects -Assessment Projects\OOOAssessments_2019\03 51st Av 65th to 69th St\Admin\BCC_Items\Resolution_4\00_2021-0518 AgendaRes_IV_51stAvenue.dou As built (Final Reso. 4) RESOLUTION NO. 2021- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CERTIFYING "AS -BUILT" COSTS IN CONNECTION WITH A SPECIAL ASSESSMENT PROJECT FOR A WATER MAIN EXTENSION FROM 65TH STREET TO 69TH STREET, ALONG 51sT AVENUE TO INCLUDE CERTAIN SPECIALLY BENEFITTED PROPERTIES ABUTTING 51ST AVENUE, WITHIN A PORTION OF WINTER BEACH HIGHLANDS AND A PORTION OF WINTER BEACH PARK, LOCATED WITHIN UNINCORPORATED INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. WHEREAS, the Board of County Commissioners of Indian River County determined that a water main extension to serve 31 properties located within a portion of Winter Beach Highlands and a portion of Winter Beach Park and abutting 51St Avenue, in unincorporated Indian River County, Florida was necessary to promote the public welfare of the County; and WHEREAS, on Tuesday March 9, 2021, the Board held a public hearing at which time and place the owners of property to be assessed could appear before the Board to be heard as to the property and advisability of making such improvements; and WHEREAS, after such public hearing was held the County Commission adopted Resolution No. 2021-019, which confirmed the special assessment cost of the project to the property specially benefited by the project in the amounts listed in the attachment to that resolution; and WHEREAS, now that the project has been completed, the Director of Utility Services has certified the actual "asbuilt" cost to be less than the cost in confirming Resolution No. 2021-19, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: To avoid interest and penalty charges, payment may be made within ninety days after passage of this resolution (Resolution No. 2021- ) 2. Payments bearing interest at the rate of 3.25% per annum may be made in ten annual installments, the first to be made twelve months from the due date. The due date is the date of passage of this resolution. 3. The final assessment roll for the project listed in Resolution No. 2021- shall be as shown on the attached Exhibit "A." 4. The assessment, as shown on the attached Exhibit "A," shall stand confirm, and will remain legal, valid, and binding first liens against the property against which such assessments are made until paid. 5. The assessment shown on Exhibit "A," attached to Resolution No. 2021-019, were recorded by the County on the public records of Indian River County, and the lien shall remain prima facie evidence of its validity. W• The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a 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 resolution duly passed and adopted this day of December, 2021. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency: By Dylan Reingold, County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 0 Peter D. O'Bryan, Chairman Attachment: Exhibit "A" - Assessment Roll (to be recorded on Public Records) 2 70 INDIAN RIVER COUNTY - DEPARTMENT OF UTILITY SERVICES 51ST AVENUE - WINTER BEACH HIGHLANDS AND A PORTION OF WINTER BEACH PARK PROPOSED WATER ASSESSMENT PROJECT FINAL ASSESSMENT ROLL - RESOLUTION 4 Exhibit "A" Parcel # 32390900003000000005.0 Assessment= $7,450.69 Owner LONG, WILLIAM H III & JOANNE H Secondary Owner Mailing Address 127 KINGSTON DR BEAR DE 19701 Legal WINTER BEACH HIGHLANDS LOT 5 PBI 6-58 Revision Date: Site Address 6646 51ST AV 11/16/2021 Parcel # 32390900003000000006.0 Assessment= $7,450.69 Owner PAVLIK, FRANCIS J (LE) Secondary Owner PAVLIK, ALEXANDER M Mailing Address 5706 38TH ST VERO BEACH FL 32966 Legal WINTER BEACH HIGHLANDS LOT 6 PBI 6-58 Revision Date: Site Address 6636 51ST AV 11/16/2021 Parcel # 32390900003000000007.0 Assessment= $7,450.69 Owner BENTON, TRISHIA N Secondary Owner AUSTIN, CRAIG M Mailing Address 6626 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOT 7 PBI 6-58 Revision Date: Site Address 6626 51ST AV 11/16/2021 Page 1 F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments_2019\03 51st Av 65th to 69th St\Admin\BCC_Items\Resolution_4\02_FinalAssessmentRoll_RES ION 4 .docx Monday, NoveUer 22, 2021 INDIAN RIVER COUNTY - DEPARTMENT OF UTILITY SERVICES 515T AVENUE - WINTER BEACH HIGHLANDS AND A PORTION OF WINTER BEACH PARK PROPOSED WATER ASSESSMENT PROJECT -� FINAL ASSESSMENT ROLL - RESOLUTION 4 Exhibit "A" Parcel # 32390900003000000008.0 Assessment= $7,450.69 Owner SMIDLEY, TIFFANY Secondary Owner Mailing Address 6616 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOT 8 PBI 6-58 Revision Date: Site Address 6616 51ST AV 11/16/2021 Parcel # 32390900003000000009.0 Assessment= $7,450.69 Owner WOOD, DANIEL Secondary Owner OGLESBY, LACY COX Mailing Address 6596 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOT 9 PBI 6-58 Revision Date: Site Address 6596 51ST AV 11/16/2021 Parcel # 32390900003000000010.0 Assessment= $7,450.69 Owner RACANIELLO, ANTHONY D Secondary Owner RACANIELLO, HALEY G Mailing Address 6576 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOT 10 PBI 6-58 Revision Date: Site Address 6576 51ST AVE 11/16/2021 Page 2 F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments 2019\03 51st Av 65th to 69th 5t\Admin\BCC_Items\Resolution_4\02_FinalAssessment Roll RESo"10N 4 .docx Monday, Novem5er 22, 2021 INDIAN RIVER COUNTY - DEPARTMENT OF UTILITY SERVICES S1ST AVENUE - WINTER BEACH HIGHLANDS AND A PORTION OF WINTER BEACH PARK PROPOSED WATER ASSESSMENT PROJECT ' FINAL ASSESSMENT ROLL - RESOLUTION 4 Exhibit "A" Parcel # 32390900003000000011.0 Assessment= $7,450.69 Owner WARREN, JAMES T and PRISCILLA L Secondary Owner Mailing Address 6570 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOT 11 PBI 6-58 Revision Date: Site Address 6570 51ST AV 11/16/2021 Parcel # 32390900003000000012.0 Assessment= $7,450.69 Owner ARIZPE, JUAN F Secondary Owner Mailing Address 6566 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOT 12 PBI 6-58 Revision Date: Site Address 6566 51ST AV 11/16/2021 Parcel # 32390900003000000013.0 Assessment= $7,450.69 Owner SISTLER, WILLIAM H & BRENDA H Secondary Owner Mailing Address 108 KILDARE DR SEBASTIAN FL 32958 Legal WINTER BEACH HIGHLANDS LOTS 13 & 14 PBI 6-58 Revision Date: Site Address 6556 51ST AV 11/16/2021 Page 3 F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments 2019\03 51st Av 65th to 69th St\Admin\BCC_Items\Resolution_4\02_FinalAssessment Rol l_RES0�e�_ lON_4_ docx Monday, November 22, 2021 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES 51ST AVENUE — WINTER BEACH HIGHLANDS AND A PORTION OF WINTER BEACH PARK PROPOSED WATER ASSESSMENT PROJECT FINAL ASSESSMENT ROLL — RESOLUTION 4 Exhibit "A" Parcel # 32390900003000000016.0 Assessment= $7,450.69 Owner SCHENSKY, ELDRIDGE V Secondary Owner Mailing Address 6535 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOT 16 PBI 6-58 Revision Date: Site Address 6535 51ST AV 11/16/2021 Parcel # 32390900003000000017.0 Assessment= $7,450.69 Owner THOMPSON-HILL, LINDA Secondary Owner Mailing Address 6545 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOTS 17 & 18 PBI 6-58 Revision Date: Site Address 6545 51ST AV 11/16/2021 Parcel # 32390900003000000019.0 Assessment= $7,450.69 Owner BRISSETTE, JEFFREY P Secondary Owner Mailing Address 6565 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOT 19 & LO T 20 LESS N 1/2 PBI 6-58 Revision Date: Site Address 6565 51ST AV 11/16/2021 Page 4 F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments 2019\03 51st Av 65th to 69th St\Admin\BCC_Items\Reso1ution_4\02_EinalAssessmentRoll RES74ION 4 .docx Monday, November 22, 2021 INDIAN RIVER COUNTY - DEPARTMENT OF UTILITY SERVICES S15T AVENUE - WINTER BEACH HIGHLANDS AND A PORTION OF WINTER BEACH PARK PROPOSED WATER ASSESSMENT PROJECT FINAL ASSESSMENT ROLL - RESOLUTION 4 Exhibit "A" Parcel # 32390900003000000020.1 Assessment= $7,450.69 Owner OHLER, JOHN MICHAEL JR & JOY BASS Secondary Owner Mailing Address 6585 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS N 1/2 OF LO T 20 & ALL LOT 21 PBI 6-58 Revision Date: Site Address 6585 51ST AV 11/16/2021 Parcel # 32390900003000000022.0 Assessment= $7,450.69 Owner OHLER, JOHN M 1R Secondary Owner Mailing Address 6585 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOT 22 PBI 6-58 Revision Date: Site Address 6595 51ST AV 11/16/2021 Parcel # 32390900003000000023.0 Assessment= $7,450.69 Owner BASS, OSCAR E (LE) and LAWANA J (LE) Secondary Owner Mailing Address 6615 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOTS 23 & 24 PBI 6-58 Revision Date: Site Address 6615 51ST AV 11/16/2021 Page 5 F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments_2019\03 51st Av 65th to 69th St\Admin\BCC_Items\Resolution_4\02_FinalAssessmentRoll RES(7VKION 4 .docx Monday, Novem er 22, 2021 INDIAN RIVER COUNTY - DEPARTMENT OF UTILITY SERVICES 51ST AVENUE - WINTER BEACH HIGHLANDS AND A PORTION OF WINTER BEACH PARK PROPOSED WATER ASSESSMENT PROJECT FINAL ASSESSMENT ROLL - RESOLUTION 4 Exhibit "A" Parcel # 32390900003000000025.0 Assessment= $7,450.69 Owner HOPKINS, DUSTIN G Secondary Owner DUPUIS, CARLEE M Mailing Address 6635 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOT 25 PBI 6-58 Revision Date: Site Address 6635 51ST AV 11/16/2021 Parcel # 32390900005000000001.0 Assessment= $7,450.69 Owner LOUDERMILK, STEVEN M Secondary Owner Mailing Address 6655 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 1 PBI 10-7 Revision Date: Site Address 6885 51ST AV 11/16/2021 Parcel # 32390900005000000002.0 Assessment= $7,450.69 Owner MARTIN, CAROLYN S & ARTHUR T Secondary Owner Mailing Address 6880 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 2 PBI 10-7 Revision Date: Site Address 6880 51ST AV 11/16/2021 Page 6 F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments_2019\03 51st Av 65th to 69th 5t\Admin\BCC_Items\Resolution_4\02 FinalAssessmentRoll_REs ION 4 .docx onday M, November 22, 2021 INDIAN RIVER COUNTY - DEPARTMENT OF UTILITY SERVICES S1ST AVENUE - WINTER BEACH HIGHLANDS AND A PORTION OF WINTER BEACH PARK PROPOSED WATER ASSESSMENT PROJECT JIM FINAL ASSESSMENT ROLL - RESOLUTION 4 Exhibit "A" Parcel # 32390900005000000003.0 Assessment= $7,450.69 Owner COUNCIL, SHAWN M Secondary Owner Mailing Address 6865 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 3 PBI 10-7 Revision Date: Site Address 6865 51ST AV 11/16/2021 Parcel # 32390900005000000004.0 Assessment= $7,450.69 Owner MILLER, LYN C Secondary Owner Mailing Address 6868 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 4 PBI 10-7 Revision Date: Site Address 6868 51ST AV 11/16/2021 Parcel # 32390900005000000005.0 Assessment= $7,450.69 Owner COUNCIL, THOMAS F and NADINE C Secondary Owner Mailing Address 6845 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 5 PBI 10-7 Revision Date: Site Address 6845 51ST AV 11/16/2021 Page 7 F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments_2019\03 51st Av 65th to 69th St\Admin\BCC_Items\Resolution_4\02_FinalAssessmentRoll RES�10N 4 .docx Monday, November 22, 2021 INDIAN RIVER COUNTY - DEPARTMENT OF UTILITY SERVICES 5157 AVENUE - WINTER BEACH HIGHLANDS AND A PORTION OF WINTER BEACH PARK PROPOSED WATER ASSESSMENT PROJECT � FINAL ASSESSMENT ROLL - RESOLUTION 4 Exhibit "A" Parcel # 32390900005000000006.0 Assessment= $7,450.69 Owner MCINTOSH, JAMES M Secondary Owner Mailing Address 6840 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 6 PBI 10-7 Revision Date: Site Address 6840 51ST AV 11/16/2021 Parcel # 32390900005000000007.0 Assessment= $7,450.69 Owner D-ONOFRIO, SABINA Secondary Owner Mailing Address 6825 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 7 PBI 10-7 Revision Date: Site Address 6825 51ST AV 11/16/2021 Parcel # 32390900005000000008.0 Assessment= $7,450.69 Owner GIANNA, FRANK J and JANE P Secondary Owner Mailing Address 6820 51ST AVE VERO BEACH FL 32968 Legal WINTER BEACH PARK LOT 8 PBI 10-7 Revision Date: Site Address 6820 51ST AV 11/16/2021 Page 8 F:\Utilities\UTILITY- Engineering\Projects - Assessment Projects\OOOAssessments 2019\03 Slst Av 65th to 69th St\Admin\BCC_Items\Resolution_4\02_FinalAssessmentRoll t� RESc��ION 4 .docx Monday, NovembAer 22, 2021 INDIAN RIVER COUNTY - DEPARTMENT OF UTILITY SERVICES 515T AVENUE - WINTER BEACH HIGHLANDS AND A PORTION OF WINTER BEACH PARK PROPOSED WATER ASSESSMENT PROJECT FINAL ASSESSMENT ROLL - RESOLUTION 4 Exhibit "A" Parcel # 32390900005000000009.0 Assessment= $7,450.69 Owner VOGAN, DORIS Secondary Owner Mailing Address 6785 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 9 PBI 10-7 Revision Date: Site Address 6785 51ST AV 11/16/2021 Parcel # 32390900005000000010.0 Assessment= $7,450.69 Owner BRITTINGHAM, STEPHEN T & ROBIN S Secondary Owner Mailing Address 6780 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 10 PBI 10-7 Revision Date: Site Address 6780 51ST AV 11/16/2021 Parcel # 32390900005000000011.0 Assessment= $7,450.69 Owner BURZYNSKI, DONALD R and PATRICIA JCY Secondary Owner Mailing Address 6765 51ST AVE VERO BEACH FL 32966 Legal WINTER BEACH PARK LOT 11 PBI 10-7 Revision Date: Site Address 6765 51ST AV 11/16/2021 Page 9 F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments_2019\03 51st Av 65th to 69th St\Admin\BCC_Items\Reso1ution_4\02_Fina1AssessmentRo11_RES7 ION_4_.docx onday M, Novem"ber 22, 2021 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES S1ST AVENUE — WINTER BEACH HIGHLANDS AND A PORTION OF WINTER BEACH PARK PROPOSED WATER ASSESSMENT PROJECT FINAL ASSESSMENT ROLL — RESOLUTION 4 Exhibit "A" Parcel # 32390900005000000012.0 Assessment= $7,450.69 Owner PREZIOSO, CAROL K Secondary Owner Mailing Address 6760 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 12 PBI 10-7 Revision Date: Site Address 6760 51ST AV 11/16/2021 Parcel # 32390900005000000013.0 Assessment= $7,450.69 Owner BRIGGS, JAMES A & CYNTHIA 0 Secondary Owner Mailing Address 6745 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 13 PBI 10-7 Revision Date: Site Address 6745 51ST AV 11/16/2021 Parcel # 32390900005000000014.0 Assessment= $7,450.69 Owner SIMMONS, JEFFREY A Secondary Owner SIMMONS, YUXIA Mailing Address 6740 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 14 PBI 10-7 Revision Date: Site Address 6740 51ST AV 11/16/2021 Page 10 F:\Utihties\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments 2019\03 51st Av 65th to 69th St\Admin\BCC_Items\Resolution_4\02_FinalAssessmentRoll_RESION 4 .docx ondayemb M, Nover 22, 2021 INDIAN RIVER COUNTY - DEPARTMENT OF UTILITY SERVICES 51ST AVENUE - WINTER BEACH HIGHLANDS AND A PORTION OF WINTER BEACH PARK PROPOSED WATER ASSESSMENT PROJECT FINAL ASSESSMENT ROLL - RESOLUTION 4 Exhibit "A" Parcel # 32390900005000000016.0 Assessment= $7,450.69 Owner WANDS, GERARD K Secondary Owner RICHARDS, REGINA Mailing Address 6720 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 16 PBI 10-7 Revision Date: Site Address 6720 51ST AV 11/16/2021 Parcel # Assessment= Owner Secondary Owner Mailing Address Legal Revision Date: Site Address Parcel # Assessment= Owner Secondary Owner Mailing Address Legal Revision Date: Site Address Page 11 F;\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments 2019\03 51st Av 65th to 69th St\Admin\BCC_Items\Resolution_4\02_FinalAssessmentRoll RES�(ION 4 .docx Monday, November 22, 2021 EINDIAN RIVER COUNTY, FLORIDA • MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director James W. Ennis, P.E., PMP, Asst. Public Works Director FROM: Rob Skok, Infrastructure Project Manager SUBJECT: Fleet Facility Fuel Island Canopy Refurbishment Release of Retainage and Change Order No. 1 IRC -2025 DATE: November 30, 2021 DESCRIPTION AND CONDITIONS On June 15, 2021 the Board of County Commissioners awarded Bid No. 2021024 to JSR Enterprises East Coast, LLC. d/b/a JSR Fueling Technologies, LLC. in the amount of $128,004.22 for the refurbishment of the fuel canopy including aluminum panel replacements, reseal gutters, repair drains, light replacements, and new paint. Change Order No. 1 is to make final adjustments to contract bid items for a decrease to the total contract price by $9,519.50 for a final cost of $118,484.72 and make final contract time adjustments. JSR Fueling Technologies, LLC. has successfully completed the project and has been paid $112,560.48 with $5,924.24 held in retainage to date. JSR Fueling Technologies, LLC. has submitted Contractor's Application for Payment No. 4 for release of retainage in the amount of $5,924.24. FUNDING Funding in the amount of $5,924.24 is budgeted and available from the following account: Fleet Facility Refurbishment Account No. 501-206000 Retainage/JSR Fueling Technologies, LLC $5,924.24 MN RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 4 to JSR Fueling Technologies, LLC. in the amount of $5,924.24 for release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Contractor's Application for Payment No. 4 2. Change Order No. 1 APPROVED AGENDA ITEM FOR December 14. 2021 DATE OF ISSUANCE: SECTION 00942 - Change Order Form No. 1 EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR JSR Fueling Technologies, LLC Project: FLEET FACILITY FUEL ISLAND CANOPY REFURBISHMENT OWNER's Project No. IRC -2025 OWNER'S Bid No. 2021024 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items in order to finalize the contract amount, release retainage to the Contractor and make final contract time adjustments. Attachments: (List documents supporting change) Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $128,004.22 Net decrease of this Change Order: $(9,519.50) Contract Price with all approved Change Orders: $118,484.72 ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Substantial Completion: 90 Final Completion: 120 Net increase this Change Order: (days) Substantial Completion: 10 Final Completion: 10 Contract Time with all approved (days) Change Orders: Substantial Completion: 100 Final Completion: 130 RECOMMENDED: By: ENGINEER (Signature) Date: APPROVED: By: OWNER (Signature) Date: Z CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: Fleet Facility Fuel Island Canopy Refurbishment PROJECT NO. IRC- 2025 BID NO. 2021024 Item No. Description Unit Quantity Unit Price Price Increase Price Decrease WCD#1 Addition of Os ho rust inhibitor LS 1.00 3760.50 3,760.50 WCD#2 Electrical Replacement of lighting Conduit, Junction Boxes LS 1.00 6720.00 6,720.00 999-25 Force Account 20,000.00 SUBTOTALS 10,480.50 20,000.00 Fleet Facility Fuel Island Canopy Refurbishment TOTAL -$9,519.50 1 85 FAPublic Wodcs\ENGINEER ING DIVISION PROJECTS\2025 IRC Fleet Facility Gas Island Canopy Replacement\1-Admin\Agenda Items\Project Closeout\IRC-2025_FCO_20211214 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-1570 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: December 3, 2021 SUBJECT: Addition to Cash and Surplus Investment Policy J`46COUNtyC • O aA � i 1R�n.ea ►r BACKGROUND During the Investment Advisory Committee meeting on December 2, 2021, a minor addition was recommended to the Cash and Surplus Funds Investment Policy. In Section V, Portfolio Investments, under subsection "Prohibited Investments" (Item #9), the following sentence has been added: Cryptocurrency purchases of any kind are prohibited. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the Cash and Surplus Investment Policy change. Attached is a complete policy with the recommended addition. s INDIAN RIVER COUNTY FLORIDA Board of County Commissioners � CASH AND SURPLUS FU: DS INVESTMENT POLICY *411tORWtA Prepared by the Clerk of the Circuit Court and Comptroller As amended by the Board of County Commissioners Revised December 14, 2021 INDIAN RIVER COUNTY, FLORIDA CASH AND SURPL US FUNDS INVESTMENT POLICY TABLE OF CONTENTS I. OVERVIEW AND PURPOSE............................................................................. 1 II. OBJECTIVES....................................................................................................... 1 III. DELEGATION OF AUTHORITY AND OVERSIGHT PROCEDURES.......... 2 IV. PRUDENCE......................................................................................................... 2 V. PORTFOLIO INVESTMENTS........................................................................... 3 VI. MATURITY AND LIQUIDITY.......................................................................... 3 VII. PERFORMANCE MEASURES.......................................................................... 4 VIII. PORTFOLIO COMPOSITION, RISK AND DIVERSIFICATION .................... 4 IX. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS ................. 4 X. SAFEKEEPING AND CUSTODY...................................................................... 5 XI. AGREEMENTS................................................................................................... 5 XII. BID REQUIREMENTS........................................................................................ 5 XIII. INTERNAL CONTROLS.................................................................................... 6 XIV. REPORTING........................................................................................................6 XV. CONTINUING EDUCATION............................................................................. 6 OVERVIEW AND PURPOSE This policy applies to all cash and surplus funds of Indian River County except 1) debt proceeds and 2) monetary assets held by other entities on behalf of the County. Indian River County often has funds available in excess of those required to meet short- term expenses (surplus funds). It is in the best interest of the citizens of Indian River County that an investment policy be established to provide guidelines for the investment of those surplus funds in such a manner as to preserve the safety and liquidity of those funds and to provide a competitive return on investments consistent with proper safeguards for the handling of government funds. The investment policy must comply with all applicable State laws regarding investment of public monies. The purpose of this document is to provide the Clerk of the Circuit Court, who is responsible for the investment of County surplus funds, a set of procedures and guidelines for investment selection and monitoring of invested funds. Investment objectives, performance measurement, prudence and ethical standards, authorized investments, maturity and liquidity requirements, portfolio composition, risk and diversification, authorized investment institutions and dealers, third party custodial agreements, master repurchase agreements, bid requirements, internal controls, reporting and continuing education will be established by this investment policy and serve as the framework for all investment activities. Il. OBJECTIVES The primary objectives of investment activities carried out by the Clerk shall be the following in order of importance: 1. To preserve capital in the overall portfolio and to maintain the safety of principal; 2. To remain sufficiently liquid to meet disbursement requirements that might be reasonably anticipated; and 3. To manage the investment portfolio to provide a competitive return consistent with objectives in Items 1 and 2 and other risk limitations described in this policy. The highest priority of all investment activities shall be the safety of principal and liquidity of funds. The optimization of investment returns shall be secondary to the requirements for safety and liquidity. I1I. DELEGATION OF A UTHORITYAND OVERSIGHT PROCEDURES 1. The responsibility for conducting investment transactions rests with the Clerk of the Circuit Court. The Clerk may delegate the responsibility for day-to-day investment decisions to deputy clerks. The Finance Director will provide investment information to the Clerk concerning investment decisions made by deputy clerks managing the investments. An Investment Advisory Committee consisting of the County Administrator or his designee and at least two citizens selected by the Clerk shall meet regularly (at least quarterly) to evaluate investment performance of the County's investment portfolio, to evaluate current and future liquidity needs and investment strategy, and to prepare reports for the Board of County Commissioners. The Committee will recommend appropriate investment policies and procedures for all investment activities carried out by the Clerk. The Committee will perform an annual review of those investment policies and procedures. 3. The Clerk may use professional money management to assist in the investment of County surplus funds consistent with this policy. If such management is employed they shall act in a co -fiduciary relationship with the Clerk to insure that ample liquidity is maintained to meet County cash flow requirements. Money managers are required to provide investment strategy reviews to the Investment Advisory Committee quarterly or more frequently if requested. Money managers shall provide portfolio valuations monthly or more frequently if requested. An outside consultant may be utilized to evaluate investment performance of outside money managers. Performance figures will be calculated net of all fees and commissions. The consultant will provide comparative performance analysis on money managers to the Investment Advisory Committee quarterly. Money managers' performance, calculated in accordance with the Chartered Financial Analysts (CFA) Institute's performance presentation standards, will be compared to standard benchmarks. IV. PRUDENCE The standard of prudence to be applied by the Clerk shall be the "Prudent Person Rule" which states, "Investments should be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived from the investment." The Prudent Person Rule shall be applied in the context of managing the overall portfolio. The Clerk, in accordance with Section 218.415 of the Florida Statutes and County procedures, will exercise due diligence. The Clerk will follow these policies and procedures. He will work with the Finance Director who will report to him any individual security's credit risk or market price change and recommend appropriate action be taken to control adverse developments. 2 90 V. PORTFOLIO INVESTMENTS AUTHORIZED INVESTMENTS Authorized surplus funds shall be subject to restrictions as may be imposed by law (Section 218.415 of Florida Statutes). Funds will only be invested in the following securities: 1. Direct obligations of the United States Treasury; 2. Any intergovernmental investment pool, with the exception of SBA pools, authorized pursuant to the Florida Interlocal Cooperation Act as provided in FS 163.01. 3. Florida Local Government Investment Trust Fund (FLGIT); 4. Interest-bearing time deposits or savings accounts in qualified public depositories as defined in Section 280.02, Florida Statutes; 5. Federal agencies and instrumentalities; 6. Securities of, or other interests in, any open-end or closed-end management -type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian; 7. Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency; or 8. Repurchase agreements with a term of one (1) year of less collateralized by direct obligations of the United States Government which have maturities of three (3) years or less and a market value of 103% or more of the repurchase amount; PROHIBITED INVESTMENTS 9. Derivatives (defined as a financial instrument the value of which depends on, or is derived from, the value of one or more underlying assets or index or asset values), reverse repurchase agreements, or similar forms of leverage are prohibited; Cryptocurrency purchases of any kind are prohibited; 10. Premiums will not be paid for any investments. All investments will be purchased at par or at a discount. VI. MATURITY AND LIQUIDITY County investments shall be managed to maintain liquidity for meeting the County's need for cash and to limit potential market risks. To the extent possible, an attempt will be made 91 to match investment maturities with known cash needs and anticipated cash flow requirements. V11. PERFORMANCE MEASURES The yield of the one-year Treasury at a constant, fixed maturity is established as the benchmark for investment of County funds. The actual performance of the portfolio may vary depending on changes in interest rates. VIII. PORTFOLIO COMPOSITION, RISK AND DIVERSIFICATION The following are the guidelines for investments and limits on security issues, issuers and maturities as established by the County. The Investment Advisory Committee shall have the option to further restrict or increase investment percentages from time to time based on market conditions. Purchases of investments based on bond covenant requirements shall not be included in the portfolio composition calculation. With the exception of United States Treasury Obligations, no more than 20% of the entire portfolio shall be invested in any one federal agency. No more than 10% of the portfolio may be placed in any one Qualified Public Depository (and collateralized in accordance with State requirements). In addition, no more than $6.5 million of the portfolio, including accrued interest, may be placed in certificates of deposit with any one financial institution. The 10% requirement per QPD includes all accounts held and certificates of deposit. No more than 10% of the portfolio may be placed in any one money market fund, mutual fund, or intergovernmental investment pool. All investments must have stated maturities of ten (10) years or less and no more than 25% of the portfolio shall be invested in instruments with stated final maturities greater than five (5) years. The portfolio shall have securities with varying maturities and at least 10% of the portfolio shall be invested in readily available funds. IX. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS Purchases and sales of authorized investments will only be made through financial institutions that are qualified as public depositories by the Chief Financial Officer of the State of Florida or are "primary dealers" as designated by the Federal Reserve Bank of New York or are broker/dealers that qualify under Securities and Exchange Commission Rule 15C3 (Uniform Net Capital Rule). The Investment Advisory Committee must approve all brokers and dealers who desire to transact trades with the County. All brokers and dealers who desire to transact trades with the County must provide the Finance Director with the following: A. Audited financial statements, B. Proof of Financial Industry Regulatory Authority certification, unless the broker falls under the classification of a "bank dealer", and then must provide a company letter stating such, C. Proof of state registration, when required, and 4 92 D. Certification of having read the County Investment Policy. Brokers and dealers who have been approved by the Investment Advisory Committee must provide annual audited financial statements to the Finance Director. The Investment Advisory Committee will annually review the list of approved institutions and brokers. X. SAFEKEEPING AND CUSTODY All securities purchased by the Clerk shall be properly designated as an asset of the County and held in safekeeping by a third party custodial bank, chartered by the United States Government or the State of Florida, and no withdrawal of such securities, in whole or in part, shall be made from safekeeping except by the Finance Director or his designee. The Clerk will execute third party custodial agreements with banks. Such agreements will include details as to the responsibilities of each party, the costs to be borne by each party, notification of security purchases, sales, delivery, repurchase agreements and wire transfers, safekeeping and transaction costs, and procedures in case of unforeseen mishaps. X1. AGREEMENTS The Clerk will execute bank and investment agreements. Such agreements will include details as to the responsibilities of each party, costs to be borne by each party, notification of wire transfers, and transaction costs. XII. BID REQUIREMENTS After the Finance Director has determined the approximate maturity date based on the cash flow needs and market conditions and has analyzed and selected one or more optimal types of investments, a minimum of three qualified brokers and/or dealers will be contacted and asked to provide bids on the securities in question. In most situations the competitive bid process shall be utilized, except when securities are purchased as an initial offering. The Finance Director will choose the appropriate brokers or dealers from among those on the approved broker/dealer list based on expertise, competitiveness and the ability to execute the transaction and deliver the securities on a timely basis. A minimum of three (3) bids will be obtained. A broker's response that they are unable to bid on the investment can be counted as one of the required bids. 1. Bids will be held in confidence until the best bid is determined and awarded, 2. Documentation will be retained for all bids, with the winning bid clearly identified, 3. If for any reason the highest bid (on sales of investments) or the lowest bid (on purchases of investments) is not selected, then the reasons leading to that decision will be clearly documented, 4. If the maturing investment is a certificate of deposit, the present holder of the funds will be one of the contacts made, subject to the portfolio diversification requirements in this policy and the institutions' ability to maintain collateral. 93 XIII. INTERNAL CONTROLS The Clerk shall adopt a written set of internal controls and operational procedures to be implemented by the Finance Director, which said controls are designed to protect the County's funds and ensure proper accounting and reporting of securities transactions. Such internal controls shall consist, at a minimum, of the following: 1. All securities purchased or sold will be transferred only under the "delivery versus payment" (DVP) method to ensure that funds or securities are not released until all criteria relating to the specific transaction are met; 2. The Clerk is authorized to accept, on behalf of and in the name of Indian River County, bank trust receipts or confirmations as evidence of actual delivery of the obligations or securities in return for investment of funds; and Trust receipts or confirmations shall fully describe the various obligations or securities held. The receipt or confirmation shall state that the investment is held in the name of Indian River County. 4. The written system of internal controls and operational procedures shall be approved by the Investment Advisory Committee and shall be subject to review by the external auditors as part of the annual financial audit. XIV. REPORTING Quarterly reports will be prepared disclosing current investments, the book value of all investments, earnings for the quarter, market values for all investments, purchases, sales, and maturities of investments and such other information as may be requested. Quarterly and annual reports concerning the investment activities, investment portfolio and performance will be submitted to the Investment Advisory Committee and placed on the consent agenda of the Board of County Commissioners. XV. CONTINUING EDUCATION Given the often complex and diverse nature of investments, and the importance of balancing the safety and liquidity of investments against the desire to maximize interest earnings, deputy clerks responsible for making investment decisions must annually complete sufficient continuing education as required by State law in subjects or courses of study related to investment practices and products. 6 94 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Molly Klinepeter, Lagoon Plan Environmental Specialist SUBJECT: Indian River County Lagoon Management Plan Development Services Tetra Tech Inc., Work Order No. 10 DATE: December 1, 2021 DESCRIPTION AND CONDITIONS On April 17, 2018, the Board of County Commissioners (BCC) approved the Continuing Contract Agreement for Continuing Engineering Services with Tetra Tech, Inc. for professional water resource engineering support services. The original contract was for three (3) years with an option for one (1) two-year extension at the County's discretion. This contract was renewed on May 18, 2021 for the two (2) year extension Indian River County adopted an outline for developing the County's Lagoon Management Plan on July 16, 2019. Staff was approved to use a multi -phased approach to develop this plan over an identified timeline. Staff presented four quarterly presentations to the BCC on information collected during the Research Review Phase of Plan development, with the final presentation made on September 21, 2021. The proposed Work Order No. 10 provides professional services required to assist staff in the development of the Indian River County Lagoon Management Plan. This plan will make recommendations for management strategies and identify projects supported by the data analyzed during the Research Review Phase. The cost for Work Order No. 10 is a lump sum amount of $40,576.00. The anticipated completion date for a draft version of the Indian River County Lagoon Management Plan is September 2022. FUNDING Funding for professional water resource engineering support services is budgeted and available in the Indian River Lagoon/Other Professional Services, Account No. 00128337-033190. Account Name I Account No. Amount Indian River Lagoon/Other Professional Services 1 00128337-033190 $40,576.00 95 Indian River Lagoon Management Plan December 14, 2021 BCC Agenda Page 2 of 2 RECOMMENDATION Staff recommends the BCC approve Tetra Tech, Inc. Work Order No. 10 in the amount of $40,576.00 for professional water resource engineering support services associated with supporting County staff's development of the Indian River Lagoon Management plan. In addition, staff recommends that the Board authorize the Chairman to execute Work Order No. 10. ATTACHMENT 1. Tetra Tech, Inc. Work Order No. 10 2. Work Order #10 execution form APPROVED AGENDA ITEM FOR: DECEMBER 14, 2021 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C40F8769\@BCL@C40F8769.docx et Exhibit A TETRA TECH November 1, 2021 Eric Charest Indian River County Department of Public Works 1801 27th Street Vero Beach, FL 32960-3388 Email: echarest _,irc ov.com Subject: Proposal to Indian River County for Development of an Indian River Lagoon Management Plan Dear Mr. Charest: Tetra Tech, Inc. (Tetra Tech) is pleased to provide Indian River County (IRC) with this proposal for services to carry forward the development of a comprehensive Indian River Lagoon (IRL) Management Plan in IRC. BACKGROUND IRC is located along the IRL, which is one of the nation's most ecologically diverse estuaries and an important ecosystem in the state of Florida. The local governments and state agencies have been working together to restore this system, which has been impaired by excessive nutrient inputs that are causing algal blooms and low dissolved oxygen conditions. IRC has been collecting data on its portion of the IRL and providing regular updates to the County Commission on research areas since 2019. Based on the information provided, the Commission has asked IRC staff to begin preparing a Lagoon Management Plan. Tetra Tech has been working with IRC to develop the IRL Management Plan since 2018. In 2019, IRC hired an IRL Plan Environmental Specialist who will take the lead on preparing the plan. The proposed plan should include and possibly be organized by the 17 subject areas presented to the County Commissioners. The plan should also include potential projects to achieve the goals and an estimate of the economic benefit of a healthy IRL to ensure projects are being prioritized to achieve the greatest impact in IRC. This plan will be used to guide future project implementation within IRC and to provide information necessary to apply for grants and other matching funds. It is anticipated that the plan will be updated every three to five years. SCOPE OF WORK Task 1: Plan Support Tetra Tech will work collaboratively with IRC staff during plan development to assist IBC's IRL Plan Environmental Specialist to ensure that all necessary information is included. Tetra Tech Tetra Tech, Inc. I I Riverside Drive, Suite 204, Cocoa, FL 32922 Tel 321.636.6470 Fax 321.636.6473 www.tetratech.com Gil Mr. Eric Charest November 1, 2021 Page 2 of 4 will assist with the review of the data gaps for IRC to determine potential projects to achieve the required load reductions. Tetra Tech will also meet with IRC staff and officials from various departments to determine what other specific goals and visions are intended for the IRL Management Plan and compile a list of projects that are already planned or identified within the IRL Basin. Tetra Tech will also compile available economic evaluations for the IRL Basin, which will be used to determine the economic benefit of an improved IRL specifically for IRC. Tetra Tech will use this information to develop an outline of the IRL Management Plan and an initial vision for a cohesive plan that outlines the potential water quality projects and management actions for the protection and restoration of the IRL in IRC. PROJECT SCHEDULE The approximate duration noted for each task is based on our current understanding and best estimates of time required to perform the basic services and may be subject to change upon agreement between IRC and Tetra Tech. Task Timeline Notice to Proceed TP November 1, 2021 Draft IRL Management Plan July 2022 ASSUMPTIONS Tetra Tech's scope of services and project costs were developed with the following assumptions: • Tetra Tech will review available data provided by IRC. No field sampling or analysis will be conducted by Tetra Tech. • Tetra Tech staff will be compiling the project information provided by IRC. Tetra Tech will assist in identifying projects; however, design services are not included in this proposal. • IRC's IRL Plan Environmental Specialist will lead the effort to coordinate with IRC departments to gather information on existing projects, planned projects, priorities, and other necessary details for the plan. • Additional restrictions or limitations as a result of COVID-19, weather, or other unforeseen circumstances will not inhibit Tetra Techs level of effort or schedule. PROJECT COST The estimated costs are based on our current understanding of the project requirements and best estimates of level of effort required to perform the basic services and may be subject to change upon agreement between IRC and Tetra Tech. Our Time and Materials price proposal includes labor hours and travel costs in the amount of $40,576.00, as outlined in Table 1. Tetra Tech will invoice IRC each month for services rendered during the previous calendar month based on work completed for each task. Tetra Tech shall be paid for all invoices within 30 days of an approved submittal. TETRA TECH 98 Mr. Eric Charest November 1, 2021 Page 3 of 4 PERIOD OF PERFORMANCE Tetra Tech anticipates commencing project activities upon receipt of a task order authorization from IRC. This project is anticipated to be completed by July 31, 2022. Tetra Tech looks forward to working with you on this project. We are available to discuss our approach with you in detail at your convenience. Should you have any questions regarding this proposal, please contact me at (321) 636-6470. Sincerely, Matthew D. Shelton Project Manager Cc: Marcy Frick, Tetra Tech Erin Lincoln, Tetra Tech TETRA TECH 99 0 0 °O o °o °o 0 °o c 0 0 00 co z oo O �0 ce) "D N M N N cv O t!i �r E" O O O 0 C\j N 0 0 0 0 C O O O O 00 M � 11C � oo O �O t asM \D N M N N O M i O M LM 4s 4s EA {f} ER fR fA VD- 30 0 0 0 0cz p a• o 0 0 c a N D O O O 00 M O O O O co t- N Ln d N O O �, � •� cd ff3 w �g 6s V Z V' W F- W AF a o M ov M +J d U m cz wwv�rn cl ;* � �I H FE-'F•^ c. b a ° CZ 5� 0 o ce �a) � 0 0 Exhibit 8 Tetra Tech, Inc. Indian River County Professional Services Hourly Rate Fee Schedule Effective October 1, 2017, through September 30, 2020(1) Raw labor Rates Direct labor Raw labor sates x Multiplier Rate POSltlonjililes Minimum Maximum Muillpfler 3.0 Minimum 66.OD Maximum Project Management Construction Manager II 5 50.00 5 70.00 3.0 $ 150.00 S 210.00 Sr Project Manager $ 52M S 60.00 3.0 $ 156.00 S 240.00 Project Manager $ 4L00 $ 5300 3.0 $ 123.00 $ 204.00 Englneers SrAnafyst S 30.00 S Prindpal Engineer S 7000 $ 9900 31) $ 210.00 S 297.00 Sr. Engineer $ SO.00 $ 79.00 3.0 $ 150.00 S 237.00 EngineerV S 39.OD $ 61.00 3.0 $ 117.00 $ 28100 Engineer IV $ 3240 $ 49.00 3.0 S 9640 $ 147.00 Englneartil $ 26.00 S 40.00 3.0 5 78.00 $ 120.011 Engineer 11 $ 24.00 $ 3440 3.0 $ 72,00 $ 102.00 Engineerl $ 22.00 $ 29.00 3.0 $ 66.00 $ 37.00 Engineering Technician 5 12.00 $ 2200 3A S 36.00 S 66.00 Scientists Engineer's Reimbursable Travei/MOeage At Cost SdendstVl S 45.00 $ 71.00 3.0 $ 135.00 S 21340 Scicnt1stV $ 3100 $ S7AD 3.0 S 93.00 S 171.00 Scientist IV $ 17.00 $ 38.00 3.0 $ 81.00 $ 114.00 ScicndstIII $ 24.00 $ 3040 3.0 $ 72.00 S 90.00 Sclenest it $ 20.00 $ 24.00 3.0 $ 60.00 $ 78.00 Scientist 1 $ 19.00 S 23.70 3.0 S 57.00 S 69.00 Design Professionals Sr CAD/Eng Designer 11 $ 39.00 $ 52.00 3.0 S 117.00 S iS&OD Sr CAD/Eng Designer 1 S 26.00 $ 40.00 3.0 S 78.00 5 120.00 CAD/Engineering Designer III S 24.00 $ 33.00 3.0 $ 72.00 $ 99.00 CAD/Engineering Designer 11 $ 18.00 $ 24.00 3.0 $ S4.00 S 72.00 CAO/Engineering Declgner l $ 16.00 $ 2140 34 $ 48.00 $ 63.00 Surveyors Sr Land Surveyor $ 41.00 $ 50.00 3.0 $ 123.00 $ 150.00 Land Surveyor $ 23.0D S 40.00 3A $ 84.00 $ 120.00 Survey Crow Chief $ 24.00 S 38.00 3.0 S 7200 S 114.00 Survey Tech $ 17.00 S 30.00 3.0 5 S1.00 S 90.00 AnoNtects Arehitecturil Program Mer 5 65.00 $ $5.00 3.0 S 195.06 S 255.00 Sr Architect $ 55.00 $ 75.00 3.0 $ 16S.01) $ 225.00 Architect $ 35.00 5 55.01) 3.0 S 105.00 $ 165.00 Architectural Designer S 17.00 $ 35.00 310 S 51.00 $ 105.00 Construction Professionals Construction Project Rep S 22.00 $ 42.00 3.0 $ 66.OD $ 126.00 Construction Manager II 5 50.00 5 70.00 3.0 $ 150.00 S 210.00 Construction Manager l S 38.00 S 54.00 3.0 $ 114.0D $ 162.00 Construction Administrator S 23.00 S 39.00 3.0 5 69.00 S 117.00 GISAnalysts SrAnafyst S 30.00 S 65.00 3.0 $ 90.00 $ 195.00 Project Analyst 11 S 24.00 $ 40.00 3.0 $ 72.00 $ 12000 Project Analyst t S 16.00 $ 28.00 3.0 $ 54.00 S 84.00 ProfectAdministratfon Sr Project Administrator $ 27.00 $ 35.00 3.0 $ 81-00 5 105.00 Project Administrator S 15.00 $ 3200 3.0 $ 45.00 $ 96.00 Project Assistant 5 12.00 $ 22.00 3.0 $ 36.00 $ 66.00 Contract Administrator 5 25.00 $ 36.00 3.0 $ 75.00 S 108.00 Subconsultont Cost t lox Reimbursable Expenses Engineer's Reimbursable Travei/MOeage At Cost Other Direct Costs At Cost t'"ese hourly Wing rales trial remain effective for Ute InRial duration of this Agreement, and may be renegotiated should an additional renewal period be exercised. EXHIBIT C PROJECT SCHEDULE The approximate duration noted for each task is based on our current understanding and best estimates of time required to perform the basic services and may be subject to change upon agreement between Indian River County and Tetra Tech. Task Timeline Notice to Proceed (NTP) November 1, 2021 Draft IRL• Management Plan July 2022 102 CCNA2018 WORK ORDER 10 Lagoon Plan This Work Order Number 10 is entered into as of this _ day of 2021, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Tetra Tech, Inc. ("Consultant'). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: 1�k of - By: Matthew Sheltori Print Name: Title: Project Manager BCC Approved Date: , Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 103 � Ir CONSENT: 12/14/2021 OV - Office of x INDIAN RIVER COUNTY ATTORNEY LORI A Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: December 7, 2021 RE: Resolutions Delegating the Authority to the County Administrator or his Designee to Call Letters of Credit and to Act on Behalf of Indian River County during the Time Frame of December 15, 2021, through and including January 10, 2022 The Indian River County Board of County Commissioners has no regularly scheduled meetings during the time frame of December 15, 2021, through and including January 10, 2022. During this interval, it is necessary and desirable that the Board delegate to the County Administrator, or his designee, the authority to call Letters of Credit that may expire during this time interval. Further, it is necessary and desirable that the Board delegate to the County Administrator, or his designee the authority to execute all other documents necessary for the proper functioning of the County Funding: There is no expense associated with this item. Requested Action: Authorize the Chairman to sign the Resolution as presented, delegating the authority to call Letters of Credit and delegating full signing authority during the period commencing December 15, 2021, through and including January 10, 2022. Attachment Proposed Resolution C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@940F5603\@BCL@940F5603.doc 104 RESOLUTION NO. 2021- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY DURING THE PERIOD COMMENCING DECEMBER 15, 2021, THROUGH AND INCLUDING JANUARY 10, 2022, AND FURTHER DELEGATING TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, THE AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY TO THE PROPER FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING DECEMBER 15, 2021, THROUGH AND INCLUDING JANUARY 10, 2022. WHEREAS, there are no regularly scheduled Board meetings during the period commencing December 15, 2021, through and including January 10, 2022; WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board of County Commissioners declaring default or failure to post alternate security; WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit; WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to each of the County Administrator or his designee; and WHEREAS, pursuant to Resolution No. 2021-79 and section 101.10(1) of The Code of Indian River County, the Board of County Commissioners delegated to the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5)(2021); and (ii) pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes section 252.34 (2) and (4) respectively] exists in Indian River County, to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during the period of the declared emergency, and such delegation in Resolution No. 2021-79 remains in full force and effect; and WHEREAS, pursuant to Resolution No. 2021-80, the Board of County Commissioners delegated to the Indian River County Administrator or his designee, the authority to execute resolutions on behalf of the Board to call letters of credit which might expire or otherwise require action to be taken during the period of a declared state of local emergency or declared State of Florida C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6COFB6B1\@BCL@6COFB6B1.doc 105 RESOLUTION NO. 2021 - emergency affecting Indian River County, and such delegation in Resolution No. 2021-_ remains in full force and effect. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period commencing December 15, 2021, through and including January 10, 2022. Any resolutions executed by the County Administrator or his designee, to call letters of credit during the period commencing December 15, 2021, through and including January 10, 2022, are to be accompanied by a copy of this Resolution. 2. The County Administrator, or his designee, is hereby authorized to execute all documents necessary to the proper functioning of the Comity, which may arise during the period commencing December 15, 2021, through and including January 10, 2022, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification. 3. The Effective Date of this Resolution is December 14, 2021, and this Resolution shall expire without further action of this Board at the close of business on January 10, 2022. This Resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this 140' day of December, 2021. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency By Dylan Reingold, County Attorney Peter D. O'Bryan, Chairman 106 FraLeslie R. Swan ,,,,eindi nitker.,go% Indian River Cowity Siipervlso!" of Elections 4375 43rd Avenue Vero Beach, FL 32967 772-226-4700 December 2, 2021 The Honorable Peter O'Bryan Chairman, Board of County Commissioners Indian River County 1801 27'h Street, Building A Vero Beach, FL 32960 Dear Chairman O'Bryan: The Supervisor of Elections office has been contracted to conduct municipal elections for our local municipalities. On November 2, 2021, elections were held for the following municipalities: City of Fellsmere City of Sebastian City of Vero Beach I am requesting to have the revenue received from conducting the November 2, 2021 municipal elections be rolled into the Supervisor of Elections 2021/2022 budget. The cost for conducting these elections was $94,914.00. These election costs were not accounted for in our initial 2021/2022 budget. Should you have any questions regarding the appropriation of these funds please do not hesitate to contact me. Most sincerely, Leslie R. Swan Supervisor of Elections Enclosures 107 IRC Supervisor of Elections 4375 43rd Ave Bill To CITY OF FELLSMERE Maria Suarez -Sanchez, CITY CLERK 22 S. Orange Street Fellsmere, FL 32948 Invoice Date Invoice # 11/4/2021 5142081 Item Description # of Voters Rate Amount ELECTIONS CITY ELECTION: November 2, 2021 Municipal 1,286 3.00 3,858.00 Election It's been a pleasure working with you! Total $3,858.00 Phone # Fax # E -Mail Web Site 772-226-3443 772-770-5367 tboyle@voteindianriver.com www.voteindianriver.com 10: IRC Supervisor of Elections 4375 43rd Ave Bill To CITY OF SEBASTIAN Jeanette Williams, CITY CLERK 1225 MAIN STREET SEBASTIAN, FL 32958 Invoice Date Invoice # 11/4/2021 5142082 Item Description # of Voters Rate Amount ELECTIONS CITY ELECTION: November 2, 2021 Municipal 19,049 3.00 57,147.00 Election It's been a pleasure working with you! Total $57,147.00 Phone # Fax # E -Mail Web Site 772-226-3443 772-770-5367 tboyle@voteindianriver.com www.voteindianriver.com 104 IRC Supervisor of Elections 4375 43rd Ave Bill To CITY OF VERO BEACH TAMMY BURSICK, CITY CLERK P.O. BOX 1389 VERO BEACH, FL 32961-1389 Invoice Date Invoice # 11/4/2021 5142083 Item Description # of Voters Rate Amount ELECTIONS CITY ELECTION: November 2, 2021 Municipal 11,303 3.00 33,909.00 Election It's been a pleasure working with you! Total $33,909.00 Phone # Fax # E-Ma'I Web Site 772-226-3443 772-770-5367 tboyle@voteindianriver.com www.voteindianriver.com 11 N ' Sheriff Eric Flowers Indian River County Sheriff's Office December 7, 2021 The Honorable Peter D. O'Bryan, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Dear Chairman O'Bryan: In the Agency's ever -evolving strategies to improve the safety of the community and saving tax dollars through agency partnership, I am asking for time on your agenda to discuss access to the County's traffic cameras for our newly established Real Time Crime Center (RTCC). By having this access, RTCC will be able to view live camera feeds during events in order to provide the best up-to-date information to our law enforcement deputies. These cameras will not be recorded and will be used in conjunction with our burgeoning License Plate Reader systems. I look forward to discussing this topic with you, to show how this will make our entire community a safer place to live, work, and play. Please place this item under Constitutional Officers for the December 14, 2021 board agenda for discussion. Sincerely, Eric Flowers Sheriff EF/nmj cc: Jason Brown, County Administrator Deputy Chief Lonnie Rich 4055 41st Avenue • Vero Beach, FL 32960 • (772) 569-6700 • www.iresheriff.org 299 III LA z rzz �elfsmefe s�: 5t2 t :, Vera lake Wad ss Estates ' F � 4. Winter Beach ' ,`Indian Rives Shores 6S 4 if rd e North Hutchins Island f avec Vena Corridor sopa, sr O Vero Beach Citrus Ridge iS6 F $ �t Vera Beach Soutfl ,1 K ", 1010 Florida Ridge l_D € LA IN / TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 23, 2021 SUBJECT: Biosolids Moratorium Extension Ordinance - LEGISLATIVE BACKGROUND. Class B biosolids are solid, semi-solid, or liquid materials resulting from the treatment of domestic sewage sludge from sewage treatment facilities. Class B biosolids contain phosphorus and nitrogen, which promote algae blooms in surrounding estuaries and watersheds. Class B biosolids were recently being land applied in Indian River County, on properties near waterbodies such as Blue Cypress Lake. Blue Cypress Lake is the first lake along the St. Johns River and is classified by the Florida Department of Environmental Protection as a Class I surface water with a designated use for potable water supplies. There is evidence of significant increases in phosphorus and nitrogen and incidences of harmful and potentially toxic algae blooms in Blue Cypress Lake. There appears to be a correlation between the increases of nutrients in Blue Cypress Lake and the land application of biosolids. It is important to note that per Florida Statute, the land application of Class B biosolids has been restricted in neighboring counties and ecosystems to the south, such as the St. Lucie River watershed and the Lake Okeechobee watershed, leaving Blue Cypress Lake and the St. Johns River watershed as a cheap alternative for the disposal and land application of Class B biosolids generated in South Florida. On July 17, 2018, the Indian River County Board of County Commissioners (the "Board") approved an ordinance establishing a 180 -day temporary moratorium on all properties within the unincorporated areas of Indian River County involved in land application of Class B biosolids, except where determined to be inconsistent with or preempted by state law or regulation. Additionally, the moratorium is imposed upon the transportation of Class B biosolids for land application within Indian River County, except where determined to be inconsistent with or preempted by state law or regulation. The moratorium on transportation does not apply to currently approved septage/grease haulers as well as Indian River County contracted haulers of domestic wastewater sludge for treatment at the Indian River County Residual Dewatering Facility and disposal at the Indian River County landfill. Finally, under the ordinance, the County Administrator is directed to coordinate with the Florida Department of Environmental Protection and study in depth and report his findings of and any recommendations concerning Class B biosolids land application activities and its potential adverse effect. 112 Board of County Commissioners November 23, 2021 Page 2 On January 8, 2019, the Board approved an ordinance establishing another 180 -day temporary moratorium on the land application of Class B biosolids in the unincorporated areas of Indian River County. The moratorium was again renewed by the Board on June 18, 2019, December 10, 2019, and again on June 16, 2020, November 10, 2020, and will expire on January 1, 2022. During the 2019 legislative session, the Florida Legislature passed HB 829, which contained language that protected the ability of a county to continue to enforce or extend an ordinance, regulation, resolution, rule, moratorium, or policy adopted before February 1, 2019, relating to the land application of Class B biosolids until the ordinance, regulation, resolution, rule, moratorium, or policy is repealed or until the effective date of the rules adopted by FDEP, whichever occurs first. In the 2020 legislative session, the Florida Legislature passed SB 712, which states that "[a] municipality or county may enforce or extend a local ordinance, regulation, resolution, rule, moratorium, or policy, any of which was adopted before November 1, 2019, relating to the land application of Class A or Class B biosolids until the ordinance, regulation, resolution, rule, moratorium, or policy is repealed by the municipality or county." Thus, the County Attorney's Office is presenting to the Board another moratorium ordinance consistent with SB 712, which will extend the moratorium to January 1, 2023. FUNDING. The cost of publication of the required public notice for the public hearing was $143.64. The cost was funded from the County Attorney's Office budget within the General Fund (account number 00110214- 034910). RECOMMENDATION. The County Attorney's Office recommends that after the public hearing the Board vote to approve the draft ordinance. ATTACHMENT(S). Draft Biosolids Moratorium Ordinance 113 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING AN EXTENSION OF THE TEMPORARY MORATORIUM FOR AN ADDITIONAL 1 YEAR, OR UNTIL A COMPREHENSIVE REVIEW OF THE IMPACT ON THE COUNTY'S ECOSYSTEM IS COMPLETED, WITHIN THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY PROHIBITING LAND APPLICATION ACTIVITIES OF CLASS B BIOSOLIDS; PROVIDING FOR ADDITIONAL STUDY AND POSSIBLE REGULATION OF CLASS B BIOSOLIDS APPLICATION ACTIVITIES; PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; AND PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII, Section 1 of the Florida Constitution and chapter 125, Florida Statutes, counties have broad home rule powers to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county; and WHEREAS, the Indian River County Board of County Commissioners ("Board") specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County; and WHEREAS, Class B biosolids are solid, semi-solid, or liquid materials resulting from the treatment of domestic wastewater sludge from wastewater treatment facilities that contain algae supporting nutrients such as phosphorus and nitrogen; and WHEREAS, phosphorus and nitrogen pollution have been a long term problem for surrounding estuaries and watersheds, as phosphorus and nitrogen promote algal blooms, fuel growth of noxious vegetation, and replace the unique natural ecosystem with one which is undesirable to humans and native wildlife; and WHEREAS, the Board finds that the proper regulation of the land application of Class B biosolids is necessary and appropriate to guide the future use, development, and protection of the land and natural resources in the unincorporated areas of Indian River County and within drainage areas potentially affecting conservation lands and the Indian River Lagoon; and WHEREAS, the land application activities of Class B biosolids were being conducted on property in Indian River County, in areas near waterbodies such as Blue Cypress Lake; and WHEREAS, Blue Cypress Lake, the first lake along the St. Johns River, is classified by the Florida Department of Environmental Protection as a Class I surface water with a designated use for potable water supplies; and 114 WHEREAS, in 2018 there were Mycrosystis blooms at Blue Cypress Lake; and WHEREAS, Jones Edmunds Associates, after analyzing historic St. Johns River Water Management District data, identified a relationship between the increase in land applied biosolids in the Blue Cypress Lake watershed and an increase in phosphorus levels in Blue Cypress Lake; and WHEREAS, on November 29, 2018 at the Florida Department of Environmental Protection Biosolids Technical Advisory Committee, the St. Johns River Water Management District staff presented information that showed a clear correlation of increased phosphorus levels where land applied biosolids were spread at FDEP permitted sites within the Upper St. Johns River basin; and WHEREAS, the land application of biosolids has been restricted in neighboring counties and ecosystems to the south, such as the St. Lucie River watershed and the Lake Okeechobee watershed, leaving Blue Cypress Lake and the St. Johns River watershed as the cheapest alternative for the disposal and land application of Class B biosolids generated in South Florida; and WHEREAS, in 2017, 73% of all the land applied Class B biosolids were spread in Indian River, Osceola and Brevard Counties; and WHEREAS, adding to the present nutrient loading in the St. Johns River Basin may further inflict damage to the health, safety, and welfare of humans and wildlife in Indian River County and the State of Florida; and WHEREAS, Indian River County has existing zoning regulations pertaining to the practice of "sludge spreading" as provided in Chapter 971.08(10) of the Indian River County Code with codified criteria for sludge spreading such as designated setbacks, reporting requirements, and the need for obtaining approvals; and WHEREAS, however, the existing Indian River County requirements do not provide for regulatory setbacks or for mandatory distances of Class B biosolids from waterbodies; and WHEREAS, on July 17, 2018, the Board determined that a temporary moratorium of 180 days was needed to study the effects that the disposal and land application of Class B biosolids has on the water resources of Indian River County and to protect water quality in the St. Johns River watershed, Blue Cypress Lake, and surrounding water bodies, from adverse impacts potentially caused by the land application of Class B biosolids; and WHEREAS, County staff had met with owners of properties currently permitted through the Florida Department of Environmental Protection to land apply Class B biosolids and such owners indicated a good faith willingness to voluntarily cease Class B biosolids land application activities for the duration of the 180 day moratorium; and 115 WHEREAS, the Board has approved ordinances extending the temporary moratorium on land application of Class B biosolids activities, which moratorium will expire on January 1, 2022; and WHEREAS, per section 403.0855, Florida Statutes, Indian River County is authorized to enforce and extend such moratorium; and WHEREAS, the purpose of this ordinance is to extend the temporary moratorium on land application of Class B biosolids activities, as defined herein, for an additional 1 year, beginning January 1, 2022, except where such regulation of such activities is determined to be preempted to the state, for a period of time reasonably necessary for Indian River County to coordinate with the Florida Department of Environmental Protection and investigate the impacts of land application activities upon the public health, safety, and welfare, to promulgate reasonable regulations relating to such activities if deemed advisable by the Board, and to assess their impact to Indian River County; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Recitals Adopted Each of the recitals set forth above is hereby adopted, re-adopted and incorporated herein. Section 2. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 3. Temporary Moratorium. Beginning on the effective date of this ordinance and continuing for a period of 1 year, or less if provided by an ordinance by the Indian River County Board of County Commissioners, a moratorium is hereby imposed and extended upon all properties within the unincorporated areas of Indian River County involved in land application of Class B biosolids, beginning January 1, 2022, except where determined to be inconsistent with or preempted by state law or regulation or for testing per section 5 below as approved by the Florida Department of Environmental Protection. In addition, the moratorium is hereby imposed and extended upon all transportation activities by any person or entity that is engaged in the transportation of Class B biosolids for land application within Indian River County, except where determined to be inconsistent with or preempted by state law or regulation. All currently approved septage/grease haulers as well as Indian River County contracted haulers of domestic wastewater sludge for treatment at the Indian River County Residual Dewatering Facility and disposal at the Indian River County landfill are not transporting Class B biosolids for land application purposes and thus are not affected by this ordinance or moratorium. 116 Section 4. Expiration of Temaorary Moratorium. The temporary moratorium imposed by Section 3 of this ordinance expires 1 year from the moratorium effective date set forth in this ordinance, January 1, 2023. The moratorium may be extended or terminated early by adoption of an ordinance or resolution of the Indian River County Board of County Commissioners. Section 5. Study of Class B Biosolids. The Indian River County Board of County Commissioners directs the County Administrator to continue to coordinate with the Florida Department of Environmental Protection and the St. Johns River Water Management District and to continue to study in depth and report findings of and any recommendations concerning Class B biosolids land application activities and its potential adverse effect within 1 year after the effective date as set forth in this ordinance. Section 6. Exhaustion of Administrative Remedies. A property owner claiming that this ordinance, as applied, constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights shall not pursue such claim in court unless he or she has first exhausted administrative remedies. Section 7. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 8. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 3rd day of December, 2021, for a public hearing to be held on the 14th day of December, 2021, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted. The vote on this ordinance was as follows: Chairman Peter D. O'Bryan Vice Chairman Joseph H. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss 117 The Chairman thereupon declared the ordinance duly passed and adopted this 14th day of December, 2021. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffrey R. Smith, Clerk and Comptroller Bv: Peter D. O'Bryan, Chairman Deputy Clerk EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of December, 2021. 118 164; 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: Andrew Sobczak Assistant Community Development Director DATE: December 3, 2021 RE: County Initiated Request to Amend the 5 Year Capital Improvements Program and the Capital Improvements Element of the Comprehensive Plan for the Period FY 2021/22 —2025/26. It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of December 14, 2021. BACKGROUND On February 13, 1990, Indian River County adopted its comprehensive plan. As required by state law, all development activities must be consistent with the comprehensive plan, and all county activities must conform to plan policies. While state law allows local governments to amend their comprehensive plans periodically, there is no requirement that local governments annually update their comprehensive plan, except for the Capital Improvements Element (CIE). Unlike the other elements, the CIE must be amended every year in accordance with state regulations. According to state law, amendments to the Capital Improvements Program (CIP) schedule and its supporting data and analysis may be accomplished by following local government ordinance adoption/amendment procedures. These procedures require only one hearing, while other types of comprehensive plan amendments involve multiple public hearings and several months of review. Consistent with state requirements, County staff has prepared the annual update of the County's existing Capital Improvements Element. 119 ANALYSIS In revising the 5 Year Capital Improvements Program and supporting data and analysis, staff used much the same methodology as it employed in preparing the original version. That involved coordinating with the budget and finance departments to obtain data on past revenues and expenditures as well as forecasted future revenue and expenditure amounts. Also, each county department was contacted to determine the status of its capital improvements program. For each department, information on completed projects, proposed projects, costs, revenues, prioritization, and other factors was collected. Projects were then reviewed by the budget department and revised as necessary to ensure financial feasibility. Based upon those data, planning staffrevised the various tables and the text of the 5 Year Capital Improvements Program and supporting data and analysis. Proposed Changes to the Capital Improvements Element • Capital Improvements Program The Capital Improvements Program lists all programmed capital improvements for fiscal years 2021/22 through 2025/26. Within the CII', each project was selected based upon the need for the project and the County's financial ability to fund it. As shown within the CIP, the total cost for all of the projects for the next five fiscal years is $456,310,360. As structured, the CII' consists of the following ten categories: Coastal Management, Conservation and Aquifer Recharge, Emergency Services, Facilities Management, Law Enforcement and Corrections, Parks and Recreation, Sanitary Sewer and Potable Water, Solid Waste, Stormwater Management, and Transportation. Coastal Mana eg ment Coastal management capital projects occurring within the next five years include beach nourishment projects in sectors 3 and 7, and mitigation planting in sector 5. These projects will be funded by the Federal Emergency Management Agency, Florida Department of Environmental Protection, the Interfund Loan, and the County's Beach Restoration Fund. The total expenditure for the projects within this category for fiscal years 2021/22 through 2025/26 is $30,457,842, representing approximately 6.7% of the overall CII'. Conservation and Aquifer Recharge For conservation and aquifer recharge capital projects, the focus is on improvements to conservation lands. Those improvements include construction of passive recreational access facilities such as boardwalks, kayak launches, associated improvements such as parking and restroom facilities, and projects to stabilize/improve/preserve historic structures. These projects will be funded from numerous sources including: environmental land bonds, grants, optional sales tax, boating 2 120 improvement funds, upland mitigation funds, and park impact fees. The total expenditure for the projects within this category for fiscal years 2021/22 through 2025/26 is $13,804,906, representing approximately 3.0% of the overall CIP. Emergency Services Emergency services capital projects include the acquisition of multiple ambulances (med units), fire trucks, construction on Emergency Services Stations 7, 15, and various equipment and facility upgrades. Funding for these improvements comes from impact fees, one -cent local optional sales tax, and emergency services district millage. The total expenditure for projects within this category for fiscal years 2021/22 through 2025/26 is $29,423,635, representing approximately 6.4% of the overall CIP. Facilities Management For the next five fiscal years, facilities management capital improvements projects represent approximately 6.5% of the overall CIP with a total of $29,858,744. These projects include improvements such as the expansion of County Administration Building B, LED lighting upgrades, fiber optic cable connectivity, renovations to several county buildings, and costs for replacement of various county building roofs. These projects will be funded through various sources, including the one cent local option sales tax and impact fees. Law Enforcement and Corrections Law enforcement and corrections capital improvement projects over the next five years include Sheriff Facility expansions/renovations and corrections improvements. These projects will be funded by Law Enforcement impact fees and the one cent local option sales tax. The total expenditure for projects within this category for fiscal years 2021/22 through 2025/26 is $8,765,894, representing approximately 1.9% of the overall CIP. Parks and Recreation Parks and recreation projects include improvements to facilities such as the Victor Hart Sr. Complex (fka Gifford Park), Sandridge Clubhouse, Hobart Park, 58th Avenue ballfields, County Fairgrounds, Hosie -Schumann Park, and the Jackie Robinson Training Complex Walking Trail. These projects will be paid for with the one -cent local option sales tax, golf club user fees, Windsor fund, Fairgrounds improvement fund, and impact fees. The expenditures within this category for fiscal years 2021/22 through 2025/26 total $18,169,853, representing approximately 4.0% of the overall CIP. 3 121 Sanitary Sewer and Potable Water Potable water and sanitary sewer capital improvement projects planned for fiscal years 2021/22 through 2025/26 include construction of several water mains (new and replacement), North County (Sebastian) septic to centralized sewer conversions, meter conversions to an Advanced Metering Infrastructure (AMI) system, and south waste water treatment facility improvements. The potable water and wastewater projects will be funded through one cent local option sales tax, user fees, grants, assessments, and capacity charges. The sanitary sewer and potable water category accounts for approximately 21.6% of the overall CIP, with $98,371,499 in expenditures during the five year CIP period. Solid Waste Over the next five fiscal years, solid waste capital improvement projects include expansion of Cell III of Segment 3 of the landfill, a new single stream recycling building, new automated scale system, and various improvements at the landfill. Funded by assessments, user fees and the escrow account, these improvements total $17,950,000 and account for approximately 3.9% of the overall CIP. Stormwater Management Stormwater management capital improvement projects include construction of a canal treatment system in the North Relief Canal, Egret Marsh improvements, and a TMDL/Lagoon Treatment System. The stormwater management projects will be funded by the one -cent local option sales tax, grant funds, stormwater MSBU funds, and Vero Lake Estates assessments. The expenditures within this category for fiscal years 2021/22 through 2025/26 total $24,538,000, representing approximately 5.4% of the overall CIP. Transportation Accounting for the single largest share of CIP expenditures, transportation projects include intersection improvements, road widenings, sidewalk installations, turn lanes, paving, and related projects throughout the county. Generally, capital improvements to county maintained roads are funded by traffic impact fees, the County's one cent local option sales tax, and gas tax revenue. Some expenditures for roads are also funded by the State of Florida, developers, and grants. Transportation project expenditures total $184,969,987, representing approximately 40.5% of the overall CII'. The following comparison table shows the changes in funding from last year's CIP to the current CIP: 4 122 Comparison of Existing (Last) 5 Year CIP Expenses by Category to Proposed 5 Year CIP Expenses by Cateaory Category FY 2020/21-2024/25 FY 2021/22-2025/26 Difference $ Difference % Coastal Management $36,500,000 $30,457,842 ($6,042,158) (17% Conservation & Aquifer Recharge $12,466,396 $13,804,906 $1,338,510 10% Emergency Services $21,740,316 $29,423,635 $7,683,319 27% General Services/Facilities Management $19,274,470 $29,858,744 $10,584,274 54% Law Enforcement & Corrections $9,555,000 $8,765,894 $789,106) 8% Recreation & Open Space $13,956,295 $18,169,853 $4,213,558 24% Sanitary Sewer & Potable Water $95,403,929 $98,371,499 $2,967,570 3% Solid Waste $15,800,000 $17,950,000 $2,150,000 12% Stormwater Management $16,450,000 $24,538,000 $8,088,000 49% Transportation $166,004,980 $184,969,987 $18,965,007 11% Total $407,151,386 $456 3101360 $49,1589974 12% Indian River Lagoon Projects In 2016, the Board of County Commissioners directed staff to commit to spending 20% of the proceeds of the first five years of the extended one -cent local option sales tax on lagoon -related projects. Upon renewal of the one -cent local option sales tax in November 2016, the County has a goal of spending 20% of the one cent optional sales tax proceeds on lagoon -related projects for the first five years of the extension, starting on January 1, 2020, and ending on December 31, 2024 (FY 2019/20 — 2024/25). The proposed 5 year Capital Improvements Program schedule allocates more that 20% of projected one -cent local option sales tax revenue to lagoon related projects during the FY 2021/22 —2025/26 period. The allocation is within the Stormwater Management, Conservation, Parks and Recreation, and Sanitary Sewer and Potable Water sections of the CIP. Examples of the lagoon benefiting projects listed in those sections of the proposed Capital Improvements Element include the following: • North Sebastian / Highlands/ West Wabasso Sewer $1,832,943.00 • Floravon Shores Septic to Sewer $75,000.00 • Lost Tree Islands restoration, replanting $2,400,000.00 • Indian River Lagoon Greenway wetland restoration $300,000.00 • Jones Pier wetland creation, shoreline enhancement $600,000.00 • North Relief Canal Treatment System, Stormwater Marsh Projects, TMDL Lagoon Treatment System $22,388,000.00 • Hallstrom Farmstead water, sewer, restrooms $600,000.00 5 123 In addition to the above listed lagoon benefiting projects, there are numerous projects with secondary benefits to the lagoon listed in the Transportation section of the CIP such as road projects that treat run-off from older improvements that currently provide no treatment. The projects listed in the Transportation section are proposed to be funded in part through the one -cent local option sales tax. Consistency with the Comprehensive Plan Comprehensive plan amendment requests are reviewed for consistency with all applicable policies of the comprehensive plan. As per section 800.07(1) of the county code, the comprehensive plan may be amended only in such a way as to preserve the internal consistency of the plan. The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify the actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing plan amendment requests. Of particular applicability for this amendment request is the following policy: • Future Land Use Element Policy 14.3 The most important policy to consider in evaluating a plan amendment request for consistency with the county's comprehensive plan is future land use element policy 14.3. This policy requires that at least one of four criteria be met in order to approve a comprehensive plan amendment request. Those criteria are: ■ a mistake in the approved plan; ■ an oversight in the approved plan; ■ a substantial change in circumstances affecting the subject property; or ■ a swap or a reconfiguration of land uses at separate sites. In this case, the proposed amendment to the CIE meets the third criterion of policy 14.3 of the future land use element. Since the CIE was last revised, some capital improvements have been completed, others have been added, revenue projections have changed, and priorities have been modified. Those circumstances warrant the amendment. • Capital Improvements Element Policies 1.1, 1.2, 1.3, 1.5, 1.10, and 1.11 Capital improvements element policies 1. 1, 1.2, 1.3, 1.5, 1.10 and 1.11 require the County to maintain and implement a capital improvements program which is evaluated and updated periodically. Those policies also describe how the county will evaluate and prioritize capital improvements. By updating the capital improvements program in accordance with those requirements, the proposed amendment is consistent with those policies. R 124 • Capital Improvements Element Policy 1.9 Capital improvements element policy 1.9 states that the county shall include all capital expenditures in excess of $100,000 in its schedule of improvements. Since the proposed CIE update amendment identifies all capital expenditures in excess of $100,000, the proposed amendment is consistent with capital improvements element policy 1.9. While the referenced policies are particularly applicable to this request, other comprehensive plan policies and objectives also have relevance. For that reason, staff evaluated the proposed amendment for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the proposed amendment is consistent with the comprehensive plan. RECONIIVIENDATION Based on the analysis conducted, staff recommends that the Board of County Commissioners approve the update to the 5 Year Capital Improvements Program for the period FY 2021/22-2025/26 and supporting data and analysis of the Capital Improvements Element (CIE) of the Comprehensive Plan by adopting the attached ordinance. ATTACHMENTS 1.) Comprehensive Plan Text Amendment Adoption Ordinance 2.) Strikethrough and underline version of the CIE 3.) 2021 Capital Improvements Element 4.) 5 Year Schedule of Capital Improvements (Appendix A) 5.) Appendix B -D 6.) Affadavit of Publication F:\Co=unityDevelopment\Comprehensive Plan Text Amendments\CIE\2021\BCC\BCC_STAFF_REPORT_CIE2021.doc 7 125 ORDINANCE NO. 2021 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF THE COMPREHENSIVE PLAN'S CAPITAL IMPROVEMENTS ELEMENT BY UPDATING THE COUNTY'S 5 YEAR CAPITAL IMPROVEMENTS PROGRAM (CIP) SCHEDULE AND RELATED DATA AND ANALYSIS SECTIONS; AND PROVIDING SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, F.S. 163.3177(3)(b) requires an annual review and update of the County's Capital Improvements Program; and WHEREAS, F.S. 163.3177(3)(b) exempts amendments to the County's 5 year CIP from the standard comprehensive plan amendment process and instead allows the County to amend the County's 5 year CIP schedule and related data and analysis sections by ordinance through the County's standard ordinance adoption procedures, which involve holding only one public hearing; and WHEREAS, the Board of County Commissioners of Indian River County, pursuant to F. S. 125.66(2), advertised for a Public Hearing to Consider Adopting an Ordinance Amending the County's 5 year CIP schedule and related data and analysis sections of the Capital Improvements Element of the Comprehensive Plan; and WHEREAS, the Board of County Commissioners of Indian River County held an Adoption Public Hearing on December 14th, 2021, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1. Amendment to the Schedule of Capital Improvements Program Indian River County hereby adopts the 5 -year CIP schedule and related data and analysis section of the Capital Improvements Element; (Exhibit A). SECTION 2. Financial Feasibility The Board of County Commissioners finds that the proposed amendment of the 5 year CIP schedule and related data and analysis section of the Capital Improvements Element is financially feasible. 126 ORDINANCE NO. 2021 - SECTION 3. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 5. Severability It is declared to be the intent of the Board of County Commissioners that, if any provision of this ordinance is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 6. Effective Date A certified copy of this ordinance shall be filed with the Department of State by the clerk of the Board of County Commissioners within 10 days of enactment by the Board of County Commissioners and shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the 28th day of November, 2021, for a public hearing held on the 14th day of December, 2021, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted by the following vote: Peter D. O'Bryan, Chairman Joseph H. Earman, Vice Chairman Susan Adams, Commissioner Joseph E. Flescher, Commissioner Laura Moss, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY IN Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller 127 ORDINANCE NO. 2021 - Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Phillip J. Matson, AICP Community Development Director 128 TABLE OF CONTENTS Listof Figures.................................................................................................................................. ii Listof Tables................................................................................................................................... iii Introduction..................................................................................................................................... 1 ExistingConditions.......................................................................................................................... 2 FinancialResources...........................................................................................................................2 Expenditures....................................................................................................................................18 ExistingOutstanding Debt............................................................................................................... 21 Local Policies and Practices............................................................................................................. 22 Analysis.......................................................................................................................................... 25 Analysis of the Timing and Location of Capital Improvements.......................................................25 NeedsAssessment............................................................................................................................31 FiscalAssessment............................................................................................................................33 Fiscal Assessment Summary............................................................................................................38 ConcurrencyManagement Plan...................................................................................................... 38 ProjectApplicability........................................................................................................................ 39 ServiceStandards.............................................................................................................................39 Demand............................................................................................................................................ 40 Availabilityof Capacity................................................................................................................... 42 Regulation........................................................................................................................................ 45 Monitoring System ................................................ Applicability..................................................................................................................................... 46 Goal, Objectives and Policies......................................................................................................... 47 Implementation, Evaluation, and Monitoring.................................................................................. 56 Implementation................................................................................................................................56 Evaluation and Monitoring Procedures............................................................................................58 APPENDIX A: Five Year Schedule of Capital Improvements............................................................ A APPENDIX B: 2040 Roadway Improvement Plan............................................................................. B APPENDIX C: School District of Indian River County Capital Improvements Schedule .................... C APPENDIX D: School District of Indian River County Summary of Estimated Revenue ................... D Community Development Department Adopted December _ 2021, Ordinance 2021-_ H Indian River County 129 List of Figures figiLe Title Page Figure 6.1 Ad Valorem Taxes (Property Taxes)............................................................................. 3 Figure6.2 Enterprise Funds........................................................................................................... 3 Figure 6.3 User Fees and Charges................................................................................................. 4 Figure 6.4 Special Assessments...................................................................................................... 4 Figure6.5 Impact Fees................................................................................................................... 5 Figure 6.6 Local Discretionary Sales Surtax................................................................................. 6 Figure 6.7 Tourist Development Tax.............................................................................................. 7 Figure 6.8 Local Option Fuel Tax.................................................................................................. 9 Figure 6.9 Franchise Fee/Tax...................................................................................................... 10 Figure 6.10 Local Government Half -Cent Sales Tax................................................................... 13 Figure 6.11 County Revenue Sharing........................................................................................... 14 Figure 6.12 Constitutional Fuel Tax............................................................................................ 14 Figure6.13 County Fuel Tax........................................................................................................ 15 Figure 6.14 Alcoholic Beverage License Tax............................................................................... 15 Figure 6.1 S Mobile Home License Tax......................................................................................... 16 Figure 6.17 General Government Expenditures by Function....................................................... 19 Figure 6.18 Future Capital Improvements Expenditure................................................................33 Community Development Department Indian River County Adopted December _ 2021, Ordinance 2021 - ii 130 List of Tables ........................................................................................................................................................... Table Title Page Table 6.2: Optional Tourist Taxes on Transient Rental Facilities ................................................. 8 Table 6.3: Local Fuel Tax Rates.................................................................................................. 10 Table 6.4: Indian River County General Revenues By Source ..................................................... 17 Table 6.5: Indian River County General Government Expenditures By Function ....................... 18 Table 6.6: Indian River County Existing Long Term Debt........................................................... 22 Table 6.7: Overall General Revenue Projection Summary.......................................................... 28 Table 6.8: Earmarked Projected Revenue by Comprehensive Plan Element ............................... 29 Table 6.10: Future Capital Improvement Expenditures for Indian River County &.................... 31 Table 6.11: Indian River County Overall General Expenditures Projection Summary ............... 34 Table 6.12: Projected Expenses for Water, Sewer, and Solid Waste ............................................ 35 Table 6.13: Indian River County Overall Operating Cost Projections ........................................ 35 Table 6.14: Indian River County Estimated Ability to Raise Bonds Without A Public Vote........ 36 Table 6.15 Indian River County Bond Schedule ....................................... Table 6.16: Service Level Measures for Concurrency Related Facilities Table 6.17: Monitoring System Design .................................................... Table 6.18: Monitoring System Tasks ....................................................... Table 6.19: Capital Improvement Element Implementation Matrix......... Table 620: Capital Im rovements Element Evaluation Matrix 36 40 45 46 ..................... 57 p.................................. Community Development Department Adopted December _ 2021, Ordinance 2021- ffl 59 Indian River County 131 Comprehensive Plan Capital Improvements Element Introduction The Capital Improvements Element (CIE) summarizes the needed capital facilities identified in the county's comprehensive plan and describes the financial means by which identified needed facilities are to be funded. The CIE also demonstrates the economic feasibility of the entire comprehensive plan and prioritizes the funding of all the public facilities identified in the county's comprehensive plan based on the level of need and the availability of funds. For purposes of this element, a capital improvement is a substantial facility (land, building, or major equipment) that costs at least $100,000 and which is required to maintain adopted level -of -service standards or to meet objectives identified in the county's comprehensive plan. Included in the CIE are an existing conditions section, an analysis section, a concurrency management section, a goals, objectives, and policies section, and an implementation section. While financial resources and existing local policies and practices are discussed in the existing conditions section, the fiscal condition of both the county and its comprehensive plan, as well as other issues concerning capital improvement projects, are assessed in the analysis section of this element. In the concurrency management section, the administrative framework for maintaining public facility service levels is addressed while the county's overall capital improvements strategy is discussed in the goals, objectives and policies section. Finally, a 5 -Year Schedule of Capital Improvements, as well as monitoring and evaluation programs, can be found in the implementation section of this element. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 1 132 Comprehensive Plan Capital Improvements Element Existing Conditions Financial Resources One of the chief functions of the Capital Improvements Element is to inventory the major sources of revenue available to the county. Those revenue sources determine the county's capability to fund needed capital improvements. Table 6.1 lists the county's local, state, and federal revenue sources and indicates the amount of revenue collected from each source during FY 2019/20. Table 6.1 also shows the percentage distribution of total revenue received by Indian River County for each of the revenue sources. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 2 133 Table 6.1: Indian River County Revenue Sources (FY 2019/20) Federal Sources State Sources Local Sources Amount % of Total Amount % of Total Amount % of Total ($1,000) Revenue ($1,000) Revenue ($1,000) Revenue Various Grants $5,929 2.08% Local Government Half -Cent Sales Tax $10,073 3.53% Ad Valorem Taxes $114,457 40.07% Total Federal $5,929 2.08% County Revenue Sharing $3,772 1.32% Enterprise Funds $57,915 20.27% Constitutional Fuel $1,701 0.60% User Fees and $17,376 6.08% Tax Charges $743 0.26% $508 0.18% County Fuel Tax Special Assessments Alcoholic Beverage License Tax $65 0.02% Impact Fees $7,501 2.63% Distribution of $447 0.16% $18,985 6.65% Sales and Use Local Discretionary Taxes to Counties Sales Surtax $105 0.04% $2,714 0.95% Mobile Home Tourist Development License Tax Tax $2,799 0.98% $3,413 1.19% Various Grants Local Option Fuel Tax Total State $19,711 6.90% Franchise Tax $9,005 3.15% $7,233 42.53% Interest Income $20,902 7.32% Other $260,009 91.02% Total Local $279,190 100.00% Total All Sources Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 2 133 Comprehensive Plan Capital Improvements Element Local Sources Local sources consist of revenues that are levied, collected and disbursed at the local level solely at the discretion of Indian River County. Those local sources are shown in table 6. 1, and are described in fiirthar rlatail hal nm • Ad Valorem Taxes (Property Taxes) Ad Valorem taxes are taxes levied on the assessed value (net of any exemptions) of real and personal property. This tax is commonly referred to as "property tax." Ad valorem taxes are generally assessed in mills; that is, thousandths of a dollar of assessed value. The state mandated millage cap is 10 mills per local government, excluding voted millages. In FY 2019/20, Indian River County imposed an aggregate millage rate of 6.1192. According to County policy, ad valorem taxes may be used for both operating and capital project expenditures. Figure 6.1: Ad Valorem Tax Revenue by FY $140,000 $120,000 s1,a,457 5,05,247 $100,000 584,7,4 $90,192 s96,s3s $80,000 $78,634 $60,000 $40,000 $20,000 $0 14/15 15/16 16/17 17/18 18/19 19/20 ■Revenue (in lhousands) Source: Indian River County Finance Department Table 6.1 shows that, in FY 2019/20, Indian River County collected approximately $114,457 in ad valorem taxes. In FY 2019/20, ad valorem taxes represented 40.07% of all revenues collected by Indian River County. Figure 6.1 displays the ad valorem tax revenue collected by Indian River County over the last six fiscal years. As shown, ad valorem tax revenue has increased each year since FY 2014/15. The increase relates to a continuall im rovin housin Y p g g and property market. • Enterprise Funds Within governmental entities, there are often various departments that provide goods and services to the public in a manner similar to the private sector. Such departments, classed under the general title "enterprise funds," must raise revenues from outside the government sector. Generally, enterprise departments assess a fee to the customer using the goods or services provided by that department. In Indian River County, Utility System, Solid Waste Disposal District, Golf Course, and Building Division are enterprise funds. Community Development Department Adopted December _ 2021, Ordinance 2021 - Figure 6.2: Enterprise Fund Reserve by FY $70,000 ------- $60,000 $56.327 556.751 557.915 551,072 $50,000 $a7.73s $52.769 $40,000 $30,000 $20,000 $10,000 $a 14/15 15/16 16/17 17/18 18/19 19/20 ■Revenue (in thousands) Source: Indian River County Finance Department Indian River County 3 134 Comprehensive Plan Capital Improvements Element Table 6.1 shows that enterprise fund revenue represented 20.27% of Indian River County's total funds for FY 2019/20. Figure 6.2 displays the enterprise fund revenue collected by Indian River County over the last six fiscal years. During that time period, enterprise fund revenue increased 21.32%. • User Fees and Charges User fees and charges represent revenue received by the county for providing various general services. Those fees and charges are necessary because taxes alone cannot totally keep up with the increasing costs of services. This category includes fees collected by the Tax Collector's Office, the Clerk of the Circuit Court, the Property Appraiser's Office, the Sheriff's Department, and the Recreation and Parks Department. This category also includes other miscellaneous user fees charged by the county for general services not financed by other fund sources. In FY 2019/20, user fees and charges represented 6.08% of all funds collected by Indian River County. Figure 6.3: User Fees and Charges by FY $19,000 $18,500 $18,000 $17,500 $17,000 $16,500 $16,000 MKIEMM $15,500 $15,000 $14,500 $14,000 14/15 15/16 16/17 17/18 18/19 19/20 -Source- I nd*an • Revenue (in thousands) Rover County Finance Dpnartmpnt Figure 6.3 displays user fees and charges collected by Indian River County over the last six fiscal years. During that time period, revenue from user fees and charges varied, but overall decreased 6.37%. • Special Assessments Special assessments are compulsory payments levied on real property for specific benefits generated by public investments or services. By law, the assessment levied must fairly reflect the actual costs of the improvements. County revenues which fall under the general category of special assessments consist of street paving assessments, street lighting district assessments, as well as assessments for water, sewer, and drainage improvements. Expenditures of special assessment revenue are restricted to ublic im rovement Figure 6.4: Special Assessments Revenue by FY $800— $700 $600 $sss $ss2 $546 ass, ssos $500 $400 $300 $200 $100 $- 14/15 15/16 16/17 17/18 18/19 19/20 N Revenue (in thousands) Source: Indian River County Finance Department p p projects that directly benefit the property owner or payee. For example, street paving assessment revenues must be spent on paving streets that directly benefit the payer of the assessment. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 4 135 Comprehensive Plan Capital Improvements Element Special Assessment revenue represented 0.18% of county funds for FY 2019/20. Figure 6.4 displays the revenue collected by Indian River County through special assessments over the last six fiscal years. During that time period, revenue from special assessments decreased by 30.22%. Impact Fees An impact fee is a one-time charge, fee, or assessment levied as a condition of subdivision or site plan approval, building permit issuance, or other development or construction approval when the revenues collected are intended to fund the costs of capital improvements for public facilities. Since 1986, Indian River County has levied traffic impact fees on new development projects. In June of 2005, Indian River County began to levy 8 new impact fees. At the same time, the County increased the existing traffic impact fee rates. The nine impact fees include: transportation, fire/emergency services, parks and recreation, educational facilities, solid waste facilities, correctional facilities, law enforcement, libraries, and public buildings. On March 3, 2009, the Board of County Commissioners considered several alternatives to reduce impact fees for the purpose of stimulating economic development in the county. After discussion, the Board decided to suspend collection of five of the county's nine impact fees for six months. The five suspended impact fees were: emergency services, correctional facilities, public buildings, law enforcement, and solid waste. On September 22, 2009 and again on March 16, 2010, the Board of County Commissioners voted to further extend the suspension of the five impact fees. At its March 16, 2010 vote, the Board of County Commissioners extended the suspension of the five impact fees to March 31, 2011. On March 15, 2011 and again on March 13, 2012, the Board of County Commissioners re-evaluated the impact fee suspension and ultimately voted to continue suspending three of the five previously suspended impact fees. Those three fees were: public buildings, correctional facilities, and solid waste facilities. The March 13, 2012 vote of the Board of County Commissioners suspended the three fees until March 31, 2014. On March 11, 2014 the Board of County Commissioners voted to suspend the same three impact fees until March 31, 2015 or until the County could complete its most recent impact fee review and adopt a new impact fee schedule. By early April 2014 the County had completed the nonresidential portion of its impact fee review and on April 22, 2014 the Board of County Commissioners adopted a revised reduced nonresidential impact fee schedule with an effective date of May 5, 2014. The residential impact fee review was completed in September of 2014 and a revised residential impact Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County :i 136 Figure 6.5: Impact Fee Revenue by FY $8,000 $7,245 $7,557 $7,501 $7,000 $6,262 $6,0005,281 $5,704 $5,704 $5,000 $4,000 $3,000 $2,000 $1,000 $- 14/15 15/16 16/17 17/18 18/19 19/20 • Revenue (in thousands) Source: Indian River County Finance Department On March 3, 2009, the Board of County Commissioners considered several alternatives to reduce impact fees for the purpose of stimulating economic development in the county. After discussion, the Board decided to suspend collection of five of the county's nine impact fees for six months. The five suspended impact fees were: emergency services, correctional facilities, public buildings, law enforcement, and solid waste. On September 22, 2009 and again on March 16, 2010, the Board of County Commissioners voted to further extend the suspension of the five impact fees. At its March 16, 2010 vote, the Board of County Commissioners extended the suspension of the five impact fees to March 31, 2011. On March 15, 2011 and again on March 13, 2012, the Board of County Commissioners re-evaluated the impact fee suspension and ultimately voted to continue suspending three of the five previously suspended impact fees. Those three fees were: public buildings, correctional facilities, and solid waste facilities. The March 13, 2012 vote of the Board of County Commissioners suspended the three fees until March 31, 2014. On March 11, 2014 the Board of County Commissioners voted to suspend the same three impact fees until March 31, 2015 or until the County could complete its most recent impact fee review and adopt a new impact fee schedule. By early April 2014 the County had completed the nonresidential portion of its impact fee review and on April 22, 2014 the Board of County Commissioners adopted a revised reduced nonresidential impact fee schedule with an effective date of May 5, 2014. The residential impact fee review was completed in September of 2014 and a revised residential impact Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County :i 136 Comprehensive Plan Capital Improvements Element fee schedule was adopted by the Board of County Commissioners on October 14, 2014 with an effective date of February 2, 2015. For both the nonresidential impact fee schedule and the residential impact fee schedule the Board of County Commissioners voted to not collect the correctional facilities, solid waste facilities, and libraries impact fees at this time. Figure 6.5 shows that more than seven million dollars of impact fee revenue was collected in FY 2018/19. This is nearly six and a half million dollars more than what was collected in FY 2010/11. Impact fee revenues decreased during the Great Recession, then gradually increased through FY 2015/16 and slightly decreased in FY 2016/17. During the past six years revenue from impact fees have increased 42.04%. • Local Discretionary Sales Surtax Pursuant to s. 212.055, F.S, local governments are authorized to levy numerous types of local discretionary sales surtaxes. Under the provisions of s. 212.054, F.S., the local discretionary sales surtaxes apply to all transactions subject to the state tax imposed on sales, use, services, rentals, admissions, and other authorized transactions. The surtax is computed by multiplying the rate imposed by the county where the sale occurs by the amount of the taxable sale. This sales tax can be levied on most transactions under $5,000. According to state law, Indian River County is eligible to impose a Local Government Figure 6.6: Local Discretionary Sales Surtax by FY $19,500 $19.26 $18,965 $19,000 $18,708 $18,500 $18,000 $17.624 $17,500 $17,000 416,659 $16,500 $16,190 $16,000 $15,500 $15,000 $14,500 14/15 15/16 16/17 17/18 18/19 19/20 ■ Revenue (in thousands) Source: Indian River County Finance Department Infrastructure Surtax of either 0.5% or 1.0%. Currently, Indian River County imposes the 1.0% Infrastructure Surtax. Procedurally, the Local Government Infrastructure Surtax must be enacted by a majority vote of the Board of County Commissioners and approved by voters in a countywide referendum. That surtax, which may be imposed for a maximum period of fifteen years, was imposed by Indian River County in April, 1989, and was renewed by voters in November, 2002 and again in November 2016. Generally, the proceeds must be expended to finance, plan, and construct infrastructure; to acquire land for public recreation or conservation or protection of natural resources; or to finance the closure of local government-owned solid waste landfills that are already closed or are required to close by order of the Department of Environmental Protection. Table 6.1 shows that local sales surtax revenue represented 6.65% of all funds collected by Indian River County in FY 2019/20. Figure 6.6 displays the Local Discretionary Sales Surtax revenue received by Indian River County over the last six fiscal years. This local revenue source increased by 17.26% over that period. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 6 137 Comprehensive Plan Capital Improvements Element Distribution of surtax proceeds is based on the specifics of an interlocal agreement or through a formula based on population. In Indian River County, Local Infrastructure Surtax revenue is distributed to county government and municipal governments through a formula based on population. Currently, twenty-five of the sixty-seven Florida counties levy a Local Government Infrastructure Surtax. Within Indian River County's region, Martin and St. Lucie counties do not levy the surtax. While Okeechobee County is eligible to levy the infrastructure surtax, it instead levies a Small County Surtax of 1 %. That is another local discretionary sales surtax. Tourist Development Tax Any county in the state may, subject to a vote of the citizenry, impose a Tourist Development Tax. The transient rental trade is the primary base for the levy of the tourist tax. Any lodging agreement for six months or less is subject to the tax. Generally, the tourist tax levy is one or two percent. Counties, however, may set an additional one percent above the original tax through an extraordinary vote of the governing board or by referendum. Further, if a professional sports franchise facility is located within a county, an additional one to two percent tourist tax may also Figure 6.7: Tourist Development Tax Revenue by FY $3,500 $3,025 53,094 $3,000 $2,818 $2,714 $2,500 $2,267 $2,433 $2,000 $1,500 $1,000 $500 $- 14/15 15/16 16/17 17/18 18/19 19/20 •Revenue (n thousands) Source: Indian River County Finance Department be levied. The first one percent professional sports franchise facility tax may be authorized by a majority vote of the governing board of the county, while the second one percent tax must be authorized by a majority plus one vote of the governing board of the county. Currently, Indian River County imposes the original two percent tourist tax, the additional one percent tax, and an additional one percent professional sports franchise facility tax. Out of Florida's sixty-seven counties, sixty-three currently levy a tourist tax. Of those sixty-three counties, fifty-three counties, including Indian River County, impose an additional one percent tourist tax; forty-four counties, including Indian River County, impose a one percent professional sports franchise tax, and thirty counties impose the second one percent professional sports franchise tax. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 7 138 Comprehensive Plan Capital Improvements Element Table 6.2 displays the tourist taxes imposed in counties that are geographically proximate to Indian River County. Compared to neighboring counties, Indian River County imposes a similar level of tourist taxes. Palm Beach County has the highest tourist tax levy of the six counties listed (6.0%), followed by Brevard, St. Lucie, and Martin Counties at 5.0%. While Indian River County has a tourist tax rate of 4.00%, Okeechobee County has the lowest tourist tax levy at 3.0%. Table 6.2: Optional Tourist Taxes on Transient Rental Facilities Original Professional Additional Maximum Additional Sports Professional County Tourist Tax Franchise Sports Potential % Total % Le vy Tax Levy Facility Tax Franchise Tax Brevard 2.00% 1.00% 1.00% 1.00% 5.00% 5.00% Indian River 2.00% 1.00% 1.00% ---------- 5.00% 4.00% Martin 2.00% 1.00% 1.00% 1.00% 5.00% 5.00% Okeechobee 2.00% 1.00% --------- ---------- 5.00% 3.00% Palm Beach 2.00% 1.00% 1.00% 1.00% 6.00°/x* 6.00%* St. Lucie 2.00% 1.00% 1.00% 1.00% 5.00% 5.00% Note: Shading indicates those counties eligible to impose a particular tax *Palm Beach County is 1 out of 9 counties in the state that can also impose a 1 % High Tourism Impact Tax, which it currently does levee. Source: The Florida Legislature's Office of Economic and Demographic Research website: November 2021 The Local Option Tourist Tax can be used for the following purposes: (1) Acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, and promote one or more publicly owned and operated convention centers, such as sports stadiums, coliseums, or auditoriums within the district that the tax is imposed; (2) Acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, and promote aquariums, or museums that are publicly owned and operated or owned and operated by a not-for-profit organization and open to the public, within the boundaries of the county or sub -county special taxing district in which the tax is levied; (3) Promote zoological parks that are publicly owned and operated or owned and operated by not-for-profit organizations and open to the public; Community Development Department Indian River County Adopted December _ 2021, Ordinance 2021-_ 8 139 Comprehensive Plan Capital Improvements Element (4) Promote and advertise tourism nationally, internationally, and in the State of Florida; (5) Fund convention bureaus and other tourist information bureaus as county agencies or by contract with the Chamber of Commerce or similar associations in the county; (6) Finance beach park facilities, or beach, channel, estuary, or lagoon improvement, maintenance, renourishment, restoration, and erosion control, including construction of beach groins and shoreline protection, enhancement, cleanup, or restoration or inland lakes and rivers to which there is public access as those uses relate to the physical preservation of the beach, shoreline, channel, estuary, lagoon, or inland lake or river; (7) Pledge the revenues to secure and liquidate revenue bonds issued by the county, subject to certain limitations. Figure 6.7 shows the Tourist Development Tax revenue received by Indian River County over the last six fiscal years. Since FY 2014/15, Tourist Development Tax revenue has increased 19.72%. ➢ Local Option Fuel Tax Local governments are authorized to levy up to twelve cents of local option fuel taxes in the form of three separate levies. Those levies are: ➢ a one to six cent local option fuel tax; ➢ a one to five cent local option fuel tax; and ➢ a ninth cent fuel tax. I Figure 6.8: Local Option Fuel Tax Revenue by FY $3,900 -- $3,800 $3,700 $3,600 $3,500 MENEM $3,400 $3,300 11000 M $3,200 --. 14/15 15/16 16/17 17/18 18/19 19/20 E Revenue (in thousands) Source: Indian River County finance Department I I I Indian River County currently imposes the full six cents of the one to six cent fuel tax. That tax applies to every net gallon of motor and diesel fuel sold within the county. The one to six cent fuel tax may be authorized by an ordinance adopted by a majority vote of the governing body or voter approval in a county -wide referendum. Generally, the proceeds may be used to fund transportation expenditures. Table 6.1 shows that the local option fuel tax revenue represented 1.19% of all funds collected by Indian River County for FY 2019/20. Figure 6.8 shows the local option fuel tax revenue received by Indian River County.tSince FY 2014/15 local option fuel tax revenue has decreased by 2.7%. All sixty-seven Florida counties levy the full $0.06 of the original local option fuel tax. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 9 140 Comprehensive Plan Capital Improvements Element Table 6.3 identifies the local fuel taxes levied in Indian River County and in other counties in the region. As shown in Table 6.3, Saint Lucie, Martin, Okeechobee, and Palm Beach counties all levy the highest allowable fuel taxes at $0.12 per gallon. Those four counties impose both the Ninth Cent Fuel Tax and the One to Five Cent Local Option Fuel Tax. While Indian River County is eligible to levy the Ninth -Cent Fuel Tax and the One to Five Cent Local Option Fuel Tax either by extraordinary vote of the Board of County Commissioners or by voter approval in a countywide referendum, it does not currently levy either tax. At this time, fifty-four of the sixty-seven Florida counties levy the Ninth -Cent Fuel Tax, while thirty-six of the sixty-seven Florida counties impose at least a portion of the One to Five Cent Local Option Fuel Tax. Table 6.3: Local Fuel Tax Rates County One to Six Cent Local Option Fuel Tax One to Five Cent Local Option Fuel Tax Ninth Cent Fuel Tax Total Local Fuel Tax Brevard $0.06 -------- -------- $0.06 Indian River $0.06 -------- -------- $0.06 Martin $0.06 $0.05 $0.01 $0.12 Okeechobee $0.06 $0.05 $0.01 $0.12 Palm Beach $0.06 $0.05 $0.01 $0.12 St. Lucie $0.06 $0.05 $0.01 $0.12 Source: The Florida Legislature's Office of Economic and Demographic Research website: November 2021. Franchise Fee/Tax Counties and municipalities may exercise their home rule authority to impose a fee upon a utility for the grant of a franchise and the privilege of the utility using the local government's rights-of-way to conduct the utility's business. Franchise fees are typically levied through a franchise agreement negotiated between the local government and the utility provider. Indian River County receives franchise revenue from electric, water, sewer, garbage, and cable television franchises. Community Development Department Adopted December _ 2021, Ordinance 2021 - Figure 6.9: Franchise Fee/Tax Revenue by Fl�� $9,500 $9,448 $9,400 $9,300 $9,200 omm "Mm 0 M 11711 $9,100 $9,000 $8,900 $8,800 $8,700 ��• 14/15 15/16 16/17 17/18 18/19 19/20 Source: Indian River County Finance 0 Revenue (in Mwsands) Indian River County 10 141 I Indian River County 10 141 Comprehensive Plan Capital Improvements Element Table 6.1 shows that franchise fee revenue represented 3.15% of all funds collected by Indian River County in FY 2019/20. Figure 6.9 shows that since FY 2014/15 franchise fee revenue collected by Indian River County decreased 1.92%. Other Miscellaneous Revenue Included in this category are various administrative fees, licenses and permits, fines, interest income, rental income, private contributions, and other miscellaneous revenues. This source of revenue for Indian River County represented 7.32% of all funds collected in FY 2019/20. Borrowing As needed, the county uses borrowing as a financing vehicle to raise money for public purposes that are beyond the realm of current cash reserves, operating revenue and reasonable taxation. Currently, borrowing money to pay for capital improvements can be done through either short-term or long-term financing. Short term financing is usually accomplished by the use of bond pools, notes, private placements with banks, and the public placement of Voted General Obligation debt. Long term financing is usually achieved through the issuance of bonds sold on the public market. According to state law, local governments may sell bonds for capital improvements without a referendum of the voters if the pledge used for the bond is a non -ad valorem revenue source. Conversely, any bond issue pledging ad valorem taxes requires approval through a voter referendum. General Obligation Bonds are bonds that are secured by the full faith and credit of the issuing government. Those bonds are secured by a pledge of the issuer's ad valorem taxing power. According to state law, the amount of ad valorem taxes necessary to pay the debt service on general obligation bonds is not subject to the constitutional property tax millage limits. Such bonds constitute debts of the issuer and require approval through a voter referendum prior to issuance. Revenue bonds are bonds payable from a specific source of revenue, where the full faith and credit of the issuer is not pledged to repay the bonds. Because revenue bonds are payable from identified sources of revenue, bond holders may not compel taxation or legislative appropriation of funds for payment of debt service. Pledged revenues may be derived from operation of financed projects, grants, or other specified non -ad valorem taxes. A public referendum is not required prior to issuance or validation of such obligations. In the past, the county has issued revenue bonds to finance improvements to its sanitary sewer, potable water, and golf course facilities. Also, revenue bonds have been issued to finance the cost of construction of various capital improvement projects. Deposits from bond revenues are put into the respective bond fund accounts for those projects, whereby funds are specifically designated for a particular project, and user charges are used to pay off the debt. Community Development Department Adopted December _ 2021, Ordinance 2021-. Indian River County 11 142 Comprehensive Plan Capital Improvements Element Special assessment bonds are bonds issued to pay for capital improvements that impact specific areas or groups of property owners. Proceeds from the assessments levied against benefiting property owners are used to pay off the bond debt. The issuance of those bonds does not need to be approved by voter referendum. Revenue bonds and special assessment bonds are similar in nature, except that special assessment bond debt is paid -off by assessments levied against benefiting property owners and not from ongoing user charges. The county has issued special assessment bonds for solid waste disposal. The issuance of tax anticipation or bond anticipation notes is an example of a short-term (less than five years) method of financing. Notes usually have higher interest rates than bonds and have shorter maturity dates than bonds. Tax anticipation notes are issued in advance of a new fiscal year to cover gaps in the budget before property taxes are received, while bond anticipation notes are issued in anticipation of the receipt by the county of proceeds from the sale of corresponding future bond issues. The county currently has no outstanding tax or bond anticipation notes. Additional Optional Local Revenue Sources Occasionally, the use of additional revenue sources may be necessary, depending on priorities mandated by the Board of County Commissioners and the availability of existing revenue sources. In such cases, Indian River County has two options to increase local revenues. One is to implement new taxes that are permitted by state regulation, while the other is to increase existing taxes and fees that are imposed by the county. Additional local revenue sources available to Indian River County include the Ninth Cent Fuel Tax, the One to Five Cent Local Option Fuel Tax, and the Professional Sports Franchise Facility Tax. Both the Ninth Cent Fuel Tax and the One to Five Cent Local Option Fuel Tax are taxes on the purchase of fuel. With the Ninth Cent Fuel Tax, a one cent per gallon tax on motor fuel and special fuel can be levied on fuel purchases in the county. Revenue from the Ninth Cent Fuel Tax may be shared with municipalities, but counties are not required by law to share the proceeds. Authorized uses for revenue collected from the Ninth Cent Fuel Tax include paying the costs and expenses of establishing, operating, and maintaining a transportation system and related facilities. Additional uses include funding the acquisition, construction, reconstruction, and maintenance of roads. The One to Five Cent Local Option Fuel Tax is a one to five cents tax that can be levied upon every gallon of motor fuel sold in Indian River County. Revenues from that fuel tax must be shared among all eligible jurisdictions in the county as a result of an interlocal agreement or by an historical transportation expenditures formula. Authorized uses for revenue collected from the One to Five Cent Fuel Tax include transportation expenditures needed to meet the requirements of the Capital Improvements Element of the Comprehensive Plan. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 12 143 Comprehensive Plan Capital Improvements Element A Professional Sports Franchise Facility Tax is a levy of up to I% on any lodging agreement for six months or less. Revenue from this tax may be used to pay the debt service on bonds issued to finance the construction, reconstruction, or renovation of a professional sports franchise facility. State Sources Revenue classified as state sources may be generated locally but collected by the state and returned to the county. Table 6.1 displays the state revenue sources applicable to Indian River County. Those sources are described in further detail below. Local Government Half -Cent Sales Tax The Local Government Half Cent Sales Tax Program allocates 8.9744% of net sales tax proceeds remitted by sales tax dealers in a county to a special account administered by the Department of Revenue; that account is the Local Government Half Cent Sales Tax Clearing Trust Fund. Those funds are then earmarked for distribution to the governing body of the county and each municipality within the county. Distribution of those monies within the county is determined by a formula that uses a weighting factor based on the population of the incorporated and unincorporated areas and multiplies that factor by 8.9744% of the sales tax proceeds received by the county. In FY 2019/20, Indian River Figure 6.10: Half Cent SalesTax $10,500 — Revenue by FY $10298 $10,073 $10,000 $9,905 $9,500 $9,432 $s,o44 $9,000 S8,ss5 $8,500 $8,000 $7,500 14/15 15/16 16/17 17/18 18/19 19/20 ■ Revenue (in thousands) Source: i ndian River County Finance Department County received $10,073,000 through the half -cent sales tax. As shown in Table 6. 1, that amount represented 3.53% of all funds collected by Indian River County during the 2019/20 fiscal year. Figure 6.10 displays the funds made available to Indian River County through the half -cent local government sales tax over the last six fiscal years. Overall, Indian River County's half -cent sales tax revenue increased between Fiscal Year 2014/15 and Fiscal Year 2019/20. Occasionally, governments can receive supplemental distributions by meeting special eligibility criteria; however, in no case can the total supplemental and ordinary distribution exceed the maximum per capita amount allowed by law. Governments are allowed wide latitude in using the half cent sales tax. For counties, the law provides only that half cent sales tax revenue be used for countywide tax relief or countywide programs. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 13 144 Comprehensive Plan Capital Improvements Element • County Revenue Sharing The current structure of the county revenue sharing program consists of two revenue sources. Those sources include 2.90% of net cigarette tax collections and 2.0810% of sales and use tax collections. Proceeds are collected by the state and then distributed to eligible counties based on an allocation formula. There are no use restrictions on the distributed revenue; however, there are some statutory limitations regarding those funds being used as a pledge for indebtedness. To receive distribution proceeds through the county revenue sharing program, counties must meet the following criteria: Figure 6.11: County Revenue Sharing by FY $4,500 --- — $4,011 $4,000 $3,601 $3,797 $3,772 $3,500 $3,333 53,431 $3,000 $2,500 $2,000 $1,500 $1,000 $500 14/15 15/16 16/17 17/18 18/19 19/20 ■ Revenue (in thousands) Source: Indian River County Finance Deparment (1) Law enforcement officers and firefighters are certified and meet state requirements; (2) Certification of taxable value for a property tax levy is made in a timely and correct manner to the Department of Revenue; (3) The county's most recent financial reports must have been sent to the Department of Financial Services, and post audits of those statements and accounts must have been provided. Table 6.1 shows that county revenue sharing funds represented 1.32% of all funds collected by Indian River County in FY 2019/20. Figure 6.11 shows that, between Fiscal Year 2014/15 and 2019/20, Indian River Coun 's revenue from rev n h ' ty e ue s armg gradually increased. • Constitutional Fuel Tax The constitutional fuel tax is defined as an excise or license tax of two cents per gallon of motor fuel, imposed upon the first sale or first removal from storage (after importation into Florida). Revenues from this levy become state funds at the time of collection by the refiner, importer or wholesaler. In its current form, the constitutional fuel tax is a state -shared revenue source for counties only. Community Development Department Adopted December _ 2021, Ordinance 2021-. FIGURE 6.12: Constitutional Fuel Tax $1,950 Revenue by FY $1,s1 $1,900 $1,853 $1,850 $1,814 $1,800 $1,766 $1,750 $1,700 $1,674 $1,650 $1,600 $1,550 14/15 15116 16117 17/18 18119 19/20 • Revenue (in thousands) Source: Indian River County Finance Department Indian River County 14 145 Comprehensive Plan Capital Improvements Element Applying a distribution formula, the state allocates proceeds to counties to the extent necessary to comply with all obligations to or for the benefit of holders of bonds, revenue certificates, and tax anticipation certificates or any refunds secured by any portion of the tax proceeds. After complying with the necessary debt service obligations, the state distributes a county's surplus funds to its governing body. Table 6.1 shows that revenue received from the constitutional fuel tax levy represented 0.60% of total revenue received by Indian River County in FY 2019/20. Figure 6.12 shows that, over the last six fiscal years, constitutional fuel tax revenue received by Indian River County increased by 1.97%. • County Fuel Tax The county fuel tax is levied on motor fuel at the rate of one cent per net gallon. The legislative intent of this tax is to reduce a county's reliance on ad valorem taxes. Funds received from this tax can be used by a county for transportation -related expenses, including the reduction of bond indebtedness incurred for transportation purposes. Table 6.1 shows that funds received through the county fuel tax levy represented 0.26% of all revenue collected by Indian River County in FY 2019/20. Figure 6.13 shows that, over the last six fiscal years, county fuel tax revenue received by Indian River County increased 0.68%, but decreased significantly from FY 2018/19 to FY 2019/20. 0 Alcoholic Beverage License Tax Alcoholic beverage license taxes are levied on manufacturers, distributors, vendors, and sales agencies of alcoholic beverages in Florida. The tax is administered, collected, enforced, and distributed to local governments by the Division of Alcoholic Beverages and Tobacco within the Department of Business and Professional Regulation. Twenty-four percent of the license taxes imposed on the sale of beer, wine and liquor collected Community Development Department Adopted December _ 2021, Ordinance 2021 - Figure 6.13: County Fuel Tax by FY $860 $840 5833 $820 $818 $soz $800 $783 $780 $760 $743 $73e $740 $720 $700 $680 14/15 15/16 16/17 17/18 18/19 19/20 • Revenue (in thousands) Source: Indian River County Finance Department Indian River County 15 146 Comprehensive Plan Capital Improvements Element within a county is returned to the county Tax Collector. The remaining funds are used to operate the division and contribute to the operation of the Office of the Secretary of Business Regulation. Table 6.1 shows that the county received approximately $65,000 from this tax in FY 2019/20, 0.02% of all revenue received by Indian River County. Figure 6.14 shows that, over the last six fiscal years, alcoholic beverage license tax revenue received by Indian River County fluctuated. Distribution of Sales and Use Taxes to Counties According to Florida Statutes, a guaranteed entitlement of $29,915,500 is equally distributed among Florida's sixty-seven counties, providing each county's general revenue fund with $446,500. Table 6.1 shows that revenue received from the Distribution of Sales and Use Taxes represented 0.16% of revenues received by Indian River County in FY 2019/20. Uses for this revenue are determined by the Board of County Commissioners. Mobile Home License Tax An annual license tax is levied on all mobile homes and park trailers, and on all travel trailers and fifth -wheel trailers exceeding thirty-five feet in body length. The license taxes, ranging from $20 to $80 depending on body length, are collected in lieu of ad valorem taxes. The taxes are collected by county tax collectors and Figure 6.15: Mobile Home License Tax Revenue by FY $114 St � x --- --- $112 $110 $110 $108 S1o7 $106 $106 $105 $104 $los $102 $100 $98 14/15 15/16 16/17 17/18 18/19 19/20 • Revenue (in thousands) Source: Indian River County Finance Department remitted to the Department of Highway Safety and Motor Vehicles. From each license, two deductions are made. The first is a deduction of $1.50 by the Department of Highway Safety and Motor Vehicles, with proceeds deposited into the State General Revenue Fund. The second is a deduction of $1.00, with proceeds deposited into the Florida Mobile Home Relocation Trust Fund. The remaining balance is deposited into the License Tax Collection Trust Fund for distribution to units of local government. A county government is eligible to receive proceeds from this tax if taxable mobile home units are located in its unincorporated area. An authorized use of the proceeds is not specified in the current law. Table 6.1 shows that funds received through the mobile home license tax represented 0.04% of all revenue received by Indian River County in FY 2019/20. Figure 6.15 shows that, mobile home license tax revenue received by Indian River County fluctuated between FY 2014/15 and FY 2019/20. • Various Grants Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 16 147 Comprehensive Plan Capital Improvements Element Table 6.1 shows that funds received in the form of state grants represented 0.98% of funds received by the county in FY 2019/20. Those state grant funds received by the county originated from the Division of Emergency Management, the Florida Housing Finance Corporation, the Florida Department of State, the Florida Department of Environmental Protection, the Florida Department of Transportation, the Florida Department of Revenue, the Florida Department of Law Enforcement, the Florida Department of Economic Opportunity, and the Florida Department of Health. Federal Sources Federal funds are either granted directly to local governments or passed through state agencies for administration and monitoring. Those grants are usually distributed on a competitive basis rather than by formula allocations, thereby making forecasts of future revenues difficult. For the purpose of revenue forecasts, those sources will be assumed to remain constant. During FY 2018/19 the county received approximately $5,929,000 in federal funds. Those funds represented 2.08% of all funds received by Indian River County in FY 2019/20. Overall Revenue Sources As mandated by state statute, the financial resources of the county are categorized according to the state Chart of Accounts. The categories in the state Chart of Accounts are taxes, licenses and permits, intergovernmental revenue, charges for services, fines and forfeitures, and miscellaneous revenues. Table 6.4 identifies the total amount of historic revenue generated from those sources for fiscal years 2013/14 through 2018/19. Table 6.4: Indian River County General Revenues By Source Fiscal Year Licenses & Intergovernmental Charges for Fines & Miscellaneous Totals Taxes Permits Revenue Services Forfeitures Revenues 2014/2015 $100,182,672 $18,471,625 $33,624,651 $62,987,961 $924,860 $4,548,434 $220,740,203 2015/2016 $109,101,602 $19,872,044 $33,535,027 $62,868,855 $1,708,273 $10,591,490 $237,677,291 2016/2017 $115,774,419 $19,558,052 $31,587,431 $64,685,312 $1,680,464 $9,058,093 $242,343,771 2— ,425,960 837.168.177 %67-769.381 2,138 22015 586,692 2 2.06% ,463,368 3 0' 8.38% 9,995 2 17 3.74•A. 8 07 ),280 0.42/ ---_-_ _- ,sive Annual 15.23 - ;, Tr County - - 0.69% 8.37% 4.46% 13.03% ,tribui.iiin (Pi ltirenrrdl rcrvenues -- _ . 2018 8.2 1 of re' 2019 7.73X1 in tt 666% 2020 7.61 } 24.8 P!6�6.63% 6.66 ';.. '---- - 26.08% 17 ( 0.64% 13.63% ment 26.46% 01.78% 0.48% 11.aa% Adopted December _ 2021, Ordinance 11.87% 1 ■ Taxes ® Licenses & Permits 0 Intergo%,emmental Re%enue o Charges for SeNces 0 Fines & Forfeitures a Miscellaneous Reeenues 148 Comprehensive Plan Capital Improvements Element Expenditures In the previous sub -section, the various revenue and income sources currently utilized by Indian River County were reviewed. This sub -section of the Capital Improvements Element identifies how those monies are allocated to meet the County's needs. Table 6.5 presents the County's overall general expenditures by category for fiscal years 2014/15 through 2019/20. Table 6.5: Indian River County General Government Expenditures By Function and by FY Fiscal Year 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 General Government $23,569,495 $23,028,473 $29,456,693 $30,631,940 $28,825,668 30,964,357 Public Safety $74,492,323 $81,251,970 $89,841,802 $92,695,363 $94,683,976 $102,163,713 Physical Environment $48,474,272 $49,148,815 $55,578,221 $59,317,463 $65,665,032 $62,467,257 Transportation $29,812,672 $30,991,899 $29,314,242$31,359,379 $31,224,861 $35,037,602 Economic Environment $436,320 $424,593 $437,031 $426,085 $469,565 $510,010 Human Services $7,519,756 $7,868,392 $8,116,910 $9,302,125 $9,511,279 $11,662,394 Culture/Recreation $19,857,345 $24,240,179 $15,891840 $14980 ,225 $21,638673 26,222,358 Court Related $6,677,909 $6,605,682 $6,755,050 $6,540,045 $7,187,297 $6,536,101 Debt Service $5,446,070 $5,215,007 1 $5,230,520 $5,270,153 $6,179,835 $7,887,367 TOTAL $216,286,162 1 $228,775,010 1 $240,622,309 1 $250,522,778 $265,386,186 $283,451,1589 Source: Indian River County Comprehensive Annual Financial Report 2018/19 Table 6.5 shows expenditures in nine categories. Depending on the county's activities in any given fiscal year, the level of expenditures may fluctuate for certain categories. Figure 6.17 displays the percentage distribution of Indian River County's general expenditures over the last six fiscal years. Figure 6.17: General Government Expenditures by Function 22.4°k - -- 1. --- 0.rA 3.5% 10.9% 2.5°k 3.1% 9.2% 12.2% 2018 23.7% 2.1% e 2.6% 3.7% 0.2% ® General Gmemment ® Transportation C Culture/Recreation 2016 21.5% l 10.1% 13.5% 2.3% .9% 10.6% 3.4% 0.2% 2017 12.26.6%2. 2.2;.2'%/o 23.1% 6.6% 2.2% I 12.2% a.$ ■ Public Safety ■ Economic Enuronment M Court Related o Physical EnHronment ® Human Services in Debt Service 149 M% Comprehensive Plan Capital Improvements Element A major classification of services provided by Indian River County, the general government expenditure category, consists of activities undertaken by the legislative and administrative branches of the county government. Departments such as the Board of County Commissioners, County Administrator, Personnel, and Purchasing fall into this category, as do all Constitutional Officers, except the Sheriff. As shown in table 6.5, $30,964,357 was spent on general government services in FY 2019/20. Between fiscal years 2014/15 and 2019/20, general government expenditures increased by 31.37%. In FY 2019/20, general government services represented 10.92% of all county expenses. Public Safety The Sheriff's Department, Fire Services, Advanced Life Support, Emergency Management, and the Medical Examiner fall under the category of Public Safety. As shown in table 6.5, the county, in FY 2019/20, spent $102,163,713 for public safety services. Since FY 2014/15, public safety expenditures have increased by 37.15%. Public safety represented 36.04% of all county expenses in FY 2019/20. Physical Environment The physical environment classification encompasses the county's water and waste water utilities, the Solid Waste Disposal District (SWDD), the Soil and Water Conservation District, and the Environmentally Sensitive Land Acquisition Fund. Table 6.5 shows that $62,467,257 was spent on these activities in FY 2019/20. Since FY 2014/15, physical environment expenditures have increased by 28.87%. Physical environment services represented 22.04% of all county expenses in FY 2019/20. Transportation Departments under the transportation category include Road and Bridge, County Engineering, Secondary Roads Construction, and Traffic Engineering. Those departments are responsible for designing, constructing, overseeing, and maintaining the county's roads and drainage systems. As shown in table 6.5, the county spent $35,037,602 on transportation facilities in FY 2019/20. Since FY 2014/15, transportation expenditures have increased by 17.53%. Transportation expenses represented 12.36% of all county expenses in FY 2019/20. Economic Environment Included in the economic environment category are the costs of providing services which develop and improve the economic condition of the community and its citizens. Up to June 30, 2011, Community Development Department Indian River County Adopted December _ 2021, Ordinance 2021-_ 19 150 Comprehensive Plan Capital Improvements Element Veteran Services, the Housing Authority, and the Economic Development Division of the Indian River County Chamber of Commerce primarily undertook that function. On July 1, 2011, the Housing Authority was officially separated from the County; consequently, its expenditures are no longer reported here. Table 6.5 shows that $510,010 was spent on economic environment services in FY 2019/20. Since FY 2014/15, economic environment expenditures have increased by 16.89%. Economic environment expenses represented 0.18% of all county expenses in FY2019/20. Higher expenses between FY 2011/12 and FY 2013/14 were the result of expenditure of Neighborhood Stabilization Program Community Development Block Grant funds, one time grants provided to lessen the negative effects of the economic downturn/recession and housing collapse. Human Services Human Services cover the cost of providing services for the care, treatment, and control of human illness, injury or disabilities, and for the welfare of the community as a whole and its individuals. The Health Department, Welfare, Medicaid, and Children's Services fall into this category. Table 6.5 shows that the County spent $11,662,394 on human services in FY 2019/20. Since FY 2014/15, human services expenditures have increased by 55.09%. Human Services represented 4.11% of all county expenses in FY 2019/20. Culture/Recreation All costs associated with providing and maintaining cultural and recreational facilities and activities for the benefit of citizens and visitors fit into this category. County libraries, parks, recreation operations, and the golf course are included here. As shown in table 6.5, the County spent $26,222,358 on those services in FY 2019/20. Since FY 2014/15, cultural/recreation expenditures have increased by 32.05%. Culture/recreation expenses represented 9.25% of all County expenses in FY 2019/20. Court Related All costs of operating the judicial branch of Indian River County Government are classified here. That category includes the County Court, Circuit Court, State Attorney's Office and Public Defender. As shown in table 6.5, expenditures from that category totaled $6,536,101 in FY 2019/20. Between fiscal years 2014/15 and 2019/20, Court Related expenditures decreased by 2.12%. Court Related costs represented 2.31 % of all county expenses in FY 2019/20. Debt Service Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 20 151 Comprehensive Plan Capital Improvements Element Debt service consists of interest and payments made by the county on its debt. That figure includes principal retirement, interest and other miscellaneous debt service. As table 6.5 indicates, total County debt service expenditures were $7,887,367 in FY 2019/20. Since FY 2014/15, debt service expenditures have increased by 44.83%. Debt service expenses represented 2.78% of all County expenses in FY 2019/20. Existing Outstanding Debt At the end of FY 2020/21, Indian River County's outstanding debt, comprised of revenue bonds and general obligation bonds, stood at $4,634,000. That is shown in table 6.6. Currently, Enterprise Funds comprise 23.18% of the overall debt (Utility Dept), leaving $3,560,000 in bonds paid from general governmental funds. In November 2001, Indian River County issued the remaining $11,000,000 of the $26,000,000 Environmentally Sensitive Land Acquisition general obligation bonds originally approved by voters in 1992. Also in 2001, the County issued $16,810,000 in Spring Training Facility Bonds to finance the acquisition and expansion of the Dodgertown spring training facility (now known as Historic Dodgertown). In 2004, Indian River County voters approved the issuance of up to an additional $50,000,000 in Environmentally Sensitive Land Acquisition general obligation bonds. As a result, Indian River County issued $48,600,000 in Environmentally Sensitive Land Acquisition general obligation bonds in 2006. While the county refinanced its 1996 Series Water and Sewer Bonds in 2005 and the majority of its 1993 Series A Water and Sewer Bonds in 2009, the County retained a portion of the 1993 Series A Water and Sewer Bonds with a maturity of 2011 because it was more cost efficient than rolling the entire amount into the 2009 Water and Sewer Bonds. That portion of the water and sewer bond has since been paid off. More recently, in 2015 the 2005 Series Water and Sewer Revenue Bonds and the 2006 Series Environmental Lands Acquisition Bonds were refinanced. Those bonds were refinanced to take advantage of better interest rates. In addition, the debt issuance for the 2009 series Water and Sewer Bonds were paid off and the Spring Training Facility bonds were partially paid off during fiscal year 2018/19, and the Environmental Lands Acquisition 2015 Series were paid off during fiscal year2019/20. This has substantially decreased the County's total bond debt. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 21 152 Comprehensive Plan Capital Improvements Element Table 6.6: Indian River County Existing Long Term Debt Amount Average Initial Amount Remaining Interest Rate Final Maturity Bond Rating Security Pledge (a 09/30/2021 Water & Sewer Revenue Bonds: 2015 Series $7,171,000 $1,074,000 1.65% 2022 N/A Water & Sewer Revenues Recreation Revenue Bonds 2001 Series Spring Training Facility $16,810,000 $3,560,000 4.87% 2031 AAA/FGIC State Funds & Tourist Tax $4,634,000 Total Bonds Outstanding Source: Indian River County Budget 2021/22. Local Policies and Practices As part of the capital improvements planning process, it is important to do an inventory of current Indian River County policies and practices that guide the timing, location, expansion, or increase in capacity of capital facilities. Those policies and practices relate to the county's existing level -of - service standards, impact fee programs, comprehensive plan, and enterprise fund accounts. Existing Level -of -Service Standards Level -of -service (LOS) standards are indicators of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. Level -of -service standards indicate the capacity per unit of demand of each public facility. Level -of -service standards can affect the timing and location of development by guiding development to areas where facilities may have excess capacity. Indian River County has level -of -service standards for capital facilities as follows: ➢ Correctional Facilities (Countywide) • 4.5 beds per 1,000 permanent plus weighted peak seasonal population ➢ Fire/EMS (Countywide, excluding Indian River Shores) • .089 Stations per 1,000 permanent plus weighted peak seasonal population ➢ Law Enforcement (Unincorporated County) • 2.09 officers per 1,000 permanent plus weighted peak seasonal population ➢ Libraries (Countywide) • 580 building square feet per 1,000 permanent plus weighted peak seasonal population • 3,200 library material items per 1,000 permanent plus weighted peak seasonal population • 0.7 computers per 1,000 permanent plus weighted peak seasonal population Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 22 153 Comprehensive Plan Capital Improvements Element • 0.2 other library equipment items per 1,000 permanent plus weighted peak seasonal population ➢ Potable Water (County Service Area) • 250 gallons per day per equivalent residential unit ➢ Public Buildings (Countywide) • 1.99 building square feet per capita for permanent plus weighted peak seasonal population ➢ Parks/Recreation (Unincorporated County) • 6.61 acres per 1,000 permanent plus weighted peak seasonal population ➢ Sanitary Sewer (County Service Area) • 250 gallons per day per equivalent residential unit ➢ Schools (School Service Area): • 100 percent of Florida Inventory of School Houses (FISH) capacity for each public school type (elementary, middle, and high). ➢ Solid Waste (Countywide) • 2.2 tons per capita per year or 3.67 cubic yards per capita for permanent plus weighted peak seasonal population per year ➢ Stormwater Management • New drainage systems shall mitigate the impacts of a 25 year/24 hour design rainfall event • Minimum road crown elevation for existing roads shall be raised during resurfacing/rebuilding to the flood elevation resulting from the 2 year/24 hour storm event on local roads • The center two lanes of rebuilt roads must be at or above flood levels resulting from a 10 year/24 hour storm event on Arterial and Collector roads • All drainage basins will meet the following level -of -service standards: • By 2000 - 2 year/24 hour storm event • By 2005 - 5 year/24 hour storm event • By 2010 - 10 year/24 hour storm event ➢ Transportation (Roadways) Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 23 154 Comprehensive Plan Capital Improvements Element • Level -of -Service "D" during peak hour, peak season, and peak direction conditions on all TRIP grant funded roads as well as all freeway, arterial, and collector roadways, with the exception of the following two, which will operate at level of service "E" plus 20%: • 27' Ave — South County Line to SR 60 • 43' Ave - Oslo Road to 16`' Street For SIS/Florida Intrastate Highway System roadways, level of service `B" is adopted for rural areas, and level of service "C" is adopted for urban areas. ➢ Transit One-hour headways shall be maintained on all fixed transit routes Level -of -service standards are discussed in further detail in individual Comprehensive Plan Elements. Asset-based level of service standards for impact fee calculation purposes are provided in the Impact Fee Ordinance (Title X). Capital Improvements Program A capital improvements program (CIP) is a list of capital expenditures to be incurred each year over a fixed period of years to meet anticipated capital needs. In Indian River County, the CIP identifies the projects that the County plans to undertake in the next five years and presents an estimate of the costs and the resources needed to finance the projects. Revenue sources within the first year of the CIP reflect current fund balances as well as anticipated annual revenue collection. Within the first three years of the CIP, projects are funded entirely with "committed" revenue sources. "Committed" revenue sources are revenue sources that currently exist. Projects in years four and five of the CIP may be funded partially through "planned" revenue sources. "Planned" revenue sources are sources available to the County that have not been utilized. The Capital Improvements Element (CIE) itself consolidates the capital improvements needs of all elements of the Comprehensive Plan into an overall five-year Capital Improvements Schedule. The overall program lists the needs, costs, timeframes, priorities, and the necessary financial resources to implement the identified capital improvement projects in the various elements of the plan in the next five years. Impact Fees/Capacity Charges Impact fees are charges to developers for off-site improvements that must be provided by the local government to serve new development. That financing technique is one strategy that the County uses to implement the CIE. Currently, the County has nine impact fees in place; those are traffic impact fees, which became effective in 1986, and eight additional impact fees which became effective in June of 2005. Those eight impact fees are assessed for the following service delivery categories: solid waste, public schools, fire/ems, parks and recreation, correctional facilities, law enforcement, Community Development Department Adopted December _ 2021, Ordinance 2021 Indian River County 24 155 Comprehensive Plan Capital Improvements Element libraries, and public buildings. In 2009, the Board of County Commissioners (BCC) voted to suspend five of the nine impact fees for a period of six months. Their intent in doing so was to help encourage development during the economic recession. Since then, the BCC has voted several times to maintain the suspension of at least three of the impact fees. Most recently, the Board of County Commissioners completed a review of all impact fees, and on April 22, 2014 adopted a revised reduced nonresidential impact fee schedule with an effective date of May 5, 2014 and adopted a revised residential impact fee schedule on October 14, 2014 with an effective date of February 2, 2015. For the new impact fee schedule, the Board of County Commissioners voted to not collect the correctional facilities, solid waste facilities, and libraries impact fees at this time. In October 1999, the county's water and sewer impact fees were reclassified as capacity charges. A capacity charge is a fee charged to the direct beneficiaries of water and sewer improvements in order to fund the capital cost incurred by the water and wastewater utility to provide capacity to serve new utility customers. Enterprise Funds Enterprise funds are used to account for operations financed and operated in a manner similar to private businesses, when the intent of the governing body is that the full costs of providing the service to the general public on a continuing basis be financed or recovered primarily through user charges. Currently, the County operates its solid waste services, golf course facility, building division services, and utility services as enterprise funds. As a tool for affecting the timing and location of development, user charges may be designated to vary with the quantity and location of the service provided. Thus, charges could be greater for providing services further from urban areas and less for distances closer to urban areas. In this way, user charges could affect the economics of development locating further away from urban areas. Analysis The analysis section of this element assesses the County's historic and projected revenue and expenditure patterns to determine the County's fiscal ability to provide adequate capital improvements. Those capital improvements have been identified in other comprehensive plan elements and are needed to meet the demands of existing and future development. As part of this analysis, revenue and expenditure projections are identified and analyzed, and a fiscal assessment of needs (costs) versus projected available revenue is included. Analysis of the Timing and Location of Capital Improvements Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 25 156 Comprehensive Plan Capital Improvements Element Objectives and policies from the Future Land Use Element, Potable Water Sub -Element, Sanitary Sewer Sub -Element, Recreation and Open Space Element, Public School Facilities Element, and the Transportation Element, as well as policies followed by the Sheriff's office and County departments such as Emergency Management, Corrections, Libraries, and Solid Waste, have the most direct effect on the timing and location of capital improvements. Through planning for future improvements to the transportation system, the Transportation Element directly affects the development potential of property. Also affecting the development potential of property are the water and sewer connection requirements and the availability of parks, and public school capacity. Within the Future Land Use Element (FLUE), the assignment of land use density and intensity, as well as the urban service area regulations, affect the timing and location of capital improvements. Consistent with the FLUE and urban service area requirements in the County's comprehensive plan, the County provides public facilities and services to promote compact development by emphasizing infill development in urban areas and maximizing the efficiency of existing facilities and services in underutilized areas. The FLUE also limits urban sprawl and ensures that adequate facilities will be present to accommodate future growth. Maximizing the use of existing facilities and controlling urban sprawl will contribute to a cost-effective and efficient service delivery system. Using the County's official Future Land Use Map and Future Thoroughfare Plan Map, as well as the County's water and wastewater connection matrix, in planning for future locations of facilities provides for efficient and orderly expansion of public facilities, provides for efficient growth in desired areas, discourages growth in undesirable areas, and protects environmentally sensitive lands. Consistent with that policy, development orders are issued only after a determination is made that adequate public facilities and services will be available to meet the demand of new development. Overall, the objectives of the FLUE, Transportation Element, Parks and Recreation Element, Potable Water Sub -Element, Sanitary Sewer Sub -Element, and the Public School Facilities Element are furthered by the extension of facilities and services in a logical and efficient manner. That is accomplished by implementing the adopted Capital Improvements Element and its corresponding Schedule of Capital Improvements. Successful and efficient implementation of those items ensures that facilities and services will be in place concurrent with future demand. If a capital improvements project is not included in the adopted Schedule of Capital Improvements and the improvement is required to maintain adopted level -of -service standards, future development will be prohibited until the necessary facilities are in place. That, in effect, indirectly controls the timing and location of future development and, in turn, furthers the implementation of the Future Land Use Element and Transportation Element objectives. Appendix A constitutes the County's five year schedule of capital improvements. The purpose of the CIP is to ensure that improvements to existing facilities and construction of new facilities are Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 26 157 Comprehensive Plan Capital Improvements Element completed as needed. By implementing the five year schedule of capital improvements, the county will ensure that appropriate areas will be served by needed facilities, thus maintaining adopted levels of service. Besides implementing the components of this element, the County coordinates with the St. Johns River Water Management District (SJRWMD) and the various state agencies, such as the Florida Department of Transportation, when those agencies program facility or service improvements within Indian River County. The continuation of that coordination will ensure that the plans of state agencies and the SJRWMD will be consistent with the Comprehensive Plan and the timing and location of capital improvements as identified in the CIE. Forecasted Revenues In order to develop a financially feasible schedule of capital improvements, projected revenues over the five-year CIP time period are calculated. Those revenues are then compared to anticipated expenditures on capital improvements. For the first three years of the plan, only committed and available revenue sources are utilized. In developing revenue estimates for that process, the County considers historic revenue trends, current and anticipated economic conditions, population and growth trends, legislative changes, and any other factors that may impact future revenue streams. That analysis is far more complex than projecting prior trends into the future. That is evident in the forecasted revenues shown in this section. Since the start of the decline of the housing boom and throughout the economic recession that followed, there was a gradual decrease in most of the County's revenue sources. Forecasts show for all CIP revenue sources except "Other Sources", an increase in total revenue through FY 2025/26, of 10.38%. The "Other Sources" category included revenue sources such as grants that can vary year to year. Many of the revenue sources identified in the CIP have unique characteristics. For example, sales taxes react differently than gas taxes to similar circumstances. The analysis accounts for such differences. Because gas taxes are levied on a per gallon basis rather than a price percentage basis like the sales tax, gas taxes do not increase as a result of rising prices the way that sales taxes do. Further, gas taxes do not typically decline as significantly as sales taxes during economic slowdowns. For property taxes, impact fees, user fees, interest earnings, and other revenues, additional behavioral characteristics were considered in forecasting future receipts. All such forecasts were developed with the use of professionally accepted methodologies. To ensure a financially balanced CIP (see Appendix A), scheduled expenditures were constrained by projected revenues. As part of this capital improvements element, the County's general revenues were forecasted for fiscal _years 2021/22 through 2025/26. This section addresses general revenues and earmarked projected revenues as well as the county's tax base and millage rate projections. • Overall Forecasted Revenues Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 27 158 Comprehensive Plan Capital Improvements Element Table 6.7 summarizes the County's forecasted revenue for fiscal years 2021/22 through 2025/26. Those revenues include the County's general governmental funds, enterprise funds, and internal funds. As table 6.7 shows, general revenue collected by the County is forecast to decrease from fiscal year 2021/22 to fiscal year 2025/26 with revenues from "Other Sources" such as grants decreasing. Projecting a decrease in grant funding due to uncertainty of future grants is a conservative approach. Actual grant funding may be greater than projected. Table 6.7: Overall General Revenue Projection Summary FY 2021/2022 2022/23 2023/24 2024/25 2025/26 TOTAL Taxes $153,547,289 $157,386,000 $161,321,000 $165,354,000 $169,488,000 $807,096,289 Permits, Fees & Special Assess. $38,403,681 $39,364,000 $40,348,000 $41,357,000 $42,391,000 $201,863,681 Intergovern- ment $40,945,895 $41,970,000 $43,019,000 $44,094,000 $45,196,000 $215,224,895 Charges for .Services $92,273,381 $94,580,000 $96,945,000 $99,369,000 $101,853,000 $485,020,381 Judgements, Fines & Forfeitures $443,450 $455,000 $466,000 $478,000 $490,000 $2,332,450 Interest & Misc. $14,325,533 $14,684,000 $15,051,000 $15,427,000 $15,813,000 $75,300,533 Other Sources $182,684,204 $111,326,704 $89,742,486 $67,768,946 $35,547,127 $487,069,467 TOTAL $522,623,433 $459,765,704 $446,892,486 $433,847,946 $410,778,127 $2,273,907,696 Source: Indian River County Office of Management and Budget. Earmarked Projected Revenues Earmarked revenues are revenues that are restricted in terms of use. Such revenues may be found in the Transportation Element, Sanitary Sewer Sub -Element, Potable Water Sub -Element, and Solid Waste Sub -Element. Table 6.8 provides a summary of earmarked revenue forecasts by applicable comprehensive plan element for fiscal years 2021/22 through 2025/26. As shown in table 6.8, forecasted transportation revenues are broken down by their sources. Earmarked forecasted transportation revenues are expected to increase by 4.85% over the next five fiscal years, from $31,541,633 in FY 2021/22 to $33,071,887 in FY 2025/26. For potable water and sanitary sewer, earmarked revenue is expected to increase by 10.38% over the next five fiscal years, from $47,598,479 in FY 2021/22 to $52,539,000 in FY 2025/26. Over the next Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 28 159 Comprehensive Plan Capital Improvements Element five years, earmarked revenue for solid waste is expected to increase by 10.38% from $19,375,997 in FY 2021/22 to $21,388,000 in FY 2025/26. Table 6.8: Earmarked Projected Revenue by Comprehensive Plan Element Transportation Potable Local Constitution County Traffic 1 cent Interest on Fiscal Year Water & Sanitary Solid Waste Option* as al Gas Tax Gas Tax Impact Fee optional Gas Tax TORI Sewer Tax sales tax 2021/22 $3,240,000 $1,690,133 $733,500 $5,750,000 $20,100,000 $28,000 $31,541633 $47,598,479 $19,375,997 2022/23 $3,078,000 $1,690,000 $744,000 $5,895,000 $20,502,000 $28,000 $31,897,000 $48,788,000 $19,890,000 2023/24 $2,924,100 $1,690,000 $734,000 $5,982,000 $20,912,040 $28,000 $32,270,140 $50,008,000 $20,357,000 2024/25 $2,777,895 $1,690,000 $734,000 $6,102,000 $21,330,281 $28,000 $32,662,176 $51,258,000 $20,866,000 2025/26 $2,639,000 $1,690,000 $734,000 $6,224,000 $21,756,886 $28,000 $33,071,887 $52,539,000 $21,388,000 Source: Indian River County Office of Management and Budget. • Tax Base, Assessment Ratio, Millage Rate Table 6.9 summarizes the county's tax base forecasts which are categorized by fund through FY 2025/26. Overall, the countywide ad valorem tax base is the same as the general fund category identified in table 6.9. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 29 160 Comprehensive Plan Capital Improvements Element Table 6.9: Indian River County Tax Base and Millage Projections Fiscal Year General Fund M.S.T.U. Emergency Services District Tax Base Millage Tax Base Millage Tax Base Millage 2021/22 $20,577,735,527 3.5475 $11,392,230,024 1.1506 $16,948,332,872 2.3531 2022/23 $21,195,067,593 3.5475 $11,733,996,925 1.1506 $17,456,782,858 2.3531 2023/24 $21,830,919,621 3.5475 $12,086,016,833 1.1506 $17,980,486,344 2.3531 2024/25 $22,485,847,210 $23,160,422,626 3.5475 3.5475 $12,448,597,338 $12,822,055,258 1.1506 1.1506 $18,519,900,934 $19,075,497,962 2.3531 2.3531 LHE� Source: Indian River County Office of Management and Budget. As shown in table 6.9, the county has a Municipal Service Taxing Unit (MSTU) and an emergency services district, each with a separate millage. Changes to the Capital Improvements Program Overall, County revenue sources except "Other Sources" are expected to increase at a total rate of 10.38% from 2021/22 through Fiscal Year 2025/26 and all County revenue sources except for Judgements, Fines & Forfeitures are projected to be above what was previously forecasted in the prior year's Capital Improvements Program. With respect to the "Other Sources" funds, the decreasing yearly amount is due to uncertainty in grant funds, as that funding source is dependent on a number of factors including but not limited to economic conditions, and the competitiveness of grant applications. With this year's update, some projects have had their timeframes extended and some have had their funding sources changed as priorities have shifted, and projects previously underfunded have been designated to receive additional projected funding from sources that have become available. This includes projected increased revenue from assessments and user fees, gas taxes, various impact fees, and developer funded construction projects due to projected increased development activity and continually improving market conditions. While some project time frames have been extended, none of the extensions will impact development project concurrency reservations. By extending the timeframe of transportation projects, the County can utilize its limited resources to complete priority concurrency related projects within the overall capital improvements program. In effect, the County needs to delay some projects so that other projects will remain fundable and so that additional priority projects maybe funded. By funding necessary projects and other priority projects, and by extending the time frames for other projects, the County is maintaining a financially feasible capital improvements element. Community Development Department Adopted December _ 2021, Ordinance 2021-_ Indian River County 30 161 Comprehensive Plan Capital Improvements Element As allowed by state law, the County can consider the additional capacity to be produced by those anticipated nearer term roadway improvement projects as being available now for concurrency purposes. As such, a development project impacting a deficient link can proceed despite the deficient link, where a roadway improvement project for the deficient link will be under construction no later than three years after issuance of the first building permit for the development project. Needs Assessment' Based on public facility requirements identified in the other comprehensive plan elements, this needs assessment identifies the capital improvements required to provide sufficient infrastructure to meet proposed levels of service for existing and new development. For purposes of the CIE, a capital improvement is a substantial facility (land, building or major equipment) that costs at least $100,000 and may be paid for in phases. Table 6.10 identifies capital improvement needs through fiscal year 2025/26 for coastal management, conservation & aquifer recharge, emergency services, general services, law enforcement & corrections, recreation and open space, stormwater management, sanitary sewer and potable water, solid waste, transportation, and public schools. Appendix A provides a detailed list of projects associated with each of the comprehensive plan elements as well as those projects associated with individual department capital improvements programs. Not included in Appendix A are projects associated with the Public School Facilities Element. Those projects are found in Appendix C. Detailed capital improvement schedules, which list each improvement project, are provided in each applicable Comprehensive Plan Element or within individual master plans for the respective governmental service. Table 6.10: Future Capital Improvement Expenditures for Indian River County & Indian River County School District Element or Category 2021/22 2022/23 2023/24 2024/25 2025/26 Total Coastal Management $18,957,842 $11,500,000 $0 $0 $0 $30,457,842 Conservation & Aquifer Recharge $4,879,906 $1,550,OCO $1,700,000 $3,250,000 $2,425,000 $13,804,906 Emergency Services $9,153,635 $4,345,000 $4,975,000 $5,150,000 $5,800,000 $29,423,635 General Services/Facilities Management $14,673,744 $8,010,000 $4,425,000 $2,475,000 $275,000 $29,858,744 Law Enforcement & Corrections $3,610,894 $5,155,000 $0 $0 $0 $8,765,894 Recreation & Open Space $5,679,853 $5,390,000 $3,800,000 $3,000,000 $300,000 $18,169,853 Sanitary Sewer & Potable Water $26,344,407 $20,859,496 $24,433,863 $21,910,000 $4,823,733 $98,371,499 Solid Waste $7,200,000 $950,000 $9,800,000 $0 $0 $17,950,000 Stormwater Management $14,388,000 $500,000 $1,700,000 $1,700,000 $6,250,000 $24,538,000 Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 31 162 Comprehensive Plan Capital Improvements Element Table 6.10: Future Capital Improvement Expenditures for Indian River County & Indian River County School District Element or Category 2021/22 2022/23 2023/24 2024/25 2025/26 Total Transportation $67,001,066 $47,185,458 $37,846,873 $21,232,196 $11,704,394 $184,969,987 Total $269 553 947 $103 694 954 $88 6-8-0,73-6- $58,717,196 $31328127 $456J10.360 Public School Facilities* $14,280,588 $23,953,870 $16,822,859 $18,133,051 $21,177,733 $95,273,322 *The School District of Indian River County has the fiscal responsibility for capital improvement expenditures for public school facilities. Figure 6.18 graphically displays the forecasted capital improvements expenditures for the County during the next five fiscal years. As indicated, the sum of the total projected costs for each of the elements for the five year period is $456,310,360. Some public facilities, such as public education and health systems, are provided countywide, but are not the fiscal responsibility of the County. The County, however, is required by state statutes to provide some funds to the Indian River County Health Department (IRCHD). Consistent with state law, the Secretary of the Florida Department of Health appoints the administrator of the IRCHD with the concurrence of the Board of County Commissioners. The IRCHD maintains its financial records, and prepares its own financial report separate from the county. In the Public School Facilities Element of the County's comprehensive plan, there is an analysis and description of public schools. Based on general locational criteria for public schools, it is assumed that any new facilities which may be constructed in the County by 2025126 will be located within existing infrastructure service areas or designated expansion areas. Therefore, those systems may be considered to be adequately served by appropriate infrastructure. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 32 163 Comprehensive Plan Capital Improvements Element $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 $0 Figure 6.18: Future Capital Improvement Expenditures FY 2021/22 FY 2022/23 ■Coastal Management ❑ Emergency Services o Law Enforcement ■Sanitary Sewer & Potable Water *Stormwater Manaaement Source: Indian River County Office of Management and Budget Fiscal Assessment FY 2023/24 FY 2024/25 FY 2025/26 a Conservation and Aquifer Recharge ■ Facilities Management ■ Parks and Recreation o Solid Waste ❑ Transportation This section examines the County's ability to fund the capital improvements listed in table 6. 10, with the exception of public school facilities, and assesses whether sufficient revenue will be available within the existing budget framework utilized by the County to fund the needed improvements at the time that those improvements will be required. This assessment process consists of forecasting future revenue receipts and comparing those receipts to anticipated expenditures. With this process, it is possible to quantify annual revenue surpluses and shortfalls, providing a basis for examining opportunities for financing needed capital improvements. The expenditure estimates include operating costs. For the public school facilities listed in table 6. 10, the School District of Indian River County is responsible for funding the capital improvements. The School District's adopted "Summary of Capital Improvements Program" (Appendix C) and "Summary of Estimated Revenue" (Appendix D) provide a detailed review of the financial feasibility of the School District's Five Year Capital Plan. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 33 164 i ril, miss" MINNINVI"I" FY 2021/22 FY 2022/23 ■Coastal Management ❑ Emergency Services o Law Enforcement ■Sanitary Sewer & Potable Water *Stormwater Manaaement Source: Indian River County Office of Management and Budget Fiscal Assessment FY 2023/24 FY 2024/25 FY 2025/26 a Conservation and Aquifer Recharge ■ Facilities Management ■ Parks and Recreation o Solid Waste ❑ Transportation This section examines the County's ability to fund the capital improvements listed in table 6. 10, with the exception of public school facilities, and assesses whether sufficient revenue will be available within the existing budget framework utilized by the County to fund the needed improvements at the time that those improvements will be required. This assessment process consists of forecasting future revenue receipts and comparing those receipts to anticipated expenditures. With this process, it is possible to quantify annual revenue surpluses and shortfalls, providing a basis for examining opportunities for financing needed capital improvements. The expenditure estimates include operating costs. For the public school facilities listed in table 6. 10, the School District of Indian River County is responsible for funding the capital improvements. The School District's adopted "Summary of Capital Improvements Program" (Appendix C) and "Summary of Estimated Revenue" (Appendix D) provide a detailed review of the financial feasibility of the School District's Five Year Capital Plan. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 33 164 Comprehensive Plan Capital Improvements Element Projected Expenditures Table 6.11 shows the County's projected expenditures for fiscal years 2021/2022 through 2025/2026. By fiscal year 2025/26, the County is forecasted to have annual expenditures totaling $407,167,793. In FY 2024/25, the category projected to have the largest expenditures is the Public Safety category with $116,518,000 in expenditures. For the five-year period beginning in fiscal year 2020/21 and ending in fiscal year 2024/25, the County's expenditures are forecast to decrease by 1.35%. Table 6.11: Indian River County Overall General Expenditures Projection Summary FY 2021/22 2022/23 2023/24 2024/25 2025/26 General Gov't. Services $81,585,579 $76,595,000 $74,725,000 $74,533,000 $74,134,000 Public Safety $124,051,164 $123,569,000 $121,896,000 $124,994,000 $128,640,000 Physical Environment $125,080,782 $97,934,496 $113,560,863 $104,685,000 $93,269,733 Transportation $85,422,144 $66,067,458 $57,200,873 $41,070,196 $32,038,394 Economic Environment $508,327 $521,000 $534,000 $547,000 $561,000 Human Services $11,221,478 $11,502,000 $11,790,000 $12,085,000 $12,387,000 Culture/Recreation $45,351,797 $38,122,000 $25,563,000 $25,307,000 $23,165,000 Debt Service $483,000 $482,750 $486,750 $484,750 $487,000 Other $48,919,162 $44,972,000 $41,136,000 $50,142,000 $46,096,000 TOTAL $522,623,433 $459,765,704 $446,892,486 $433,847,946 $410,778,127 Source: Indian River County Office of Management and Budget. Earmarked Projected Expenditures Table 6.12 identifies the projected expenditures for the water, sewer, and solid waste enterprise funds for fiscal years 2021/22 through 2025/26. Those expenditures include operating expenses and other expenses for each year. According to law, all revenues from capacity charges must be spent on infrastructure improvements that benefit the payer of the capacity charge. Therefore, capacity charge revenue and expenditure amounts increase and decrease with development. For that reason, forecasting capacity charge revenues and expenditures is difficult. That system, however, ensures that new development will not reduce levels of service below County minimums. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 34 165 Comprehensive Plan Capital Improvements Element Table 6.12: Projected Expenses for Water, Sewer, and Solid Waste Fiscal Year Potable Water & Sanitary Sewer Solid Waste 2021/22 $73,942,886 $26,575,997 2022/23 $69,647,496 $20,810,000 2023/24 $74,441,863 $30,157,000 2024/25 $73,168,000 $20,866,000 2025/26 $57,362,733 $21,388,000 Source: Indian River County Office of Management and Budget. Table 6.12 shows that, in FY 2025/26, the forecast expenses for potable water and sanitary sewer services are expected to be $57,362,733. That is an decrease of 22.42% from the FY 2021/22 forecast expenses of $73,942,886. Table 6.12 also shows that, in FY 2025/26, the projected expenses for solid waste services are expected to be $21,388,000. That is a decrease of 19.52% from the FY 2021/22 projected figure of $26,575,997. Operating Cost Projections Table 6.13 provides forecasts of overall operating costs for the County for fiscal years 2021/22 through 2025/26. In fiscal year 2025/26, the County is forecast to incur approximately $333,104,000 in operating costs. Based on the figures shown in Table 6.13, the county's operating costs are forecast to increase 10.36% between 2021/22 and 2025/26. Table 6.13: Indian River Coun , Overall Operating Cost Projections Fiscal Year Total Operating Costs 2021/22 $301,814,924 2022/23 $309,348,750 2023/24 $317,075,750 2024/25 $324,988,750 2025/26 $333,104,000 Source: Indian River County Office of Management and Budget Projected Debt Capacity Debt Financing is one way that the county has provided for its capital facility needs. The primary rationale for providing capital facilities through indebtedness is that it spreads the cost of a facility over its useful life and thus is paid for by those who will use the facility. Table 6.14 identifies the amount of revenue that the County can raise by issuing revenue bonds. Those bonds can be issued without a public vote. That table identifies the County's bonding capacity for 10, 20, and 30 years. As table 6.14 indicates, the County's available bonding capacity for a 10 year issue is $233,400,000 while its bonding capacity for a 30 year issue is $585,800,000. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 35 166 Comprehensive Plan Capital Improvements Element Table 6.14: Indian River ounty Estimated Abili to Raise Bonds Without A Public Vote Pledge Sources Ten Years (Bond Interest Rate @ 1.40%) Twenty Years (Bond Interest Rate (& 1.K Thirty Years (Bond Interest Rate @ 2.0% Half Cent Sales Tax $107,100,000 $200,600,000 $276,800,000 Gas Taxes $55,400,000 $101,900,000 $139,700,000 Tourist Tax $22,900,000 $42,100,000 $57,800,000 County Revenue Program First Guaranteed Entitlement $2,000,000 $3,600,000 $4,900,000 County Revenue Program Second Guaranteed Entitlement $4,100,000 $7,500,000 $10,200,000 Sub -Total $191,500,000 $355,700,000 $489,400,000 Possible Pledge Sources Franchise Fees $42,800,000 $78,700,000 $107,900,000 Road Impact Fees $41,100,000 $75,500,000 $103,600,000 Sub -Total $83,900,000 $154,200,000 $211,500,000 TOTAL —T—$275,400,000 $509,900,000 $700,900,000 *Rates are comparable term AAA rated municipal bond yields as of 9/22/2021. Source: Indian River County Office of Management and Budget. Debt Service Obligations In table 6.15, the County's debt service obligations for current and anticipated bond issues are summarized. Debt service is payment of principal and interest on obligations resulting from the issuance of bonds. As table 6.15 indicates, the County's major anticipated outstanding debts are for water and sewer revenue bonds, and spring training facility revenue bonds. Table 6.15 Indian River CountyBond Schedule Water & Sewer Revenue Spring Training Facility FY Ending Refunding Bonds Revenue Bonds Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 36 167 Comprehensive Plan Capital Improvements Element Community Development Department Adopted December - 2021, Ordinance 2021 - Indian River County 37 2015 Series 1.65% $7,171,000 2301 Series 4.87% $16,810000 2021 Interest $35,178 $194,013 Principal $1,058,000 $305,000 Total $1,093,178 $499,013 Balance $1,074,000 $3,560,000 2022 Interest $17,721 $178,000 Princi al $1,074,000 $305,000 Total $1,091,721 $483,000 Balance $0 $3,255,000 2023 Interest $162,750 Principal $320,000 Total $482,750 Balance $2,935,000 2024 Interest $146,750 Principal $340,000 Total $486,750 Balance $2,595,000 2025 Interest $129,750 Princi al $355,000 Total $484,750 Balance 52,240,000 2026 Interest $112,000 Principal $375,000 Total $487,000 Balance $1,865,000 2027 Interest $93,250 Princi al $390,000 Total 5483,250 Balance $1,475,000 2028 Interest $73,750 Principal $410,000 Total $483,750 Balance $1,065,000 2029 Interest $53,250 Princi al $430,000 Total $483,250 Balance $635,000 2030 Interest $31,750 Principal $455,000 Total $486,750 Balance $180,000 2031 Interest $9,000 Principal $180,000 Community Development Department Adopted December - 2021, Ordinance 2021 - Indian River County 37 Comprehensive Plan Capital Improvements Element Table 6.15 Indian River CountyBond Schedule FY Ending Water & Sewer Revenue Refunding Bonds Spring Training Facility Revenue Bonds 2015 Series 1.65% $7,171,000 2001 Series 4.87% $16,810,000 Total $189,000 Balance $0 Source: Indian River County Office of Management and Budget. Fiscal Assessment Summary This section provides an analysis of the County's revenues and expenditures for its capital improvement needs for the five-year period beginning in FY 2021/22 and ending in FY 2025/26. While Appendix A details all of the capital improvement projects for the next five fiscal years for each individual comprehensive plan element by cost, timeframe, and revenue source(s), Table 6.7 provides general revenue projections for the County through fiscal year 2025/26. As shown in Table 6.7, the County will generate $2,273,907,696 in revenues from general funds, enterprise funds, and internal funds from fiscal year 2021/22 to fiscal year 2025/26. Sources of those funds include sales taxes, property taxes, grants, impact fees, and other revenues. The funding needed for the capital improvements listed within Appendix A will come from that $2,273,907,696. Overall, the County will have enough revenue to cover the costs associated with the five year capital improvements program. For all projects contained within the County's Capital Improvements project list, the total estimated cost is $456,310,360 for the next five fiscal years. This is 20.06% of the overall general fund revenues for the same time period. Concurrency Management Plan To ensure that level -of -service standards are maintained, it is necessary to have a system in place that provides the criteria for measuring facility capacity, assessing development demand on applicable Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 38 169 Comprehensive Plan Capital Improvements Element facilities, and monitoring service levels for applicable facilities. That system will set the parameters for issuing development orders consistent with level -of -service standards. While this concurrency management plan sets policies and establishes a process, the specific application of this system is through the County's land development regulations. As per state requirements, those regulations define the details of the concurrency management system and establish its administrative requirements. The major purpose of the concurrency management system is to detail the specifics of implementing the County's level -of -service standards. For that reason, the concurrency management system must apply to all development activity in the County. The system must then identify the applicable standards for each facility, the geographic scope of each facility, and the method of monitoring facility capacity changes. Most importantly, this system must specify when facilities are considered available. Project Applicability All development orders issued by the County and identified below must comply with the concurrency management plan and meet level -of -service standards. Development orders are County approvals for construction and/or land development activity. Specifically, development orders consist of the following: comprehensive plan amendments, rezonings, site plan approvals, preliminary plat approvals, development of regional impact (DRI) approvals, planned development preliminary approvals, and building permit approvals for multi—family projects. Within Indian River County, the impact from the construction of a single family home on an existing subdivision platted lot or legally created single-family parcel will constitute a de minimus impact on public facilities and thus be exempt from the concurrency requirement. Concurrency traffic impacts for single-family homes will be accounted for through tracking single-family trips and an annual traffic count update of the County's Concurrency Management System. Single — family trips tracked through this accounting system will be considered in development project traffic studies. Service Standards Level -of -service standards for concurrency related facilities are established in this plan for the following facilities: sanitary sewer, potable water, solid waste, stormwater management, recreation, public schools, and transportation. Those are explained in detail in the applicable comprehensive plan elements. For each facility, level -of -service is a measure of the relationship between demand for the service and the capacity of the facility. Capacity, however, is measured differently for each type of facility. Table 6.16 identifies both the capacity and demand measures for each public facility. Those measures are addressed in detail, and existing capacities are identified in the applicable Comprehensive Plan Elements. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 39 170 Comprehensive Plan Capital Improvements Element Table 6.16: Service Level Measures for Concurrency Related Facilities Public Facility Category Specific Facility Capacity Measure Demand Measure Geographic Scope Transportation Roadway Volume of cars Peak Season/Peak Affected Roadways accommodated over time Direction/Peak Hour Trips Sanitary Sewer Treatment Plant GPltment design capacity Generation Rate (GPD) Service Area Potable Water Treatment Plant GPItment design capacity Generation Rate (GPD) Service Area Solid Waste Landfill Volume in active cell (cubic Generation Rate (tons per Entire County yards) capita per year) Recreation Parks Acres of park land Acres of parks per thousand Entire County population Stormwater Management Drainage Volume of water Volume of stormwater Basin conveyances outfalling for design storm Education* Public Schools (K- Number of students Enrolled Students/ Future Service Area 12 accommodated over tune Student Generation *Limited to participating Schools owned and operated by the Indian River County School District Concurrency requires that each facility within the geographic scope of a proposed project's impact area have sufficient capacity to accommodate the project's demand. If that capacity is not available, the project cannot be approved. The principal function of the concurrency management system then is to provide a mechanism whereby demand and capacity measures can be compared on a project by project basis. Table 6.16 provides the criteria for establishing a demand to capacity comparison for a proposed project. While most of the characteristics are self-explanatory, one needs clarification; that is the geographic scope for the traffic public facility category. For concurrency purposes, affected roadways are those roadways impacted by a project's traffic. Regardless of size, all projects impact the roadway on which the project fronts. In addition, other roadways further removed from the project may be impacted. For concurrency purposes, two lane roadways which are assigned 8 or more peak hour/peak season/peak direction project trips and four or more lane roadways that are assigned 15 or more peak hour/peak season/peak direction project trips are considered impacted roadways. For transportation concurrency related facilities, level -of -service standards are applied to all impacted roadways. Those level -of -service standards range from A to F and are associated with peak hour/peak season/peak direction trips. Demand Demand is an important component of the concurrency management system. Essentially, demand is a measure of facility use. When compared to facility capacity, demand can indicate the level -of -service for the facility. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 40 171 Comprehensive Plan Capital Improvements Element As depicted in Table 6.16, demand can be measured quantitatively for each public facility category. While the demand function for each facility consists of applying a rate to the number of facility users, estimation of total demand is more complex. For concurrency management purposes, demand can be divided into three types: existing, committed, and projected. Each must be considered separately for purposes of concurrency management. Existing Demand Existing demand is simply the current level of use for a facility. For a roadway, it is the number of peak hour/peak season/peak direction trips; for a school, it is the number of full-time enrolled students; for water and wastewater treatment plants, it is the existing flow volume measured in gallons per day. Those figures are included within applicable plan elements. Existing demand then reflects the use of a facility by the current population. When compared to capacity, existing demand can show if the facility has unused capacity or if it is functioning over capacity. Existing demand, however, is not static. As population increases and dwelling units come on-line, existing demand increases. Those increases in existing demand can be identified through facility use measurements. For example, regular traffic counts done on roads or treatment plant flow records are examples of facility use measurements indicating existing demand levels. As existing demand levels for facilities are updated, committed demand levels must be reduced if projects representing committed demand have come on-line. Committed Demand Committed demand is a measure of the impact that approved development projects with reserved capacity will have on facilities. When added to existing demand for a facility, the committed demand for that facility will produce a more accurate estimate of unused capacity. That estimate of unused capacity represents the amount of capacity that can realistically be allocated to new projects. Committed demand must be determined by identifying all projects for which capacity has been reserved through issuance of initial concurrency certificates which are still valid. Then the specific facilities that will be impacted by those projects with reserved capacities must be determined; those facilities will be roadways and the landfill, and they may be treatment plants, drainage conveyances, and recreation facilities. Finally, the total demand on each facility attributable to committed demand will be determined. Applicable elements of the plan identify the rates to be applied to each project to determine facility demand. Traffic volumes, for example, can be derived by applying a trip rate to the size of the project. Sanitary sewer and potable water both have rates of 250 gallons per day per equivalent Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 41 172 Comprehensive Plan Capital Improvements Element residential unit. Other public facility rates are discussed fully in their applicable Comprehensive Plan Element. Like existing demand, committed demand must be determined on a facility by facility basis. For example, both existing demand and committed demand must be determined for each major roadway, each school, each treatment plant, each major drainage conveyance, and the active cell in the landfill. Also, like existing demand, committed demand estimates must be modified as projects are completed; committed demand estimates must also be modified as new development orders are approved and old development orders are terminated. Projected Demand The third type of demand is projected demand. This consists of two types. One is non- committed/non-reserved, single-family lot demand for all subdivisions, while the other is new project demand. Non-committed/non-reserved single-family lot projected demand to the facility impacts associated with construction on individual single-family lots in platted subdivisions and construction on legally established individual single-family unplatted lots and acreage will constitute a de minimus impact on public facilities and thus be exempt from concurrency review. Single-family home traffic impacts will be accounted for through tracking single-family trips for use in development project traffic studies and annual traffic count updates. The second type of projected demand is new project demand. For each new project, demand estimates must be made on a facility by facility basis. Only if sufficient available capacity exists for each facility to be impacted can the project be approved and a development order issued. Upon issuance of a development order, the estimated impacts on each facility would be considered as committed demand. Availability of Capacity Facility capacity can be assessed two different ways. First, facility capacity can be determined by facilities that are existing and available; examples would be existing treatment plants and existing roadways with a set number of lanes. The second manner for assessing facility capacity is to consider both existing, in -the -ground facilities as well as facility expansions or new facilities which are programmed but not yet existing. As part of the concurrency review process, the capacity of existing, in -the -ground facilities will be considered in all cases. Programmed facilities will be considered in assessing capacity for each public facility category when the following conditions are met: ➢ For sanitary sewer, potable water, solid waste and drainage facilities: 1. A development order or permit is issued subject to the condition that, at the time of the issuance of a certificate of occupancy or its functional equivalent, the necessary facilities and services are in place and available to serve the new development; or Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 42 173 Comprehensive Plan Capital Improvements Element 2. At the time the development order or permit is issued, the necessary facilities and services are guaranteed in an enforceable development agreement to be in place and available to serve new development at the time of the issuance of a certificate of occupancy or its functional equivalent. ➢ For parks and recreation facilities: 1. At the time the development order or permit is issued, the necessary facilities and services are in place or under actual construction; or 2. A development order or permit is issued subject to the condition that, at the time of the issuance of a certificate of occupancy or its functional equivalent, the acreage for the necessary facilities and services to serve the new development is dedicated or acquired by the local government, or funds in the amount of the developer's fair share are committed; and a. A development order or permit is issued subject to a condition that the necessary facilities and services needed to serve the new development are in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent; or b. At the time the development order or permit is issued, the necessary facilities and services are the subject of a binding executed agreement which requires the necessary facilities and services to serve the new development to be in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent; or c. At the time the development order or permit is issued, the necessary facilities and services are guaranteed in an enforceable development agreement, to be in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent. ➢ Transportation supply (capacity). Transportation supply shall be determined on a segment by segment basis. For concurrency purposes, all segments on the county's thoroughfare plan shall be considered. Capacity for segments will be based either on FDOT's generalized capacity tables or individual segment capacity studies approved by the public works director pursuant to the criteria specified in Chapter 952, Traffic. Transportation supply for each segment is: 1. The segment's existing peak hour, peak season, peak direction capacity; or 2. The segment's new roadway capacity if facility expansion for the segment is proposed and if. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 43 174 Comprehensive Plan Capital Improvements Element a. At the time a development order or permit is issued, the necessary facilities and services are in place or under construction; or b. A development order or permit is issued subject to a condition that the facility expansion needed to serve the new development is included in the county's adopted five-year schedule of capital improvements and is scheduled to be in place or under actual construction not more than three years after issuance of the project's first building permit or its functional equivalent. The schedule of capital improvements may recognize and include transportation projects included in the first three years of the adopted Florida Department of Transportation five year work program. In order to apply this provision to a facility expansion project, the Capital Improvements Element must include the following policies: i. The estimated date of commencement of actual construction and the estimated date of project completion. ii. A provision that a plan amendment is required to eliminate, defer, or delay construction of any road or mass transit facility or service which is needed to maintain the adopted level of service standard and which is listed in the five-year schedule of capital improvements (for Indian River County, this is included in Policy 1.2 of this Element); or 3. The segment's new roadway capacity if, at the time a development order or permit is issued, the facility is the subject of a binding executed agreement which requires the facility to be in place or under actual construction no more than three years after the issuance of the project's first building permit or its functional equivalent; or 4. The segment's new roadway capacity if, at the time a development order or permit is issued, the facility is guaranteed in an enforceable development agreement, to be in place or under actual construction not more than three years after issuance of a building permit or its functional equivalent. 5. The segment's new roadway capacity if facility expansion for the segment is the subject of a proportionate fair -share agreement. In such case, the segment capacity increase reflected in the proportionate fair share agreement shall be available only to the party or parties to the proportionate fair share agreement. ➢ For school facilities: A residential development order or permit shall be issued only if the needed capacity for the particular service area is available in one or more contiguous service areas. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 44 175 Comprehensive Plan Capital Improvements Element Regulation No development order shall be issued for any project where the project's demand in conjunction with existing demand and committed demand will exceed the capacity of a facility at the service level established in this plan. Level -of -service analysis will be undertaken during the review of each project for which development order approval is required. Monitoring System To effectively implement the concurrency requirement, it is necessary to maintain an estimate of available capacity for each public facility subj ect to level -of -service requirements. By maintaining an accurate and current available capacity estimate for each facility, projected demand from development applications can be compared to the available capacity for the facility to determine if the project can be approved. The purpose of the monitoring program is to maintain a current estimate of available capacity for each facility. With the exception of public schools, the monitoring system portion of the concurrency management plan is maintained by the county's planning division. Effective July 1, 2008, the School District initiated and now maintains the monitoring system portion of the concurrency management plan for public schools. Using a network computer system and database management software, records were developed and are maintained for each specific facility. Based upon information in the specific comprehensive plan elements, total capacity figures for each applicable facility are maintained in database files established for each public facility category. Capacity figures are modified as facilities are expanded or as criteria specified in the availability of capacity section are met, thereby allowing a programmed expansion to be considered for capacity determination purposes. Through contact with other county departments, planning staff are able to modify capacity estimates as soon as facility characteristics are changed. Table 6.17 depicts the general structure of the monitoring system database file for each public facility category. That table shows that available capacity for each specific facility is a function of total capacity less existing demand and less committed demand. The demand section of this concurrency management plan identifies the methodology for assessing demand. Table 6.17: Monitoring S stem Design Public Facility Specific Total Capacity Existing Demand Committed Demand Available Capacity Category Facilities Peak season/ peak Annual count (average) Volume estimated from (Total Capacity) - (Existing Traffic Roadways direction/ peak (peak—onlpeak approved Development Demand) - (Committed Demand) hour (LOS D) direction/peak hour) Orders (DO) Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 45 176 Comprehensive Plan Capital Improvements Element Table 6.17: Monitoring S stem Design Public Facility Specific Total Capacity Existing Demand Committed Demand Available Capacity Category Facilities Sanitary Sewer Treatment Design flows Existing flows Volume estimated from (Total Capacity) - (Existing Plants approved DO's Demand) - (Committed Demand) Potable Water Treatment Design flows Existing flows Volume estimated from (Total Capacity) - (Existing Plants approved DO's Demand) - (Committed Demand) Solid Waste Landfill Active cell design Active cell volume used Volume estimated from (Total Capacity) - (Existing capacity approved DO's Demand) - (Committed Demand) (Acres per thousand (Acres per thousand Recreation Parks Park Acreage population) X (existing population) X (projected (Total Capacity) - (Existing population) population for approved Demand) - (Committed Demand) DO's) Drainage Volume of stormwater Drainage Volume Existing flows allowed to outfall for (Total Capacity) - (Existing conveyances approved DO's Demand) - (Committed Demand) Public Permanent Student Annual Enrollment Students estimated from(Total Capacity) - (Existing Education Schools(K-12) Stations (FISH) Count (FTE) approved residential Development Orders) Demand) - (Committed Demand) necessary. Timing mually mually mually mually mually mually [going [nually tgoing [going ver County 46 177 Comprehensive Plan Capital Improvements Element The concurrency management plan monitoring system has applicability to more than just level -of - service measurement. It also provides the basis for assessing facility expansion needs and therefore capital improvements programming. By maintaining an accurate and up-to-date estimate of available capacity, the need for facility expansion can be recognized before all capacity is used. By incorporating the monitoring system into the capital improvements programming process, capital budgets can be prepared based on reliable information and valid estimates of need. Goal, Objectives and Policies Goal It is the goal of Indian River County to provide needed capital improvements through the use of sound fiscal decision making. Objectives and Policies Obiective 1: Construction of Capital Facilities By 2026, the county will have completed those capital improvements schedule projects that replace obsolete or worn-out facilities, eliminate existing deficiencies or accommodate desired future growth. Policy 1.1: The county shall maintain a five-year capital improvement program and pursuant to Section 163.3177(3)(b) F.S. evaluate and update that program every year to reflect existing and future public facility needs of the county. This capital improvement program will ensure that the plan is financially feasible and that the adopted level -of -service standards are achieved and maintained. Policy 1.2: The county and the School District shall undertake only those capital improvements included within this element's adopted capital improvements program. Pursuant to Section 163.3177(3)(b) F.S., the Capital Improvements Element will be reviewed every year. If any facility identified in the Schedule of Capital Improvements is delayed or deferred in construction, or is eliminated from the capital improvements program, and this delay, deferral, or elimination will cause the level -of -service to deteriorate below the adopted minimum level of service standard for the facility, a comprehensive plan amendment will be required to adjust the Schedule of Capital Improvements. The annual update of the capital improvement element shall be done with a single public hearing before the Board of County Commissioners and a copy of the ordinance amending the Capital Improvements Element shall be transmitted to DEO. Policy 1.3: The county shall evaluate and prioritize its capital improvement projects based on following criteria. These criteria are ranked in order of importance. ➢ Preservation of the health and safety of the public by eliminating public hazards; Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 47 178 Comprehensive Plan Capital Improvements Element ➢ Compliance with all mandates and prior commitments; ➢ Elimination of existing deficiencies; ➢ Maintenance of adopted level -of -service standards; ➢ Provision of infrastructure concurrent with the impact of new development; ➢ Protection of prior infrastructure investments; ➢ Consistency with the county plan and plans of other agencies; ➢ Accommodation of new development and redevelopment facility demands; ➢ Consistency with plans of state agencies and water management districts that provide public facilities within the local government's jurisdiction; ➢ Promotion of compact development by discouraging growth outside of urban service areas; ➢ Demonstration of linkages between projected growth and facility location; ➢ Utilization of the economies of scale and timing of other improvements; ➢ Reduction of operating costs; ➢ Adjustment for unseen opportunities, situations, and disasters. Policy 1.4: The county shall implement the policies of the Potable Water, Sanitary Sewer, and Solid Waste sub -elements of the Comprehensive Plan. Since these are enterprise account funded elements, capital expenditures identified in these elements shall be funded principally from revenues derived from the applicable systems. Policy 1.5: The county shall prioritize and implement the programs identified in the Transportation, Recreation and Open Space, Stormwater Management, Conservation, and Future Land Use Elements of the Comprehensive Plan. Policy 1.6: The county shall not eliminate or reallocate budgeted appropriations for road improvement projects required to meet the adopted level -of -service standards unless the applicable projects will be constructed by other means and remain concurrent with the county's Schedule of Capital Improvements. Policy 1.7: The county shall continue to allocate funds for the replacement and the renewal of infrastructure in an amount which will minimize the operating costs of the infrastructure and maximize the life of the infrastructure. Policy 1.8: The county shall manage its long-term general obligation debt in such a manner that the ratio of the debt service millage to the countywide operating millage does not exceed 20%. Policy 1.9: The county hereby defines a capital improvement as an improvement with a cost that exceeds $100,000. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 48 179 Comprehensive Plan Capital Improvements Element Policy 1.10: The Schedule of Capital Improvements shall contain a mix of capital expenditures, including projects to eliminate existing deficiencies, to upgrade and replace existing facilities, and to construct new facilities. Policy 1.11: The county shall maintain a procedure in its annual budget review requiring each county department to include in its annual budget request applicable expenditures as identified in the capital improvements program of the appropriate Comprehensive Plan Element as well as department's capital improvements. Policy 1.12: The county hereby adopts the 2021-2022 through 2025-2026 Indian River County School District Five -Year Facilities Work Plan. The Indian River County School District Five -Year Facilities Work Plan will be evaluated and updated annually to reflect existing and future public school facility needs of the county. This will ensure that the Indian River County School District Five -Year Facilities Work Plan is financially feasible and that the adopted level -of -service standard for public schools is achieved and maintained. Obiective 2: Development in Coastal High Hazard Areas Through 2030, development in coastal high hazard areas will not increase beyond the density or intensity levels indicated on the current Future Land Use Map. Policy 2.1: The coastal high hazard area is defined as the area of the county designated as evacuation zones for a category one hurricane. Policy 2.2: The county shall not increase land use density and intensity, in the coastal high hazard area, beyond that reflected in the county's current Future Land Use Map. Policy 2.3: The county shall make appropriations for infrastructure in coastal high hazard areas only to maintain the adopted level -of -service standards. Policy 2.4: The county shall ensure that the replacement of infrastructure in the coastal high hazard area will be limited to maintaining the adopted level -of -service standards. Policy 2.5: The county shall require that all developments and all single-family units in coastal high hazard areas fully pay the cost for required infrastructure improvements through impact fees, capacity charges, developer dedications, assessments, and contributions. Policy 2_6: The county shall not use public funds to subsidize increased density or intensity of urban development in coastal high hazard areas; however, public beach, shoreline access, resource restoration, or similar projects may be constructed. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 49 Comprehensive Plan Capital Improvements Element Objective 3: Maintenance of Established Level -of -Service Standards Through 2030, adopted levels -of -service will be maintained for all concurrency facilities. Policy 3.1: The county hereby adopts the concurrency management system as described within this element. The county shall maintain Land Development Regulation (LDR) Chapter 910, Concurrency Management System, which implements the plan's concurrency management system. In accordance with the concurrency management system of this plan and LDR Ch. 910, the county will not approve any development project where the impacts of such a project would lower the existing level -of -service on any facility below that facility's adopted minimum level -of -service standard. Policy 3.2: The county shall approve development only in accordance with the utility connection matrix identified in the Sanitary Sewer and Potable Water Sub -Elements. Policy 3.3: The county shall, concurrent with the impact of new development, provide the infrastructure necessary to maintain the levels -of -service identified in the various elements of the Comprehensive Plan. Where development is proposed and is consistent with all applicable regulations but one or more public facilities is/are operating at an inadequate service level, the applicant may at his expense make facility improvements to increase facility capacity when such improvements are consistent with county plans and receive county approval. Policy 3.4: The county shall make land use decisions based on the planned availability of facilities to maintain adopted level -of -service standards. Policy .5: The county hereby adopts Concurrency Management level -of -service standards for public facilities that are established in the other Comprehensive Plan Elements and which are stated below: ➢ Stormwater Mana eg ment: The county hereby adopts the following level -of -service standard for all new drainage systems within the unincorporated county: ➢ New development requiring major site plan approval or subdivision platting shall construct a complete drainage system to mitigate the impacts of a 25 year/24 hour design rainfall event using the soil conservation service type 2 modified rainfall curves. ➢ Post development runoff for any drainage basin shall not exceed pre -development runoff unless a maximum discharge rate has been adopted and the discharge does not exceed that rate. If a maximum discharge rate has not been adopted for a basin, post development discharge may not exceed pre -development discharge. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 50 181 Comprehensive Plan Capital Improvements Element By 2026, all existing roadways in the county shall be improved to meet the following level -of -service standards: ➢ Minimum road crown elevation for existing roads shall be raised during resurfacing/rebuilding to the flood elevation resulting from the 2 year/24 hour storm event on local streets. ➢ The center two lanes of rebuilt roads must be at or above flood levels resulting from a 10 year 24 hour storm event on Arterial and Collector roads. ➢ All drainage basins will meet the following level of service standard: 10-Year/24 Hour Storm Event The county hereby adopts the following water quality level -of -service standard: ➢ As a minimum, retention of the first one inch of rainfall is required prior to offsite discharge. An additional 50% treatment is required for all direct discharge into the Sebastian River and into the Indian River Lagoon due to its designation as an outstanding Florida water, as required by state lay. ➢ Potable Water The following level -of -service standard is adopted for the county's potable water facilities, and shall be utilized for determining the availability of facility capacity and demand generated by a development: ➢ Countywide level -of -service standard of 250 gallons per day per equivalent residential unit. ➢ Solid Waste The following level -of -service standard is adopted for solid waste facilities in the county, and shall be used as the basis for determining the availability of facility capacity and demand generated by a development: Countywide level -of -service standard of 2.2 tons or 3.67 cubic yards per capita for permanent plus weighted peak seasonal population per year. ➢ Sanitary Sewer The following level -of -service standard is adopted for the county's sanitary sewer facilities, and shall be utilized for determining the availability of facility capacity and demand generated by a development: ➢ Countywide level -of -service standard of 250 gallons per day per equivalent residential unit with a peak monthly flow factor of 1.25. Community Development Department Indian River County Adopted December _ 2021, Ordinance 2021-_ 51 182 Comprehensive Plan Capital Improvements Element ➢ Recreation & Open Space The county adopts the following recreation level -of -service standard: ➢ County wide level -of -service standard of 6.61 recreation acres/1,000 permanent plus weighted peak seasonal population. ➢ Transportation The county adopts traffic circulation level -of -service standards as follows: ➢ Level -of -Service "D" during peak hour, peak season, peak direction conditions, on all TRIP grant funded roads as well as all freeway, arterial, and collector roadways, with the exception of the following two, which will operate at level of service "E" plus 20%. 27`h Ave — South County Line to SR 60 43' Ave — Oslo Road to 16`h Street ➢ Level -of -Service "D" plus 20% during peak hour, peak season, peak direction conditions on the following roads until such time that a major capacity improvement, as specified below, is constructed. At such time that the major capacity improvement is constructed, the level of service for that road shall be "D" during peak hour, peak season, peak direction conditions. CR 510 — 66th Avenue to US Highway 1 (scheduled for widening) 37th Street — US Highway 1 to Indian River Boulevard (scheduled for widening or alternatively mitigated by extension of Aviation Boulevard from US 1 to 371h Street) During the time period before major capacity improvements are provided for these two roads, proposed major development projects approved by the planning and zoning commission or board of county commissioners that will impact either or both of the roads may, based on a traffic study approved by the Public Works Director, be approved with conditions related to provisions for interim roadway improvements that mitigate project impacts on one or both roads. For SIS/Florida Intrastate Highway System roadways, level of service "B" is adopted for rural areas, and level of service "C" is adopted for urban areas. Policy 3.6: The county hereby adopts level -of -service standards for selected public facilities as follows: Community Development Department Adopted December _ 2021, Ordinance 2021-. Indian River County 52 183 Comprehensive Plan Capital Improvements Element ➢ Correctional Facilities The county adopts the following correctional facilities level -of -service standard: ➢ County wide level -of -service standard of 4.5 beds/1,000 permanent plus weighted peak seasonal population ➢ Fire/EMS The county adopts the following Fire/EMS level -of -service standard: ➢ County wide (excluding Indian River Shores) level -of -service standard of .089 Stations per 1,000 permanent plus weighted peak seasonal population ➢ Law Enforcement The county adopts the following Law Enforcement level -of -service standard: ➢ Unincorporated County level -of -service standard of 2.09 officers per 1,000 permanent plus weighted peak seasonal population ➢ Libraries The county adopts the following Libraries level -of -service standards: ➢ County wide level -of -service standard of 580 building square feet per 1,000 permanent plus weighted peak seasonal population ➢ County wide level -of -service standard of 3,200 library material items per 1,000 permanent plus weighted peak seasonal population ➢ County wide level -of -service standard of 0.7 computers per 1,000 permanent plus weighted peak seasonal population ➢ County wide level -of -service standard of 0.2 other library equipment items per 1,000 permanent plus weighted peak seasonal population ➢ Public Buildings The county adopts the following Public Buildings level -of -service standard: ➢ County wide level -of -service standard of 1.99 building square feet per capita for permanent plus weighted peak seasonal population. ➢ Schools The county adopts the following Schools level -of -service standard: Schools (School Service Areas): Community Development Department Adopted December _ 2021, Ordinance 2021-, Indian River County 53 Comprehensive Plan Capital Improvements Element ➢ 100 percent of Florida Inventory of School Houses (FISH) capacity for each public school type (elementary, middle, and high). ➢ Transit The County adopts the following transit level -of -service standard: ➢ One-hour headways shall be maintained on all fixed transit routes. Objective 4: Future Development's Share of Capital Costs Through 2030, new developments will bear a proportionate share of the cost required to maintain adopted level -of -service standards. Policy 4.1: The county shall use impact fees, capacity charges, assessments, developer dedications and contributions, to pay for infrastructure improvements and services needed to satisfy future needs while maintaining adopted level -of -service standards. Policy 4.2: The county shall conduct research to identify new sources of revenue for funding capital improvement projects. Objective 5: Local Government's Ability to Provide Required Services and Facilities Through 2030, the county will ensure that it is able to fund and provide required services and facilities. Policy 5.1: The county shall not approve land use amendment requests unless those requests are consistent with the concurrency management system requirements of this element. Policy 5.2: In the event that the planned capacity of public facilities is insufficient to serve all applicants for development orders, the county shall schedule capital improvements to serve developments in the following order of priority: ➢ Single-family units in existing platted subdivisions or on existing legal, buildable parcels ➢ Affordable housing projects ➢ New development orders permitting redevelopment ➢ New development orders permitting new developments where the applicant funds the infrastructure expansion in exchange for future reimbursement ➢ New development orders permitting new developments without developer participation Policy 5.3: The county shall extend facilities and services to serve areas only within the existing Urban Service Area or as allowed by Policy 5.7 of the Potable Water Sub -Element and Policy 5.8 of the Sanitary Sewer Sub -Element of the Comprehensive Plan. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 54 185 Comprehensive Plan Capital Improvements Element Policy: The county shall coordinate with other local, state, and federal agencies as well as private entities to create an efficient capital improvements schedule that provides the following general benefits while minimizing the financial burden of providing facilities and services: ➢ Reduction of overall capital and operating expenditures by the development of multi -use facilities; ➢ More efficient land use patterns and phasing; ➢ Reduction of overlapping, duplicating, and administrative procedures; ➢ Implementation of adopted physical, social, and economic goals and policies in a least -cost manner; ➢ Better coordination of public capital investment with private capital expenditures. Policy 5.5: The county shall continue utilizing enterprise funds for the provision of Sanitary Sewer, Potable Water, and Solid Waste facilities. The debt for enterprise funds is to be paid by user fees, capacity charges, and other appropriate sources. Policy 5A The county shall finance the capital cost of non -enterprise fund supported public facilities (e.g., roads, stormwater management, and parks) from current revenue, bond issues, impact fees, capacity charges, assessments, and other appropriate sources. Polic�5.7: The county shall use general obligation bonds and other sources to raise the funding required to provide those public facilities that cannot be constructed with user fees, revenue bonds, impact fees, capacity charges, or other dedicated revenue sources. Policy 5.8: Developments, which require public facility infrastructure improvements that will be financed by county debt, shall have their development orders conditioned on the issuance of the county debt or the substitution of a comparable amount of non -debt revenue. Policy 5.9: Pursuant to state law, the Schedule of Capital Improvements may be adjusted by ordinance and not deemed to be an amendment to the Comprehensive Plan when the amendment relates to corrections, updates, or modifications concerning costs, revenue sources, acceptance of facilities pursuant to dedications which are consistent with the Comprehensive Plan, or the date of construction of any facility except transportation facilities enumerated in the Schedule of Capital Improvements. For transportation facilities, a delay in construction of a facility which causes the level -of -service of that facility to deteriorate below the adopted minimum level -of -service standard for the roadway will require a comprehensive plan amendment. Policy 5.10: The county shall ensure that all capital improvements identified in the various elements of the Comprehensive Plan are completed according to schedule. The only acceptable delays will be those which are subject to one of the following: ➢ Projects providing capacity equal to, or greater than, the delayed project are accelerated within or added to the Schedule of Capital Improvements; Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 55 :• Comprehensive Plan Capital Improvements Element ➢ Modification of development orders issued conditionally or subject to the concurrent availability of public facility capacity provided by the delayed project. Such modification shall restrict the allowable amount and schedule of development to that which can be served by the capacity of public facilities according to the revised schedule; or ➢ Amendment of the plan to reduce the adopted standard for the level -of -service for public facilities until the fiscal year in which the delayed project is scheduled to be completed. Implementation, Evaluation, and Monitoring Implementation An important part of any plan is its implementation. Implementation involves execution of the plan's policies. It involves taking actions and achieving results. For the Capital Improvements Element, implementation involves various activities. While some of these actions will be ongoing, others are activities that will be taken by certain points in time. For each policy in this element, table 6.20 identifies the type of action required, the responsible entity for taking the action, the timing, and whether or not the policy necessitates a capital expenditure. To implement the Capital Improvements Element, several different types of actions must be taken. These include: development of mechanisms for funding new facilities, adoption of land development regulations and ordinances, execution of interlocal agreements, coordination, and preparation of studies and evaluation and monitoring reports. Overall, the Capital Improvements Element implementation responsibility will rest with the Office of Management and Budget. Besides its responsibilities as identified in table 6.18, the planning department has the additional responsibility of ensuring that other entities discharge their responsibilities. This will entail notifying other applicable departments of capital expenditures to be included in their budgets, notifying other departments and groups of actions that must be taken, and assisting other departments and agencies in their plan implementation responsibilities. As part of the Capital Improvements Element, the county has developed a Concurrency Management Plan, which ensures the maintenance of the adopted level -of -service standards. Through the Concurrency Management Plan, the county will measure facility capacity, assess development demand, and maintain a Capital Improvements Program which ensures that the level -of -service standards are maintained. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 56 187 Comprehensive Plan Capital Improvements Element Table 6.19: Capital Improvement Element Implementation Matrix Policy Type of Action Responsibility Timing Capital Expenditure 1.1 Maintain the CIP OMB/PD Ongoing No 1.2 Follow the CIP PD Ongoing No 1.3 Prioritize capital improvement projects OMB/PD/SD Ongoing No 1.4 Implement recommendations Appropriate County Departments/SD Ongoing Yes 1.5 Prioritize and implement programs Appropriate County Departments/SD Ongoing Yes 1.6 Maintain previous commitments BCC/PWD/SD Ongoing No 1.7 Replacement and renewal of infrastructure Appropriate County Departments/SD Ongoing No 1.8 Budget Management OMB/SD Ongoing No 1.9 Define capital improvement PD/OMB Ongoing No 1.10 Capital Budget Management OMB/SD Ongoing No 1.11 Capital Improvements Management OMB/SD Ongoing No 1.12 School District Fiver -Year Facilities Work Plan SD Ongoing Yes 2.1 Define costal high hazard area DCA Ongoing No 2.2 Maintain density and intensity levels of current FLU Map PD Ongoing No 2.3 Budget management Appropriate County Departments Ongoing Yes 2.4 Maintain LOS standards Appropriate County Departments Ongoing Yes 2.5 Funding mechanisms BCC/Private Developers Ongoing No 2.6 Infrastructure replacement strategy Appropriate County Departments Ongoing No 3.1 Maintain concurrency management system PD Ongoing No 3.2 Follow connection matrix of Comprehensive Plan Sub- Elements Appropriate County Departments Ongoing No 3.3 Maintain adopted LOS standards PD Ongoing No 3.4 Land use decisions BCC Ongoing No 3.5 Adopt LOS standards BCC/SD/Appropriate County Departments Ongoing No 4.1 Impose regulations Appropriate County Departments Ongoing Yes Community Development Department Adopted December — 2021, Ordinance 2021 - Indian River County 57 IM Comprehensive Plan Capital Improvements Element Table 6.19: Capital Improvement Element Implementation Matrix Policy Type of Action Responsibility Timing Capital Expenditure 4.2 Conduct research OMB/PD Ongoing No 4.3 Work with municipalities BCC/SD/Other Local Ongoing No Governments in IRC 5.1 Approve land use changes only if infrastructure can BCC Ongoing No support land use change 5.3 Prioritize capital improvements BCC/SD/Appropriate Ongoing No County Departments 5.3 Extension of facilities and services BCC/Appropriate County Ongoing N o Departments Appropriate County 5.4 Create an efficient capital improvements schedule Departments/Other Ongoing No Government Agencies 5.5 Utilize enterprise funds OMB Ongoing N o 5.6 Finance non -enterprise fund supported projects OMB Ongoing N o 5.7 Fund the construction of public facilities OMB/SD Ongoing Yes 5.8 Permitting Requirements BCC/Appropriate County Ongoing No Departments 5.9 Amending the Schedule of Capital Improvements BCC/OMB/PD/SD Ongoing No 5.10 Complete We Schedule of Capital Improvements BCC/SD/Appropriate 2024 No County Departments S 1 1 Adopt a Priority Transportation Capital Improvements BCC/PWD/MPO Ongoing No Schedule BCC = Board of County Commissioners DCA = Department of Community Affairs FDOT = Florida Department of Transportation MPO = Metropolitan Planning Organization OMB = Office of Management and Budget PD = Planning Department PWD = Public Works Department SD = School District Evaluation and Monitoring Procedures To be effective, a plan must not only provide a means for implementation; it must also provide a mechanism for assessing the plan's effectiveness. Generally, a plan's effectiveness can be judged by the degree to which the plan's objectives have been met. Since objectives are structured, as much as possible, to be measurable and to have specific timeframes, the plan's objectives are the benchmarks used as a basis to evaluate the plan. Table 6.20 identifies each of the objectives of the Capital Improvements Element. It also identifies the measures to be used to evaluate progress in achieving these objectives. Most of these measures Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 58 189 Comprehensive Plan Capital Improvements Element are quantitative, such as adopting land development requirements, which ensure the maintenance of the level -of -service standards, adopting a capacity monitoring system and others. Besides the measures, table 6.20 also identifies timeframes associated with meeting the objectives. The Planning Department staff will be responsible for monitoring and evaluating the Capital Improvement Element. This will involve collection of data and compilation of information regarding facility capacity, expansion, and new development permitted. This will be done on a regular basis. As part of the county's Concurrency Management System, the Planning Department will continually monitor the facility capacity to ensure that level -of -service standards will be maintained Table 6.20: Capital Improvements Element Evaluation Matrix Objective Measure Timeframe 1 Existing deficiencies in county services and/or obsolete or worn-out facilities 2025 2 Land use density and intensity in Coastal Higb Hazard Area 2030 3 Level -of -service provided for county services 2030 4 Existence of appropriate Land Development Regulations 2030 5 Completion of the Schedule of Capital Improvements 2030 While monitoring will occur on a continual basis, formal evaluation of the Capital Improvements Element will occur annually. The formal evaluation and appraisal of the entire Comprehensive Plan will occur every ten years (dependent upon the schedule adopted by the Florida Department of Community Affairs). Besides assessing progress, the evaluation and appraisal process will also be used to determine whether the Capital Improvements Element objectives should be modified or expanded based on revisions to state statutes and changing conditions not identified and addressed as part of the annual CIE update. In this way, the monitoring and evaluation of the Capital Improvements Element will not only provide a means of determining the degree of success of the plan's implementation; it will also provide a mechanism for evaluating needed changes to the plan element not otherwise addressed in the yearly update of the Capital Improvements Element. As discussed in the above paragraphs, the evaluation and monitoring procedures identified for the Capital Improvements Element are basically the same for the entire Comprehensive Plan. These procedures have been used in the past to prepare the county's Evaluation and Appraisal Report and will be used by the county in subsequent Evaluation and Appraisal Reports. The monitoring and evaluation of this plan is critical to ensure that the policies are effective in achieving the plan's goals and objectives. Each individual element of the plan contains provisions and measures to be used in the review of the element. Each element contains an Implementation and Evaluation Matrix and monitoring procedures, which are currently being used to prepare the current Evaluation and Appraisal Report and will be used to prepare future Evaluation and Appraisal Reports. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 59 190 Comprehensive Plan Capital Improvements Element In addition, a great portion of the plan monitoring will be in conjunction with the concurrency management system which is designed to ensure that approved level -of -service standards are maintained and that sufficient capacity exists in the various services and facilities. Other evaluation of the plan or plan elements is likely to occur in the day to day application of the mandated regulations, which will result in plan amendments. The formal Evaluation and Appraisal Report required by law is currently providing and in subsequent versions will provide a complete review of the plan and be conducted in compliance with the public participation procedures adopted for the development of this plan. As part of the monitoring system, all appropriate baseline data is currently being updated and will be updated. Besides assessing progress, the evaluation and appraisal process is and will also be used to determine whether the objectives should be modified or expanded. In this way the monitoring and evaluation of the Comprehensive Plan Elements not only provides a means of determining the degree of success of the plan's implementation; it also provides a mechanism for evaluating needed changes to the plan element. C:\Users\jstoll\Desktop\CIE Update\2021\2020 CIE for Strikethrough.doc Community Development Department Adopted December 1` 2020, Ordinance 2020-018 Indian River County 60 191 L ,e Mr U a 115 _' ff :1 u Mv u c V w w H Y �I v C JI LU F F # o 4. b o o u o O N � t F Y u P Sr• �! Q 'O u: i . vi v row � l7 V U i r r•, c v .d M O� 7f � x ply O f!�Q 1 5 N C, W541 CL CC <N � CE ;; -CH • A o. Jill Jill U III I�I� Z K 4a L Ci Q g 'a n K o u- Z � T m a o b ti Iii m N l" o LU O CL '^ E a U x �o c U U "o m u o O �i Q u: . vi row l7 V U A A A r Indian River County 2030 Comprehensive Plan A . . Indian River County Community Development Department Supplement #; Adopted December _, 2021, Ordinance 2021 - Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 197 TABLE OF CONTENTS List of Figures "' Listof Tables................................................................................................................................... iv Introduction..................................................................................................................................... I ExistingConditions.......................................................................................................................... 2 FinancialResources...........................................................................................................................2 Expenditures....................................................................................................................................18 ExistingOutstanding Debt............................................................................................................... 21 Local Policies and Practices............................................................................................................. 22 Analysis.......................................................................................................................................... 25 Analysis of the Timing and Location of Capital Improvements.......................................................26 NeedsAssessment............................................................................................................................31 FiscalAssessment............................................................................................................................ 33 Fiscal Assessment Summary ............................................................................................................38 Concurrency Management Plan...................................................................................................... 39 ProjectApplicability........................................................................................................................39 ServiceStandards.............................................................................................................................39 Demand............................................................................................................................................ 41 Availabilityof Capacity...................................................................................................................42 Regulation........................................................................................................................................ 45 MonitoringSystem...........................................................................................................................45 Applicability..................................................................................................................................... 47 Goal, Objectives and Policies......................................................................................................... 47 Implementation, Evaluation, and Monitoring.................................................................................. 56 Implementation................................................................................................................................56 Evaluation and Monitoring Procedures............................................................................................58 APPENDIX A: Five Year Schedule of Capital Improvements............................................................ A APPENDIX B: 2040 Roadway Improvement Plan............................................................................. B APPENDIX C: School District of Indian River County Capital Improvements Schedule .................... C APPENDIX D: School District of Indian River County Summary of Estimated Revenue ................... D Community Development Department Adopted December _ 2021, Ordinance 2021 - ii Indian River County List of Figures fioEg Title Figure 6.1 Ad Valorem Taxes (Property Taxes) .......................... Figure 6.2 Enterprise Funds ........................................................ Figure 6.3 User Fees and Charges .............................................. Figure 6.4 Special Assessments................................................... Figure 6. S Impact Fees................................................................ Figure 6.6 Local Discretionary Sales Surtax .............................. Figure 6.7 Tourist Development Tax ........................................... Figure 6.8 Local Option Fuel Tax ............................................... Figure 6.9 Franchise Fee/Tax..................................................... Figure 6.10 Local Government Half -Cent Sales Tax .................. Figure 6.11 County Revenue Sharing .......................................... Figure 6.12 Constitutional Fuel Tax ........................................... Figure 613 County Fuel Tax Page ................................................... 3 ................................................... 3 ................................................... 4 ................................................... 4 ................................................... S ................................................... 6 ................................................................ Figure 6.14 Alcoholic Beverage License Tax ...................................... Figure 615 Mobile Home License Tax ................................................ Figure 6.17 General Government Expenditures by Function .............. Figure 6.18 Future Capital Improvements Expenditure ...................... Community Development Department Adopted December _ 2021, Ordinance 2021 - iii ........................................... 7 ........................................... 9 ......................................... 10 ......................................... 13 ......................................... 14 ......................................... 14 ......................................... 15 ......................................... 15 ......................................... 16 ......................................... 19 ..........................................33 Indian River County 199 List of Tables .................................................. Table Title Table 6.2: Optional Tourist Taxes on Transient Rental Facilities Table 6.3: Local Fuel Tax Rates ................................................... Page ..... 8 ............... 10 Table 6.4: Indian River County General Revenues By Source ......................................... Table 6.5: Indian River County General Government Expenditures By Function ........... Table 6.6: Indian River County Existing Long Term Debt ............................................... Table 6.7: Overall General Revenue Projection Summary .............................................. Table 6.8: Earmarked Projected Revenue by Comprehensive Plan Element ................ Table 6.10: Future Capital Improvement Expenditures for Indian River County &..... Table 6.11: Indian River County Overall General Expenditures Projection Summary Table 6.12: Projected Expenses for Water, Sewer, and Solid Waste .................................... Table 6.13: Indian River County Overall Operating Cost Projections ................................ Table 6.14: Indian River County Estimated Ability to Raise Bonds Without A Public Vote Table 6.15 Indian River County Bond Schedule Table 6.16: Service Level Measures for Concurrency Related Facilities ........ Table 6.17: Monitoring System Design............................................................ Table 6.18: Monitoring System Tasks............................................................... Table 6.19: Capital Improvement Element Implementation Matrix ................. Table 6.20: Capital Improvements Element Evaluation Matrix ....................... Community Development Department Adopted December _ 2021, Ordinance 2021 - iv Indian River County 200 Comprehensive Plan Capital Improvements Element Introduction The Capital Improvements Element (CIE) summarizes the needed capital facilities identified in the county's comprehensive plan and describes the financial means by which identified needed facilities are to be funded. The CIE also demonstrates the economic feasibility of the entire comprehensive plan and prioritizes the funding of all the public facilities identified in the county's comprehensive plan based on the level of need and the availability of funds. For purposes of this element, a capital improvement is a substantial facility (land, building, or major equipment) that costs at least $100,000 and which is required to maintain adopted level -of -service standards or to meet objectives identified in the county's comprehensive plan. Included in the CIE are an existing conditions section, an analysis section, a concurrency management section, a goals, objectives, and policies section, and an implementation section. While financial resources and existing local policies and practices are discussed in the existing conditions section, the fiscal condition of both the county and its comprehensive plan, as well as other issues concerning capital improvement projects, are assessed in the analysis section of this element. In the concurrency management section, the administrative framework for maintaining public facility service levels is addressed while the county's overall capital improvements strategy is discussed in the goals, objectives and policies section. Finally, a 5 -Year Schedule of Capital Improvements, as well as monitoring and evaluation programs, can be found in the implementation section of this element. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 1 201 Comprehensive Plan Capital Improvements Element Existing Conditions Financial Resources One of the chief functions of the Capital Improvements Element is to inventory the major sources of revenue available to the county. Those revenue sources determine the county's capability to fund needed capital improvements. Table 6.1 lists the county's local, state, and federal revenue sources and indicates the amount of revenue collected from each source during FY 2019/20. Table 6.1 also shows the percentage distribution of total revenue received by Indian River County for each of the revenue sources. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 2 202 Table 6.1: Indian River County Revenue Sources (FY 2019/20) Federal Sources State Sources Local Sources Amount % of Total Amount % of Total Amount % of Total ($1,000) Revenue ($1,000) Revenue ($1,000) Revenue Various Grants $5,929 2.08% Local Government Half -Cent Sales Tax 510,073 3.53% Ad Valorem Taxes $114,457 40.07% Total Federal $5,929 2.08% County Revenue Sharing $3,772 1.32% Enterprise Funds $57,915 20.27% Constitutional Fuel $1,701 0.60% User Fees and $17,376 6.08% Tax Charges $743 0.26% $508 0.18% County Fuel Tax Special Assessments Alcoholic Beverage License Tax $65 0.02% Impact Fees $7,501 2.63% Distribution of $447 0.16% $18,985 6.65% Sales and Use Local Discretionary Taxes to Counties Sales Surtax $105 0.04% $2,714 0.95% Mobile Home Tourist Development License Tax Tax $2,799 0.98% $3,413 1.19% Various Grants Local Option Fuel Tax Total State $19,711 6.90% Franchise Tax $9,005 3.15% $7,233 42.53% Interest Income $20,902 7.32% Other $260,009 91.02% Total Local $279,190 100.00% Total All Sources Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 2 202 Comprehensive Plan Capital Improvements Element Local Sources Local sources consist of revenues that are levied, collected and disbursed at the local level solely at the discretion of Indian River County. Those local sources are shown in table 6. 1, and are described in fiirther detail halmxr • Ad Valorem Taxes (Property Taxes) Ad Valorem taxes are taxes levied on the assessed value (net of any exemptions) of real and personal property. This tax is commonly referred to as "property tax." Ad valorem taxes are generally assessed in mills; that is, thousandths of a dollar of assessed value. The state mandated millage cap is 10 mills per local government, excluding voted millages. In FY 2019/20, Indian River County imposed an aggregate millage rate of 6.1192. According to County policy, ad valorem taxes may be used for both operating and capital project expenditures. Figure 6.1: Ad Valorem Tax Revenue by FY $140,000- $120,000- $tos,s47 $100,000 4sse,t� $90,,92 $8,714 $80,000 $76 $60,000 $40,000 $20,000 $0 14/15 15/16 16/17 17/18 18/19 19/20 ■ Revenue (n thousands) Source: Indian River County Finance Department Table 6.1 shows that, in FY 2019/20, Indian River County collected approximately $114,457 in ad valorem taxes. In FY 2019/20, ad valorem taxes represented 40.07% of all revenues collected by Indian River County. Figure 6.1 displays the ad valorem tax revenue collected by Indian River County over the last six fiscal years. As shown, ad valorem tax revenue has increased each year since FY 2014/15. The increase relates to a contin ..01 im rovin housin Y p g g and property market. • Enterprise Funds Within governmental entities, there are often various departments that provide goods and services to the public in a manner similar to the private sector. Such departments, classed under the general title "enterprise funds," must raise revenues from outside the government sector. Generally, enterprise departments assess a fee to the customer using the goods or services provided by that department. In Indian River County, Utility System, Solid Waste Disposal District, Golf Course, and Building Division are enterprise funds. Community Development Department Adopted December _ 2021, Ordinance 2021 - Figure 6.2: Enterprise Fund Reserve by FY $70,000 $60,000 $52,769 556,327 556.75, $57.915 $47,739 551.072 $50,000 $40,000 $30,000 $20,000 $10,000 $o 14/15 15116 16/17 17/18 18/19 19/20 MReeenue (h thousands) Source: Indian River County Finance Department Indian River County 3 203 Comprehensive Plan Capital Improvements Element Table 6.1 shows that enterprise fund revenue represented 20.27% of Indian River County's total funds for FY 2019/20. Figure 6.2 displays the enterprise fund revenue collected by Indian River County over the last six fiscal years. During that time period, enterprise fund revenue increased 21.32%. • User Fees and Charges User fees and charges represent revenue received by the county for providing various general services. Those fees and charges are necessary because taxes alone cannot totally keep up with the increasing costs of services. This category includes fees collected by the Tax Collector's Office, the Clerk of the Circuit Court, the Property Appraiser's Office, the Sheriff's Department, and the Recreation and Parks Department. This category also includes other miscellaneous user fees charged by the county for general services not financed by other fund sources. In FY 2019/20, user fees and charges represented 6.08% of all funds collected by Indian River County. Figure 6.3: User Fees and Charges by FY $19,000 - $18,500 $18,000 $17,500 $17,000 $16,500 $16,000 $15,500 $15,000 $14,500 $14,000 14/15 15/16 16/17 17/18 18/19 19/20 Source- lnd*anRverCount)iF*nanceDel2artment • Revenue (in thousands) i Figure 6.3 displays user fees and charges collected by Indian River County over the last six fiscal years. During that time period, revenue from user fees and charges varied, but overall decreased 6.37%. • Special Assessments Special assessments are compulsory payments levied on real property for specific benefits generated by public investments or services. By law, the assessment levied must fairly reflect the actual costs of the improvements. County revenues which fall under the general category of special assessments consist of street paving assessments, street lighting district assessments, as well as assessments for water, sewer, and drainage improvements. Expenditures of special assessment revenue are restricted toublic im rovement Figure 6.4: Special Assessments Revenue by FY $800 $�2e $700 $600 $536 $562 $546 $531 $508 $500 $400 $300 $200 $100 $- 14/15 15/16 16/17 17/18 18/19 19/20 0 Revenue (in thousands) Source: Indian River County Finance Department p p projects that directly benefit the property owner or payee. For example, street paving assessment revenues must be spent on paving streets that directly benefit the payer of the assessment. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 4 204 Figure 6.3 displays user fees and charges collected by Indian River County over the last six fiscal years. During that time period, revenue from user fees and charges varied, but overall decreased 6.37%. • Special Assessments Special assessments are compulsory payments levied on real property for specific benefits generated by public investments or services. By law, the assessment levied must fairly reflect the actual costs of the improvements. County revenues which fall under the general category of special assessments consist of street paving assessments, street lighting district assessments, as well as assessments for water, sewer, and drainage improvements. Expenditures of special assessment revenue are restricted toublic im rovement Figure 6.4: Special Assessments Revenue by FY $800 $�2e $700 $600 $536 $562 $546 $531 $508 $500 $400 $300 $200 $100 $- 14/15 15/16 16/17 17/18 18/19 19/20 0 Revenue (in thousands) Source: Indian River County Finance Department p p projects that directly benefit the property owner or payee. For example, street paving assessment revenues must be spent on paving streets that directly benefit the payer of the assessment. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 4 204 Comprehensive Plan Capital Improvements Element Special Assessment revenue represented 0.18% of county funds for FY 2019/20. Figure 6.4 displays the revenue collected by Indian River County through special assessments over the last six fiscal years. During that time period, revenue from special assessments decreased by 30.22%. Impact Fees An impact fee is a one-time charge, fee, or assessment levied as a condition of subdivision or site plan approval, building permit issuance, or other development or construction approval when the revenues collected are intended to fund the costs of capital improvements for public facilities. Since 1986, Indian River County has levied traffic impact fees on new development projects. In June of 2005, Indian River County began to levy 8 new impact fees. At the same time, the County increased the existing traffic impact fee rates. The nine impact fees include: transportation, fire/emergency services, parks and recreation, educational facilities, solid waste facilities, correctional facilities, law enforcement, libraries, and public buildings. On March 3, 2009, the Board of County Commissioners considered several alternatives to reduce impact fees for the purpose of stimulating economic development in the county. After discussion, the Board decided to suspend collection of five of the county's nine impact fees for six months. The five suspended impact fees were: emergency services, correctional facilities, public buildings, law enforcement, and solid waste. On September 22, 2009 and again on March 16, 2010, the Board of County Commissioners voted to further extend the suspension of the five impact fees. At its March 16, 2010 vote, the Board of County Commissioners extended the suspension of the five impact fees to March 31, 2011. On March 15, 2011 and again on March 13, 2012, the Board of County Commissioners re-evaluated the impact fee suspension and ultimately voted to continue suspending three of the five previously suspended impact fees. Those three fees were: public buildings, correctional facilities, and solid waste facilities. The March 13, 2012 vote of the Board of County Commissioners suspended the three fees until March 31, 2014. On March 11, 2014 the Board of County Commissioners voted to suspend the same three impact fees until March 31, 2015 or until the County could complete its most recent impact fee review and adopt a new impact fee schedule. By early April 2014 the County had completed the nonresidential portion of its impact fee review and on April 22, 2014 the Board of County Commissioners adopted a revised reduced nonresidential impact fee schedule with an effective date of May 5, 2014. The residential impact fee review was completed in September of 2014 and a revised residential impact Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 5 205 Figure 6.5: Impact Fee Revenue by FY $6,000 $7,245 $7,597 $7,501 $7,000 $6,262 $6,000s5,281 $5,704 $5,000 $4,000 $3,000 $2,000 $1,000 14/15 15/16 16/17 17/18 18/19 19/20 • Revenue (in thousands) Source: Indian River County Finance Department On March 3, 2009, the Board of County Commissioners considered several alternatives to reduce impact fees for the purpose of stimulating economic development in the county. After discussion, the Board decided to suspend collection of five of the county's nine impact fees for six months. The five suspended impact fees were: emergency services, correctional facilities, public buildings, law enforcement, and solid waste. On September 22, 2009 and again on March 16, 2010, the Board of County Commissioners voted to further extend the suspension of the five impact fees. At its March 16, 2010 vote, the Board of County Commissioners extended the suspension of the five impact fees to March 31, 2011. On March 15, 2011 and again on March 13, 2012, the Board of County Commissioners re-evaluated the impact fee suspension and ultimately voted to continue suspending three of the five previously suspended impact fees. Those three fees were: public buildings, correctional facilities, and solid waste facilities. The March 13, 2012 vote of the Board of County Commissioners suspended the three fees until March 31, 2014. On March 11, 2014 the Board of County Commissioners voted to suspend the same three impact fees until March 31, 2015 or until the County could complete its most recent impact fee review and adopt a new impact fee schedule. By early April 2014 the County had completed the nonresidential portion of its impact fee review and on April 22, 2014 the Board of County Commissioners adopted a revised reduced nonresidential impact fee schedule with an effective date of May 5, 2014. The residential impact fee review was completed in September of 2014 and a revised residential impact Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 5 205 Comprehensive Plan Capital Improvements Element fee schedule was adopted by the Board of County Commissioners on October 14, 2014 with an effective date of February 2, 2015. For both the nonresidential impact fee schedule and the residential impact fee schedule the Board of County Commissioners voted to not collect the correctional facilities, solid waste facilities, and libraries impact fees at this time. Figure 6.5 shows that more than seven million dollars of impact fee revenue was collected in FY 2018/19. This is nearly six and a half million dollars more than what was collected in FY 2010/11. Impact fee revenues decreased during the Great Recession, then gradually increased through FY 2015/16 and slightly decreased in FY 2016/17. During the past six years revenue from impact fees have increased 42.04%. Local Discretionary Sales Surtax Pursuant to s. 212.055, F.S, local governments are authorized to levy numerous types of local discretionary sales surtaxes. Under the provisions of s. 212.054, F.S., the local discretionary sales surtaxes apply to all transactions subject to the state tax imposed on sales, use, services, rentals, admissions, and other authorized transactions. The surtax is computed by multiplying the rate imposed by the county where the sale occurs by the amount of the taxable sale. This sales tax can be levied on most transactions under $5,000. According to state law, Indian River County is eligible to impose a Local Government Infrastructure Surtax of either 0.5% or 1.0%. Figure 6.6: Local Discretionary Sales Surtax by FY $19,500 5,9,26 518.985 $19,000 $18,708 $18,500 $18,000 $, 7.624 $17,500 $17,000 $16,859 $16,500 516,190 $16,000 $15,500 $15,000 $14,500 14/15 15/16 16117 17/18 18/19 19/20 ■ Revenue (in thousands) Source: Indian River County Finance Department Currently, Indian River County imposes the 1.0% Infrastructure Surtax. Procedurally, the Local Government Infrastructure Surtax must be enacted by a majority vote of the Board of County Commissioners and approved by voters in a countywide referendum. That surtax, which may be imposed for a maximum period of fifteen years, was imposed by Indian River County in April, 1989, and was renewed by voters in November, 2002 and again in November 2016. Generally, the proceeds must be expended to finance, plan, and construct infrastructure; to acquire land for public recreation or conservation or protection of natural resources; or to finance the closure of local government-owned solid waste landfills that are already closed or are required to close by order of the Department of Environmental Protection. Table 6.1 shows that local sales surtax revenue represented 6.65% of all funds collected by Indian River County in FY 2019/20. Figure 6.6 displays the Local Discretionary Sales Surtax revenue received by Indian River County over the last six fiscal years. This local revenue source increased by 17.26% over that period. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 6 206 Comprehensive Plan Capital Improvements Element Distribution of surtax proceeds is based on the specifics of an interlocal agreement or through a formula based on population. In Indian River County, Local Infrastructure Surtax revenue is distributed to county government and municipal governments through a formula based on population. Currently, twenty-five of the sixty-seven Florida counties levy a Local Government Infrastructure Surtax. Within Indian River County's region, Martin and St. Lucie counties do not levy the surtax. While Okeechobee County is eligible to levy the infrastructure surtax, it instead levies a Small County Surtax of I%. That is another local discretionary sales surtax. Tourist Development Tax Any county in the state may, subject to a vote of the citizenry, impose a Tourist Development Tax. The transient rental trade is the primary base for the levy of the tourist tax. Any lodging agreement for six months or less is subject to the tax. Generally, the tourist tax levy is one or two percent. Counties, however, may set an additional one percent above the original tax through an extraordinary vote of the governing board or by referendum. Further, if a professional sports franchise facility is located within a county, an additional one to two percent tourist tax may also Figure 6.7: Tourist Development Tax Revenue by FY $3,500 $3,o2s $3,osa $3,000 $2,818 $2,714 $2,500 $2,267 $2,433 1 E $2,000 $1,500 $1,000 $500 14/15 15/16 16/17 17/18 18/19 19/20 • Revenue (n thousands) Source: Indian River County Finance Department be levied. The first one percent professional sports franchise facility tax may be authorized by a majority vote of the governing board of the county, while the second one percent tax must be authorized by a majority plus one vote of the governing board of the county. Currently, Indian River County imposes the original two percent tourist tax, the additional one percent tax, and an additional one percent professional sports franchise facility tax. Out of Florida's sixty-seven counties, sixty-three currently levy a tourist tax. Of those sixty-three counties, fifty-three counties, including Indian River County, impose an additional one percent tourist tax; forty-four counties, including Indian River County, impose a one percent professional sports franchise tax, and thirty counties impose the second one percent professional sports franchise tax. Community Development Department Adopted December _ 2021, Ordinance 2021-. Indian River County 7 207 Comprehensive Plan Capital Improvements Element Table 6.2 displays the tourist taxes imposed in counties that are geographically proximate to Indian River County. Compared to neighboring counties, Indian River County imposes a similar level of tourist taxes. Palm Beach County has the highest tourist tax levy of the six counties listed (6.0%), followed by Brevard, St. Lucie, and Martin Counties at 5.0%. While Indian River County has a tourist tax rate of 4.00%, Okeechobee County has the lowest tourist tax levy at 3.0%. Table 6.2: Optional Tourist Taxes on Transient Rental Facilities Original Professional Additional Maximum Additional Sports Professional County Tourist Potential % Total % Levy Tax Franchise Sports Tax Le vy Facility Tax Franchise Tax Brevard 2.00% 1.00% 1.00% 1.00% 5.00% 5.00% Indian River 2.00% 1.00% 1.00% ---------- 5.00% 4.00% Martin 2.00% 1.00% 1.00% 1.00% 5.00% 5.00% Okeechobee 2.00% 1.00% ---------- ---------- 5.00% 3.00% Palm Beach 2.00% 1.00% 1.00% 1.00% 6.00%* 6.00%* St. Lucie 2.00% 1.00% 1.00% 1.00% 5.00% 5.00% Note: Shading indicates those counties eligible to impose a particular tax *Palm Beach County is 1 out of 9 counties in the state that can also impose a I% High Tourism Impact Tax, which it currently does levee. Source: The Florida Legislature's Office of Economic and Demographic Research website: November 2021 The Local Option Tourist Tax can be used for the following purposes: (1) Acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, and promote one or more publicly owned and operated convention centers, such as sports stadiums, coliseums, or auditoriums within the district that the tax is imposed; (2) Acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, and promote aquariums, or museums that are publicly owned and operated or owned and operated by a not-for-profit organization and open to the public, within the boundaries of the county or sub -county special taxing district in which the tax is levied; (3) Promote zoological parks that are publicly owned and operated or owned and operated by not-for-profit organizations and open to the public; Community Development Department Indian River County Adopted December _ 2021, Ordinance 2021-_ 8 W. Comprehensive Plan Capital Improvements Element (4) Promote and advertise tourism nationally, internationally, and in the State of Florida; (5) Fund convention bureaus and other tourist information bureaus as county agencies or by contract with the Chamber of Commerce or similar associations in the county; (6) Finance beach park facilities, or beach, channel, estuary, or lagoon improvement, maintenance, renourishment, restoration, and erosion control, including construction of beach groins and shoreline protection, enhancement, cleanup, or restoration or inland lakes and rivers to which there is public access as those uses relate to the physical preservation of the beach, shoreline, channel, estuary, lagoon, or inland lake or river; (7) Pledge the revenues to secure and liquidate revenue bonds issued by the county, subject to certain limitations. Figure 6.7 shows the Tourist Development Tax revenue received by Indian River County over the last six fiscal years. Since FY 2014/15, Tourist Development Tax revenue has increased 19.72%. ➢ Local Option Fuel Tax Local governments are authorized to levy up to twelve cents of local option fuel taxes in the form of three separate levies. Those levies are: ➢ a one to six cent local option fuel tax; ➢ a one to five cent local option fuel tax; and ➢ a ninth cent fuel tax. Indian River County currently imposes the full six cents of the one to six cent fuel tax. That tax applies to every net gallon of motor and diesel fuel sold within the county. The one to six cent fuel tax may be authorized by an ordinance adopted by a majority vote of the governing body or voter approval in a county -wide referendum. Generally, the proceeds may be used to fund transportation expenditures. Table 6.1 shows that the local option fuel tax revenue represented 1.19% of all funds collected by Indian River County for FY 2019/20. Figure 6.8 shows the local option fuel tax revenue received by Indian River County.tSince FY 2014/15 local option fuel tax revenue has decreased by 2.7%. All sixty-seven Florida counties levy the full $0.06 of the original local option fuel tax. Community Development Department Adopted December _ 2021, Ordinance 2021-, Indian River County 9 209 Figure 6.8: Local Option Fuel Tax Revenue by FY $3,900 $3,830 $3,800 $3,700 $3,651 $3,633 $3,600 $3,574 $3,soe $3,500 $3,413 $3,400 $3,300 $3,200 14/15 15/16 16/17 17/18 18/19 19/20 ■ Revenue (in thousands) Source: Indian River County Finance Department Indian River County currently imposes the full six cents of the one to six cent fuel tax. That tax applies to every net gallon of motor and diesel fuel sold within the county. The one to six cent fuel tax may be authorized by an ordinance adopted by a majority vote of the governing body or voter approval in a county -wide referendum. Generally, the proceeds may be used to fund transportation expenditures. Table 6.1 shows that the local option fuel tax revenue represented 1.19% of all funds collected by Indian River County for FY 2019/20. Figure 6.8 shows the local option fuel tax revenue received by Indian River County.tSince FY 2014/15 local option fuel tax revenue has decreased by 2.7%. All sixty-seven Florida counties levy the full $0.06 of the original local option fuel tax. Community Development Department Adopted December _ 2021, Ordinance 2021-, Indian River County 9 209 Comprehensive Plan Capital Improvements Element Table 6.3 identifies the local fuel taxes levied in Indian River County and in other counties in the region. As shown in Table 6.3, Saint Lucie, Martin, Okeechobee, and Palm Beach counties all levy the highest allowable fuel taxes at $0.12 per gallon. Those four counties impose both the Ninth Cent Fuel Tax and the One to Five Cent Local Option Fuel Tax. While Indian River County is eligible to levy the Ninth -Cent Fuel Tax and the One to Five Cent Local Option Fuel Tax either by extraordinary vote of the Board of County Commissioners or by voter approval in a countywide referendum, it does not currently levy either tax. At this time, fifty-four of the sixty-seven Florida counties levy the Ninth -Cent Fuel Tax, while thirty-six of the sixty-seven Florida counties impose at least a portion of the One to Five Cent Local Option Fuel Tax. Table 6.3: Local Fuel Tax Rates County One to Six Cent Local Option Fuel Tax One to Five Cent Local Option Fuel Tax Ninth Cent Fuel Tax Total Local Fuel Tax Brevard $0.06 -------- -------- $0.06 Indian River $0.06 -------- -------- $0.06 Martin $0.06 $0.05 $0.01 $0.12 Okeechobee $0.06 $0.05 $0.01 $0.12 Palm Beach $0.06 $0.05 $0.01 $0.12 St. Lucie $0.06 $0.05 $0.01 $0.12 .)ource: The Honda Legislature's Office of Economic and Demographic Research website: November 2021. 0 Franchise Fee/Tax Counties and municipalities may exercise their home rule authority to impose a fee upon a utility for the grant of a franchise and the privilege of the utility using the local government's rights-of-way to conduct the utility's business. Franchise fees are typically levied through a franchise agreement negotiated between the local government and the utility provider. Indian River County receives franchise revenue from electric, water, sewer, garbage, and cable television franchises. Community Development Department Adopted December _ 2021, Ordinance 2021 - Figure 6.9: Franchise Fee/Tax Revenue by Fl�� $9,500 y9,r48 $9,400 $9,300 $9,200 $9,100 $9,000 $6,900 $8,800 $8,700 14/15 15/16 16/17 17/18 18/19 19/20 E Revenue (in Mw"nds) Indian a I I Indian River County 10 210 Comprehensive Plan Capital Improvements Element Table 6.1 shows that franchise fee revenue represented 3.15% of all funds collected by Indian River County in FY 2019/20. Figure 6.9 shows that since FY 2014/15 franchise fee revenue collected by Indian River County decreased 1.92%. • Other Miscellaneous Revenue Included in this category are various administrative fees, licenses and permits, fines, interest income, rental income, private contributions, and other miscellaneous revenues. This source of revenue for Indian River County represented 7.32% of all funds collected in FY 2019/20. • Borrowing As needed, the county uses borrowing as a financing vehicle to raise money for public purposes that are beyond the realm of current cash reserves, operating revenue and reasonable taxation. Currently, borrowing money to pay for capital improvements can be done through either short-term or long-term financing. Short term financing is usually accomplished by the use of bond pools, notes, private placements with banks, and the public placement of Voted General Obligation debt. Long term financing is usually achieved through the issuance of bonds sold on the public market. According to state law, local governments may sell bonds for capital improvements without a referendum of the voters if the pledge used for the bond is a non -ad valorem revenue source. Conversely, any bond issue pledging ad valorem taxes requires approval through a voter referendum. General Obligation Bonds are bonds that are secured by the full faith and credit of the issuing government. Those bonds are secured by a pledge of the issuer's ad valorem taxing power. According to state law, the amount of ad valorem taxes necessary to pay the debt service on general obligation bonds is not subject to the constitutional property tax millage limits. Such bonds constitute debts of the issuer and require approval through a voter referendum prior to issuance. Revenue bonds are bonds payable from a specific source of revenue, where the full faith and credit of the issuer is not pledged to repay the bonds. Because revenue bonds are payable from identified sources of revenue, bond holders may not compel taxation or legislative appropriation of funds for payment of debt service. Pledged revenues may be derived from operation of financed projects, grants, or other specified non -ad valorem taxes. A public referendum is not required prior to issuance or validation of such obligations. In the past, the county has issued revenue bonds to finance improvements to its sanitary sewer, potable water, and golf course facilities. Also, revenue bonds have been issued to finance the cost of construction of various capital improvement projects. Deposits from bond revenues are put into the respective bond fund accounts for those projects, whereby funds are specifically designated for a particular project, and user charges are used to pay off the debt. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 11 211 Comprehensive Plan Capital Improvements Element Special assessment bonds are bonds issued to pay for capital improvements that impact specific areas or groups of property owners. Proceeds from the assessments levied against benefiting property owners are used to pay off the bond debt. The issuance of those bonds does not need to be approved by voter referendum. Revenue bonds and special assessment bonds are similar in nature, except that special assessment bond debt is paid -off by assessments levied against benefiting property owners and not from ongoing user charges. The county has issued special assessment bonds for solid waste disposal. The issuance of tax anticipation or bond anticipation notes is an example of a short-term (less than five years) method of financing. Notes usually have higher interest rates than bonds and have shorter maturity dates than bonds. Tax anticipation notes are issued in advance of a new fiscal year to cover gaps in the budget before property taxes are received, while bond anticipation notes are issued in anticipation of the receipt by the county of proceeds from the sale of corresponding future bond issues. The county currently has no outstanding tax or bond anticipation notes. Additional Optional Local Revenue Sources Occasionally, the use of additional revenue sources may be necessary, depending on priorities mandated by the Board of County Commissioners and the availability of existing revenue sources. In such cases, Indian River County has two options to increase local revenues. One is to implement new taxes that are permitted by state regulation, while the other is to increase existing taxes and fees that are imposed by the county. Additional local revenue sources available to Indian River County include the Ninth Cent Fuel Tax, the One to Five Cent Local Option Fuel Tax, and the Professional Sports Franchise Facility Tax. Both the Ninth Cent Fuel Tax and the One to Five Cent Local Option Fuel Tax are taxes on the purchase of fuel. With the Ninth Cent Fuel Tax, a one cent per gallon tax on motor fuel and special fuel can be levied on fuel purchases in the county. Revenue from the Ninth Cent Fuel Tax may be shared with municipalities, but counties are not required by law to share the proceeds. Authorized uses for revenue collected from the Ninth Cent Fuel Tax include paying the costs and expenses of establishing, operating, and maintaining a transportation system and related facilities. Additional uses include funding the acquisition, construction, reconstruction, and maintenance of roads. The One to Five Cent Local Option Fuel Tax is a one to five cents tax that can be levied upon every gallon of motor fuel sold in Indian River County. Revenues from that fuel tax must be shared among all eligible jurisdictions in the county as a result of an interlocal agreement or by an historical transportation expenditures formula. Authorized uses for revenue collected from the One to Five Cent Fuel Tax include transportation expenditures needed to meet the requirements of the Capital Improvements Element of the Comprehensive Plan. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 12 212 Comprehensive Plan Capital Improvements Element A Professional Sports Franchise Facility Tax is a levy of up to I% on any lodging agreement for six months or less. Revenue from this tax may be used to pay the debt service on bonds issued to finance the construction, reconstruction, or renovation of a professional sports franchise facility. State Sources Revenue classified as state sources may be generated locally but collected by the state and returned to the county. Table 6.1 displays the state revenue sources applicable to Indian River County. Those sources are described in further detail below. • Local Government Half -Cent Sales Tax The Local Government Half Cent Sales Tax Program allocates 8.9744% of net sales tax proceeds remitted by sales tax dealers in a county to a special account administered by the Department of Revenue; that account is the Local Government Half Cent Sales Tax Clearing Trust Fund. Those funds are then earmarked for distribution to the governing body of the county and each municipality within the county. Distribution of those monies within the county is determined by a formula that uses a weighting factor based on the population of the incorporated and unincorporated areas and multiplies that factor by 8.9744% of the sales tax proceeds received by the county. In FY 2019/20, Indian River Figure 6.10: Half Cent SalesTax $10,500 Revenue by FY $10,298 $10,073 $10,000 $9,905 11 $9,500 $9,432 $9,044 $9,000 i 685 $8,500 $8,000 $7,500 14/15 15/16 16/17 17/18 18/19 19/20 • Revenue (in thousands) Source: Indian River County Finance Department County received $10,073,000 through the half -cent sales tax. As shown in Table 6.1, that amount represented 3.53% of all funds collected by Indian River County during the 2019/20 fiscal year. Figure 6.10 displays the funds made available to Indian River County through the half -cent local government sales tax over the last six fiscal years. Overall, Indian River County's half -cent sales tax revenue increased between Fiscal Year 2014/15 and Fiscal Year 2019/20. Occasionally, governments can receive supplemental distributions by meeting special eligibility criteria; however, in no case can the total supplemental and ordinary distribution exceed the maximum per capita amount allowed by law. Governments are allowed wide latitude in using the half cent sales tax. For counties, the law provides only that half cent sales tax revenue be used for countywide tax relief or countywide programs. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 13 213 Comprehensive Plan Capital Improvements Element • County Revenue Sharing The current structure of the county revenue sharing program consists of two revenue sources. Those sources include 2.90% of net cigarette tax collections and 2.0810% of sales and use tax collections. Proceeds are collected by the state and then distributed to eligible counties based on an allocation formula. There are no use restrictions on the distributed revenue; however, there are some statutory limitations regarding those funds being used as a pledge for indebtedness. To receive distribution proceeds through the county revenue sharing program, counties must meet the following criteria: Figure 6.11: County Revenue Sharing by FY $4,500 $4,0,1 $4,000 $3,601 $3,797 $3,772 $3,500 $3,333 $3,431 $3,000 $2,500 $2,000 $1,500 $1,000 $500 $- 14/15 15/16 16/17 17/18 18/19 19/20 ■ Revenue (in thousands) Source: Indian River County Finance Deparment (1) Law enforcement officers and firefighters are certified and meet state requirements; (2) Certification of taxable value for a property tax levy is made in a timely and correct manner to the Department of Revenue; (3) The county's most recent financial reports must have been sent to the Department of Financial Services, and post audits of those statements and accounts must have been provided. Table 6.1 shows that county revenue sharing funds represented 1.32% of all funds collected by Indian River County in FY 2019/20. Figure 6.11 shows that, between Fiscal Year 2014/15 and 2019/20, Indian River Coun 's revenue from revenue sharin h' g gradually increased. • Constitutional Fuel Tax The constitutional fuel tax is defined as an excise or license tax of two cents per gallon of motor fuel, imposed upon the first sale or first removal from storage (after importation into Florida). Revenues from this levy become state funds at the time of collection by the refiner, importer or wholesaler. In its current form, the constitutional fuel tax is a state -shared revenue source for counties only. Community Development Department Adopted December _ 2021, Ordinance 2021 - FIGURE 6.12: Constitutional Fuel Tax Revenue by FY $1,950 $1,91 $1,900 $1,853 $1,850 $1,814 $1,800 $1,766 $1,750 $1,700 $1,674 $1,650 $1,600 $1,550 14/15 15/ 16 16/17 17/18 18119 19120 • Revenue (in thousands) Source: Indian River County Finance Department Indian River County 14 214 Comprehensive Plan Capital Improvements Element Applying a distribution formula, the state allocates proceeds to counties to the extent necessary to comply with all obligations to or for the benefit of holders of bonds, revenue certificates, and tax anticipation certificates or any refunds secured by any portion of the tax proceeds. After complying with the necessary debt service obligations, the state distributes a county's surplus funds to its governing body. Table 6.1 shows that revenue received from the constitutional fuel tax levy represented 0.60% of total revenue received by Indian River County in FY 2019/20. Figure 6.12 shows that, over the last six fiscal years, constitutional fuel tax revenue received by Indian River County increased by 1.97%. 0 County Fuel Tax The county fuel tax is levied on motor fuel at the rate of one cent per net gallon. The legislative intent of this tax is to reduce a county's reliance on ad valorem taxes. Funds received from this tax can be used by a county for transportation -related expenses, including the reduction of bond indebtedness incurred for transportation purposes. Table 6.1 shows that funds received through the county fuel tax levy represented 0.26% of all revenue collected by Indian River County in FY 2019/20. Figure 6.13 shows that, over the last six fiscal years, county fuel tax revenue received by Indian River County increased 0.68%, but decreased significantly from FY 2018/19 to FY 2019/20. • Alcoholic Beverage License Tax Alcoholic beverage license taxes are levied on manufacturers, distributors, vendors, and sales agencies of alcoholic beverages in Florida. The tax is administered, collected, enforced, and distributed to local governments by the Division of Alcoholic Beverages and Tobacco within the Department of Business and Professional Regulation. Twenty-four percent of the license taxes imposed on the sale of beer, wine and liquor collected Community Development Department Adopted December _ 2021, Ordinance 2021 - Figure 6.13: County Fuel Tax by FY $860 $840 $833 $820 $8t8 $802 $800 5783 $780 $760 $743 $738 $740 $720 $700 $680 14/15 15/16 16/17 17/18 18/19 19/20 • Revenue (in thousands) Source: Indian River County Finance Department Indian River County 15 215 Comprehensive Plan Capital Improvements Element within a county is returned to the county Tax Collector. The remaining funds are used to operate the division and contribute to the operation of the Office of the Secretary of Business Regulation. Table 6.1 shows that the county received approximately $65,000 from this tax in FY 2019/20, 0.02% of all revenue received by Indian River County. Figure 6.14 shows that, over the last six fiscal years, alcoholic beverage license tax revenue received by Indian River County fluctuated. Distribution of Sales and Use Taxes to Counties According to Florida Statutes, a guaranteed entitlement of $29,915,500 is equally distributed among Florida's sixty-seven counties, providing each county's general revenue fund with $446,500. Table 6.1 shows that revenue received from the Distribution of Sales and Use Taxes represented 0.16% of revenues received by Indian River County in FY 2019/20. Uses for this revenue are determined by the Board of County Commissioners. Mobile Home License Tax An annual license tax is levied on all mobile homes and park trailers, and on all travel trailers and fifth -wheel trailers exceeding thirty-five feet in body length. The license taxes, ranging from $20 to $80 depending on body length, are collected in lieu of ad valorem taxes. The taxes are collected b county tax collectors and Figure 6.15: Mobile Home License Tax $114 $113 Revenue by FY $112 $»o $110 $108 Sto7 $tos $106 $105 $104 $103 $102 $100 $98 14/15 15/16 16/17 17/18 18/19 19/20 • Revenue (in thousands) Source: I ndian River Cou my Finance Department y remitted to the Department of Highway Safety and Motor Vehicles. From each license, two deductions are made. The first is a deduction of $1.50 by the Department of Highway Safety and Motor Vehicles, with proceeds deposited into the State General Revenue Fund. The second is a deduction of $1.00, with proceeds deposited into the Florida Mobile Home Relocation Trust Fund. The remaining balance is deposited into the License Tax Collection Trust Fund for distribution to units of local government. A county government is eligible to receive proceeds from this tax if taxable mobile home units are located in its unincorporated area. An authorized use of the proceeds is not specified in the current law. Table 6.1 shows that funds received through the mobile home license tax represented 0.04% of all revenue received by Indian River County in FY 2019/20. Figure 6.15 shows that, mobile home license tax revenue received by Indian River County fluctuated between FY 2014/15 and FY 2019/20. Various Grants Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 16 216 Comprehensive Plan Capital Improvements Element Table 6.1 shows that funds received in the form of state grants represented 0.98% of funds received by the county in FY 2019/20. Those state grant funds received by the county originated from the Division of Emergency Management, the Florida Housing Finance Corporation, the Florida Department of State, the Florida Department of Environmental Protection, the Florida Department of Transportation, the Florida Department of Revenue, the Florida Department of Law Enforcement, the Florida Department of Economic Opportunity, and the Florida Department of Health. Federal Sources Federal funds are either granted directly to local governments or passed through state agencies for administration and monitoring. Those grants are usually distributed on a competitive basis rather than by formula allocations, thereby making forecasts of future revenues difficult. For the purpose of revenue forecasts, those sources will be assumed to remain constant. During FY 2018/19 the county received approximately $5,929,000 in federal funds. Those funds represented 2.08% of all funds received by Indian River County in FY 2019/20. Overall Revenue Sources As mandated by state statute, the financial resources of the county are categorized according to the state Chart of Accounts. The categories in the state Chart of Accounts are taxes, licenses and permits, intergovernmental revenue, charges for services, fines and forfeitures, and miscellaneous revenues. Table 6.4 identifies the total amount of historic revenue generated from those sources for fiscal years 2013/14 through 2018/19. Table 6.4: Indian River County General Revenues By Source Fiscal Year Licenses & Intergovernmental Charges for Fines & Miscellaneous Totals Taxes Permits Revenue Services Forfeitures Revenues 2014/2015 $100,182,672 $18,471,625 $33,624,651 $62,987,961 $924,860 $4,548,434 $220,740,203 2015/2016 $109,101,602 $19,872,044 $33,535,027 $62,868,855 $1,708,273 $10,591,490 $237,677,291 2016/2017 $115,774,419 $19,558,052 $31,587,431 $64,685,312 $1,680,464 $9,058,093 $242,343,771 2017/2018 $125,723,036 $22,425,960 $37,168,177 $67,769,381 $1,739,585 $17,885,999 $272,712,138 2018/2019 $132,706,277 $21,586,692 $33,137,945 $71,070,803 $2,177,709 $18,510,569 $279,189,995 2019/2020 141,010,151.0 0 1 21,463,368 33,940,616. 71,654,810. 1,413,528. 16,166,807 285,649,280 Source: Indian River County Comprehensive Annual Financial Report, 2018/19 & Indian River County Finance Department. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 17 217 Comprehensive Plan Capital Improvements Element Figure 6.16: Distribution of General Revenues By Category 2 % 2015 0.42 28.53 --_- - 8.37% 2018 8.2z/ �24.8V ..- — 6.56 0.64% 13.63% ■ Taxes ® Charges for Services 0, 2% 6 8.36% 26.45% 14.11% 4.46% ---� 2019 7.73% 6.63°°/. 25.46% 0.78% 11.87°/6 B Licenses & Permits ■ Fines & Forfeitures 3.74% 017 26.69X ---- 0.69°/. 13.03% 5.66% 2020 7.61 25.08 % 0.49% 11.88% ❑ Intergovernmental Revenue B Miscellaneous Revenues rigure 0.16 displays the distribution of revenue by the same categories listed in table 6.4 for each of the last six fiscal years. Expenditures In the previous sub -section, the various revenue and income sources currently utilized by Indian River County were reviewed. This sub -section of the Capital Improvements Element identifies how those monies are allocated to meet the County's needs. Table 6.5 presents the County's overall general expenditures by category for fiscal years 2014/15 through 2019/20. Table 6.5: Indian River County General Government Expenditures By Function and by FY Fiscal Year 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 General Government $23,569,495 $23,028,473 $29,456,693 $30,631,940 $28,825,668 30,964,357 Public Safety $74,492,323 $81,251,970 $89,841,802 $92,695,363 $94,683,976 $102,163,713 Physical Environment $48,474,272 $49,148,815 $55,578,221 $59,317,463 $65,665,032 $62,467,257 Transportation $29,812,672 $30,991,899 $29,314,242 $31,359,379 $31,224,861 $35,037,602 Economic Environment $436,320 $424,593 $437,031 $426,085 $469,565 $510,010 Human Services $7,519,756 $7,868,392 $8 116,910 $9 302,125 $9,511,279 $11,662,394 Culture/Recreation $19,857,345 $24,240,179 $15,891,840 $14,980,225 $21,638,673 26,222,358 Court Related $6,677,909 $6,605,682 $6,755,050 $6,540,045 $7,187,297 $6,536,101 Debt Service $5,446,070 $5,215,007 $5,230,520 $5,270,153 $6,179,835 $7,887,367 TOTAL $216,286,162 $228,775,010 $240,622,309 $250,522,778 $265,386,186 $283,451,1589 Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 18 218 Comprehensive Plan Capital Improvements Element Source: Indian River County Comprehensive Annual Financial Report 2018/19 Table 6.5 shows expenditures in nine categories. Depending on the county's activities in any given fiscal year, the level of expenditures may fluctuate for certain categories. Figure 6.17 displays the percentage distribution of Indian River County's general expenditures over the last six fiscal years. Figure 6.17: General Government Expenditures by Function .-2015 --- 22.4% 0.2% 3.5% 10.9% 2.5% 3.1% 9.2% 12.2% 2018 23.7% 2.1%' 2.6% 3.7% 0.2% ® General Govemment IN Transportation C3 Culture/ Recreation 2016 21.5% 10.1Y 13.5% 2.3°/ .9% 10.6% 3.4% 0.2% 2017 12.20/6 6.6% 2.2% 0 12.2% 0.2% ■ Public Safety ■ Economic Environment W Court Related ❑ Physical Environment ® Human Services Debt Service A major classification of services provided by Indian River County, the general government expenditure category, consists of activities undertaken by the legislative and administrative branches of the county government. Departments such as the Board of County Commissioners, County Administrator, Personnel, and Purchasing fall into this category, as do all Constitutional Officers, except the Sheriff. As shown in table 6.5, $30,964,357 was spent on general government services in FY 2019/20. Between fiscal years 2014/15 and 2019/20, general government expenditures increased by 31.37%. In FY 2019/20, general government services represented 10.92% of all county expenses. Public Safety The Sheriff's Department, Fire Services, Advanced Life Support, Emergency Management, and the Medical Examiner fall under the category of Public Safety. As shown in table 6.5, the county, in FY 2019/20, spent $102,163,713 for public safety services. Since FY 2014/15, public safety expenditures have increased by 37.15%. Public safety represented 36.04% of all county expenses in FY 2019/20. Community Development Department Adopted December _ 2021, Ordinance 2021-_ Indian River County 19 219 jO1�o Comprehensive Plan Capital Improvements Element Physical Environment The physical environment classification encompasses the county's water and waste water utilities, the Solid Waste Disposal District (SWDD), the Soil and Water Conservation District, and the Environmentally Sensitive Land Acquisition Fund. Table 6.5 shows that $62,467,257 was spent on these activities in FY 2019/20. Since FY 2014/15, physical environment expenditures have increased by 28.87%. Physical environment services represented 22.04% of all county expenses in FY 2019/20. Transportation Departments under the transportation category include Road and Bridge, County Engineering, Secondary Roads Construction, and Traffic Engineering. Those departments are responsible for designing, constructing, overseeing, and maintaining the county's roads and drainage systems. As shown in table 6.5, the county spent $35,037,602 on transportation facilities in FY 2019/20. Since FY 2014/15, transportation expenditures have increased by 17.53%. Transportation expenses represented 12.36% of all county expenses in FY 2019/20. Economic Environment Included in the economic environment category are the costs of providing services which develop and improve the economic condition of the community and its citizens. Up to June 30, 2011, Veteran Services, the Housing Authority, and the Economic Development Division of the Indian River County Chamber of Commerce primarily undertook that function. On July 1, 2011, the Housing Authority was officially separated from the County; consequently, its expenditures are no longer reported here. Table 6.5 shows that $510,010 was spent on economic environment services in FY 2019/20. Since FY 2014/15, economic environment expenditures have increased by 16.89%. Economic environment expenses represented 0.18% of all county expenses in FY2019/20. Higher expenses between FY 2011/12 and FY 2013/14 were the result of expenditure of Neighborhood Stabilization Program Community Development Block Grant funds, one time grants provided to lessen the negative effects of the economic downturn/recession and housing collapse. Human Services Human Services cover the cost of providing services for the care, treatment, and control of human illness, injury or disabilities, and for the welfare of the community as a whole and its individuals. The Health Department, Welfare, Medicaid, and Children's Services fall into this category. Table 6.5 shows that the County spent $11,662,394 on human services in FY 2019/20. Since FY 2014/15, human services expenditures have increased by 55.09%. Human Services represented 4.11% of all county expenses in FY 2019/20. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 20 220 Comprehensive Plan Capital Improvements Element Culture/Recreation All costs associated with providing and maintaining cultural and recreational facilities and activities for the benefit of citizens and visitors fit into this category. County libraries, parks, recreation operations, and the golf course are included here. As shown in table 6.5, the County spent $26,222,358 on those services in FY 2019/20. Since FY 2014/15, cultural/recreation expenditures have increased by 32.05%. Culture/recreation expenses represented 9.25% of all County expenses in FY 2019/20. Court Related All costs of operating the judicial branch of Indian River County Government are classified here. That category includes the County Court, Circuit Court, State Attorney's Office and Public Defender. As shown in table 6.5, expenditures from that category totaled $6,536,101 in FY 2019/20. Between fiscal years 2014/15 and 2019/20, Court Related expenditures decreased by 2.12%. Court Related costs represented 2.31 % of all county expenses in FY 2019/20. Debt Service Debt service consists of interest and payments made by the county on its debt. That figure includes principal retirement, interest and other miscellaneous debt service. As table 6.5 indicates, total County debt service expenditures were $7,887,367 in FY 2019/20. Since FY 2014/15, debt service expenditures have increased by 44.83%. Debt service expenses represented 2.78% of all County expenses in FY 2019/20. Existing Outstanding Debt At the end of FY 2020/21, Indian River County's outstanding debt, comprised of revenue bonds and general obligation bonds, stood at $4,634,000. That is shown in table 6.6. Currently, Enterprise Funds comprise 23.18% of the overall debt (Utility Dept), leaving $3,560,000 in bonds paid from general governmental funds. In November 2001, Indian River County issued the remaining $11,000,000 of the $26,000,000 Environmentally Sensitive Land Acquisition general obligation bonds originally approved by voters in 1992. Also in 2001, the County issued $16,810,000 in Spring Training Facility Bonds to finance the acquisition and expansion of the Dodgertown spring training facility (now known as Historic Dodgertown). In 2004, Indian River County voters approved the issuance of up to an additional $50,000,000 in Environmentally Sensitive Land Acquisition general obligation bonds. As a result, Indian River Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 21 221 Comprehensive Plan Capital Improvements Element County issued $48,600,000 in Environmentally Sensitive Land Acquisition general obligation bonds in 2006. While the county refinanced its 1996 Series Water and Sewer Bonds in 2005 and the majority of its 1993 Series A Water and Sewer Bonds in 2009, the County retained a portion of the 1993 Series A Water and Sewer Bonds with a maturity of 2011 because it was more cost efficient than rolling the entire amount into the 2009 Water and Sewer Bonds. That portion of the water and sewer bond has since been paid off. More recently, in 2015 the 2005 Series Water and Sewer Revenue Bonds and the 2006 Series Environmental Lands Acquisition Bonds were refinanced. Those bonds were refinanced to take advantage of better interest rates. In addition, the debt issuance for the 2009 series Water and Sewer Bonds were paid off and the Spring Training Facility bonds were partially paid off during fiscal year 2018/19, and the Environmental Lands Acquisition 2015 Series were paid off during fiscal year2019/20. This has substantially decreased the County's total bond debt. Table 6.6: Indian River County Existing Long Term Debt Amount Average Initial Amount Remaining Interest Rate Final Maturity Bond Rating Security Pledge ( RELO/2021 Water & Sewer Revenue Bonds: 2015 Series $7,171,000 $1,074,000 1.65% 2022 N/A Water & Sewer Revenues Recreation Revenue Bonds 2001 Series Spring Training Facility $16,810,000 $3,560,000 4.87% 2031 AAA/FGIC State Funds & Tourist Tax $4,634,000 Total Bonds Outstanding Source: Indian River County Budget 2021/22. Local Policies and Practices As part of the capital improvements planning process, it is important to do an inventory of current Indian River County policies and practices that guide the timing, location, expansion, or increase in capacity of capital facilities. Those policies and practices relate to the county's existing level -of - service standards, impact fee programs, comprehensive plan, and enterprise fund accounts. Existing Level -of -Service Standards Level -of -service (LOS) standards are indicators of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. Level -of -service standards indicate the capacity per unit of demand of each public facility. Level -of -service standards can affect the timing and location of development by guiding development to areas where facilities may have excess capacity. Indian River County has level -of -service standards for capital facilities as follows: Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 22 222 Comprehensive Plan Capital Improvements Element ➢ Correctional Facilities (Countywide) • 4.5 beds per 1,000 permanent plus weighted peak seasonal population ➢ Fire/EMS (Countywide, excluding Indian River Shores) • .089 Stations per 1,000 permanent plus weighted peak seasonal population ➢ Law Enforcement (Unincorporated County) • 2.09 officers per 1,000 permanent plus weighted peak seasonal population ➢ Libraries (Countywide) • 580 building square feet per 1,000 permanent plus weighted peak seasonal population • 3,200 library material items per 1,000 permanent plus weighted peak seasonal population • 0.7 computers per 1,000 permanent plus weighted peak seasonal population • 0.2 other library equipment items per 1,000 permanent plus weighted peak seasonal population ➢ Potable Water (County Service Area) • 250 gallons per day per equivalent residential unit ➢ Public Buildings (Countywide) • 1.99 building square feet per capita for permanent plus weighted peak seasonal population ➢ Parks/Recreation (Unincorporated County) • 6.61 acres per 1,000 permanent plus weighted peak seasonal population ➢ Sanitary Sewer (County Service Area) • 250 gallons per day per equivalent residential unit ➢ Schools (School Service Area): • 100 percent of Florida Inventory of School Houses (FISH) capacity for each public school type (elementary, middle, and high). ➢ Solid Waste (Countywide) • 2.2 tons per capita per year or 3.67 cubic yards per capita for permanent plus weighted peak seasonal population per year ➢ Stormwater Management • New drainage systems shall mitigate the impacts of a 25 year/24 hour design rainfall event • Minimum road crown elevation for existing roads shall be raised during resurfacing/rebuilding to the flood elevation resulting from the 2 year/24 hour storm event on local roads Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 23 223 Comprehensive Plan Capital Improvements Element The center two lanes of rebuilt roads must be at or above flood levels resulting from a 10 year/24 hour storm event on Arterial and Collector roads All drainage basins will meet the following level -of -service standards: • By 2000 - 2 year/24 hour storm event • By 2005 - 5 year/24 hour storm event • By 2010 - 10 year/24 hour storm event ➢ Transportation (Roadways) • Level -of -Service "D" during peak hour, peak season, and peak direction conditions on all TRIP grant funded roads as well as all freeway, arterial, and collector roadways, with the exception of the following two, which will operate at level of service "E" plus 20%: • 271 Ave — South County Line to SR 60 • 43' Ave - Oslo Road to 16' Street For SIS/Florida Intrastate Highway System roadways, level of service "B" is adopted for rural areas, and level of service "C" is adopted for urban areas. ➢ Transit • One-hour headways shall be maintained on all fixed transit routes Level -of -service standards are discussed in further detail in individual Comprehensive Plan Elements. Asset-based level of service standards for impact fee calculation purposes are provided in the Impact Fee Ordinance (Title X). Capital Improvements Program A capital improvements program (CIP) is a list of capital expenditures to be incurred each year over a fixed period of years to meet anticipated capital needs. In Indian River County, the CIP identifies the projects that the County plans to undertake in the next five years and presents an estimate of the costs and the resources needed to finance the projects. Revenue sources within the first year of the CIP reflect current fund balances as well as anticipated annual revenue collection. Within the first three years of the CIP, projects are funded entirely with "committed" revenue sources. "Committed" revenue sources are revenue sources that currently exist. Projects in years four and five of the CEP may be funded partially through "planned" revenue sources. "Planned" revenue sources are sources available to the County that have not been utilized. The Capital Improvements Element (CIE) itself consolidates the capital improvements needs of all elements of the Comprehensive Plan into an overall five-year Capital Improvements Schedule. The overall program lists the needs, costs, timeframes, priorities, and the necessary financial resources to implement the identified capital improvement projects in the various elements of the plan in the next five years. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 24 224 Comprehensive Plan Capital Improvements Element Impact Fees/Capacity Charges Impact fees are charges to developers for off-site improvements that must be provided by the local government to serve new development. That financing technique is one strategy that the County uses to implement the CIE. Currently, the County has nine impact fees in place; those are traffic impact fees, which became effective in 1986, and eight additional impact fees which became effective in June of 2005. Those eight impact fees are assessed for the following service delivery categories: solid waste, public schools, fire/ems, parks and recreation, correctional facilities, law enforcement, libraries, and public buildings. In 2009, the Board of County Commissioners (BCC) voted to suspend five of the nine impact fees for a period of six months. Their intent in doing so was to help encourage development during the economic recession. Since then, the BCC has voted several times to maintain the suspension of at least three of the impact fees. Most recently, the Board of County Commissioners completed a review of all impact fees, and on April 22, 2014 adopted a revised reduced nonresidential impact fee schedule with an effective date of May 5, 2014 and adopted a revised residential impact fee schedule on October 14, 2014 with an effective date of February 2, 2015. For the new impact fee schedule, the Board of County Commissioners voted to not collect the correctional facilities, solid waste facilities, and libraries impact fees at this time. In October 1999, the county's water and sewer impact fees were reclassified as capacity charges. A capacity charge is a fee charged to the direct beneficiaries of water and sewer improvements in order to fund the capital cost incurred by the water and wastewater utility to provide capacity to serve new utility customers. Enterprise Funds Enterprise funds are used to account for operations financed and operated in a manner similar to private businesses, when the intent of the governing body is that the full costs of providing the service to the general public on a continuing basis be financed or recovered primarily through user charges. Currently, the County operates its solid waste services, golf course facility, building division services, and utility services as enterprise funds. As a tool for affecting the timing and location of development, user charges may be designated to vary with the quantity and location of the service provided. Thus, charges could be greater for providing services further from urban areas and less for distances closer to urban areas. In this way, user charges could affect the economics of development locating further away from urban areas. Analysis The analysis section of this element assesses the County's historic and projected revenue and expenditure patterns to determine the County's fiscal ability to provide adequate capital Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 25 225 Comprehensive Plan Capital Improvements Element improvements. Those capital improvements have been identified in other comprehensive plan elements and are needed to meet the demands of existing and future development. As part of this analysis, revenue and expenditure projections are identified and analyzed, and a fiscal assessment of needs (costs) versus projected available revenue is included. Analysis of the Timing and Location of Capital Improvements Objectives and policies from the Future Land Use Element, Potable Water Sub -Element, Sanitary Sewer Sub -Element, Recreation and Open Space Element, Public School Facilities Element, and the Transportation Element, as well as policies followed by the Sheriff's office and County departments such as Emergency Management, Corrections, Libraries, and Solid Waste, have the most direct effect on the timing and location of capital improvements. Through planning for future improvements to the transportation system, the Transportation Element directly affects the development potential of property. Also affecting the development potential of property are the water and sewer connection requirements and the availability of parks, and public school capacity. Within the Future Land Use Element (FLUE), the assignment of land use density and intensity, as well as the urban service area regulations, affect the timing and location of capital improvements. Consistent with the FLUE and urban service area requirements in the County's comprehensive plan, the County provides public facilities and services to promote compact development by emphasizing infill development in urban areas and maximizing the efficiency of existing facilities and services in underutilized areas. The FLUE also limits urban sprawl and ensures that adequate facilities will be present to accommodate future growth. Maximizing the use of existing facilities and controlling urban sprawl will contribute to a cost-effective and efficient service delivery system. Using the County's official Future Land Use Map and Future Thoroughfare Plan Map, as well as the County's water and wastewater connection matrix, in planning for future locations of facilities provides for efficient and orderly expansion of public facilities, provides for efficient growth in desired areas, discourages growth in undesirable areas, and protects environmentally sensitive lands. Consistent with that policy, development orders are issued only after a determination is made that adequate public facilities and services will be available to meet the demand of new development. Overall, the objectives of the FLUE, Transportation Element, Parks and Recreation Element, Potable Water Sub -Element, Sanitary Sewer Sub -Element, and the Public School Facilities Element are furthered by the extension of facilities and services in a logical and efficient manner. That is accomplished by implementing the adopted Capital Improvements Element and its corresponding Schedule of Capital Improvements. Successful and efficient implementation of those items ensures that facilities and services will be in place concurrent with future demand. Community Development Department Adopted December _ 2021, Ordinance 2021-_ Indian River County 26 226 Comprehensive Plan Capital Improvements Element If a capital improvements project is not included in the adopted Schedule of Capital Improvements and the improvement is required to maintain adopted level -of -service standards, future development will be prohibited until the necessary facilities are in place. That, in effect, indirectly controls the timing and location of future development and, in turn, furthers the implementation of the Future Land Use Element and Transportation Element objectives. Appendix A constitutes the County's five year schedule of capital improvements. The purpose of the CIP is to ensure that improvements to existing facilities and construction of new facilities are completed as needed. By implementing the five year schedule of capital improvements, the county will ensure that appropriate areas will be served by needed facilities, thus maintaining adopted levels of service. Besides implementing the components of this element, the County coordinates with the St. Johns River Water Management District (SJRWMD) and the various state agencies, such as the Florida Department of Transportation, when those agencies program facility or service improvements within Indian River County. The continuation of that coordination will ensure that the plans of state agencies and the SJRWMD will be consistent with the Comprehensive Plan and the timing and location of capital improvements as identified in the CIE. Forecasted Revenues In order to develop a financially feasible schedule of capital improvements, projected revenues over the five-year CIP time period are calculated. Those revenues are then compared to anticipated expenditures on capital improvements. For the first three years of the plan, only committed and available revenue sources are utilized. In developing revenue estimates for that process, the County considers historic revenue trends, current and anticipated economic conditions, population and growth trends, legislative changes, and any other factors that may impact future revenue streams. That analysis is far more complex than projecting prior trends into the future. That is evident in the forecasted revenues shown in this section. Since the start of the decline of the housing boom and throughout the economic recession that followed, there was a gradual decrease in most of the County's revenue sources. Forecasts show for all CIP revenue sources except "Other Sources", an increase in total revenue through FY 2025/26, of 10.38%. The "Other Sources" category included revenue sources such as grants that can vary year to year. Many of the revenue sources identified in the CIP have unique characteristics. For example, sales taxes react differently than gas taxes to similar circumstances. The analysis accounts for such differences. Because gas taxes are levied on a per gallon basis rather than a price percentage basis like the sales tax, gas taxes do not increase as a result of rising prices the way that sales taxes do. Further, gas taxes do not typically decline as significantly as sales taxes during economic slowdowns. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 27 227 Comprehensive Plan Capital Improvements Element For property taxes, impact fees, user fees, interest earnings, and other revenues, additional behavioral characteristics were considered in forecasting future receipts. All such forecasts were developed with the use of professionally accepted methodologies. To ensure a financially balanced CIP (see Appendix A), scheduled expenditures were constrained by projected revenues. As part of this capital improvements element, the County's general revenues were forecasted for fiscal _years 2021/22 through 2025/26. This section addresses general revenues and earmarked projected revenues as well as the county's tax base and millage rate projections. Overall Forecasted Revenues Table 6.7 summarizes the County's forecasted revenue for fiscal years 2021/22 through 2025/26. Those revenues include the County's general governmental funds, enterprise funds, and internal funds. As table 6.7 shows, general revenue collected by the County is forecast to decrease from fiscal year 2021/22 to fiscal year 2025/26 with revenues from "Other Sources" such as grants decreasing. Projecting a decrease in grant funding due to uncertainty of future grants is a conservative approach. Actual grant funding maybe greater than projected. Table 6.7: Overall General Revenue Projection Summary FY 2021/2022 2022/23 2023/24 2024/25 2025/26 TOTAL Taxes $153,547,289 $157,386,000 $161,321,000 $165,354,000 $169,488,000 $807,096,289 Permits, Fees & Special Assess. $38,403,681 $39,364,000 $40,348,000 $41,357,000 $42,391,000 $201,863,681 Intergovern- ment $40,945,895 $41,970,000 $43,019,000 $44,094,000 $45,196,000 $215,224,895 Charges for Services $92,273,381 $94,580,000 $96,945,000 $99,369,000 $101,853,000 $485,020,381 Judgements, Fines & Forfeitures $443,450 $455,000 $466,000 $478,000 $490,000 $2,332,450 Interest & Misc. $14,325,533 $14,684,000 $15,051,000 $15,427,000 $15,813,000 $75,300,533 Other Sources $182,684,204 $111,326,704 $89,742,486 $67,768,946 $35,547,127 $487,069,467 TOTAL $522,623,433 $459,765,704 5446,892,486 $433,847,946 $410,778,127 $2,273,907,696 Source: Indian River County Office of Management and Budget. Earmarked Projected Revenues Earmarked revenues are revenues that are restricted in terms of use. Such revenues may be found in the Transportation Element, Sanitary Sewer Sub -Element, Potable Water Sub -Element, and Solid Waste Sub -Element. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 28 228 Comprehensive Plan Capital Improvements Element Table 6.8 provides a summary of earmarked revenue forecasts by applicable comprehensive plan element for fiscal years 2021/22 through 2025/26. As shown in table 6.8, forecasted transportation revenues are broken down by their sources. Earmarked forecasted transportation revenues are expected to increase by 4.85% over the next five fiscal years, from $31,541,633 in FY 2021/22 to $33,071,887 in FY 2025/26. For potable water and sanitary sewer, earmarked revenue is expected to increase by 10.38% over the next five fiscal years, from $47,598,479 in FY 2021/22 to $52,539,000 in FY 2025/26. Over the next five years, earmarked revenue for solid waste is expected to increase by 10.38% from $19,375,997 in FY 2021/22 to $21,388,000 in FY 2025/26. Table 6.8: Earmarked Projected Revenue by Comprehensive Plan Element Transportation Potable Constitution County Traffic 1 cent Interest on Fiscal Year Water & Sanitary Solid Waste Opttionion * as Tax al Gas Tax Gas Tax Impact Fee optional Gas Tax Total Sewer sales tax 2021/22 $3,240,000 $1,690,133 $733,500 $5,750,000 $20,100,000 $28,000 $31,541,633 $47,598,479 $19,375,997 2022/23 $3,078,000 $1,690,000 $744,000 $5,895,000 $20,502,000 $28,000 $31,897,000 $48,788000 $19,890,000 2023/24 $2,924,100 $1,690,000 $734,000 $5,982,000 $20,912,040 $28,000 $32,270,140 $50,008,000 $20,357,000 2024/25 $2,777,895 $1,690,000 $734,000 $6,102,000 $21,330,281 $28,000 $32,662,176 $51,258,000 $20,866,000 2025/26 $2,639,000 1 $1,690,000 1 $734,000 $6,224,000 $21,756,886 $28,000 $33,071,887 $52,539,000 $21,388,000 Source: Indian River County Office of Management and Budget. • Tax Base, Assessment Ratio, Millage Rate Table 6.9 summarizes the county's tax base forecasts which are categorized by fund through FY 2025/26. Overall, the countywide ad valorem tax base is the same as the general fund category identified in table 6.9. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 29 229 Comprehensive Plan Capital Improvements Element Table 6.9: Indian River County Tax Base and Millage Projections Fiscal Year General Fund M.S.T.U. Emergency Services District Tax Base Millage Tax Base Millage Tax Base Millage 2021/22 $20,577,735,527 3.5475 $11,392,230,024 1.1506 $16,948,332,872 2.3531 2022/23 $21,195,067,593 3.5475 $11,733,996,925 1.1506 $17,456,782,858 2.3531 2023/24 $21,830,919,621 3.5475 $12,086,016,833 1.1506 $17,980,486,344 2.3531 2024/25 $22,485,847,210 $23,160,422,626 3.5475 3.5475 $12,448,597,338 $12,822,055,258 1.1506 1.1506 $18,519,900,934 $19,075,497,962 2.3531 2.3531 2025/26 Source: Indian River County Office of Management and Budget. As shown in table 6.9, the county has a Municipal Service Taxing Unit (MSTU) and an emergency services district, each with a separate millage. Chanizes to the Capital Improvements Prosram Overall, County revenue sources except "Other Sources" are expected to increase at a total rate of 10.38% from 2021/22 through Fiscal Year 2025/26 and all County revenue sources except for Judgements, Fines & Forfeitures are projected to be above what was previously forecasted in the prior year's Capital Improvements Program. With respect to the "Other Sources" funds, the decreasing yearly amount is due to uncertainty in grant funds, as that funding source is dependent on a number of factors including but not limited to economic conditions, and the competitiveness of grant applications. With this year's update, some projects have had their timeframes extended and some have had their funding sources changed as priorities have shifted, and projects previously underfunded have been designated to receive additional projected funding from sources that have become available. This includes projected increased revenue from assessments and user fees, gas taxes, various impact fees, and developer funded construction projects due to projected increased development activity and continually improving market conditions. While some project time frames have been extended, none of the extensions will impact development project concurrency reservations. By extending the timeframe of transportation projects, the County can utilize its limited resources to complete priority concurrency related projects within the overall capital improvements program. In effect, the County needs to delay some projects so that other projects will remain fundable and so that additional priority projects maybe funded. By funding necessary projects and other priority projects, and by extending the time frames for other projects, the County is maintaining a fmancially feasible capital improvements element. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 30 230 Comprehensive Plan Capital Improvements Element As allowed by state law, the County can consider the additional capacity to be produced by those anticipated nearer term roadway improvement projects as being available now for concurrency purposes. As such, a development project impacting a deficient link can proceed despite the deficient link, where a roadway improvement project for the deficient link will be under construction no later than three years after issuance of the first building permit for the development project. Needs Assessment' Based on public facility requirements identified in the other comprehensive plan elements, this needs assessment identifies the capital improvements required to provide sufficient infrastructure to meet proposed levels of service for existing and new development. For purposes of the CIE, a capital improvement is a substantial facility (land, building or major equipment) that costs at least $100,000 and may be paid for in phases. Table 6.10 identifies capital improvement needs through fiscal year 2025/26 for coastal management, conservation & aquifer recharge, emergency services, general services, law enforcement & corrections, recreation and open space, stormwater management, sanitary sewer and potable water, solid waste, transportation, and public schools. Appendix A provides a detailed list of projects associated with each of the comprehensive plan elements as well as those projects associated with individual department capital improvements programs. Not included in Appendix A are projects associated with the Public School Facilities Element. Those projects are found in Appendix C. Detailed capital improvement schedules, which list each improvement project, are provided in each applicable Comprehensive Plan Element or within individual master plans for the respective governmental service. Table 6.10: Future Capital Improvement Expenditures for Indian River County & Indian River County School District Element or Category 2021/22 2022/23 2023/24 2024/25 2025/26 Total Coastal Management $18,957,842 $11,500,000 $0 $0 $0 $30,457,842 Conservation & Aquifer Recharge $4,879,906 $1,550,000 $1,700,000 $3,250,000 $2,425,000 $13,804,906 Emergency Services $9,153,635 $4,345,000 $4,975,000 $5,150,000 $5,800,000 $29,423,635 General Services/Facilities Management $14,673,744 $8,010,000 $4,425,000 $2,475,000 $275,000 $29,858,744 Law Enforcement & Corrections $3,610,894 $5,155,000 $0 $0 $0 $8,765,894 Recreation & Open Space $5,679,853 $5,390,000 $3,800,000 $3,000,000 $300,000 $18,169,853 Sanitary Sewer & Potable Water $26,344,407 $20,859,496 $24,433,863 $21,910,000 $4,823,733 $98,371,499 Solid Waste $7,200,000 $950,000 1 $9,800,000 $0 $0 $17,950,000 Stormwater Management $14,388,000 $500,000 1 $1,700,000 $1,700,000 $6,250,000 $24,538,000 Community Development Department Adopted December _ 2021, Ordinance 2021 Indian River County 31 231 Comprehensive Plan Capital Improvements Element Table 6.10: Future Capital Improvement Expenditures for Indian River County & Indian River County School District Element or Category 2021/22 2022/23 2023/24 2024/25 2025/26 Total Transportation $67,001,066 $47,185,458 $37,846,873 $21,232,196 $11,704,394 $184,969,987 Total $269,553,947 $103,694,954 $88,680,736 $58,717,196 $31328127 $456,310,360 rftbliTSchoolFacllitles* $14,280,588 $23,953,870 $16,822,859 $18,133,051 $21,177,733 $95,273,322 *The School District of Indian River County has the fiscal responsibility for capital improvement expenditures for public school facilities. Figure 6.18 graphically displays the forecasted capital improvements expenditures for the County during the next five fiscal years. As indicated, the sum of the total projected costs for each of the elements for the five year period is $456,310,360. Some public facilities, such as public education and health systems, are provided countywide, but are not the fiscal responsibility of the County. The County, however, is required by state statutes to provide some funds to the Indian River County Health Department (IRCHD). Consistent with state law, the Secretary of the Florida Department of Health appoints the administrator of the IRCHD with the concurrence of the Board of County Commissioners. The IRCHD maintains its financial records, and prepares its own financial report separate from the county. In the Public School Facilities Element of the County's comprehensive plan, there is an analysis and description of public schools. Based on general locational criteria for public schools, it is assumed that any new facilities which may be constructed in the County by 2025/26 will be located within existing infrastructure service areas or designated expansion areas. Therefore, those systems may be considered to be adequately served by appropriate infrastructure. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 32 232 Comprehensive Plan Capital Improvements Element $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 $0 Figure 6.18: Future Capital Improvement Expenditures FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 ■Coastal Management [a Conservation and Aquifer Recharge E3 Emergency Services ■Facilities Management © Law Enforcement ■ Parks and Recreation ■Sanitary Sewer & Potable Water 0Solid Waste OStormwater Management _ _ ❑Transportation Source: Indian River County Office of Management and Budget. Fiscal Assessment This section examines the County's ability to fund the capital improvements listed in table 6. 10, with the exception of public school facilities, and assesses whether sufficient revenue will be available within the existing budget framework utilized by the County to fund the needed improvements at the time that those improvements will be required. This assessment process consists of forecasting future revenue receipts and comparing those receipts to anticipated expenditures. With this process, it is possible to quantify annual revenue surpluses and shortfalls, providing a basis for examining opportunities for financing needed capital improvements. The expenditure estimates include operating costs. For the public school facilities listed in table 6. 10, the School District of Indian River County is responsible for funding the capital improvements. The School District's adopted "Summary of Capital Improvements Program" (Appendix C) and "Summary of Estimated Revenue" (Appendix D) provide a detailed review of the financial feasibility of the School District's Five Year Capital Plan. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 33 233 Comprehensive Plan Capital Improvements Element Proiected Expenditures Table 6.11 shows the County's projected expenditures for fiscal years 2021/2022 through 2025/2026. By fiscal year 2025/26, the County is forecasted to have annual expenditures totaling $407,167,793. In FY 2024/25, the category projected to have the largest expenditures is the Public Safety category with $116,518,000 in expenditures. For the five-year period beginning in fiscal year 2020/21 and ending in fiscal year 2024/25, the County's expenditures are forecast to decrease by 1.35%. Table 6.11: Indian River County Overall General Expenditures Projection Summary FY 2021/22 2022/23 2023/24 2024/25 2025/26 General Gov't. Services $81,585,579 $76,595,000 $74,725,000 $74,533,000 $74,134,000 Public Safety $124,051,164 $123,569,000 $121,896,000 $124,994,000 $128,640,000 Physical Environment $125,080,782 $97,934,496 $113,560,863 $104,685,000 $93,269,733 Transportation $85,422,144 $66,067,458 $57,200,873 $41,070,196 $32,038,394 Economic Environment $508,327 $521,000 $534,000 $547,000 $561,000 Human Services $11,221,478 $11,502,000 $11,790,000 $12,085,000 $12,387,000 Culture/Recreation $45,351,797 $38,122,000 $25,563,000 $25,307,000 $23,165,000 Debt Service $483,000 $482,750 $486,750 $484,750 $487,000 Other $48,919,162 $44,972,000 $41,136,000 $50,142,000 $46,096,000 TOTAL $522,623,433 $459,765,704 $446,892,486 $433,847,946 $410,778,127 Source: Indian River County Office of Management and Budget. Earmarked Projected Expenditures Table 6.12 identifies the projected expenditures for the water, sewer, and solid waste enterprise funds for fiscal years 2021/22 through 2025/26. Those expenditures include operating expenses and other expenses for each year. According to law, all revenues from capacity charges must be spent on infrastructure improvements that benefit the payer of the capacity charge. Therefore, capacity charge revenue and expenditure amounts increase and decrease with development. For that reason, forecasting capacity charge revenues and expenditures is difficult. That system, however, ensures that new development will not reduce levels of service below County minimums. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 34 234 Comprehensive Plan Capital Improvements Element Table 6.12: Projected Expenses for Water, Sewer, and Solid Waste Fiscal Year Potable Water & Sanitary Sewer Solid Waste 2021/22 $73,942,886 $26,575,997 2022/23 $69,647,496 $20,810,000 2023/24 $74,441,863 $30,157,000 2024/25 $73,168,000 $20,866,000 2025/26 $57,362,733 $21,388,000 Source: Indian River County Office of Management and Budget. Table 6.12 shows that, in FY 2025/26, the forecast expenses for potable water and sanitary sewer services are expected to be $57,362,733. That is an decrease of 22.42% from the FY 2021/22 forecast expenses of $73,942,886. Table 6.12 also shows that, in FY 2025/26, the projected expenses for solid waste services are expected to be $21,388,000. That is a decrease of 19.52% from the FY 2021/22 projected figure of $26,575,997. Operating Cost Proiections Table 6.13 provides forecasts of overall operating costs for the County for fiscal years 2021/22 through 2025/26. In fiscal year 2025/26, the County is forecast to incur approximately $333,104,000 in operating costs. Based on the figures shown in Table 6.13, the county's operating costs are forecast to increase 10.36% between 2021/22 and 2025x'26. Table 6.13: Indian River ountv Overall Operating Cost Projections Fiscal Year Total Operating Costs 2021/22 $301,814,924 2022/23 $309,348,750 2023/24 $317,075,750 2024/25 $324,988,750 2025/26 $333,104,000 Source: Indian River County Office of Management and Budget Proiected Debt Capacity Debt Financing is one way that the county has provided for its capital facility needs. The primary rationale for providing capital facilities through indebtedness is that it spreads the cost of a facility over its useful life and thus is paid for by those who will use the facility. Table 6.14 identifies the amount of revenue that the County can raise by issuing revenue bonds. Those bonds can be issued without a public vote. That table identifies the County's bonding capacity for 10, 20, and 30 years. As table 6.14 indicates, the County's available bonding capacity for a 10 year issue is $233,400,000 while its bonding capacity for a 30 year issue is $585,800,000. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 35 235 Comprehensive Plan Capital Improvements Element Table 6.14: Indian River ounty Estimated Abili to Raise Bonds Without A Public Vote Pledge Sources Ten Years (Bond Interest Rate @ 1.40%) Twenty Years (Bond Interest Rate (A 1.80% Thirty Years (Bond Interest Rate @ 2.0% Half Cent Sales Tax $107,100,000 $200,600,000 $276,800,000 Gas Taxes $55,400,000 $101,900,000 $139,700,000 Tourist Tax $22,900,000 $42,100,000 $57,800,000 County Revenue Program First Guaranteed Entitlement $2,000,000 $3,600,000 $4,900,000 County Revenue Program Second Guaranteed Entitlement $4,100,000 $7,500,000 $10,200,000 Sub -Total $191,500,000 $355,700,000 $489,400,000 Possible Pledge Sources Franchise Fees $42,800,000 $78,700,000 $107,900,000 Road Impact Fees $41,100,000 $75,500,000 $103,600,000 Sub -Total $83,900,000 $154,200,000 $211,500,000 TOTAL 7—$275,400,000 $509,900,000 $700,900,000 *Rates are comparable tern AAA rated municipal bond yields as of 9122/2021. Source: Indian River County Office of Management and Budget. Debt Service Obligations In table 6.15, the County's debt service obligations for current and anticipated bond issues are summarized. Debt service is payment of principal and interest on obligations resulting from the issuance of bonds. As table 6.15 indicates, the County's major anticipated outstanding debts are for water and sewer revenue bonds, and spring training facility revenue bonds. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 36 236 Comprehensive Plan Capital Improvements Element Table 6.15 Indian River CountyBond Schedule FY Ending Water & Sewer Revenue Refunding Bonds Spring Training Facility Revenue Bonds 2015 Series 1.65% $7,171,000 2001 Series 4.87% $16,810,000 2021 Interest $35,178 $194,013 Principal $1,058,000 $305,000 Total $1,093,178 $499013 Balance $1,074,000 $3,560,000 2022 Interest $17,721 $178,000 Princi al $1,074,000 $305,000 Total $1,091,721 $483,000 Balance $0 $3,255,000 2023 Interest $162,750 Principal $320,000 Total $482,750 Balance $2,935,000 2024 Interest $146,750 Principal $340,000 Total $486,750 Balance $2,595,000 2025 Interest $129,750 Principal $355,000 Total $484,750 Balance $2,240,000 2026 Interest $112,000 Principal $375,000 Total $487,000 Balance $1,865,000 2027 Interest $93,250 Princi al $390,000 Total $483,250 Balance $1,475,000 2028 Interest $73,750 Principal $410,000 Total $483,750 Balance $1,065,000 2029 Interest $53,250 Principal $430,000 Total $483,250 Balance $635,000 2030 Interest $31,750 Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 37 237 Comprehensive Plan Capital Improvements Element Table 6.15 Indian River CountyBond Schedule FY Ending Water & Sewer Revenue Refunding Bonds Spring Training Facility Revenue Bonds 2015 Series 1.65% $7,171,000 2001 Series 4.87% $16,810,000 Principal $455,000 Total $486,750 Balance $180,000 2031 Interest $9,000 Principal $180,000 Total $189,000 Balance $0 Source: Indian River County Office of Management and Budget. Fiscal Assessment Summary This section provides an analysis of the County's revenues and expenditures for its capital improvement needs for the five-year period beginning in FY 2021/22 and ending in FY 2025;26. While Appendix A details all of the capital improvement projects for the next five fiscal years for each individual comprehensive plan element by cost, timeframe, and revenue source(s), Table 6.7 provides general revenue projections for the County through fiscal year 2025/26. As shown in Table 6.7, the County will generate $2,273,907,696 in revenues from general funds, enterprise funds, and internal funds from fiscal year 2021/22 to fiscal year 2025/26. Sources of those funds include sales taxes, property taxes, grants, impact fees, and other revenues. The funding needed for the capital improvements listed within Appendix A will come from that $2,273,907,696. Overall, the County will have enough revenue to cover the costs associated with the five year capital improvements program. For all projects contained within the County's Capital Improvements project list, the total estimated cost is $456,310,360 for the next five fiscal years. This is 20.06% of the overall general fund revenues for the same time period. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 38 238 Comprehensive Plan Capital Improvements Element Concurrency Management Plan To ensure that level -of -service standards are maintained, it is necessary to have a system in place that provides the criteria for measuring facility capacity, assessing development demand on applicable facilities, and monitoring service levels for applicable facilities. That system will set the parameters for issuing development orders consistent with level -of -service standards. While this concurrency management plan sets policies and establishes a process, the specific application of this system is through the County's land development regulations. As per state requirements, those regulations define the details of the concurrency management system and establish its administrative requirements. The major purpose of the concurrency management system is to detail the specifics of implementing the County's level -of -service standards. For that reason, the concurrency management system must apply to all development activity in the County. The system must then identify the applicable standards for each facility, the geographic scope of each facility, and the method of monitoring facility capacity changes. Most importantly, this system must specify when facilities are considered available. Project Applicability All development orders issued by the County and identified below must comply with the concurrency management plan and meet level -of -service standards. Development orders are County approvals for construction and/or land development activity. Specifically, development orders consist of the following: comprehensive plan amendments, rezonings, site plan approvals, preliminary plat approvals, development of regional impact (DRI) approvals, planned development preliminary approvals, and building permit approvals for multi—family projects. Within Indian River County, the impact from the construction of a single family home on an existing subdivision platted lot or legally created single-family parcel will constitute a de minimus impact on public facilities and thus be exempt from the concurrency requirement. Concurrency traffic impacts for single-family homes will be accounted for through tracking single-family trips and an annual traffic count update of the County's Concurrency Management System. Single — family trips tracked through this accounting system will be considered in development project traffic studies. Service Standards Level -of -service standards for concurrency related facilities are established in this plan for the following facilities: sanitary sewer, potable water, solid waste, stormwater management, recreation, public schools, and transportation. Those are explained in detail in the applicable comprehensive plan elements. For each facility, level -of -service is a measure of the relationship between demand for the service and the capacity of the facility. Capacity, however, is measured differently for each type of facility. Table Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 39 239 Comprehensive Plan Capital Improvements Element 6.16 identifies both the capacity and demand measures for each public facility. Those measures are addressed in detail, and existing capacities are identified in the applicable Comprehensive Plan Elements. Table 6.16: Service Level Measures for Concurrency Related Facilities Public Facility Category Specific Facility Capacity Measure Demand Measure Geographic Scope Transportation Roadway Volume of cars Peak Season/Peak Affected Roadways accommodated over time Direction/Peak Hour Trips Sanitary Sewer Treatment Plant Treatment design capacity Generation Rate (GPD) Service Area Potable Water Treatment Plant Treatment design capacity Generation Rate (GPD) Service Area Solid Waste Landfill Volume in active cell (cubic Generation Rate (tons per Entire County yards) capita per year) Recreation Parks Acres of park land Acres of parks per thousand Entire County population Stormwater Management Drainage Volume of water Volume of stormwater Basin conveyances outfalling for design storm Education* Public Schools (K- Number of students Enrolled Students/ Future Service Area 12) accommodated over time Student Generation *Limited to participating Schools owned and operated by the Indian River County School District Concurrency requires that each facility within the geographic scope of a proposed project's impact area have sufficient capacity to accommodate the project's demand. If that capacity is not available, the project cannot be approved. The principal function of the concurrency management system then is to provide a mechanism whereby demand and capacity measures can be compared on a project by project basis. Table 6.16 provides the criteria for establishing a demand to capacity comparison for a proposed project. While most of the characteristics are self-explanatory, one needs clarification; that is the geographic scope for the traffic public facility category. For concurrency purposes, affected roadways are those roadways impacted by a project's traffic. Regardless of size, all projects impact the roadway on which the project fronts. In addition, other roadways further removed from the project may be impacted. For concurrency purposes, two lane roadways which are assigned 8 or more peak hour/peak season/peak direction project trips and four or more lane roadways that are assigned 15 or more peak hour/peak season/peak direction project trips are considered impacted roadways. For transportation concurrency related facilities, level -of -service standards are applied to all impacted roadways. Those level -of -service standards range from A to F and are associated with peak hour/peak season/peak direction trips. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 40 240 Comprehensive Plan Capital Improvements Element Demand Demand is an important component of the concurrency management system. Essentially, demand is a measure of facility use. When compared to facility capacity, demand can indicate the level -of -service for the facility. As depicted in Table 6.16, demand can be measured quantitatively for each public facility category. While the demand function for each facility consists of applying a rate to the number of facility users, estimation of total demand is more complex. For concurrency management purposes, demand can be divided into three types: existing, committed, and projected. Each must be considered separately for purposes of concurrency management. Existing Demand Existing demand is simply the current level of use for a facility. For a roadway, it is the number of peak hour/peak season/peak direction trips; for a school, it is the number of full-time enrolled students; for water and wastewater treatment plants, it is the existing flow volume measured in gallons per day. Those figures are included within applicable plan elements. Existing demand then reflects the use of a facility by the current population. When compared to capacity, existing demand can show if the facility has unused capacity or if it is functioning over capacity. Existing demand, however, is not static. As population increases and dwelling units come on-line, existing demand increases. Those increases in existing demand can be identified through facility use measurements. For example, regular traffic counts done on roads or treatment plant flow records are examples of facility use measurements indicating existing demand levels. As existing demand levels for facilities are updated, committed demand levels must be reduced if projects representing committed demand have come on-line. Committed Demand Committed demand is a measure of the impact that approved development projects with reserved capacity will have on facilities. When added to existing demand for a facility, the committed demand for that facility will produce a more accurate estimate of unused capacity. That estimate of unused capacity represents the amount of capacity that can realistically be allocated to new projects. Committed demand must be determined by identifying all projects for which capacity has been reserved through issuance of initial concurrency certificates which are still valid. Then the specific facilities that will be impacted by those projects with reserved capacities must be determined; those facilities will be roadways and the landfill, and they may be treatment plants, drainage conveyances, Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 41 241 Comprehensive Plan Capital Improvements Element and recreation facilities. Finally, the total demand on each facility attributable to committed demand will be determined. Applicable elements of the plan identify the rates to be applied to each project to determine facility demand. Traffic volumes, for example, can be derived by applying a trip rate to the size of the project. Sanitary sewer and potable water both have rates of 250 gallons per day per equivalent residential unit. Other public facility rates are discussed fully in their applicable Comprehensive Plan Element. Like existing demand, committed demand must be determined on a facility by facility basis. For example, both existing demand and committed demand must be determined for each major roadway, each school, each treatment plant, each major drainage conveyance, and the active cell in the landfill. Also, like existing demand, committed demand estimates must be modified as projects are completed; committed demand estimates must also be modified as new development orders are approved and old development orders are terminated. Proiected Demand The third type of demand is projected demand. This consists of two types. One is non- committed/non-reserved, single-family lot demand for all subdivisions, while the other is new project demand. Non-committed/non-reserved single-family lot projected demand to the facility impacts associated with construction on individual single-family lots in platted subdivisions and construction on legally established individual single-family unplatted lots and acreage will constitute a de minimus impact on public facilities and thus be exempt from concurrency review. Single-family home traffic impacts will be accounted for through tracking single-family trips for use in development project traffic studies and annual traffic count updates. The second type of projected demand is new project demand. For each new project, demand estimates must be made on a facility by facility basis. Only if sufficient available capacity exists for each facility to be impacted can the project be approved and a development order issued. Upon issuance of a development order, the estimated impacts on each facility would be considered as committed demand. Availability of Capacity Facility capacity can be assessed two different ways. First, facility capacity can be determined by facilities that are existing and available; examples would be existing treatment plants and existing roadways with a set number of lanes. The second manner for assessing facility capacity is to consider both existing, in -the -ground facilities as well as facility expansions or new facilities which are programmed but not yet existing. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 42 242 Comprehensive Plan Capital Improvements Element As part of the concurrency review process, the capacity of existing, in -the -ground facilities will be considered in all cases. Programmed facilities will be considered in assessing capacity for each public facility category when the following conditions are met: ➢ For sanitary sewer, potable water, solid waste and drainage facilities: 1. A development order or permit is issued subject to the condition that, at the time of the issuance of a certificate of occupancy or its functional equivalent, the necessary facilities and services are in place and available to serve the new development; or 2. At the time the development order or permit is issued, the necessary facilities and services are guaranteed in an enforceable development agreement to be in place and available to serve new development at the time of the issuance of a certificate of occupancy or its functional equivalent. ➢ For parks and recreation facilities: 1. At the time the development order or permit is issued, the necessary facilities and services are in place or under actual construction; or 2. A development order or permit is issued subject to the condition that, at the time of the issuance of a certificate of occupancy or its functional equivalent, the acreage for the necessary facilities and services to serve the new development is dedicated or acquired by the local government, or funds in the amount of the developer's fair share are committed; and a. A development order or permit is issued subject to a condition that the necessary facilities and services needed to serve the new development are in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent; or b. At the time the development order or permit is issued, the necessary facilities and services are the subject of a binding executed agreement which requires the necessary facilities and services to serve the new development to be in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent; or c. At the time the development order or permit is issued, the necessary facilities and services are guaranteed in an enforceable development agreement, to be in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent. ➢ Transportation supply (capacity). Transportation supply shall be determined on a segment by segment basis. For concurrency purposes, all segments on the county's thoroughfare plan shall Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 43 243 Comprehensive Plan Capital Improvements Element be considered. Capacity for segments will be based either on FDOT's generalized capacity tables or individual segment capacity studies approved by the public works director pursuant to the criteria specified in Chapter 952, Traffic. Transportation supply for each segment is: 1. The segment's existing peak hour, peak season, peak direction capacity; or 2. The segment's new roadway capacity if facility expansion for the segment is proposed and if. a. At the time a development order or permit is issued, the necessary facilities and services are in place or under construction; or b. A development order or permit is issued subject to a condition that the facility expansion needed to serve the new development is included in the county's adopted five-year schedule of capital improvements and is scheduled to be in place or under actual construction not more than three years after issuance of the project's first building permit or its functional equivalent. The schedule of capital improvements may recognize and include transportation projects included in the first three years of the adopted Florida Department of Transportation five year work program. In order to apply this provision to a facility expansion project, the Capital Improvements Element must include the following policies: i. The estimated date of commencement of actual construction and the estimated date of project completion. ii. A provision that a plan amendment is required to eliminate, defer, or delay construction of any road or mass transit facility or service which is needed to maintain the adopted level of service standard and which is listed in the five-year schedule of capital improvements (for Indian River County, this is included in Policy 1.2 of this Element); or 3. The segment's new roadway capacity if, at the time a development order or permit is issued, the facility is the subject of a binding executed agreement which requires the facility to be in place or under actual construction no more than three years after the issuance of the project's first building permit or its functional equivalent; or 4. The segment's new roadway capacity if, at the time a development order or permit is issued, the facility is guaranteed in an enforceable development agreement, to be in place or under actual construction not more than three years after issuance of a building permit or its functional equivalent. 5. The segment's new roadway capacity if facility expansion for the segment is the subject of a proportionate fair -share agreement. In such case, the segment capacity increase reflected Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 44 244 Comprehensive Plan Capital Improvements Element in the proportionate fair share agreement shall be available only to the party or parties to the proportionate fair share agreement. ➢ For school facilities: A residential development order or permit shall be issued only if the needed capacity for the particular service area is available in one or more contiguous service areas. Regulation No development order shall be issued for any project where the project's demand in conjunction with existing demand and committed demand will exceed the capacity of a facility at the service level established in this plan. Level -of -service analysis will be undertaken during the review of each project for which development order approval is required. Monitoring System To effectively implement the concurrency requirement, it is necessary to maintain an estimate of available capacity for each public facility subj ect to level -of -service requirements. By maintaining an accurate and current available capacity estimate for each facility, projected demand from development applications can be compared to the available capacity for the facility to determine if the project can be approved. The purpose of the monitoring program is to maintain a current estimate of available capacity for each facility. With the exception of public schools, the monitoring system portion of the concurrency management plan is maintained by the county's planning division. Effective July 1, 2008, the School District initiated and now maintains the monitoring system portion of the concurrency management plan for public schools. Using a network computer system and database management software, records were developed and are maintained for each specific facility. Based upon information in the specific comprehensive plan elements, total capacity figures for each applicable facility are maintained in database files established for each public facility category. Capacity figures are modified as facilities are expanded or as criteria specified in the availability of capacity section are met, thereby allowing a programmed expansion to be considered for capacity determination purposes. Through contact with other county departments, planning staff are able to modify capacity estimates as soon as facility characteristics are changed. Table 6.17 depicts the general structure of the monitoring system database file for each public facility category. That table shows that available capacity for each specific facility is a function of total capacity less existing demand and less committed demand. The demand section of this concurrency management plan identifies the methodology for assessing demand. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 45 245 Comprehensive Plan Capital Improvements Element Table 6.17: Monitorin S stem Design Public Facility Specific Total Capacity Existing Demand Committed Demand Available Capacity Category Facilities MPO Annually Identify existing flows for each water and sewer treatment plant Utilities Annually Estimate Landfill (active cell) volume used Peak season/ peak Annual count (average) Volume estimated from (Total Capacity) - (Existing Traffic Roadways direction/ peak (peak season/peak approved Development Planning Ongoing Do annual student counts (FTE) for public schools to determine existing demand hour (LOS D) direction/peak hour) Orders (DO) Demand) - (Committed Demand) Sanitary Sewer Treatment Design flows Existing flows Volume estimated from (Total Capacity) - (Existing Plants approved DO's Demand) - (Committed Demand) Potable Water Treatment Design flows Existing flows Volume estimated from (Total Capacity) - (Existing Plants approved DO's Demand) - (Committed Demand) Solid Waste Landfill Active cell design Active cell volume used Volume estimated from (Total Capacity) - (Existing capacity approved DO's Demand) - (Committed Demand) (Acres per thousand (Acres per thousand Recreation Parks Park Acreage population) X (existing population) X (projected (Total Capacity) - (Existing population) population for approved Demand) - (Committed Demand) DO's) Drainage Volume of stormwater Drainage Volume Existing flows allowed to outfall for (Total Capacity) - (Existing conveyances approved DO's Demand) - (Committed Demand) Public Permanent Student Annual Enrolhnent Students estimated from approved residential (Total Capacity) - (Existing Education Schools(K-12) Stations (FISH) Count (FTE) Development Orders) Demand) - (Committed Demand) To implement the monitoring system, the following actions shown in table 6.18 will be necessary. Table 6.18: Monitoring System Tasks Action Responsible Department Timing Do quarterly traffic counts for thoroughfare plan roads to determine existing demand Engineering Annually Compile quarterly ridership statistics for all fixed routes MPO Annually Identify existing flows for each water and sewer treatment plant Utilities Annually Estimate Landfill (active cell) volume used Utilities Annually Estimate population and apply park standard to determine park existing demand Planning Annually Estimate existing flows for drainage conveyances Engineering Annually Enter data received from other departments into computer Planning Ongoing Do annual student counts (FTE) for public schools to determine existing demand School District Annually Add estimated demand for new projects to committed demand total upon issuance of DO Planning Ongoing Maintain records of units/projects receiving a certificate of occupancy, maintain demand estimates from those units/projects, subtract estimated demand for those units/projects for committed demand once existing demand is updated Planning Ongoing Community Development Department Adopted December _ 2021, Ordinance 2021 Indian River County 46 246 Comprehensive Plan Capital Improvements Element Applicability The concurrency management plan monitoring system has applicability to more than just level -of - service measurement. It also provides the basis for assessing facility expansion needs and therefore capital improvements programming. By maintaining an accurate and up-to-date estimate of available capacity, the need for facility expansion can be recognized before all capacity is used. By incorporating the monitoring system into the capital improvements programming process, capital budgets can be prepared based on reliable information and valid estimates of need. Goal, Objectives and Policies Goal It is the goal of Indian River County to provide needed capital improvements through the use of sound fiscal decision making. Objectives and Policies Objective 1: Construction of Capital Facilities By 2026, the county will have completed those capital improvements schedule projects that replace obsolete or worn-out facilities, eliminate existing deficiencies or accommodate desired future growth. Policy 1.1: The county shall maintain a five-year capital improvement program and pursuant to Section 163.3177(3)(b) F. S. evaluate and update that program every year to reflect existing and future public facility needs of the county. This capital improvement program will ensure that the plan is financially feasible and that the adopted level -of -service standards are achieved and maintained. Policy 1.2: The county and the School District shall undertake only those capital improvements included within this element's adopted capital improvements program. Pursuant to Section 163.3177(3)(b) F.S., the Capital Improvements Element will be reviewed every year. If any facility identified in the Schedule of Capital Improvements is delayed or deferred in construction, or is eliminated from the capital improvements program, and this delay, deferral, or elimination will cause the level -of -service to deteriorate below the adopted minimum level of service standard for the facility, a comprehensive plan amendment will be required to adjust the Schedule of Capital Improvements. The annual update of the capital improvement element shall be done with a single public hearing before the Board of County Commissioners and a copy of the ordinance amending the Capital Improvements Element shall be transmitted to DEO. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 47 247 Comprehensive Plan Capital Improvements Element Policy 1.3: The county shall evaluate and prioritize its capital improvement projects based on following criteria. These criteria are ranked in order of importance. ➢ Preservation of the health and safety of the public by eliminating public hazards; ➢ Compliance with all mandates and prior commitments; ➢ Elimination of existing deficiencies; ➢ Maintenance of adopted level -of -service standards; ➢ Provision of infrastructure concurrent with the impact of new development; ➢ Protection of prior infrastructure investments; ➢ Consistency with the county plan and plans of other agencies; ➢ Accommodation of new development and redevelopment facility demands; ➢ Consistency with plans of state agencies and water management districts that provide public facilities within the local government's jurisdiction; ➢ Promotion of compact development by discouraging growth outside of urban service areas; ➢ Demonstration of linkages between projected growth and facility location; ➢ Utilization of the economies of scale and timing of other improvements; ➢ Reduction of operating costs; ➢ Adjustment for unseen opportunities, situations, and disasters. Policy 1.4: The county shall implement the policies of the Potable Water, Sanitary Sewer, and Solid Waste sub -elements of the Comprehensive Plan. Since these are enterprise account funded elements, capital expenditures identified in these elements shall be funded principally from revenues derived from the applicable systems. Policy 1.5: The county shall prioritize and implement the programs identified in the Transportation, Recreation and Open Space, Stormwater Management, Conservation, and Future Land Use Elements of the Comprehensive Plan. Policy 1.6: The county shall not eliminate or reallocate budgeted appropriations for road improvement projects required to meet the adopted level -of -service standards unless the applicable projects will be constructed by other means and remain concurrent with the county's Schedule of Capital Improvements. Policy 1.7: The county shall continue to allocate funds for the replacement and the renewal of infrastructure in an amount which will minimize the operating costs of the infrastructure and maximize the life of the infrastructure. Polio: The county shall manage its long-term general obligation debt in such a manner that the ratio of the debt service millage to the countywide operating millage does not exceed 20%. Policy 1.9: The county hereby defines a capital improvement as an improvement with a cost that exceeds $100,000. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 48 Comprehensive Plan Capital Improvements Element Polices: The Schedule of Capital Improvements shall contain a mix of capital expenditures, including projects to eliminate existing deficiencies, to upgrade and replace existing facilities, and to construct new facilities. Policy 1.11: The county shall maintain a procedure in its annual budget review requiring each county department to include in its annual budget request applicable expenditures as identified in the capital improvements program of the appropriate Comprehensive Plan Element as well as department's capital improvements. Policy 1.12: The county hereby adopts the 2021-2022 through 2025-2026 Indian River County School District Five -Year Facilities Work Plan. The Indian River County School District Five -Year Facilities Work Plan will be evaluated and updated annually to reflect existing and future public school facility needs of the county. This will ensure that the Indian River County School District Five -Year Facilities Work Plan is financially feasible and that the adopted level -of -service standard for public schools is achieved and maintained. Objective 2: Development in Coastal High Hazard Areas Through 2030, development in coastal high hazard areas will not increase beyond the density or intensity levels indicated on the current Future Land Use Map. Polices: The coastal high hazard area is defined as the area of the county designated as evacuation zones for a category one hurricane. Policy 2.2: The county shall not increase land use density and intensity, in the coastal high hazard area, beyond that reflected in the county's current Future Land Use Map. Policy 2.3: The county shall make appropriations for infrastructure in coastal high hazard areas only to maintain the adopted level -of -service standards. Policy 2.4: The county shall ensure that the replacement of infrastructure in the coastal high hazard area will be limited to maintaining the adopted level -of -service standards. Policy 2.5: The county shall require that all developments and all single-family units in coastal high hazard areas fully pay the cost for required infrastructure improvements through impact fees, capacity charges, developer dedications, assessments, and contributions. Policy 2.6: The county shall not use public funds to subsidize increased density or intensity of urban development in coastal high hazard areas; however, public beach, shoreline access, resource restoration, or similar projects may be constructed. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 49 .E Comprehensive Plan Capital Improvements Element Objective 3: Maintenance of Established Level -of -Service Standards Through 2030, adopted levels -of -service will be maintained for all concurrency facilities. Policy 3.1: The county hereby adopts the concurrency management system as described within this element. The county shall maintain Land Development Regulation (LDR) Chapter 910, Concurrency Management System, which implements the plan's concurrency management system. In accordance with the concurrency management system of this plan and LDR Ch. 910, the county will not approve any development project where the impacts of such a project would lower the existing level -of -service on any facility below that facility's adopted minimum level -of -service standard. Policy 3.2: The county shall approve development only in accordance with the utility connection matrix identified in the Sanitary Sewer and Potable Water Sub -Elements. Policy 3.3: The county shall, concurrent with the impact of new development, provide the infrastructure necessary to maintain the levels -of -service identified in the various elements of the Comprehensive Plan. Where development is proposed and is consistent with all applicable regulations but one or more public facilities is/are operating at an inadequate service level, the applicant may at his expense make facility improvements to increase facility capacity when such improvements are consistent with county plans and receive county approval. Policy 3 A The county shall make land use decisions based on the planned availability of facilities to maintain adopted level -of -service standards. Policy 3.5: The county hereby adopts Concurrency Management level -of -service standards for public facilities that are established in the other Comprehensive Plan Elements and which are stated below: ➢ Stormwater Manama The county hereby adopts the following level -of -service standard for all new drainage systems within the unincorporated county: ➢ New development requiring major site plan approval or subdivision platting shall construct a complete drainage system to mitigate the impacts of a 25 year/24 hour design rainfall event using the soil conservation service type 2 modified rainfall curves. ➢ Post development runoff for any drainage basin shall not exceed pre -development runoff unless a maximum discharge rate has been adopted and the discharge does not exceed that rate. If a maximum discharge rate has not been adopted for a basin, post development discharge may not exceed pre -development discharge. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 50 250 Comprehensive Plan Capital Improvements Element By 2026, all existing roadways in the county shall be improved to meet the following level -of -service standards: ➢ Minimum road crown elevation for existing roads shall be raised during resurfacing/rebuilding to the flood elevation resulting from the 2 year/24 hour storm event on local streets. ➢ The center two lanes of rebuilt roads must be at or above flood levels resulting from a 10 year 24 hour storm event on Arterial and Collector roads. ➢ All drainage basins will meet the following level of service standard: 10-Year/24 Hour Storm Event The county hereby adopts the following water quality level -of -service standard: ➢ As a minimum, retention of the first one inch of rainfall is required prior to offsite discharge. An additional 50% treatment is required for all direct discharge into the Sebastian River and into the Indian River Lagoon due to its designation as an outstanding Florida water, as required by state law. ➢ Potable Water The following level -of -service standard is adopted for the county's potable water facilities, and shall be utilized for determining the availability of facility capacity and demand generated by a development: ➢ Countywide level -of -service standard of 250 gallons per day per equivalent residential unit. ➢ Solid Waste The following level -of -service standard is adopted for solid waste facilities in the county, and shall be used as the basis for determining the availability of facility capacity and demand generated by a development: Countywide level -of -service standard of 2.2 tons or 3.67 cubic yards per capita for permanent plus weighted peak seasonal population per year. ➢ Sanitary Sewer The following level -of -service standard is adopted for the county's sanitary sewer facilities, and shall be utilized for determining the availability of facility capacity and demand generated by a development: ➢ Countywide level -of -service standard of 250 gallons per day per equivalent residential unit with a peak monthly flow factor of 1.25. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 51 251 Comprehensive Plan Capital Improvements Element ➢ Recreation & Open Space The county adopts the following recreation level -of -service standard: ➢ County wide level -of -service standard of 6.61 recreation acres/1,000 permanent plus weighted peak seasonal population. ➢ Transportation The county adopts traffic circulation level -of -service standards as follows: ➢ Level -of -Service "D" during peak hour, peak season, peak direction conditions, on all TRIP grant funded roads as well as all freeway, arterial, and collector roadways, with the exception of the following two, which will operate at level of service "E" plus 20%. • 27'h Ave — South County Line to SR 60 • 431 Ave — Oslo Road to 16d' Street ➢ Level -of -Service "D" plus 20% during peak hour, peak season, peak direction conditions on the following roads until such time that a major capacity improvement, as specified below, is constructed. At such time that the major capacity improvement is constructed, the level of service for that road shall be "D" during peak hour, peak season, peak direction conditions. • CR 510 — 66th Avenue to US Highway 1 (scheduled for widening) • 37th Street — US Highway 1 to Indian River Boulevard (scheduled for widening or alternatively mitigated by extension of Aviation Boulevard from US 1 to 37h Street) During the time period before major capacity improvements are provided for these two roads, proposed major development projects approved by the planning and zoning commission or board of county commissioners that will impact either or both of the roads may, based on a traffic study approved by the Public Works Director, be approved with conditions related to provisions for interim roadway improvements that mitigate project impacts on one or both roads. For SIS/Florida Intrastate Highway System roadways, level of service `B" is adopted for rural areas, and level of service "C" is adopted for urban areas. Polio The county hereby adopts level -of -service standards for selected public facilities as follows: Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 52 252 Comprehensive Plan Capital Improvements Element ➢ Correctional Facilities The county adopts the following correctional facilities level -of -service standard: ➢ County wide level -of -service standard of 4.5 beds/1,000 permanent plus weighted peak seasonal population ➢ Fire/EMS The county adopts the following Fire/EMS level -of -service standard: ➢ County wide (excluding Indian River Shores) level -of -service standard of .089 Stations per 1,000 permanent plus weighted peak seasonal population ➢ Law Enforcement The county adopts the following Law Enforcement level -of -service standard: ➢ Unincorporated County level -of -service standard of 2.09 officers per 1,000 permanent plus weighted peak seasonal population ➢ Libraries The county adopts the following Libraries level -of -service standards: ➢ County wide level -of -service standard of 580 building square feet per 1,000 permanent plus weighted peak seasonal population ➢ County wide level -of -service standard of 3,200 library material items per 1,000 permanent plus weighted peak seasonal population ➢ County wide level -of -service standard of 0.7 computers per 1,000 permanent plus weighted peak seasonal population ➢ County wide level -of -service standard of 0.2 other library equipment items per 1,000 permanent plus weighted peak seasonal population ➢ Public Buildinas The county adopts the following Public Buildings level -of -service standard: ➢ County wide level -of -service standard of 1.99 building square feet per capita for permanent plus weighted peak seasonal population. ➢ Schools The county adopts the following Schools level -of -service standard: Schools (School Service Areas): Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 53 253 Comprehensive Plan Capital Improvements Element ➢ 100 percent of Florida Inventory of School Houses (FISH) capacity for each public school type (elementary, middle, and high). ➢ Transit The County adopts the following transit level -of -service standard: ➢ One-hour headways shall be maintained on all fixed transit routes. Obiective 4: Future Development's Share of Capital Costs Through 2030, new developments will bear a proportionate share of the cost required to maintain adopted level -of -service standards. Policy 4.1: The county shall use impact fees, capacity charges, assessments, developer dedications and contributions, to pay for infrastructure improvements and services needed to satisfy future needs while maintaining adopted level -of -service standards. Policy 4.2: The county shall conduct research to identify new sources of revenue for funding capital improvement projects. Objective 5: Local Government's Ability to Provide Required Services and Facilities Through 2030, the county will ensure that it is able to fund and provide required services and facilities. Policy 5.1: The county shall not approve land use amendment requests unless those requests are consistent with the concurrency management system requirements of this element. Policy 5.2: In the event that the planned capacity of public facilities is insufficient to serve all applicants for development orders, the county shall schedule capital improvements to serve developments in the following order of priority: ➢ Single-family units in existing platted subdivisions or on existing legal, buildable parcels ➢ Affordable housing projects ➢ New development orders permitting redevelopment ➢ New development orders permitting new developments where the applicant funds the infrastructure expansion in exchange for future reimbursement ➢ New development orders permitting new developments without developer participation Policy 5.3: The county shall extend facilities and services to serve areas only within the existing Urban Service Area or as allowed by Policy 5.7 of the Potable Water Sub -Element and Policy 5.8 of the Sanitary Sewer Sub -Element of the Comprehensive Plan. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 54 254 Comprehensive Plan Capital Improvements Element Policy 5A The county shall coordinate with other local, state, and federal agencies as well as private entities to create an efficient capital improvements schedule that provides the following general benefits while minimizing the financial burden of providing facilities and services: ➢ Reduction of overall capital and operating expenditures by the development of multi -use facilities; ➢ More efficient land use patterns and phasing; ➢ Reduction of overlapping, duplicating, and administrative procedures; ➢ Implementation of adopted physical, social, and economic goals and policies in a least -cost manner; ➢ Better coordination of public capital investment with private capital expenditures. Policy 5.5: The county shall continue utilizing enterprise funds for the provision of Sanitary Sewer, Potable Water, and Solid Waste facilities. The debt for enterprise funds is to be paid by user fees, capacity charges, and other appropriate sources. Policy 5.6: The county shall finance the capital cost of non -enterprise fund supported public facilities (e.g., roads, stormwater management, and parks) from current revenue, bond issues, impact fees, capacity charges, assessments, and other appropriate sources. Policy 5.7: The county shall use general obligation bonds and other sources to raise the funding required to provide those public facilities that cannot be constructed with user fees, revenue bonds, impact fees, capacity charges, or other dedicated revenue sources. Policy 5.8: Developments, which require public facility infrastructure improvements that will be financed by county debt, shall have their development orders conditioned on the issuance of the county debt or the substitution of a comparable amount of non -debt revenue. Polio: Pursuant to state law, the Schedule of Capital Improvements may be adjusted by ordinance and not deemed to be an amendment to the Comprehensive Plan when the amendment relates to corrections, updates, or modifications concerning costs, revenue sources, acceptance of facilities pursuant to dedications which are consistent with the Comprehensive Plan, or the date of construction of any facility except transportation facilities enumerated in the Schedule of Capital Improvements. For transportation facilities, a delay in construction of a facility which causes the level -of -service of that facility to deteriorate below the adopted minimum level -of -service standard for the roadway will require a comprehensive plan amendment. Policy 5.10: The county shall ensure that all capital improvements identified in the various elements of the Comprehensive Plan are completed according to schedule. The only acceptable delays will be those which are subject to one of the following: ➢ Projects providing capacity equal to, or greater than, the delayed project are accelerated within or added to the Schedule of Capital Improvements; Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 55 255 Comprehensive Plan Capital Improvements Element ➢ Modification of development orders issued conditionally or subject to the concurrent availability of public facility capacity provided by the delayed project. Such modification shall restrict the allowable amount and schedule of development to that which can be served by the capacity of public facilities according to the revised schedule; or ➢ Amendment of the plan to reduce the adopted standard for the level -of -service for public facilities until the fiscal year in which the delayed project is scheduled to be completed. Implementation, Evaluation, and Monitoring Implementation An important part of any plan is its implementation. Implementation involves execution of the plan's policies. It involves taking actions and achieving results. For the Capital Improvements Element, implementation involves various activities. While some of these actions will be ongoing, others are activities that will be taken by certain points in time. For each policy in this element, table 6.20 identifies the type of action required, the responsible entity for taking the action, the timing, and whether or not the policy necessitates a capital expenditure. To implement the Capital Improvements Element, several different types of actions must be taken. These include: development of mechanisms for funding new facilities, adoption of land development regulations and ordinances, execution of interlocal agreements, coordination, and preparation of studies and evaluation and monitoring reports. Overall, the Capital Improvements Element implementation responsibility will rest with the Office of Management and Budget. Besides its responsibilities as identified in table 6.18, the planning department has the additional responsibility of ensuring that other entities discharge their responsibilities. This will entail notifying other applicable departments of capital expenditures to be included in their budgets, notifying other departments and groups of actions that must be taken, and assisting other departments and agencies in their plan implementation responsibilities. As part of the Capital Improvements Element, the county has developed a Concurrency Management Plan, which ensures the maintenance of the adopted level -of -service standards. Through the Concurrency Management Plan, the county will measure facility capacity, assess development demand, and maintain a Capital Improvements Program which ensures that the level -of -service standards are maintained. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 56 256 Comprehensive Plan Capital Improvements Element Table 6.19: Capital Improvement Element Implementation Matrix Policy Type of Action Responsibility Timing Capital Expenditure 1.1 Maintain the CIP OMB/PD Ongoing No 1.2 Follow the CIP PD Ongoing No 1.3 Prioritize capital improvement projects OMB/PD/SD Ongoing No 1.4 Implement recommendations Appropriate County Departments/SD Ongoing Yes 1.5 Prioritize and implement programs Appropriate County Departments/SD Ongoing Yes 1.6 Maintain previous commitments BCC/PWD/SD Ongoing No 1.7 Replacement and renewal of infrastructure Appropriate County Departments/SD Ongoing No 1.8 Budget Management OMB/SD Ongoing No 1.9 Define capital improvement PD/OMB Ongoing No 1.10 Capital Budget Management OMB/SD Ongoing No 1.11 Capital Improvements Management OMB/SD Ongoing No 1.12 School District Fiver -Year Facilities Work Plan SD Ongoing Yes 2.1 Define costal high hazard area DCA Ongoing No 2.2 Maintain density and intensity levels of current FLU Map PD Ongoing No 2.3 Budget management Appropriate County Departments Ongoing Yes 2.4 Maintain LOS standards Appropriate County Departments Ongoing Yes 2.5 Funding mechanisms BCC/Private Developers Ongoing No 2.6 Infrastructure replacement strategy Appropriate County Departments Ongoing No 3.1 Maintain concurrency management system PD Ongoing No 3.2 Follow connection matrix of Comprehensive Plan Sub- Elements Appropriate County Departments Ongoing No 3.3 Maintain adopted LOS standards PD Ongoing No 3.4 Land use decisions BCC Ongoing No 3.5 Adopt LOS standards BCC/SD/Appropriate County Departments Ongoing No 4.1 Impose regulations Appropriate County Departments Ongoing Yes Indian River County 57 257 Comprehensive Plan Capital Improvements Element Table 6.19: Capital Improvement Element Implementation Matrix Policy Type of Action Responsibility Timing Capital Expenditure 4.2 Conduct research OMB/PD Ongoing No 4.3 Work with municipalities BCC/SD/Other Local Ongoing No Governments in IRC 5.1 Approve land use changes only if infrastructure can BCC Ongoing No support land use change 5.2 Prioritize capital improvements BCC/SD/Appropriate Ongoing No County Departments 5.3 Extension of facilities and services BCC/Appropriate County Ongoing No Departments Appropriate County 5.4 Create an efficient capital improvements schedule Departments/Other Ongoing No Government Agencies 5.5 Utilize enterprise funds OMB Ongoing No 5.6 Finance non -enterprise fund supported projects OMB Ongoing No 5.7 Fund the construction of public facilities OMB/SD Ongoing Yes 5.8 Permitting Requirements BCC/Appropriate CountyDepartments Ongoing No 5.9 Amending the Schedule of Capital Improvements BCC/OMB/PD/SD Ongoing No 5.10 Complete the Schedule of Capital Improvements BCC/SD/Appropriate2024 No County Departments 5.11 Adopt a Priority Transportation Capital Improvements BCC/PWD/MPO Ongoing No Schedule BCC = Board of County Commissioners DCA = Department of Community Affairs FDOT = Florida Department of Transportation MPO = Metropolitan Planning Organization OMB — Office of Management and Budget PD — Planning Department PWD = Public Works Department SD = School District Evaluation and Monitoring Procedures To be effective, a plan must not only provide a means for implementation; it must also provide a mechanism for assessing the plan's effectiveness. Generally, a plan's effectiveness can be judged by the degree to which the plan's objectives have been met. Since objectives are structured, as much as possible, to be measurable and to have specific timeframes, the plan's objectives are the benchmarks used as a basis to evaluate the plan. Table 6.20 identifies each of the objectives of the Capital Improvements Element. It also identifies the measures to be used to evaluate progress in achieving these objectives. Most of these measures Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 58 258 Comprehensive Plan Capital Improvements Element are quantitative, such as adopting land development requirements, which ensure the maintenance of the level -of -service standards, adopting a capacity monitoring system and others. Besides the measures, table 6.20 also identifies timeframes associated with meeting the objectives. The Planning Department staff will be responsible for monitoring and evaluating the Capital Improvement Element. This will involve collection of data and compilation of information regarding facility capacity, expansion, and new development permitted. This will be done on a regular basis. As part of the county's Concurrency Management System, the Planning Department will continually monitor the facility capacity to ensure that level -of -service standards will be maintained Table 6.20: Capital Improvements Element Evaluation Matrix Objective Measure Timeframe 1 Existing deficiencies in county services and/or obsolete or wom-out facilities 2025 2 Land use density and intensity in Coastal High Hazard Area 2030 3 Level -of -service provided for county services 2030 4 Existence of appropriate Land Development Regulations 2030 5 Completion of the Schedule of Capital Improvements 2030 While monitoring will occur on a continual basis, formal evaluation of the Capital Improvements Element will occur annually. The formal evaluation and appraisal of the entire Comprehensive Plan will occur every ten years (dependent upon the schedule adopted by the Florida Department of Community Affairs). Besides assessing progress, the evaluation and appraisal process will also be used to determine whether the Capital Improvements Element objectives should be modified or expanded based on revisions to state statutes and changing conditions not identified and addressed as part of the annual CIE update. In this way, the monitoring and evaluation of the Capital Improvements Element will not only provide a means of determining the degree of success of the plan's implementation; it will also provide a mechanism for evaluating needed changes to the plan element not otherwise addressed in the yearly update of the Capital Improvements Element. As discussed in the above paragraphs, the evaluation and monitoring procedures identified for the Capital Improvements Element are basically the same for the entire Comprehensive Plan. These procedures have been used in the past to prepare the county's Evaluation and Appraisal Report and will be used by the county in subsequent Evaluation and Appraisal Reports. The monitoring and evaluation of this plan is critical to ensure that the policies are effective in achieving the plan's goals and objectives. Each individual element of the plan contains provisions and measures to be used in the review of the element. Each element contains an Implementation and Evaluation Matrix and monitoring procedures, which are currently being used to prepare the current Evaluation and Appraisal Report and will be used to prepare future Evaluation and Appraisal Reports. Community Development Department Adopted December _ 2021, Ordinance 2021 - Indian River County 59 259 Comprehensive Plan Capital Improvements Element In addition, a great portion of the plan monitoring will be in conjunction with the concurrency management system which is designed to ensure that approved level -of -service standards are maintained and that sufficient capacity exists in the various services and facilities. Other evaluation of the plan or plan elements is likely to occur in the day to day application of the mandated regulations, which will result in plan amendments. The formal Evaluation and Appraisal Report required by law is currently providing and in subsequent versions will provide a complete review of the plan and be conducted in compliance with the public participation procedures adopted for the development of this plan. As part of the monitoring system, all appropriate baseline data is currently being updated and will be updated. Besides assessing progress, the evaluation and appraisal process is and will also be used to determine whether the objectives should be modified or expanded. In this way the monitoring and evaluation of the Comprehensive Plan Elements not only provides a means of determining the degree of success of the plan's implementation; it also provides a mechanism for evaluating needed changes to the plan element. 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K c 0 o a o g 5Q2 8 a a w o v, ONnO O� M ern er`o O O rl '/1 ^ O N N a M O N Oo^ �� 0 O O m. a .v. n m a Dog v 00 00 n c ✓. .gi Y� h LOO S 0 T „may r V •e a O ✓• � p r pg ` V c pq o w �_00 O 4 n LZ V w u w Y d O CP ✓' OL ^, i (1�•'y�• F. ti K r v a q w -' �`w aa A n r. 9 9 0g, fi v 9 B p"O•: �� .6 : ,w 5oW S C a O w O W O � " i- a R a •�v o. i.. a fi ' �• ,i w`' fi O 1 Comprehensive Plan Expenditures Capital Improvements Element Expenditure for Maintenance, Repair and Renovation from 1.5046011s and PECO Annually, prior to the adoption of the district school budge, each sdW board must prepare a tentative district fac kfies work program that includes a schedule of mayor repair and renovation projects necessary to maintain the educational and ancillary facilities of the district. HVAC $3,180,697 $450,000 $2,716,513 13,559,663 $2,425,000 $12,331,873 Locations: BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDI u RIVER ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW), OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, SEBASTIAN RIVER MIDDLE, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE SCHOOL, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY, TREASURE COAST TECHNICAL COLLEGE, VERO BEACH ELEMENTARY, VERO BEACH SENIOR HIGH Roomy $350,000 $350.000 1 $350,000 1350,000 $1,500,000 12,900,000 Locations: Administration Building, ALTERNATIVE CENTER FOR EDUCATION, BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, DISTRICT SERVICES, DODGERTOWN ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW), OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, SEBASTIAN RIVER MIDDLE, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE SCHOOL, SUPPORT SERVICE COMPLEX, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY, TREASURE COAST TECHNICAL COLLEGE, VERO BEACH ELEMENTARY, VERO BEACH SENIOR HIGH, WABASSO SCHOOL Roofing 5145,D00 $145,000 $3,796,645 5145,000 12,120,000 16,351,645 Locations: Administration Building, ALTERNATIVE CENTER FOR EDUCATION, BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, DISTRICT SERVICES, DODGERTOWN ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW), OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, SEBASTIAN RIVER MIDDLE, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE SCHOOL, SUPPORT SERVICE COMPLEX, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY, TREASURE COAST TECHNICAL COLLEGE, VERO BEACH ELEMENTARY, VERO BEACH SENIOR HIGH, WABASSO SCHOOL Safety to Life 11,343,218 $1,339,408 11,754,938 $1,628,972 12,400,000 18,466,536 Locations: Administration Building, ALTERNATIVE CENTER FOR EDUCATION, BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, DISTRICT SERVICES, DODGERTOWN ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW), OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, SEBASTIAN RIVER MIDDLE, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE SCHOOL, SUPPORT SERVICE COMPLEX, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY, TREASURE COAST TECHNICAL COLLEGE, VERO BEACH ELEMENTARY, VERO BEACH SENIOR HIGH, WABASSO SCHOOL Fencing $0 10 10 10 50 $0 Locations: No Locations for this expenditure. Parking 50 $575,743 $0 1775,000 $1,050,000 12,400,743 Locations: DODGERTOWN ELEMENTARY, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, LIBERTY MAGNET, PELICAN ISLAND ELEMENTARY Electrical 50 10 10 10 $0 $0 Locations: No Locations for this expenditure. Fire Alarm $0 $01 11,149,968 1300,000 so 51,449,968 Locations: CITRUS ELEMENTARY, DODGERTOWN ELEMENTARY, FELLSMERE ELEMENTARY, GLENDALE ELEMENTARY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW), OSLO MIDDLE, ROSEWOOD ELEMENTARY, SEBASTIAN RIVER MIDDLE, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY, VERO BEACH ELEMENTARY, VERO BEACH SENIOR HIGH Telephone/Intercom System 10 50 s0 $0 $01 10 Locations: No Locations for this expenditure. Page D-2 401 Comprehensive Plan Capital Improvements Element Closed Circuit Television $0 $0 SO $0 $0 $0 Locations: No Locations for this expenditure. Paint $O $1,200,0(]0 $O $7,500,000 I 51,000,0DO F$3,700,000 Locations: BEACHLAND ELEMENTARY, DODGERTOWN ELEMENTARY, FELLSMERE ELEMENTARY, OSLO MIDDLE, STORM GROVE MIDDLE Locations SCHOOL, TREASURE COAST TECHNICAL COLLEGE, VERO BEACH SENIOR HIGH Maintenance/Repair 51,572,160 $1,572,160 $1,572,160 $1,572,160 51,572,160 $7,860,800 Locations: Administration Building, ALTERNATIVE CENTER FOR EDUCATION, BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, DISTRICT SCHOOL, SUPPORT SERVICE COMPLEX, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY SERVICES, DODGERTOWN ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDIAN RIVER Locations ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW), OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, SEBASTIAN RIVER MIDDLE, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE SCHOOL, SUPPORT SERVICE COMPLEX, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY, TREASURE COAST TECHNICAL COLLEGE, VERO BEACH ELEMENTARY, VERO BEACH SENIOR HIGH, WABASSO SCHOOL Sub Total: $6,591,075 $5,632,311 $11,340,224 $9,830,795 $12,067,160 $45,461,565 PECO Maintenance Expenditures 1.50 Mill Sub Total*1 $8,541.0751 $8,987,3111 $14,915,2241 $15,065,7951 $18,767, Site Improvements Districtwlde So $0 $100,000 $0 $0 $100,0D0 Locations SEBASTIAN RIVER SENIOR HIGH Paving, WW Covers & Sidewalks Districtwide $0 $180,000 $0 50 $0 $180,000 Locations OSCEOLA MAGNET SCHOOL (NEW), OSLO MIDDLE Chiller Replacement SO $0 $775,000 $1,975,000 S7700,000 54,450,000 Locations CITRUS ELEMENTARY, DODGERTOWN ELEMENTARY, FELLSMERE ELEMENTARY, INDIAN RIVER ACADEMY, OSCEOLA MAGNET SCHOOL (NEW), OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE SCHOOL, SUPPORT SERVICE COMPLEX, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY Furniture Fixtures & Equipment $400,000 $300,000 $250,000 $300,000 $250,000 $1,500,000 Locations Administration Buikfing, ALTERNATIVE CENTER FOR EDUCATION, BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, DISTRICT SERVICES, DODGERTOWN ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW), OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, SEBASTIAN RIVER MIDDLE, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE SCHOOL, SUPPORT SERVICE COMPLEX, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY, TREASURE COAST TECHNICAL COLLEGE, VERO BEACH ELEMENTARY, VERO BEACH SENIOR HIGH, WABASSO SCHOOL PhgVoutd Equipment Replacement $350,003 1 5350,000 $350,000 $350,000 $350,000 $1,750,000 Locations BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, DODGERTOWN ELEMENTARY, FELLSMERE ELEMENTARY, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW), PELICAN ISLAND ELEMENTARY, ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, TREASURE COAST ELEMENTARY, VERO BEACH ELEMENTARY, WABASSO SCHOOL Building Improvements/Renovations Districtwide $0 $545,000 $0 $400,000 5800,DDll $1,745,000 Locations BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, OSLO MIDDLE, ROSEWOOD ELEMENTARY, SEBASTIAN RIVER SENIOR HIGH, VERO BEACH SENIOR HIGH, WABASSO SCHOOL District Technology $1,200,000 $1,980,000 $2,100,000 $2,210,000 $3,600,000 $11,09,000 Locations Administration Building, ALTERNATIVE CENTER FOR EDUCATION, BEACHLAND ELEMENTARY, CITRUS ELEMENTARY, DISTRICT SERVICES, DODGERTOWN ELEMENTARY, FELLSMERE ELEMENTARY, GIFFORD MIDDLE, GLENDALE ELEMENTARY, INDIAN RIVER ACADEMY, LIBERTY MAGNET, OSCEOLA MAGNET SCHOOL (NEW), OSLO MIDDLE, PELICAN ISLAND ELEMENTARY, ROSEWOOD ELEMENTARY, SEBASTIAN ELEMENTARY, SEBASTIAN RIVER MIDDLE, SEBASTIAN RIVER SENIOR HIGH, STORM GROVE MIDDLE SCHOOL, SUPPORT SERVICE COMPLEX, TRANSPORTATION DEPARTMENT, TREASURE COAST ELEMENTARY, TREASURE COAST TECHNICAL COLLEGE, VERO BEACH ELEMENTARY, VERO BEACH SENIOR HIGH, WABASSO SCHOOL Community Development Department Adopted December , 2021, Ordinance 2021 - Page D-3 297 Comprehensive Plan Local 1.50 Mill Expenditure For Maintenance, Repair and Renovation Anticipated expenditures expected from local funding sources over the years covered by the current work plan. Capital Improvements Element Item 2021-2022 Actual Budget 2022 - 2023 Projected . 2023 - 2024 Projected -2024-2025 Projected 2025-2026 Projected Total Remaining Mant and Repair from 1.5 Mills $8,541.075 $8,987,311 $14,915,224 $15,065,795 $18,767,160 $66,276,565 Mamtenance/RepairSalaries $3,500,000 $3,500,000 $3,500,000 $3,500,000 $3,500,000 $17,500,000 School Bus Purchases $1,050,000 $1,050,000 $1,050,000 $1,050,000 $1,050,000 $5,250,000 Other Vehicle Purchases $0 S200,0DO $0 $200,000 SO $400,000 Capital Outlay Equipment $0 $0 $0 SO $0 $0 RentlLease Payreents $0 $0 $0 $0 $0 $0 COP Debt Service $10,184,436 $10,187,436 $10,181,186 $10,187,036 $8,419,736 $49,159,830 Rent&ease Relocatables $400;700 $400,000 $400,000 $400,000 $400,ODO $2,000,000 Environmental Problems $0 $0 $0 SO $0 $0 x.1011.14 Debt Service $0 $0 $o $0 $0 $0 Special Facilities Construction Account So $0 $0 $0 $0 $0 Premiums for Property Casualty Insurance -101171 (4a,b) $1,626,130 $1,626,130 $1,626,130 $1,626,130 $1,626,130 $8,130,650 Qualified School Construction Bonds (OSCE) $1,167,370 $1,167,370 $1,167,370 $1,167,370 $1,167,370 $5,836,850 Qualified Zone Academy Bonds (OZAB) $0 $0 SO $0 $0 $0 State Charter School Capital Outlay $1,2D8,411 $1,208,411 $1,208,411 $1,208,411 $1,208,411 $6.042,055 Impact Fees'RESTRICTED FUNDS FOR FUTURE CAPACITY PRODUCING PROJECT DUE TO GROWTH' $1,300,000 $1,300,000 $1,300,000 $1,300,000 $1,300,000 56,500,000 Performance Contracting Debt Service $974,148 $1,003,442 $1,033,615 $1,064,693 $1,096,703 $5,172,601 Local Expenditure Totals: $29,951,570 $30,630,100 $36,381,936 $36,769,435 $38,535,510 $172,268,551 Revenue 1.50 Mill Revenue Source Schedule of Estimated Capital Outlay Revenue Irom each currently approved source which is estimated to be available for expenditures on the projects included In the tentative distict facilities work program. All amounts are NET after considering carryover balances, interest earned, new COP's, 1011.14 and 1011 15 bars, etc. Districts cannot use 1.5 -Mill funds for salaries except for those explicitly associated with maidenancefrepair projects. (1011.71 (5), F.S.) Community Development Department Adopted December , 2021, Ordinance 2021 - Page D-4 W• (1) Non-exempt property $21,931,594,266 $72,768,600,000 123,736,100,000 $24,671,6D0,000 $25,5W,9W,0D0 $118,686,994,266 assessed valuation (2) The Mileage projected for 1.50 1.50 1.50 1.50 1.50 discretionary capital outlay per s.1011.71 (3) Full value of the 1.50 -Mill $36,645,078 $38,251,584 $39,876,648 $41,448,288 $42,975,912 $199,397,510 discretionary capital outlay per 5.1011.71 (4) Value of the portion of the 1.50 370 $31,561,496 $32,787,072 $34,779,984 $35,527,104 $36,836,496 $170,912,152 -Mill ACTUALLY levied (5) Difference of lanes (3) and (4) $5,263,582 $5,464,512 55,196,664 55,921,184 $6,139,416 $28,465,358 Community Development Department Adopted December , 2021, Ordinance 2021 - Page D-4 W• Comprehensive Plan Capital Improvements Element PECO Revenue Source The figure in the row designated "PECO Maintenance' will be subtracted from funds available for new construction because PECO maintenance dollars cannot be used for new construction. CO & DS Revenue Source Revenue from Capital Outlay and Debt Service funds. Fair Share Revenue Source All legally binding commitments for proportionate fair -share mitigation for impacts on public scrod facilities must be included in the 5 -year district work program Nothing reported for this section. Sales Surtax Referendum Specific information about any referendum for a 1 -cent or '/-cent surtax referendum during the previous year. Did the school district hold a surtax referendum during the past fiscal year 2020 - 2021? No Community Development Department Adopted December , 2021, Ordinance 2021 Page D-5 299 Comprehensive Plan Additional Revenue Source Any additio,,ai revenue sources Capital Improvements Element Item 2021-2022 2022-2023 2023-2024 2024-2025 2025-2026 Total Actual Value Projected Projected Projected Projected Proceeds from a s.1011.14/15 F.S. Loans So $0 $0 $o SO $0 District Bonds - Voted local bond 5o $0 $0 So So SD referendum proceeds per s.9, Art VII State Constitution Proceeds from Special Ad Bonds So m $0 $0 So 5o Estimated Revenue from CO d DS Bond $0 So $0 $o SO So Sale Proceeds from Voted Capital So SO $0 So So $0 Improvements millage Other Reverxie for Other Capital Projects SO $0 $0 $0 So $0 Proceeds from 112 cent Saks surtax $O $0 $0 $0 $0 SD authorized by school board Proceeds from local governmental SO $0 $0 m SO $0 infrastructure sales surtax Proceeds from Certificates of So $0 S0 $0 5o $0 Participation (GOP's) Sale Classrooms First Bond proceeds amount So $0 So $0 So $0 authorized in FY 1997-98 Classrooms for Kids So $0 $0 $0 So SD District Equity Recognition So $0 $0 $0 SO $0 Federal Grants $o $0 $0 $0 SO m Proportionate share mitigation (actual $0 so $0 $0 So $O cash revenue only, not in kind donations) Impact fees received $1,300,0013 $1,300,000 $1,300,000 $1,300,000 $1,300,0D0 $6,500,000 Private donations So $0 $0 So So So Grants from local governments or not -for- $0 $0 $0 $0 $0 SD profit organizations Interest Including Profit On Investment $15,636 $15,636 $15,636 S15,636 $15,636 $78,180 Revenue from Bonds pledging proceeds So $0 $0SO So $O from 1 cent or 112 cent Sales Surtax Total Fund Balance Carried Forward $0 S6,500,000 $0 $0 $o $8,500,000 General Capital Outlay Obligated Fund $0 $0 $O So So $0 Balance Carried Forward From Total Fund Balance Carried Forward Special Facilities Construction Account $1,206,411 $1,208,411 $1,206,411 $1,208,411 $1,2138,411 $6,042,055 One Cent - 112 Cent Saks Surtax Debt So $0 So $0 SO $O Service From Total Fund Balance Carried Forward Capital Outlay Projects Funds Balance So $0 $0 50 $0 $0 Carried Forward From Total Fund Balance Carried Forward Subtotal $2,624,047 $11,024,047 $2,524,047 52,524047 $2,524,047 521,120235 Community Development Department Adopted December , 2021, Ordinance 2021 - Page D-6 300 Comprehensive Plan Capital Improvements Element Total Revenue Summary Local 1.5 Mill Discretionary Capital Outlay $31,581,496 ;32,767,072 $34,179,964 $35,527,104 $36,636,496 $170,912,152 Revenue $135,540 $135,540 $135,540 $135,540 $135,540 $677,700 PECO and 1.5 Mill Maird and Other 1.5 ($29,951,570) ($30,630,100) ($36,381,936) (536,769,435) ($38,535,510) ($172268,551) Miff Expenditures $2,524,047 $11,024,047 $2,524,047 $2,524,047 $2,524,047 $21,120,235 PECO Maintenance Revenue 50 so 5o $0 so SD Available 1.50 66N for New 51,629,926 $2,156,972 (52,201,952) (51,242,331) ($7,699,014) (51,356,399) conswction Item Name .- 2021-2022 Budget_._ 2022-2023 Projected 2023-2024 Pro0cled. 2024-2025 _ .. ., led _.. .... 2025 - 2025 !' .. . Five Year Toth CO b DS Revenue $135,540 $135,540 $135,540 $135,540 $135,540 $677,700 PECO New Construction Revenue $0 $0 $0 $0 $0 $0 Other/Additional Revenue $2,524,047 $11,024,047 $2,524,047 $2,524,047 $2,524,047 $21,120,235 Total Additional Revenue $2,669,687 $11,169,587 52,659,587 $2.669,587 $2,669,587 $21.797.435 Total Available Revenue $4,289,513 $13.316,559 $457,635 $1,417,256 $960,573 $20.441.536 Community Development Department Adopted December , 2021, Ordinance 2021 - Page D-7 301 A l l -I- o l Indian River County Board of County Commissioners December 14, 2021 County Initiated Request to Amend the Capital Improvements Element (CIE) of the Comprehensive Plan Purpose of Comprehensive Plan Text Amendment • To Recognize Changes in Existing and Future Public Facility Needs & Changes in Funding • To comply with yearly CIE update requirement of State Law and County Comprehensive Plan Policy 301-A , 1 CIE Adoption Process • Different from standard plan amendments • Requires only one public hearing • No Planning and Zoning Commission review • No state agency review CIE Preparation • Joint Effort By Several County Departments • Managed By Planning Staff • Directed By Budget Department 301,E - 2 Highlighted Changes • Updated Existing Revenue information and Updated Revenue Projections • Updated Appendix A, Indian River County Five -Year Schedule of Capital Improvements (CIP) • Updated/Revised All Tables, Figures & Corresponding Text Appendix A — Five Year CIP Schedule • This 5 Year CIP for FY 2021/22 to FY 2025/26 • Total 5 Year CIP Expenditures Increased by 12% from '5407,151,386 (last year) to $456,910,360 (proposed) • Projected Revenues will Match Projected Expenses • Level of Service Standards Maintained • Transportation largest category of total expenditures (40.5%) 3c 1 A . 3 Appendix A - 5 Year Capital Improvements Plan Notable Capital Projects Expenditures By Category Element or Catcgnry 2021/22 2022/23 2023/24 2024!25 2025/26 Total Coastal Management $18,957,842 $11,500,000 $0 $0 $0 $30,457,842 Conservation &Aquifer Recharge $4,879,906 $1,550,000 $1,700,000 $3,250,000 $2,425,000 $13,804,906 Emergency Services $9,153,635 $4,345,000 $4,975,000 $5,150,000 $5,800,000 $29,423,635 Facilities Management $14,673,744 $8,010,000 $4,425,000 $2,475,000 $275,000 $29,858,744 $0 $0 Law Enforcement & Recreation &Open Space 85,679,853 $5,390,000 $3,800,000 $3,000,000 $300,000 Sanitary Sewer &Potable Corrections $3,61 Water ' $26,344,407 $20,859,496 $8,765,894 $21,910,000 $4,823,733 Solid Waste $7,200,00 $950,000 $9,800,000 $0 $0 $18,169,853 814388,000 $500,000 $1,700,000 $1,700,000 $6,250,000 $98,371,499 $17,950,000 $24,538,000 Transportation $67,001,066 $47,185,458 $37,846,873 $21,232,196 $11,704,394 $184,969,987 T 0t`l� $269,553,947 $103,694,954 $88,680,736 $58,717,196 $31,328,127 $456,310,360 • 45t" Street Roadway Improvements = $14,400,000 • Jackie Robinson Training Complex /Walking Trail = $600,000 • Canal Treatment System North Relief Canal = $10,988,000 • Sandridge Clubhouse Renovations = $5,500,000 '3()1 A, . 4 0,894 $5,155,000 $0 $0 $p Recreation &Open Space 85,679,853 $5,390,000 $3,800,000 $3,000,000 $300,000 Sanitary Sewer &Potable Water ' $26,344,407 $20,859,496 $24,433,863 $21,910,000 $4,823,733 Solid Waste $7,200,00 $950,000 $9,800,000 $0 $0 Stm•n»eater Management 814388,000 $500,000 $1,700,000 $1,700,000 $6,250,000 • 45t" Street Roadway Improvements = $14,400,000 • Jackie Robinson Training Complex /Walking Trail = $600,000 • Canal Treatment System North Relief Canal = $10,988,000 • Sandridge Clubhouse Renovations = $5,500,000 '3()1 A, . 4 Notable Capital Projects • Lost Tree Islands Conservation Area Enhancement=$3,990,000 • Emergency Operations Center = $3,375,000 • Broadband Expansion = $3,413,744 • Sheriff Headquarters Renovation = $5,200,000 One -Cent Local Option Sales Tax • In 2016 the BCC directed staff to commit to spending 20% of the proceeds of the first five years of the extended one -cent local option sales tax on lagoon -related projects. • The proposed 5 -year CIP allocates more than 20% of project one -cent local option sales tax revenue to lagoon related projects during FY 2021/22 —2025/26 ,�Ol A . 5 Lagoon Benefiting Projects Funded by One -Cent Local Option Sales Tax FY 21/22 — FY 25/26 • North Sebastian/Highlands/West Wabasso Sewer = $1,832,943 • Floravon Shores Septic to Sewer = $75,000 • Lost Tree Islands restoration, replanting = $2,400,000 • Indian River Lagoon Greenway wetland restoration = $300,000 • Jones Pier wetland creation, shoreline enhancement = $600,000 • North Relief Canal Treatment System, Stormwater Marsh Projects, TMDL Lagoon Treatment System = $22,388,000.00 • Hallstrom Farmstead water, sewer, restrooms = $600,000.00 Summary • Increased forecasted revenue • Project time frames extended, and project costs modified • Level of Service Standards maintained • 20% of the extended One -Cent Local Option Sales Tax in years 1, 2, 3, 4 and 5 allocated to lagoon related projects • CIE is consistent with the Comprehensive Plan • CIE is Financially Feasible ,3O/ R . 6 Recommendation That the Board of County Commissioners approve the update to the 5 Year Capital Improvements Program for the period FY 2021/22 — 2025/26 and supporting data and analysis of the Capital Improvements Element (CIE) of the Comprehensive Plan by adopting the proposed ordinance. Backup • Appendix A • Appendix B -D • CIE 3o i f -A .. Id6l INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Andrew Sobczak; Assistant Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: December 1, 2021 SUBJECT: Notice of Public Hearing Scheduled for January 11, 2022 Board Meeting for Concurrent Conceptual Planned Development (PD) Plan, Special Exception, and Preliminary PD Plan Approval for a Single -Family Residential Development It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 14, 2021. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: January ll, 2022: 1. Meritage Homes's request for concurrent conceptual planned development (PD) plan, special exception, and preliminary PD plan approval for 150 detached single-family homes at an overall density of 2.72 units per acre to be known Hampton Park PD [PD -21-04-04 / 2004040192 -88914] (Quasi -Judicial) RECOMMENDATION: The referenced public notice item is provided for the Board's information. No action is needed at this time. 302 �V E1? c Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Kathleen Keenan Legislative Affairs and Communications Manager DATE: December S, 2021 SUBJECT: 2022 Indian River County State Legislative Program BACKGROUND The 2022 Florida Legislative Session will convene in Tallahassee on Tuesday, January 11, 2022 and will run through March 11, 2022. Indian River County staff has put together a proposed legislative program which includes appropriations for the Ixora Park Sewer System Rehabilitation and Hobart Water Treatment Plant SCADA System Upgrade projects. In addition to specific policy issues, the proposed legislative program contains a number of guiding principles as well as a policy statement directing opposition to any legislative action which takes away the home rule authority of local governments in Florida. Upon adoption of the Indian River County 2022 State Legislative Priorities, County Commissioners and County Staff are authorized to advocate in support of those priorities before the Indian River County Legislative Delegation and the Florida Legislature as a whole. Additionally, staff has prepared a draft list of designated point persons and alternates for the 2022 State Legislative List of Priorities. The proposed list maintains the 2021 Designated Point Persons and Alternates, which is largely associated with previous board member committee assignments. Staff proposes removing the High -Speed Passenger Rail priority following the recent settlement agreement with Brightline, and adding new priorities focusing on Preemption and Water Infrastructure. RECOMMENDATION Staff recommends that the Board approve the final proposed Indian River County 2022 State Legislative Program. Staff also recommends the Board provide direction and guidance on the draft list of Designated 303 Point Persons and Alternates for the 2022 State Legislative Priorities, make any changes to the list and adopt the list with any applicable changes. ATTACHMENTS Indian River County 2022 State Legislative Program Draft Designated Point Persons and Alternates List for 2022 State Legislative Priorities 304 AUNTY .,C.' rR �G A 1ND�AAP41S;SRi��ati ON IL 2022 Stalz� Legislative Prog Indian River County Board of County Commissioners Adopted: Upon Board Approval V ER ��II !�!"''►11Gk 2022 Florida Legislative Session �LORY� i E3 The 2022 Florida Legislative Session will convene in Tallahassee, on Tuesday, January 11, 2022 and will run through March 11, 2022. Guiding Principles State Appropriation Requests Legislative Priorities Concerns Indian River County's State Delegation Senator Debbie Mayfield District 17 Representative Erin Grail District 54 306 EGEN T� LANE TO-BIAM Gu Win The ability to maintain home rule and to avoid unfunded mandates are central to Indian River County's state legislative priorities and Pri na pfes concerns. Indian River County works with the Florida Association of Counties (FAC) and other local governments across the State of Florida to advocate for these ideals. In general, the Indian River County Board of County Commissioners (BCC) supports FAC's legislative policy statements. • Indian River County BCC SUPPORTS maintaining the integrity of county home rule power, both administrative and fiscal, which allows counties to develop and implement community- based solutions to local problems. • Indian River County BCC OPPOSES any unfunded mandate legislation which would compel local governments to provide a service, program, or benefit without providing the appropriate monies or a funding source. 307 j�V ER a n Ixora Park Sewer System Rehabilitation State Requested Amount: $3,000,000 Appropriation The Ixora Park Sewer System Rehabilitation project will replace a Requests sanitary sewer collection system that has reached the end of its service life. Frequent failures of the system result in sink holes in the community's roadways, presenting a public safety hazard and service interruptions. The current system is comprised of 9,700 linear feet of vitrified clay pipe gravity sanitary sewer and 23 manholes adjacent to the South Relief Canal, a tributary of the Indian River Lagoon. The total projected cost of the project is $12.1 million. Hobart Water Treatment Plant SCADA System Upgrade Requested Amount: $402,725 This project will upgrade the electrical and supervisory control and data acquisition (SCADA) systems at the Hobart Water Treatment Plant so that both of the County's water treatment plants will be on the same SCADA system. This system enables plant operators to centrally and remotely access, monitor and perform systematic operations for all of the key processes used in water production. The total projected cost is $805,450. 308 Indian River Lagoon Legislative The 156 -mile -long Indian River Lagoon is one of the most biodiverse ecosystems in the nation and is a treasure for the Priorities State of Florida. The Lagoon provides an economic benefit by promoting tourism and creating recreational opportunities for residents. The Lagoon is also an important element in the protection of our environment, including endangered and protected plant and animal populations. The County hopes to continue its partnership with the State of Florida on future ventures that will reduce the nutrient load in the Lagoon so future generations can enjoy this natural wonder. Position: Indian River County BCC SUPPORTS policies that will enhance the economic wellbeing of Indian River County by treating and monitoring the health of the Lagoon; and SUPPORTS funding for projects, including septic to sewer conversions, that will aid in protection of the Lagoon. 309 Beach Restoration and Renourishment Le islative The Florida Department of Environmental Protection (FDEP) has a g Priorities Beach Management Funding Assistance Program to protect and restore the state's beaches. Erosion leaves miles of beaches, public infrastructure and upland development vulnerable to future storm events as well as impacting tourism. Currently, beach renourishment is funded via documentary stamps along with countless other programs. This leaves beach renourishment projects fighting every year for a very small piece of a large pie. Indian River County, like its sister counties to the north and to the south on Florida's east coast, has a natural nearshore hardbottom resource. This resource is classified as an essential fish habitat. It provides foraging and breeding grounds for juvenile fish. Indian River County's beach management plan is specifically customized to maximize the fill while minimizing the impact to the nearshore hardbottom resource. Position: Indian River County BCC SUPPORTS the creation of a newly dedicated and reoccurring statutory funding source for beach restoration and renourishment projects. 310 Legislative Broadband Internet Service Priorities The lack of broadband internet service in rural and underserved areas was a challenge for many households and businesses across the state during the COVID-19 pandemic. This created roadblocks for business expansion in rural and underserved areas of our community. It is imperative that these areas contain the infrastructure and service capability necessary to provide efficient internet service to residents. By working with the Florida Legislature, the Office of Broadband, and community stakeholders, Indian River County hopes to implement programs that will aid in providing efficient internet service to the rural and underserved communities within the County. Position: Indian River County BCC SUPPORTS legislation which directs the Office of Broadband to expand access to effective broadband internet service in rural and underserved areas; and SUPPORTS additional funding for grant programs and initiatives that promote access to effective broadband internet service in rural and underserved areas. 311 71 NvERc ORIVi Additional Affordable Housing SUPPORT the existing state housing trust funds for affordable Leislative housing programs, specifically the local State Housing g Initiatives Partnership (SHIP) and State Apartment Incentive Priorities Loan program (SAIL) and OPPOSE efforts by the legislature to not fully fund the state housing trust funds for affordable housing programs. Vacation Rentals OPPOSE policies that would preempt a local government's ability to have local ordinances related to vacation rentals. No -Discharge Zones SUPPORT' policies that create or establish No -Discharge Zones along the Indian River Lagoon, prohibiting boats from discharging treated or untreated sewage into the County's waterbodies. Sebastian River Improvement District The Sebastian River Improvement District's (SRID) purpose is to provide drainage and flood protection for Indian River County residents within their boundaries. The County is aware that SRID recently met or will meet the conditions of a financial emergency pursuant to Section 218.503, Florida Statutes. Indian River County BCC will MONITOR SRID's process of determining a financial emergency to ensure residents and tax payers are not negatively impacted. 312 Concerns Finance and Tax Policies Millage Rates OPPOSE policies that will negatively change the formula for calculating a local government's maximum millage rate; and OPPOSE policies that prohibit local governments from redeeming earned rolled back credits. Communications Service Tax SUPPORT policies that (1) modernize the Communication Service Tax in a manner that is revenue neutral; (2) simplify administration and collection of the tax; (3) provide for a broad and equitable tax base; provide for enhanced stability and reliability; and (4) provide the opportunity for market-based application. Shared Revenue Sources SUPPORT policies that consider impacts to the state revenues shared with counties for the provision of local services; and OPPOSE permanent modifications to state shared revenue sources or related funding formulas that would significantly impact the counties' ability to continue to fund local services. Tax Reform SUPPORT tax reform measures that simplify administration, enhance effectiveness to meet current and future public service demands, and provide an economic boost to Florida's taxpayers while at the same time consider and minimize the collective and cumulative negative impacts on local revenues. Local Preemption on Business Regulation and Taxes OPPOSE policies that would remove the authority for counties and municipalities to increase business tax rates or to impose additional business taxes in the future. 313 E3 Concerns Finance and Tax Policies Continued �ORIP Local Government Fiscal Responsibility_ OPPOSE policies that would negatively impact the collection of ad valorem taxes and other revenue sources. Constitutional Officers SUPPORT policies that provide adequate state funding for constitutionally prescribed county officers that are required to perform duties on behalf of the State of Florida; and SUPPORT an increase in transparency for Constitutional Officers' cost of providing services to taxpayers. Tourist Development Tax OPPOSE policies that mandate tourist development funds be diverted away from local communities, or impair the County's use of the funds for local tourist development. Fuel Taxes SUPPORT indexing local option fuel taxes to annual adjustments of the Consumer Price Index. County Funding of Court—Related Costs and Judicial Responsibilities SUPPORT policies to remove the automatic 1.5% increase in funding for Court related functions; SUPPORT policies to increase funding for service fees charged for recording documents and instruments to adequately fund the Court; and OPPOSE the use of local revenue sources to fund the State of Florida's judicial responsibilities. 314 * Concerns d= Administration Policies d= Local Government Accountability and Transparency_ SUPPORT policies that promote the provision of accurate and accessible NvERc �G2.c I administrative and fiscal public information in a manner that is fiscally responsible, publicly comprehensible, technologically efficient, and that does not constrain the effective administration of local services. Local Government Administration SUPPORT policies related to retirement, workers' compensation and other administrative systems based on sound and accurate data analyzed with consideration for state and local fiscal impact, fairness and accessibility for state and local employees, as well as, predictability and stability relative to market forces for the long-term effective management of state and local financial plans. State of Emergency_ OPPOSE policies that would inhibit the County's ability to provide services to the community immediately following a natural disaster including, but not limited to, employment policies. 315 Concerns Health, Human Services and Public Safety Policies Medicaid Services ORIV SUPPORT policies to establish a 3% cap on growth in the individual county Medicaid costs under s. 409.915, F.S., SUPPORT the provision determining the rate of overall growth of the County Medicaid cost share be maintained at 50% and not be changed to 100% of the rate of growth in the State Medicaid expenditures; and OPPOSE efforts to further shift state Medicaid costs to counties. Coverage For Emergency Services OPPOSE policies that would negatively impact the Indian River County Emergency Services District's ability to be reimbursed for providing advance life services and basic life services to patients who have out -of -network providers. Medical Examiners OPPOSE policies that prohibit medical examiners from charging a fee for examination and autopsy services that a medical examiner is required to perform by law for cremation services. First Responders SUPPORT the use of Critical Incident Stress Management Plans to assist first responders with psychological traumas including post-traumatic stress syndrome. Housing Assistance OPPOSE policies that require the establishment of a local government risk mitigation program. Certificates of Public Convenience and Necessity_(COPCN)_ OPPOSE policies relating to COPCNs which would negatively impact the County's Emergency Services District's ability to provide services. School Resource Officers SUPPORT the creation of a new dedicated and recurring statutory funding source to fully fund School Resources Officers (SRO) positions in all public schools. 316 E1 Concerns Environmental Resources and Water Policies Fracking E1 NvERc ORVpi OPPOSE state preemption of fracking activities; OPPOSE policies that create a public records exemption for proprietary information provided by drilling companies to the FDEP through FDEP's online chemical disclosure registry; and SUPPORT the ability of local governments to adopt local moratoriums on all new well stimulation activities, including hydraulic fracturing and acidization. Septic to Sewer SUPPORT continued funding for septic to sewer conversions to include all of the communities along the Indian River Lagoon. Derelict Vessels SUPPORT policies that would streamline the process to remove derelict vessels from the waterways of the State of Florida; and SUPPORT revised statutory authority and continued state funding for the enforcement and removal of derelict vessels, with emphasis on chronic offenders. Green Space Funds SUPPORT policies that add conservation lands to the list of greenspace areas eligible for funding related to management and the removal of exotic and nuisance native vegetation. 317 Concerns Growth Management and Infrastructure Policies Growth Management NvERc OPPOSE policies that would require local governments to incorporate additional goals, objectives, policies or elements into its comprehensive plan. ORIV Florida Building Commission SUPPORT policies that promote a fair and balanced Florida Building Commission which includes members from all of the industries regulated by the Florida Building Code, and OPPOSE policies that seek to limit the representatives on the Florida Building Commission. Impact Fees OPPOSE policies that would prohibit the collection of impact fees no earlier than the issuance of the certificate of occupancy or otherwise negatively impact the County's ability to use impact fees for infrastructure costs. Municipal Service Areas SUPPORT policies that provide where a county has, by ordinance, established one or more utility service areas in the unincorporated area and where the county has the current ability to provide service, a municipality may not provide utility services within such county service area(s) without consent of the county. Historic Dodgertown OPPOSE policies that would (1) inhibit the County's ownership rights or ability to use the Historic Dodgertown or (2) negatively impact the County's bonds associated with the Historic Dodgertown. 318 E3 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Susan Adams Joseph E. Flescher Joe Earman Peter D. O'Bryan Commissioner Commissioner Vice -Chairman Chairman District 1 District 2 District 3 District 4 ADMINISTRATION Jason Brown County Administrator Kathleen Keenan Legislative Affairs and Communications Manager 1801 27th Street I Vero Beach, FL 32960 Laura Moss Commissioner District 5 www.ircgov.com 319 Designated Point Persons and Alternates for 2022 State Legislative List of Priorities Topic Point Person Alternate Indian River Lagoon Commissioner Adams Chairman O'Bryan High Speed Passenger Rail Geffm3issienef Fleseher Biosolids- Pilot Program Chairman O'Bryan Recycling Commissioner Adams ,4 Beach Restoration and Nourishment Vice -Chairman Earman Short -Term Vacation Rentals State Housing Initiatives Partnership/ Affordable Housing Broadband Access Preemption Water Infrastructure Chairman O'Bryan Commissioner Moss Commissioner Adams Vice -Chairman Earman Commissioner Flescher Commissioner Moss Commissioner Adams Chairman O'Bryan Commissioner Flescher 320 1211412021 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney /J4 Of Ce Of County Attorney's Matters INDIAN RIVER COUNTY MEMORANDUM ATTORNEY TO: The Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: December 8, 2021 SUBJECT: Acquisition of Right -Of -Way from Christine L. Ford for Phase II of 66th Avenue Improvements — 7825 66th Avenue, Parcel 126 Christine Ford (Mrs. Ford) is the owner of a 7.35 acre improved ranchette home site on the west side of 66th Avenue, lying south of 81St Street as shown below as Figure 1. Figure 1. Ford property aerial photo The parcel is zoned A-1, Agricultural up to one residential unit per five acres and lies outside of the Urban Services Boundary. This property is roughly rectangular in shape with 588 feet of frontage along 66th Avenue and is 670 feet deep at its deepest point. The County needs to acquire 1.76 acres from Mrs. Ford, consisting of the east 130 feet of the parent tract. There are improvements located within the area of take consisting of: 321 Ford memo to BCC Parcel 126 December 8, 2021 Page 12 • A 3 -bedroom, 2 -bath wood frame single family home • A 30 by 20 -foot concrete swimming pool and spa • Numerous mature oak and palm trees • 130' concrete driveway with connections to 66th Avenue and to car port • A 30 x 12' bunkhouse single story structure • Extensive landscaping and fencing Please see the sketch and legal description attached to the Agreement that is included with this memorandum. The County's appraisal for Parcel 126 was performed by Armfield & Wagner. A 2017 appraisal assigned value for the partial take of $375,000. A copy of the appraisal is available for review at the Board of County Commissioners Office. The appraisal used the comparable sales approach in establishing a value for the land and improvements within the area of take. The comparable sales method is the most common method used in valuating real estate. However, the replacement cost approach to value a home is also used when the home has unique characteristics that would not be addressed using the comparable sales method. The Ford residence has wide plank wood flooring, pecky cypress paneling, stone fire place, solid wood doors and other features not commonly found in more modern Florida homes. In order to reach a fair settlement with Mrs. Ford, an appraiser and a general contractor were hired to do a replacement cost estimate of the Ford home. In a report dated September 24, 2021, Haynes Valuation Services, LLC, estimated the replacement cost of the residential improvements to be $755,700. A copy of this report is available for review at the Board of County Commissioners Office. Through negotiations with Mrs. Ford's attorney, Raymer McGuire, the $755,700 is the full settlement amount, including severance damages, purchase of the 1.76 acres of property, and all improvements located within the area of take. Mrs. Ford will be given one year of extended possession at no cost so she will be able to complete her plan of construction a new residence on the remainder parcel. The County would pay the remaining terms of the settlement as follows: • Appraisal fees in the amount of $2,887.00 to Calhoun, Dreggors & Associates, Inc. • Contractor fees in the amount of $2,700.00 to Ovation Construction, Inc. • Replacement cost and valuation fees to Haynes Valuation Services, LLC, in the amount of $5,775.00. • Civil engineering fees to M.E.I. Civil, LLC, in the amount of $1,084.13 • Attorney's fees in the amount of $45,342.00 representing 6% of the purchase price to Maguire Eminent Domain, P.A. The total of the costs for this settlement are $12,446.13. The total cost of the settlement to the County is $813,488.13. By accepting the settlement and purchasing the property in advance of filing a lawsuit, staff is attempting to save on expert witness fees incurred by both the County and Mrs. Ford. As noted in the past, expert witness fees for both parties often exceed $100,000 by the time the suit is ready for trial, not inclusive of legal fees incurred by Mrs. Ford and the County. Pursuant to state statutes, the County is responsible for reasonable expert witness fees of Mrs. Ford, as well as attorney's fees for her counsel. The County has incurred significant savings by not having to hire our trial attorney and witnesses: appraiser, engineer, landscape architect and land planner. Since the parties reached the Agreement to Purchase and Sell Real Estate ("Agreement" attached) through negotiations with the attorneys, this Agreement settles the case in full; business damages, 322 Ford memo to BCC Parcel 126 December 8, 2021 Page 13 severance damages, payment to the property owner for the area of take, cost to cure for the improvements that are in the area of take, experts' costs, and attorney's fees. STAFF RECOMMENDATION: Staff recommends the Board approve the Agreement to Purchase and Sell Real Estate for Mrs. Ford's property and authorize the Chairman to execute the document on behalf of the Board. FUNDING: Funding in the amount of $813,488.13 for the acquisition is budgeted and available from Traffic Impact Fees/District I/ROW/66th Ave/69th Street — 85th Street, Account # 10215141-066120-16009. Attachments: Agreement to Purchase and Sell Real Estate with attachments Copy to: Raymer McGuire, Esq. 323 AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT is entered into as of the day of December, 2021, by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960 ("County"), and Christine L. Ford, whose address is 7825 66th Avenue, Vero Beach, FL 32967 ("Ford"). WHEREAS, Ford owns a 7.35 -acre parcel of improved land located at 7825 66th Avenue, Vero Beach, FL 32967 on the west side of 66th Avenue and north of 77th Street as depicted on the aerial photo attached as Exhibit "A"; and WHEREAS, the parcel is zoned A-1, Agricultural, up to one residential unit per five acres and lies outside of the Urban Services Boundary; and WHEREAS, County is undertaking a road expansion project consisting of the widening of 66th Avenue north of 69th Street to County Road 510, for which County needs a 1.76 -acre parcel of property (Property) at the eastern edge of the parcel to be used as right-of-way; and WHEREAS, in order to avoid the uncertainty of trial and the costs of litigation, the Parties have agreed to purchase and sell the above parcel of Property to be used for the second phase of the 66th Avenue Improvement Project. NOW THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: Recitals. The above recitals are true and correct and are incorporated herein. 1. Agreement to Purchase and Sell. Ford hereby agrees to sell to the County, and the County hereby agrees to purchase from Ford, upon the terms and conditions set forth in this Agreement, the 1.76 -acre parcel of real property and more specifically described in Exhibit "B" attached and incorporated by reference herein. 2. Purchase Price; Effective Date. The purchase price (the "Purchase Price") for the Property shall be SEVEN HUNDRED FIFTY-FIVE THOUSAND, SEVEN HUNDRED DOLLARS ($755,700.00). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, by the Indian River County Board of County Commissioners at a formal meeting of such Board. 3. Title to the Property. Ford shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Ford; but subject to property taxes for the year of Closing and subject to covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any 324 of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property. 4.0 County may order an Ownership and Encumbrance Report with respect to the Property. County shall, within thirty (30) days from receipt of the Ownership and Encumbrance Report, deliver written notice to Ford of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Ford cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Ford shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Ford, to: (i) terminate this Agreement, whereupon it shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 5. Representations of Ford. 5.1 Ford is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title and authority to convey and transfer the Property, which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 5.2 From and after the Effective Date of this Agreement, Ford shall take no action which would impair or otherwise affect title to any portion of the Property, and, except for documents related to construction of her new home and replacement structures, shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 5.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 6. Default. 6.1 In the event that Ford shall fail to perform any of its obligations hereunder, the County shall be entitled to: (i) terminate this Agreement by written notice delivered to Ford at or prior to the Closing Date, and pursue all remedies available hereunder and under applicable law; (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive Ford's default and proceed to Closing. 6.2 In the event of a default by the County, Ford shall be entitled, as its sole remedy hereunder, to terminate this Agreement. Ford shall have no claim for specific performance, damages or otherwise against the County. 7. Closing. 325 7.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows: (a) Ford shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraphs 3 and 4 respectively. (b) Ford shall be entitled to one year of extended possession without compensation and at the end of the one year period, shall have removed all of her personal property and equipment from the Property and shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof, except that Ford may through the extended possession salvage doors and cypress wood from inside the house as long as the property is still capable of being locked up and secured from squatters during extended possession and thereafter. The Parties shall enter into a mutually agreeable lease at the time of closing. (c) If Ford is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) Ford shall deliver to the County an affidavit, in form acceptable to the County, certifying that Ford is not a non-resident alien or foreign entity, such that Ford and such interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) Ford and the County shall each deliver to the other such other documents or instruments as may reasonably be required to Close this transaction, including any corrective documents. 7.2. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. County shall pay the following expenses at Closing: (a) The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. (b) Documentary Stamps required to be affixed to the warranty deed. (c) All costs and premiums for the owner's marketability title insurance commitment and policy, if any. (d) Appraisal fees in the amount of $2,887.00 to Calhoun, Dreggors & Associates, Inc. (e) Contractor fees in the amount of $2,700.00 to Ovation Construction, Inc. (f) Replacement cost and valuation fees to Haynes Valuation Services, LLC, in the amount of $5,775.00. (g) Civil engineering fees to M.E.I. Civil, LLC, in the amount of $1,084.13 (h) Attorney's fees in the amount of $45,342.00 representing 6% of the purchase price to Maguire Eminent Domain, P.A. 3 326 8. Prorations. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by Ford. If the Closing Date occurs during the time interval commencing on November 2 and ending on December 31, Ford shall pay all current real estate taxes and special assessments levied against the Property, prorated based on the "due date" of such taxes established by the taxing authority having jurisdiction over the Property. If the Closing Date occurs between January 1 and November 1, Ford shall, in accordance with Florida Statutes Section 196.295, deposit into escrow with the Tax Collector, an amount equal to the current real estate taxes and assessments, prorated to the Closing Date. 9. Miscellaneous. 9.1 Controlling Law, This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Conveyance in Lieu of Eminent Domain. It is understood by the parties that this contract is entered into by Ford under the threat and in lieu of condemnation. 9.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between Ford and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.4 Assignment and Bindinq Effect. Neither County nor Ford may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Ford: Christine L. Ford 782566 th Avenue Vero Beach, FL 32967 If to County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Public Works Director 4 327 Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.7 The County shall construct its project substantially in conformity with the attached road construction line plans. (See Exhibit "C" attached). Accordingly, if the project is not so implemented, Sellers shall have the same remedies as would have been afforded to them had the case been resolved by verdict with said plans and specifications (Exhibit "C") having been made a part of the record at trial. Central & Southern Florida Flood Control District v. Wye River Farms, Inc., 297 So.2d 323 (Fla. 4th DCA 1974); cert denied 310 So.2d 745 (Fla. 1975). 9.8 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs and expenses. 9.9. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.10. County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.11 Post Acquisition Status of Lot. This Agreement shall serve as a letter stating that the 5.59 -acre parcel remaining after the purchase of the 1.76 -acre right-of- way property shall be considered a buildable lot, as provided by Indian River County Code §904.05(4). SIGNATURES ON THE FOLLOWING PAGE 328 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth below. AS TO FORD: By: Christine L. Ford Date Signed: ATTEST: Jeffrey R. Smith, Clerk of the Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 52-01-VER\24 31 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman Date Signed: Indian River County Administrator By: Jason E. Brown 329 iyq December 14, 2021 ITEM 14.B.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 08, 2021 SUBJECT: Vero Beach Air Show's Request for Use of County Administration Building and Grounds for Volunteers during Air Show FROM: Peter D. O' Bryan, Chairman Commissioner, District 4 Discussion Item: The Vero Beach Air Show is requesting to use the County Administration Building and Grounds for volunteers working the Air Show. 330 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: December 2, 2021 To: Jason E. Brown, County Administrator From: Matt Jordan, Interim Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Amendment No. 1 to Wastewater Treatment Agreement with Indian River Sustainabiilty Center Descriptions and Conditions: On July 13, 2021, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board approved the Wastewater Treatment Agreement between SWDD and Indian River Sustainability Center, LLC (IRSC), which consists of Heartland Water Technology, Inc., Proximo Energy, and Indian River Eco District, LLC. This agreement is for the design, construction, and operation of a 30,000 gallon per day evaporation plant to treat the landfill leachate on-site rather than sending it to the IRC West Regional Wastewater Treatment Plant. The project design by IRSC is underway; however, there are some changes that both parties desire to formalize as Amendment No. 1 to the Wastewater Treatment Agreement. The purpose of this agenda item is to obtain SWDD Board approval of the amendment. Analysis: Both SWDD staff and IRSC are in agreement to formalize the following changes in the attached Amendment No. 1 to the Wastewater Treatment Agreement: 1. Under the Wastewater Treatment Agreement, the leachate infeed pump directing Landfill Fluids from the Infeed Tank to the Heartland Concentrator TM System was to be supplied by the SWDD. Now the responsibility for the design, procurement, and installation of this pump, including controls will shift to IRSC from SWDD. 2. Under the Wastewater Treatment Agreement, IRSC was to be responsible for purchasing and installing the LFG pipe header from the LFG collection system to the Heartland Concentrator'" System (LFG Piping). The Parties have now determined that it would be advisable for SWDD to furnish and install the LFG Piping and take overall responsibility for dewatering the landfill gas coming to the LFG Piping (e.g., knock out pots) instead of IRSC. 3. It is necessary to modify/update the division of responsibilities (DOR) chart in the Wastewater Treatment Agreement to reflect the above changes. SWDD Agenda - Amendment No. 1 to Wastewater Treatment Agreement with Indian River Sustainability Center Page 1 of 2 331 SWDD Item 4. There is a minor section numbering error in Section 4 of the Wastewater Treatment Agreement that the Parties would like to fix in this Amendment. As a result of the changes described in Items 1 and 2 above, there is a credit of not to exceed $240,000 from IRSC to SWDD that will be applied after the evaporation plant is commissioned. Staff recommends approval of Amendment No. 1 to the Wastewater Treatment Agreement. Funding: Funding for the SWDD Leachate Treatment is budgeted and available in the SWDD/Landfill/Other Contractual Services account, number 41121734-033490, which is funded from SWDD assessments and user fees. The account has a total budget of $1,100,000 for leachate pretreatment for the 2021/2022 fiscal year. Description Account Number Amount SWDD/Landfill/Other Contractual Services 41121734-033490 $1,100,000 Recommendation: Solid Waste Disposal District (SWDD) staff recommends that the Board: a) Approve the Amendment No. 1 to Wastewater Treatment Services Agreement between SWDD and Indian River Sustainability Center, LLC; and b) Authorize the Chairman to sign upon approval of legal sufficiency by the County Attorney. Attachment (s): Amendment No. 1 to Wastewater Treatment Services Agreement SWDD Agenda - Amendment No. 1 to Wastewater Treatment Agreement with Indian River Sustainability Center Page 2 of 2 332 AMENDMENT NO. 1 TO WASTEWATER TREATMENT AGREEMENT This Amendment No. 1 ("Amendment") to Wastewater Treatment Agreement is made and entered into this of December, 2021 (the "Effective Date") by and between the Indian River County Solid Waste Disposal District, a special dependent district of Indian River County, Florida (the "District") and Indian River Sustainability Center, LLC ("IRSC" or the "Company"). All capitalized terms used herein but not otherwise defined will have the meanings ascribed to them in the Wastewater Treatment Agreement. WHEREAS, on July 13, 2021, the District and IRSC (collectively, the "Parties") entered into the Wastewater Treatment Agreement which governs the interaction, rights and responsibilities of the District and IRSC with respect to designing, furnishing and operating a wastewater treatment plant (collectively, the "Evaporation Plant") to treat landfill leachate from the District's landfill located in Vero Beach FL (the "Landfill"); and WHEREAS, the Parties now desire to make four (4) changes to the Wastewater Treatment Agreement as more fully described in this Amendment (as contemplated in Section 5.2 of the Wastewater Treatment Agreement): 1. Under the Wastewater Treatment Agreement, the leachate infeed pump directing Landfill Fluids from the Infeed Tank to the Heartland Concentrator" System was to be supplied by the District. Now the responsibility for the design, procurement, and installation of this pump, including controls will shift to IRSC from the District. 2. Under the Wastewater Treatment Agreement, IRSC was to be responsible for purchasing and installing the LFG pipe header from the LFG collection system to the Heartland Concentrator TM System ("LFG Piping"). The Parties have now determined that it would be advisable for the District to furnish and install the LFG Piping and take overall responsibility for dewatering the Landfill Gas coming to the Heartland Concentrator System (e.g., knock out pots) instead of IRSC. 3. It is necessary to modify/update the Division of Responsibilities "DOR" chart in the Wastewater Treatment Agreement to reflect the above changes. 4. There is a minor section numbering error in Section 4 of the Wastewater Treatment Agreement that the Parties would like to fix in this Amendment. NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed between the District and IRSC as follows: SECTION 1. Article 3.2 - The Company's ,Responsibilities and Obligations of the Wastewater Agreement is amended to add 3.2 (f): "(f) The District will no longer be supplying the leachate infeed pump directing Landfill Fluids from the Infeed Tank to the Heartland Concentrator" System. Specifically, IRSC will now be responsible for designing, procuring, and installing this pump, including controls. The District will still need to provide a flanged connection on the discharge of the Infeed Tank to allow IRSC to connect the pump suction to the outlet of the tank." P3�33 of 4 SECTION 2. Article 3.3 - The District's Responsibilities and Obligations of the Wastewater Agreement is amended to add 3.3 (h): "(h) The District will be responsible for (i) designing, purchasing and installing the LFG pipe header from the LFG collection system to the Heartland Concentrator TI System at required pressure and flow (as stipulated in Article 3.3 (f) of the Wastewater Agreement), including modifications to LFG blowers, controls,... etc.; (ii) connecting the LFG supply line from the discharge of the blower system, trenching, and installation of the LFG Piping to the Heartland Concentrator" System; and (iii) all de -watering requirements of this LFG piping (including knock -out pots). Scheduling Impact: While IRSC's related activity is not expected to have any scheduling impact, overall startup of the Heartland Concentrator TM System (running on LFG) will be dependent on the District's ability to have the LFG Piping installed to meet IRSC's schedule." SECTION 3. Article 3.1 — Division of Responsibilities of the Wastewater Agreement and its associated attachment (Appendix C — Part 2) is hereby deleted and replaced with the following: "3.1 Division of Responsibilities. A detailed Revised DOR is attached to this Agreement as Appendix C — Part 2. " SECTION 4. The duplicate numbering of Article 4.2 in the Wastewater Agreement is hereby changed to "Article 4.3 Payment and Most Favorable Pricing Mechanism" and subsequently the next sequential article is changed to "Article 4.4 Escalation Mechanism". No other changes beside this numbering change is required. SECTION 5. A new Article 5.2 (a) is hereby added to the Wastewater Agreement. "5.2 (a) The price adjustment for the scope shift identified in Article 3.2 (f) and Article 3.3 (h) results in a credit being issued to the District which credit will not to exceed $240,000 (the "Credit"). The final amount of the Credit will be determined based on the actual cost incurred by the District to complete the Section 2 changes. In the event the actual cost is less than $240,000 in the aggregate, the Credit will be reduced to the actual cost of the Section 2 changes; if the actual cost of the Section 2 changes exceeds $240,000, the Credit will be $240,000 (such final amount of the Credit to be referred to herein as the "Total Credit"). The Total Credit will be applied by IRSC starting with the first Monthly Service Fee due after the plant is commissioned as follows: each month, IRSC would reduce the Monthly Service Fee by 1/6`h of the Total Credit amount until the Total Credit has been fully applied, after which the Monthly Service Fee will revert to the amount contemplated in the Wastewater Treatment Agreement. SECTION 6. Appendix C- part 2 attached to the Wastewater Treatment Agreement is replaced with the Revised Appendix C _ Part 2, attached to this Amendment. [EXECUTIONS CONTINUED ON FOLLOWING PAGE] P3$34 of 4 This Amendment is effective on the date first written above. Except as expressly modified by this Amendment, all other terms of the Wastewater Treatment Agreement remain in full force and effect. ATTEST: Jeffrey R. Smith, Clerk By: Deputy Clerk APPROVED: By: Jason E. Brown County Administrator APPROVED AS TO LEGAL FORM AND SUFFICIENCY: By: Dylan Reingold County Attorney WITNESSES: INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT By: Peter D. O'Bryan, Chairman District Approved: INDIAN RIVER SUSTAINABILITY CENTER, LLC By: Heartland Water Technology, Inc., its Managing Member Name: Susan C. Portin Title: SVP, Business and Legal Affairs Date: APPROVED: By: Name: Alain Castro Title: Managing Partner, Proximo Energy Managing Partner, Indian River Eco District Date: Pages of 4 APPENDIX C — PART 2: REVISED DOR Division of Responsibilities Scope of Work Description Company District Concentrator & Flare, Hot Gas Transfer Equipment HGTE - Design & Fabr cation X hfeed Tank X hfeed Pum (s) X Processed Residual Tank(s)- Design & Supply X Concentrator & Flare, HGTE, Processed Residual Tank(s)- Transportation to Site, CIP per Incoterms 2010 X Landfill Gas(LFG) and Nat Gas supply for thermal energy, LFG Blower and Controls (if needed)- Supply and Installation (a) & (b) X Wastewater Storage Tank(s), Wastewater Supply Pump(s), Electrical & Utilities Connection a & c X hfeed Wastewater X Chemical Storage Tanks (a) X Site Works: Site Preparation (Earthworks, Foundations, Containment) b X Containment Sump and Sump Pump b X Project Management and Detailed Engineering X Concentrator System- Installation, Mechanical & Electrical Site Works X Crane/Manlift Rental for Equipment Unloading & Installation X Heat Trace & Insulation (as needed) X Other miscellaneous site M&E interconnecting materials (e) X X On-site Technical Advisory Support during equipment installation critical milestones X Remote monitoring and control system X Utility Supply (LFG/ Nat Gas, Electricity, Service Water) (a) X Processed Residual Tank(s) & Disposal b X Permitting, Emissions Monitoring X Site Safety Equipment X Concentrator System Commissioning & Start-up X Day -to -Day Operation and Maintenance of Concentrator System, including Consumables d X Other Miscellaneous Items e X X (a) Major items includes mainly: Residual management and disposal, chemical storage tanks, utility supply, routing of Landfill Gas (LFG) and Nat Gas to Company flare at required pressure and flow, including modifications to LFG blowers, controls,... etc. (b) Company will provide the Residual Tank(s) as part of its scope of work. Earthworks, foundation, secondary containment, containment sump and sump pump; During operation, Developer will notify IRC SWDD when Residual Tank(s) must be emptied, and IRC SWDD via its on-site logistics partners will transport the Processed Residual to the top of landfill and dispose in landfill. (c) The point of connection is the Concentrator skid; electrical includes 480VAC service. (d) Developer plans to have 1-2 fully trained site engineers at site full-time. Con.>umables include antifoam, CIP, lubricant, etc. (e) Such as site engineering services, permitting, Processed Residual disposal, construction tools, power & consumables, equipment rentals, etc. P3-36 of