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HomeMy WebLinkAbout10/18/2022vERc\ 010 �LORIO Qi, K BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, OCTOBER 18, 2022 - 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 H. Earman, Vice Chairman, District 3 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Joseph Flescher, District 2 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.11. INVOCATION Rev. Dr. Crystal Bujol 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring the 2022-2023 Indian River County Fire Rescue Firemedic, Engineer and Lieutenant of the Year Attachments: Proclamation 5.B. Presentation of Proclamation for Community Planning Month Attachments: Proclamation For Community Planning Month 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION October 18, 2022 Page 1 of 5 8.I. Revision to Administrative Policy AM -205.1 Probation and AM -702.1 Sick Leave Attachments: Staff Report 205.1. Probation 2022 Draft 205.1. Probation 2022 Markup 702.1 Sick Leave 2022 Draft 702.1 Sick Leave 2022 Markup 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. IRC Sheriff Flowers re: Sheriffs Office Response to Hurricane Ian Attachments: Sheriffs Memorandum 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Public Hearing to Consider an Ordinance Establishing the LP Community Development District- LEGISLATIVE Attachments: Staff Report Petition to Establish LP CDD LP Administrative Approval DRAFT Ordinance CDD- LP B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. Notice of Public Hearing Scheduled for November 1, 2022: Proposed LDR Amendment Allowing Automobile Parking and Storage as an Administrative Permit Use in the PRO, OCR, MED, CN, and CL Zoning Districts (LEGISLATIVE) Attachments: Staff Report 10.C.2. Notice of Public Hearing Scheduled for November 1, 2022: Proposed LDR Amendment Revising the Unwalled Boat Shelter Size Restrictions to be Consistent with State and Federal Jurisdictional Agency Requirements (LEGISLATIVE) Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development October 18, 2022 Page 3 of 5 12.A.1. Consideration of the Land Use Visioning Study and Follow -Up Action Attachments: Staff Report Draft Land Use Visioning Study Final Report 12.A.2. Redevelopment of Gifford Gardens Attachments: Staff Report Habitat for Humanity Redevelopment Proposal B. Emergency Services C. General Services 12.C.1. Permission to Advertise Amending Indian River Code Chapter 205. - Parks and Recreation Attachments: Staff Report D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works H. Utilities Services 12.11.1. Recommendation for Mandatory Connections Attachments: Staff Report 13. COUNTY ATTORNEY MATTERS 13.A. Time Certain 10:30 am -- Client Session Relating to INDIAN RIVER COUNTY v. TWENTY-TWO BEACHFRONT PROPERTIES LOCATED BETWEEN, AND INCLUDING, 9586 DOUBLOON DR., AND, BUT NOT INCLUDING, 1820 WABASSO BEACH RD., VERO BEACH, FLORIDA, 32963 (Case No.: 312018 CA 000881) Attachments: Staff Report 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman B. Commissioner Joseph H. Earman, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS October 18, 2022 Page 4 of 5 A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Eighteenth Amendment to Republic Services Attachments: Staff Report Eighteenth Amendment 15.B.2. Approval for Continued Off -Site Disposal of Concentrated Leachate Attachments: Staff Report 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. October 18, 2022 Page 5 of 5 PROCLAMATION Honoring the 2022-2023 Indian River County Fire Rescue Firemedic, Engineer and Lieutenant of the Year WHEREAS, on December 17, 1923, local volunteers established the first fire department in Indian River County, and WHEREAS, over the course of the past century, the department transitioned from volunteer to career personnel; from a department crewed solely by trained Firefighters to today's crews who are dual certified in firefighting and emergency medical response as well as being trained in a multitude of specialized disaster response scenarios on both land and sea; and WHEREAS, in 2021, the leadership of Indian River County Fire Rescue reinstituted the long-standing tradition of annually recognizing those among their ranks who perform their duties in a manner that. exemplifies a competency reflecting the highest of standards; supports fellow Firemedics in achieving their goals; supports the department's policies and regularly demonstrates the ability to lead or follow based upon the existing circumstances; and WHEREAS, Indian River County Fire Rescue is proud to announce the award recipients for 2022-2023: Firemedic of the Year, Julian Figueroa; Engineer of the Year, Stacy Zedek; and Lieutenant of the Year, Jason Judson. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board supports the efforts of our Fire Rescue Department to publicly commend those members whose dedication, loyalty, productivity and professionalism have been recognized by their co-workers. BE IT FURTHER PROCLAIMED that the Board of County Commissioners is grateful to all of our Indian River Countyfirst responders and the valuable services they provide to the residents of our community. Adopted this 18th Day of October 2022. BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman PROCLAMATION DESIGNATING THE MONTH OF OCTOBER 2022 AS COMMUNITY PLANNING MONTH IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, change is constant and affects all cities, towns, suburbs, counties, boroughs, townships, rural areas, and other places; and WHEREAS, community planning and plans can help manage this change in a way that provides better choices for how people work and live, and WHEREAS, community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community; and WHEREAS, the full benefits of planning require public officials and citizens who understand, support, and demand excellence in planning and plan implementation; and WHEREAS, the month of October is designated as National Community Planning Month throughout the United States ofAmerica and its territories, and WHEREAS, American Planning Association endorses National Community Planning Month as an opportunity to highlight how planning is essential to recovery and how planners can lead communities to equitable, resilient and long-lasting recovery, and WHEREAS, the celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the improvement of Indian River County; and WHEREAS, we recognize the many valuable contributions made by professional community and regional planners of the State of Florida, and especially of Indian River County, and extend our heartfelt thanks for the continued commitment to public service by these professionals; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDL4 N RI VER COUNTY, FLORIDA, that the month of October 2022 is hereby designated as Community Planning Month in Indian River County in conjunction with the celebration of National Community Planning Month. Adopted this `h day of October 2022. BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA Peter O'Bryan, Chairman 2 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney 74 Informational Matters - B.C.C. 10. 4.22 Office of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 22, 2022 SUBJECT: Resolution 2022-48 On August 16, 2022, the Indian River County Board of County Commissioners approved Resolution 2022-48, cancelling taxes on a property in the City of Fellsmere. After adoption, it was noticed that the Book referenced in the resolution was incorrect. The Book referenced in the resolution was 3153, but should have been 3513. The resolution has been corrected and a revised version was executed. C:IGmnlcwUV&arJIL5ITempI5003959-Olid-44/7-ac10e9696/e69861.&v purchased from: Melissa and Jonathan Anthony Marrero public purpose: Stormwater tax parcel portion of #31-37-00-00001-1441-00003.0 RESOLUTION NO. 2022- 048 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by the City of Fellsmere from Melissa Marrero and Jonathan Anthony Marrero, for stormwater purposes, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Warranty Deed describing lands, recorded in O.R. Book 3513, Page 2401 of the Public Records of Indian River County, Florida. 1 4 RESOLUTION NO. 2022- 048 The resolution was moved for adoption by Commissioner Flescher, and the motion was seconded by Commissioner Earman, and, upon being put to a vote, the vote was as follows: Commissioner Peter D. O'Bryan AYE Commissioner Joseph H. Earman AYE Commissioner Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Laura Moss ABSENT The Chairman thereupon declared the resolution duly passed and adopted this 1611 day of August, 2022. ••O•...• BOARD OF COUNTY COMMISSIONERS�� ' INDIAN RIVER COUNTY, FLORIDA By/ + o eter D. O'Bryan, Chairmah ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By:?lt�tr� Deputy terk Tax Certificates Outstanding _ X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ Approved as to form and legal sufficiency: By: I'"_ '-Dylan Reingold County Attorney 2 5 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / ORID�% Department of General Services Library Services Division Date: October 6, 2022 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Elizabeth Stenger, Director of Library Services Subject: Fellsmere Library Saturday Hours DESCRIPTION Informational Item BCC Meeting 10-18-2022 In our efforts to provide library services and access to information for all communities in Indian River County, the Indian River County Library System will be expanding hours at the Marion Fell Library Fellsmere Branch to include Saturdays from 10:00 AM to 2:00 PM beginning October 22, 2022. Marian Fell Library (updated hours) Tuesday & Thursday: 1:00 PM -5:00 PM Saturday: 10:00 AM to 2:00 PM AGENDA ITEM FOR OCTOBER 18.2022 C CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 23, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Approval of UniFirst Customer Service Agreement and Addendum BACKGROUND: On July 14, 2015, the Board approved a Customer Service Agreement for uniform rental services with UniFirst. The effective term commenced On October 19, 2015, when installation was complete, and expired on October 18, 2020. Two of the five one-year extensions were executed, with the current term expiring on October 18, 2022. No requested increases to pricing were presented by Unifirst during any of the terms of that agreement. Staff has been satisfied with the service and uniforms provided by UniFirst, but would like to enter a new agreement to facilitate replacement of the bulk of uniforms in use, as well as to enable departments to change styles of uniforms. Each department has been working with UniFirst over the past few months to identify any desired changes. The new agreement is based on an RFP competitively awarded by the Sourcewell cooperative group, to which the County belongs. The term of the new agreement is 60 months, with subsequent 60 -month terms to be brought before the Board for approval approximately 120 days prior to the effective date. Staff has negotiated modifications to the agreement that are memorialized in an addendum. FUNDING Funding will come from applicable department uniform accounts. Pricing for many uniform and supply items have increased, but others have remained the same, or decreased. Dept. Work Group Current weekly cost New weekly cost % change in cost New weekly cost with style changes % change in cost UTIL Utilities Ops $345.30 $481.37 39% $639.61 85% UTIL CRWWTF $24.27 $29.40 21% UTIL SRWWTF $19.92 $24.00 20% 7 Dept. Work Group Current weekly cost New weekly cost % change in cost New weekly cost with style changes % change in cost UTIL WRWWTF $19.17 $25.40 32% UTIL NCRO $37.70 $47.05 25% UTIL SCRO $30.41 $37.20 22% Gen Svcs NCAC $6.16 $9.37 52% Gen Svcs Sandridge $2.94 $5.51 87% Gen Svcs Parks $97.64 $119.00 22% $126.98 30% Emer Svcs Fire $20.80 $25.68 23% Pub Wks Traffic Engineering $11.43 $12.93 13% $9.41 -18% Pub Wks Traffic Ops $43.65 $51.06 17% $61.43 41% Pub Wks Survey/ Engineering $31.06 $35.43 14% Pub Wks Facilities $70.10 $77.27 10% Pub Wks Fleet $60.00 $68.29 14% Pub Wks Road & Bridge $186.53 $229.16 23% Weekly totals $1,007.08 $1,278.12 1 27% $1,469.19 46% RECOMMENDATION Staff recommends the Board of County Commissioners approve the Customer Service Agreement and Addendum, and authorize the Chairman to execute them after the County attorney has approved them for as to form and legal sufficiency. ATTACHMENTS Customer Service Agreement Addendum to Customer Service Agreement PAGE 1 OF 2 UniFirstNEWACCOUNT ❑ EXISTING ACCOUNT El INSTALLATION DATE MMlDD/YWY CUSTOMER SERVICE AGREEMENT COMPANY NAME (Customer) Indian River County LOC. NO. ADDRESS 1801 27th Street ROUTE NO. Vero Beach, PL 32960 DATE PHONE (772) 226-1575 SIC/NAICS The undersigned (the "CUSTOMER") orders from UniFirst Corporation and/or UniFirst Holdings, Inc. d.b.a. UniFirst and/or UniFirst Canada LTD. ("UNIFIRST") the rental service(s) at the prices and upon the conditions outlined: Garment preparation per piece Name emblem per piece Company emblem per piece Direct Embroidery: Wearer name per piece Company name per piece Non -stock sizes per piece Special cuts per piece Restock/Exchange per piece Automatic Wiper Replacement Automatic Linen Replacement DEFE (See description on reverse side) $2 PAYMENT TERMS: C.O.D.❑ E.F.T. ❑ Approved Charge'❑ Approved charge: CUSTOMER agrees to make payments within 30 days ITEM DESCRIPTION LOST/ DAMAGED REPLACEMENT CHARGE SERVICE FREOUENCY NO. OF PERSONS/ ISSUE PER PERSON TOTAL NO. OF CHANGES/ PIECES PRICE PER CHANGE/ PIECE STANDARD' NOW ' STANDARD TOTAL FULL SERVICE TOTAL VALUi All pricesPer Sourcewell Contract #040920 LOCATION MANAGER ISignsaae) DATE _ CUSTOMER (RIM Near and TI1W LOCATION MANAGER (RfM Name and Title) EMAIL ' Ouesims of otherv/se Standard Merchandise are deemed to be NonStanderd Merchandise. ' All returned checks and declined c adlVdebit cards subject to $35 processing tee. a MenYrndise which isVaW-Leased is not cleaned by UniFirst. 6This Agreement is effective Doty upon—ptance by Urahrst Location Manager. (� 'Charge statue condngem upon continuing credit mrthlnws and may be revoked at UniRrsYs discretion. �J Minimum weekly charge applies, equal to 75% of the initial weekly install value. Garment preparation per piece Name emblem per piece Company emblem per piece Direct Embroidery: Wearer name per piece Company name per piece Non -stock sizes per piece Special cuts per piece Restock/Exchange per piece Automatic Wiper Replacement Automatic Linen Replacement DEFE (See description on reverse side) $2 PAYMENT TERMS: C.O.D.❑ E.F.T. ❑ Approved Charge'❑ Approved charge: CUSTOMER agrees to make payments within 30 days The undersigned agrees to all terms on the reverse and attests to have the of irmice receipt. A late charge of 1'h% per month (18% per year) for any authority to execute for the named CUSTOMER, and to approve use of any amount in arrears may be applied.` personalization—including logos or brand identities—that has been requested. SALES REP: ACCEPTED: SALES REP li Name) DATE CUSTOMER ISig—.) DATE ACCEPTED°: LOCATION MANAGER ISignsaae) DATE _ CUSTOMER (RIM Near and TI1W LOCATION MANAGER (RfM Name and Title) EMAIL ' Ouesims of otherv/se Standard Merchandise are deemed to be NonStanderd Merchandise. ' All returned checks and declined c adlVdebit cards subject to $35 processing tee. a MenYrndise which isVaW-Leased is not cleaned by UniFirst. 6This Agreement is effective Doty upon—ptance by Urahrst Location Manager. (� 'Charge statue condngem upon continuing credit mrthlnws and may be revoked at UniRrsYs discretion. �J PR r S, SIGN (z) COPIES ON LEGAL -SOT (SW x W) PAPER: 0 1OCAL UNIFIRST COPY (SCANNED COPYTO CORPORATE OFFICE) 0 CUSTOMER COPY ram s1253R - Rev. 0er20 PAGE 2OF2 CUSTOMER SERVICE AGREEMENTTERMS REQUIREMENTS SUPPLIED. Customer orders from Unil Corp. ("UnlFirst") the rental garments and/or other items of the type specified in this Agreement ('Merchandise') and related pickup/deilvery and maintenance services (collectively with Merchandise, 'Services') for all of Customer's requirements therefor, at the prices and upon the terms and conditions set forth herein. Additional Services requested by Customer, verbally or in writing, will also be covered by this Agreement. All rental Merchandise supplied to Customer remains the property of UniFirst. Customer warrents that it Is not subject to, and that this Agreement does not interfere or conflict with, any existing agreement for the supply of the Merchandise or Services covered. PERFORMANCE GUARANTEE. UNIFIRST GUARANTEES TO DELIVER HIGH-QUALTY SERVICEATALLTIMES. All Items of Merchandise cleaned, finished, Inspected, repaired and delivered by UniFirsi oil meet or exceed industry standards, or non -conforming items will be replaced by the mead scheduled delivery day at no cost to Customer. Items of rental Merchandise requiring replacement due to normal wear and teal be replaced at no cost to Customer, save for any applicable personalization and setup charges. Customer expressly waives the right to terminate this Agreement during the initial term or any extension thereof for defidendes in the quality of Services unless: (1) complaints are first made In writing to Unil which set forth the precise nature of any deficiencies; (2) UnlFlrst Is afforded at least 60 days to correct any deficiencies complained of, and (3) UnlFirst fails to correct those deficiencies complained of within 60 days. In the event Customer complies with the foregoing and UniFirst fails to torted such deficiencies, Customer may terminate this Agreement by written notice to UniFirst, providing that all previous balances due to Unil have been paid in full and that all other conditions to terminate have been satisfied. Any delay or Interruption of the Services provided for in this Agreement by reason of acts of God, fres, explosions, strikes or othe, indusbtal disturbances, or any other cause not within the control of UnlFirst, shall not be deemed a breach or violabon of this Agreement. TERM AN D RENEWAL. ThisAgreament is effective when signed by both the Customer and UnlFirst Location Manager and continues in effect for80 months after installation of Merchandise (for now customers) or any renewal date. This Agreement will be renewed automatically and continuously for multiple successive 80.month penotls unless Customer or UnlFlrst gives written notice of non -renewal to the other at least 90 days prior to the next expiration date. PRICES AN D PAYMENTS. Prices are based on 52 weeks of service per year Any increase(s) to Service Frequency could result in additional charges. On an annual basis, the prices then In effect will be Increased by the greater of the annual percent increase in the Consumer Price Index -All Urban Consumers, Series ID: CUUROOOOSAG, other goods and services, or by 5%. Additional price Increases and other charges may be Imposed by separate written notice or by notation on Customers Invoice. Customer may, however, decline such additional increases or charges by notifying Ur First in writing within 10 days after receipt of such notice or notation. if Customer declines said additional price increases, Unil may terminate this Agreement. Customer also agrees to pay the other charges and minimum weekly charge herein specified. Charges relating to a wearer leaving Customers employ can be terminated by (1) giving notice thereof to UnlFirst and (2) returning or paying for any missing Merchandise Issued to that individual. Any Merchandise payments required pursuant to this Agreement will be at the replacement prices) then in effect hereunder. if an authorized Customer representative is not available to receive and acknowledge delivery of Merchandise, Customer authorizes UniFirst to make delivery and assumes responsibility, for related chargesAnvoiass. if Customer falls to make timely payment, Urdl may, at any time and in its sole discretion, terminate this Agreement by giving written notice to Customer, whether or not UniFirst has previously strictly enforced Customers obligation to make timely payments. Customer agrees to pay, and will pay, all applicable sales, use, personal property and other taxes and assessments arising out of this Agreement. DEFE CHARGE. Customers invoices may also induce a DEFE charge to cover all or portions of certain expenses including D = DELIVERY, or expenses associated with the actual delivery, of Services and Merchandise to Customers place of business, primarily Route Sales Representative commissions, management salaries, vehicle depredation, equipment maintenance, Insurance, road use charges and local access fees. E = ENVIRONMENTAL, or expenses (past, present and future) Unifirst absorbs related to wastewater testing, purification, effluent oontrol, solids disposal, supplies and equipment for pollution controls and energy conservation and overall regulatory compliance. F = FUEL, or the gas, dlesel fuel, dl and lubricant expenses associated with keeping UNFirst's fleet vehicles on the road and servidng its customers. E = ENERGY, primarily the natural gas Unil uses to run boilers and gas dryers, plus other local utility charges MERCHANDISE. Customer admevv edges and agrees to notify all employees that Merchandise supplied is for general occupational use and, except as expressly specified below, affords no special user protections. Customer further acknowledges that: (1) Customer has unilaterally and independently determined aid selected the neh+e, We, performance characteristics, number of changes and scope of all Merchandise to be used and the appropriateness of such Merchandise for Customers spedtic needs or intended uses; (2) UniFirst does not have any obligation to advise, and has not advised, Customer concerning the fitness or suitability of the Memhandim for Customer's Intended use; (3) Ur lFirst makes no representation, warranty or covenant regarding the performance of the Merchandise (induding without limitation Flame Realafent and Visibility Merchandise); and (4) UniFirst shall in no way be responsible or liable for any injury or harm suffered by any Customer employees while wearYtg cruising any Merchandise. Customer agrees to indemnify and hold harmless UniFirst and its employees and agents from and against all dams, injuries or damages to any parson orproparty, resulting from Customers or Customers employee use of the Merohandlse, whether or not such calms, Injuries or damages arise from any alleged defects in the Merchandise. Flame Resistant ('FR") Merchandise supplied hereunder is intended only to prevent the ignition and burning of fabric away from the point of high heat Impingement and to be saf-extinguishing upon removal of the Ignition source. FR items will not provide significant protection from bums in the Immediate area of high heat oortact due to thermal transfer through the fabric and/or destruction of the fabric In the area of such exposure. FR items are designed for continuous wear as only a secondary level ofprotection. Primary protection Is still required for work acdvibes where direct or significant exposure to heat or open flame Is likely to occur. Visib)rit y Merchandise is intended to provide Improved conspicuity of the wearer under daylight conditions and when illuminated try a !lght source of suMcient andispower at night. It Is Customers responsibility to determine the level of conspicuity, needed by wearers under specific work conditions. Further, Customerrees that ag Visibility Merchandise alone does not ensure conspicuity of the wearer and that additional safety precautions may be necessary. The Visibility Merchandise supplied satisfied particuiarANSUISEA standards only when they were new and unused and only if so labeled. Customer acknowledges that usage and laundering of Visibility Merchandise may adversely ailed its conspicuity Healthcare/Food-Related Customer acknowledges that (1) Unil does not guarantee or warrant that the Merchandise selected by Customer or that processed garments delivered by UNFIrst will be appropriate or sufficient to provide a hygienic level adequate for Individual Customers needs; and (2) optional poly -bagging• Is recommended to reduce the risk of cross -contamination of Merchandise, and the failure to utilize such service may adversely affect the efficacy of UniFirst's hygienic deaning process (' Poly -bay s.—i— incur edditi—I cher;os If any Merchandise supplied hereunder is Merchandise that (1) UNFirst does not stock for whatever reason (including due to style, color, size or brand); (2) Consists of non-UniFirst manufactured or customized FR Merchandise, or (3) consists of Merchandlse that has been permanently personalized (in all cases known as "Non -Standard Merdhal then, upon the discontinuance of any Service hereunder at any time for any reason, including expiration, termination, or cancellation of this Agreement, with or without cause, deletion of any Non -Standard Merchandise from Customers Service Program, or due to employee reductions (in each case a'Discontinuance of Service'), Customer will purchase at the time of such Discontinuance of Service all effected Non -Standard Merchandise Items then in UniFirst's Inventory (in-service, shelf, as well as any manufacturer's supplies ordered for Customers use), paying for same the replacement charges then In effect Customer agrees not to contaminate any Merchandise with asbestos, heavy metals, solvents, inks or other hazardous or toxic substances ('contaminants"). Customer agrees to pay Unil for all Merchandise that Is lost, stolen, damaged or abused beyond repair. As a condition to the termination of this Agreement, for whatever reason, Customer will return to Unil all standard Merchandise in good and usable condition or pay for same at the replacement charges then in effect. OBLIGATIONS AND REMEDIES. 1 Customer breaches or terminates this Agreement before the axpirabon date for any reason (other than for UniFirst's failure under the performance guarantee described above), Customer will pay UnlFlrst, as liquidated damages and not as a penalty (the parties acknowledging that actual damages would be difficult to calculate with reasonable certainty) an amount equal to 50 percent of the average weekly amounts invoiced in the preceding 26 weeks, multiplied by the number of weeks remaining In the current term. These damages will be In addition to all other obligations or amounts owed by Customer to UniFirst, including the return of Standard Merchandise or payment of replacement charges, and the purchase of any Nonstandard Merchandise items as set forth herein. This Agreement shall be governed by Massachusetts law (exclusive of choice of law). If a dispute arises from or relates In any way to this Agreement or any alleged breach thereof at any time, the parties will first attempt to resolve the claim or dispute by negotiation at agreed bme(s) and locabon(s). All negotiations are confidential and will be treated as settlement negotiations. Any matter not resolved through direct negotiations within 30 days shall be resolved exclusively by final and binding arbitration, conducted In the capital city of the state where Customer has Its principal place of business (or some other location mutually agreed); pursuant to the Expedited Rules of the Commercial Arbitration Rules of the American Arbitration Association; and, governed by the Federal Arbitration Ad, to the excusion of state law inconsistent therewith. The parties will agree upon one (1) Arbitrator to settle the controversy or dam. The successful or substantially prevailing party In any proceeding, including arty appeals thereof (as determined by the Arbitrator/court) shall recover all of its costs and expenses Including, without I Imitation, reasonable attorney fees, witness fees and discovery costs, al of which shall be Included in and as apart of the judgment or award rendered hereunder. This provision for Arbitration is specifically enforceable by the parties; the Arbitrator shall have no power to vary or ignore the provisions hereof; and, the decision of the Arbitrator in accordance herewith, may be entered in any court having jurisdiction thereof. Customer acknowledges that, with respect to all such disputes, It has voluntarily and knowingly waived arty dght it may have to a jury trial or to participate in a Cass action or Gass litigation as a representative of any other persons or as a member of any class of persons, or to consolidate its claims with those of any other persons or dans of persons. if this prohibition against class litigation is ruled to be unenforceable for any reason in any proceeding, then the prohibition against dass litigation shall be void and of no force and effect in that proceeding. MISCELLANEOUS. The parties agree that this Agreement represents the anbre agreement between them. In the event Customer Issues a purchase order to UniFirst at any time, none of the standard pre-printed terms and conditions therein shall have any application to this Agreement, or any transactions occurring pursuant hereto or thereto. UniFinst may, In its sole discretion, assign this Agreement. Customer may not assign this Agreement without the prior written consent of UniFirst. Customer agrees shat in the event it sells or transfers its business, It will require the purchaser or transferee to assume all obligations and responsibilities under this Agreement, provided that such assumption shall not relieve Customer of its liabilities hereunder, and provided further that any failure by a purchaser or transforms to assume this Agreement shall constitute a breach and early termination of this Agreement resulting In the obligation to pay all amounts on account thereof asset forth in this Agreement. Neither party will be liable for any incidental, consequential, special or punitive damages. In no event shall UN First's aggregate liability to Customer for any and al daims exceed the sum of all amounts actually paid by Customer to UnlFirst. In the event any portion of this Agreement is held by a court of competent jurisdiction or by a duly appointed arbitrator to be unenforceable,* balance will remain in effect. All written notices provided to UniFdrst must be sent by certified mail to the attention of the Location Manager. In Texas and certain other laabonl,O UniFirst's business is conducted by, and the term "UniFlrst" as used herein means, UniFirst Holdings, Inc. d. b. a. UniFirst. ACCEPTED. Customer Signature Date- ___ _ _ (I have read and agree to all of the above Terms.) ADDENDUM TO A CUSTOMER SERVICE AGREEMENT (THE "BASE FORM") BY AND BETWEEN UNIFIRST CORPORATION, A MASSACHUSETTS CORPORATION, ("UniFirst") AND INDIAN RIVER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (THE "Customer") This ADDENDUM is effective as of the 4th Day of October, 2022, and is made part of the Customer Service Agreement (the Base Form and this Addendum are collectively referred to as the "Agreement") to which it is attached. ADDITIONAL AGREEMENT TERMS AND CONDITIONS General. Customer is a member of the Sourcewell Cooperative Purchasing organization ("Sourcewell"). Customer enters into this Agreement to obtain the services described in Sourcewell's Request for Proposal #040920, to include all attachments, addenda and UniFirst's response thereto (collectively, the "RFP"), and the Agreement which are, collectively, by this reference made a part of this Agreement. The additional Agreement terms and conditions stated in this Addendum are added pursuant to Section 6.A of the RFP. The second sentence of Requirements Supplied shall be stricken and replaced as follows: Additional Merchandise requested by Customer, in writing, or requested verbally and confirmed in writing, will also be covered by this Agreement. The following sentence shall be added to the end of Requirements Supplied: The Customer may order, rent, lease, purchase, obtain, or otherwise acquire Merchandise from any other source or supplier. The first sentence, second paragraph under Performance Guarantee shall be stricken and replaced to read: During the initial term or any renewal term of the Agreement, Customer's right to terminate the Agreement for UniFirst's deficient service and/or quality of merchandise shall be conditioned upon the following: (1) complaints are first made in writing to UniFirst which set forth the precise nature of any deficiencies; (2) UniFirst is afforded at least 60 days to correct any deficiencies complained of; and (3) UniFirst fails to correct those deficiencies complained of within 60 days. The second of Prices and Payments shall be stricken and replaced as follows: All payments shall be made to UniFirst by the Customer in accordance with the Local Government Prompt Payment Act, Section 218.70, Florida Statutes, et seq. The last sentence of the first Merchandise paragraph is deleted in its entirety ("Customer agrees to indemnify..."). Obligations and Remedies shall be stricken and replaced as follows: Governing Law; Venue and Attorney's Fees. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. If any legal action or other proceeding Page 1 of 4 11 is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. The first and second sentence in Miscellaneous shall be stricken and replaced with the following: Where conflict exists between the Base Form and the terms and conditions of the RFP, the RFP shall prevail. The third sentence of Miscellaneous shall be stricken and replaced as follows: UniFirst may not assign this Agreement without the prior written consent of Customer. Additional Terms and Conditions. The following additional terms and conditions are made part of the Agreement: Availability of Funds: The obligations of the Customer under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. Indemnity: UniFirst shall indemnify and hold harmless the Customer, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent resulting from the negligence, recklessness, or intentionally wrongful conduct of UniFirst and other persons employed or utilized by the UniFirst in the performance of this Agreement. Independent Contractor: It is specifically understood and acknowledged by the parties hereto that the UniFirst and its employees are in no way to be considered employees of the Customer, but are independent contractors performing solely under the terms of the Agreement and not otherwise. Public Records: Customer is a public agency subject to Chapter 119, Florida Statutes. UniFirst shall comply with Florida's Public Records Law. Specifically, the UniFirst shall: (1) Keep and maintain public records required by the Customer to perform the service. (2) Upon request from the Customer's Custodian of Public Records, provide the Customer 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 UniFirst does not transfer the records to the Customer. (4) Upon completion of the contract, transfer, at no cost, to the Customer all public records in possession of UniFirst or keep and maintain public records required by the Customer to perform the service. If UniFirst transfers all public records to the Customer upon completion of the contract, UniFirst shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If UniFirst keeps and maintains public records upon completion of the contract, UniFirst shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Customer, upon request from the Custodian of Public Records. Page 2 of 4 12 B. IF UNIFIRST HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO UNIFIRST'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 UniFirst to comply with these requirements shall be a material breach of this Agreement. TERMINATION IN REGARDS TO F.S. 287.135: UNI FIRST certifies that it and those related entities of UNIFIRST 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, UNIFIRST certifies that it and those related entities of UNIFIRST 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. CUSTOMER may terminate this Contract if UNIFIRST 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. CUSTOMER may terminate this Contract if UNIFIRST, 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. E -Verify. UniFirst 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. UniFirst is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. Page 3 of 4 13 IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the Effective Date. Customer: INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman, Board of County Commissioners By: 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: Name: Jennifer Hyde Title: Purchasing Manager 180027 1h Street Vero Beach, FL 32960 (772) 226-1575 jhyde@ircgov.com Page 4 of 4 UniFirst: UniFirst Corporation By: Title: Printed Name: _ (CORPORATE SEAL) Attest: (Attach evidence of authority to sign) Designated Representative: Name: Title: Address: Phone: Email: 14 0 CONSENT AGENDA INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: September 26, 2022 SUBJECT: Interfund Borrowing — Fiscal Year 2021/2022 FROM: Kristin Daniels Director, Office of Management & Budget At the end of the fiscal year, it occasionally becomes necessary to cover cash deficits in individual funds with interfund borrowing. Staff anticipates the need for interfund borrowing in the funds below: Interf tnd borrowing is necessary in most funds due to the fact that the County is awaiting reimbursement from the State or Federal government for various grant eligible expenditures. Borrowing in the Fleet Fund is necessary to cover the deficit cause by the substantial repair cost of the fuel canopy. Staff is requesting approval from the Board of County Commissioners for interfund borrowing in the funds listed above as well as other funds as necessary. On January 15, 2019 the Board of County Commissioners approved $1,300,000 of the first two years of the Amended and Restated Facility Lease Agreement with Major League Baseball to be funded with Tourist Tax/Cash Forward — Oct 1St. Since the lease year began on January 15, 2019, instead of the beginning of the fiscal year, an inter -fund loan of $201,024 was made from the Tourist Tax Fund to cover the lost revenue from the portion of the fiscal year that had already past. Because of the negative impact COVID-19 had on tourism, the first-year shortfall ($201,024) as well as the $650,000 second -year contribution were reversed, and reclassified as an interfund loan between Optional Sales Tax and the Jackie Robinson Training Complex Fund. 15 Fiscal Year Fiscal Year Due from Fund Due to Fund 2020/21 2021/22 Est. Metropolitan Planning General Fund - 001 $85,000 $90,000 Organization (MPO) - 124 Beach Restoration Fund - 128 General Fund — 001 $0 $5,750,000 Community Development Block Grant (CDBG) - 129 General Fund - 001 $0 $50,000 Federal/State Grants Fund - 136 General Fund — 001 $7,000 $7,000 Fleet Fund - 501 General Fund — 001 $0 $35,000 Interf tnd borrowing is necessary in most funds due to the fact that the County is awaiting reimbursement from the State or Federal government for various grant eligible expenditures. Borrowing in the Fleet Fund is necessary to cover the deficit cause by the substantial repair cost of the fuel canopy. Staff is requesting approval from the Board of County Commissioners for interfund borrowing in the funds listed above as well as other funds as necessary. On January 15, 2019 the Board of County Commissioners approved $1,300,000 of the first two years of the Amended and Restated Facility Lease Agreement with Major League Baseball to be funded with Tourist Tax/Cash Forward — Oct 1St. Since the lease year began on January 15, 2019, instead of the beginning of the fiscal year, an inter -fund loan of $201,024 was made from the Tourist Tax Fund to cover the lost revenue from the portion of the fiscal year that had already past. Because of the negative impact COVID-19 had on tourism, the first-year shortfall ($201,024) as well as the $650,000 second -year contribution were reversed, and reclassified as an interfund loan between Optional Sales Tax and the Jackie Robinson Training Complex Fund. 15 This $851,024 loan was to be paid back incrementally to Optional Sales Tax as the fund was able to do so each fiscal year-end. A total of $250,000 was paid back at the end of fiscal year 2020/2021, leaving a current balance of $601,024. Although COVED -19 had an initial negative impact on local tourism, the industry has since rebounded and the Tourist Development Fund is now able to reimburse the Optional Sales Tax Fund for the current remaining balance of $601,024. Staff will add this entry to the next budget amendment that is brought before the Board. Staff Recommendation Staff recommends approval for interfund borrowing as necessary to cover any cash deficits of individual funds that may occur, as well as the payback of $601,024 to the Optional Sales Tax Fund from the Tourist Development Fund. Distribution: Elissa Nagy, Finance Director 16 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: October 10, 2022 Subject: Miscellaneous Budget Amendment 009 Description and Conditions: 1. On July 18, 2022, the Board of County Commissioners received the second payment of the American Rescue Plan Act for $15,531,584. In addition, a post -closing entry was recorded after the fiscal year 2020/2021 balance was rolled over. An additional $227,594 needs to be allocated into fiscal year 2021/2022. Exhibit "A" appropriates the revenues and expenses according to the revised spending plan approved by the Board on August 17, 2021. 2. Human Services has received a $2,000 donation from FP&L. Exhibit "A" appropriates these funds to the Human Services Department to assist families in need. 3. Several departments have had personnel adjustments resulting in the salary & benefit accounts being over budget. Exhibit "A" appropriates $66,959 from General Fund/Reserve for Contingency and $5,674 from MSTU/Reserve for Contingency. 4. Monthly telephone charges in the mailroom are higher than anticipated. Exhibit "A" appropriates $17,000 from General Fund/Reserve for Contingency. 5. Postage expenses for the Property Appraiser and Tax Collector are higher than anticipated. Exhibit "A" appropriates $2,680 from General Fund/Reserve for Contingency 6. The balance of the Emergency Management Performance Grant- ARPA needs to be rolled into the current year. Exhibit "A" appropriates $3,135 to the revenue and expense accounts of the grant. 7. On September 20, 2022, the Board of County Commissioners approved Sheriff Flower's request to purchase $15,785 in equipment from the Offender Fees reserve account. Exhibit "A" appropriates the revenue and expense. 8. Rental Assistance has received the remaining balance of the Section 8/HUD Low Income Housing Assistance FY 21/22 grant. Exhibit "A" appropriates $179,621 to the revenue and expense accounts. 17 Members of the Board of County Commissioners October 10, 2022 Page 2 9. Increased fuel prices, coupled with the rising cost of parts and maintenance has caused both revenues and expenses to exceed the budgeted estimates in the Fleet Management Division. Exhibit "A" appropriates funding of $544,627 to both the revenue and expense accounts. 10. Due to the recently implemented Governmental Accounting Standards Board 87 (GASB87) financial reporting requirements, the Fire Department Airport Land Lease must be reported in both the revenue and expense accounts. Exhibit "A" appropriates $604,296 for this entry. 11. The fuel, maintenance -auto equipment and maintenance -heavy equipment accounts in the Parks Division are higher than anticipated. Exhibit "A" appropriates funding of $37,091 from General Fund/Reserve for Contingency. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2021-22 budget. RESOLUTION NO. 2022- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2021-2022 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2021-2022 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2021-2022 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2021-2022 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. 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 Joe Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2022. Attest: Jeffrey R. Smith Clerk of Court and Comptroller M Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners IN APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY 19 Resolution No. 2022 - Budget Office Approval: Kristin Daniels, Budget Director Exhibit "A" Budget Amendment 009 Entry Numb Type Fund/ Department/Account Name Account Number Increase Decrease Revenue ARP Fund/American Rescue Plan Act 138033-331551 $15,759,178 $0 ARP Fund/SHARP Program/Regular Salaries 13822469-011120 $21,500 $0 ARP Fund/SHARP Program/Overtime 13822469-011140 $20,000 $0 ARP Fund/SHARP Program/Social Security 13822469-012110 $2,500 $0 ARP Fund/SHARP Program/Retirement Contribution 1 3822469-01 21 20 $4,500 $0 ARP Fund/SHARP Program/Insurance-Life & Health 13822469-012130 $500 $0 ARP Fund/SHARP Program/Medicare Matching 13822469-012170 $1,000 $0 ARP Fund/Sheriff/Workers Compensation 13860021-012140 $60,000 $0 ARP Fund/Fire Services/Workers Compensation 13812022-012140 $62,006 $0 ARP Fund/Fire Services/Operating Supplies 13812022-035290 $100,000 $0 ARP Fund/Fire Services/Other Machinery & Equipment 13812022-066490 $100,000 $0 1. Expense ARP Fund/Info Systems/Broadband Equipment 13824113-066455 $2,750,000 $0 ARP Fund/Purchasing/Operating Supplies 13821613-035290 $50,000 $0 ARP Fund/Budget/Other Professional Services 13822913-033190 $10,000 $0 ARP Fund/SHARP Program 13822469-088055 $3,197,828 $0 ARP Fund/United Way 13811069-088006 $690,750 $0 ARP Fund/Clerk of Circuit Court 13830086-099020 $500,000 $0 ARP Fund/Sheriff 13860086-099040 $2,227,594 $0 ARP Fund/Property Appraiser 13850086-099060 $11,000 $0 ARP Fund/Tax Collector 13840086-099070 $200,000 $0 ARP Fund/Sebastian Phase II Water & Sewer 13821936-066510-17513 $400,000 $0 ARP Fund/West Wabasso Sewer Phase 3 13821936-066510-21512 $600,000 $0 ARP Fund/South WTP Membranes & Retrofit 13821936-066510-19503 $4,750,000 $0 2. Revenue General Fund/Other Donations -Contributions 001038-366090 $2,000 $0 Expense General Fund/Human Services/Other Professional Services. 00121164-033190 $2,000 $0 General Fund/Ag Extension/Regular Salaries 00121237-011120 $28,500 $0 General Fund/Ag Extension/Social Security 00121237-012110 $2,410 $0 General Fund/Ag Extension/Retirement Contribution 00121237-012120 $2,615 $0 General Fund/Ag Extension/Medicare 00121237-012170 $425 $0 3. Expense General Fund/Emergency Management/Retirement Contribution 00120825-012120 $6,500 $0 General Fund/County Attorney/Regular Salaries 00110214-011120 $21,232 $0 General Fund/County Attorney/Social Security 00110214-012110 $900 $0 General Fund/County Attorney/Retirement Contribution 00110214-012120 $4,127 $0 General Fund/County Attorney/Medicare 00110214-012170 $250 $0 1 of 2 20 Resolution No. 2022 - Budget Office Approval: Kristin Daniels, Budget Director Exhibit "A" Budget Amendment 009 Entry Numb Type Fund/ Department/Account Name Account Number Increase Decrease General Fund/Reserve for Contingency 00119981-099910 $0 $66,959 MSTU/Planning/Special Pay 00420415-011150 $4,694 $0 3. Expense MSTU/Planning/Social Security 00420415-012110 $350 $0 MSTU/Planning/Retirement 00420415-012120 $560 $0 MSTU/Planning/Medicare 00420415-012170 $70 $0 MSTU/Reserve for Contingency 00419981-099910 $0 $5,674 4. Expense General Fund/Mai I room/Tele phone 00125119-034110 $17,000 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $17,000 General Fund/Property Appraise r/Postage 00150013-034210 $289 $0 5. Expense General Fund/Tax Collector/Postage 00140013-034210 $2,391 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $2,680 6. Revenue General Fund/Emergency Mgmt/EMPG-ARPA 001033-331231-21721 $3,135 $0 Expense General Fund/Emergency Mgmt/Other Professional Services/EMPG-ARPA 00120825-033190-21721 $3,135 $0 7. Revenue General Fund/Sheriff-Sex Offender Registration Fee 001034-341521 $15,785 $0 Expense General Fund/Sheriff/Law Enforcement 00160086-099040 $15,785 $0 8. Revenue Section 8/HUD Low Income Housing Assistance 108033-331670 $179,621 $0 Expense Section 8/Rental Assistance Payments 10822264-036730 $179,621 $0 Revenue Fleet/Heavy Equipment Maintenance 501034-395011 $251,555 $0 Fleet/Fuel 501034-395013 $293,072 $0 9. Fleet/Gas/Diesel 50124291-035530 $444,027 $0 Expense Fleet/Parts 50124291-035540 $75,600 $0 Fleet/Tires/Tubes 50124291-035550 $25,000 $0 10. Revenue Emergency Services/Lease Financing 114039-383100 $604,296 $0 Expense Emergency Services/Fire Rescue/Right to Use Land 11412022-069470 $604,296 $0 General Fund/Parks/Fuel & Lubricants 00121072-035210 $20,000 $0 11. Expense General Fund/Parks/Maintenance-Auto Equipment 00121072-034640 $7,963 $0 General Fund/Parks/Maintenance- Heavy Equipment 00121072-034650 $9,128 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $37,091 202 21 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 6, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Final Ranking of Consultants and Authorization to Negotiate for Design Services for Emergency Operations Center Expansion (RFQ 2022062) BACKGROUND: On behalf of the Emergency Services and Public Works Departments, and in accordance with Section 287.055, Florida Statute (Consultant's Competitive Negotiation Act), a Request for Qualifications (RFQ) was issued for architectural design services for the expansion of current Emergency Operations Center (EOC). The expansion involves a two-story (10,000 sf per floor) expansion to the north side of the existing EOC. The current single -story EOC was constructed in 2005-2007. Expansion is necessary to facilitate the growth of the Emergency Management Services (EMS) to service the County by providing a centralized location for EMS management staff, training areas, and storage for Fire Rescue personnel. The expansion also provides for expanded EOC operations in the event of disasters within Indian River County in order to enhance response and recovery times. The new facility is anticipated to provide: ✓ Expanded restroom and shower facilities. ✓ A commercial kitchen including cooking surfaces, warmers, ovens, refrigeration and walk-in freezer, dry goods storage areas and an expanded dining area capable of feeding 30 at a time. ✓ An expanded computer server room (double the size of the existing) including UPS. ✓ Sleeping areas for male/female, dormitory style with half walls. ✓ Expand the existing warehousing on site to a minimum of 7,500 sf total. ✓ Second floor office space for Fire Department Training Bureau, administrative staff, and Emergency Management staff. ✓ 2 conference rooms capable of handling 15 people each. ✓ Secure storage with limited access. 22 RFQ RESULTS: Advertising Date: RFQ Opening Date: DemandStar Broadcast to: RFQ Documents Requested by Responsive SOQs: June 2, 2022 July 8, 2022 654 Subscribers 39 Firms 9 CONSENT ANALYSIS: A selection committee comprised of David Rattray, Fire Chief, Steve Greer, Battalion Chief, Brandon Creagan, Senior Planner, Mark Winslow, Project Manager, and Rich Szpyrka, Public Works Director, independently evaluated and scored the received statements of qualifications in accordance with FS 287.055, the RFQ, and the Purchasing Manual. The three top ranked firms were invited to participate in the discussion phase, and at the conclusion of the discussions, each committee member listed his or her overall ranking of firms, and a final ranking was established. The final ranking established by the committee is: 1. Donadio and Associates Architects, PA, A Spiezle Group Inc. Company 2. Song + Associates, Inc. 3. KMF Architects 4. Edlund, Dritenbas, Binkley Architects and Associates, P.A. 5. 1-12M Architects + Engineers, Inc. 6. Saltz Michelson Architects, Inc. 7. MLM Martin Architects, Inc. 8. R+C Architecture, LLC Staff is prepared to begin negotiations with the top ranked firm and bring the final agreement to the Board at a meeting in the near future. FUNDING: Funding for the project design is budgeted and available in the amount of $600,000, split over two fiscal years, with $175,000 from Impact Fees/Fire Services/Emergency Operations Center Expansion account (10312022-066510-20037) and the remaining $425,000 from Impact Fees/Public Buildings/Emergency Operations Center Expansion account (10322019-066510-- 20037). FY Account Name Account Number Amount 21/22 Impact Fees/Public Buildings/Emergency Ops Center Exp 10322019-066510-20037 $250,000 22/23 Impact Fees/Fire Services/Emergency Ops Center Exp 10312019-066510-20037 $175,000 22/23 Impact Fees/Public Buildings/Emergency Ops Center Exp 10322019-066510-20037 $175,000 Total $600,000 23 CONSENT RECOMMENDATION: Staff recommends the Board approve the Committee's final ranking and authorize negotiations with the top ranked firm in accordance with FS 287.055, and the subsequently ranked firms, should negotiations with the top ranked firm fail. 24 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 Kirstin Leiendecker, P.E., Roadway Production Manager FROM: Jim Mann, MPA, Infrastructure Project Manager SUBJECT: Amendment to Easement Number 32851 - Trans -Florida Central Railroad Trail (IRC -2115) DATE: October 5, 2022 DESCRIPTION AND CONDITIONS The Public Works Department, alongwith the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida are requesting an amendmentto Easement Number 32851, which would allow for a 1.4 -mile section of paved trail to be built within the St. Sebastian River Preserve State Park and be a direct benefit to the Park. This is the next section of the Trans -Florida Railroad Trail due west of the recently completed pedestrian overpass, that spans Interstate 95. The trail will consist of a 12 -foot -wide asphalt shared -use path that seconds as a natural fire line suitable for heavy safety equipment, three culvert installations that will provide hydrologic connections between surrounding wetlands severed by the construction of the original railroad berm, and installation of collapsible bollards at each end of the easement. The original easement was executed in 2015 and allows for a 50 -year term use unless terminated pursuant to the provisions therein. It allowed for the construction trail west of the North County Park to the city limits of Fellsmere east of Interstate 95. This amendment will include the next trail portion to be constructed west of Interstate 95 in the next section of the St. Sebastian River Preserve State Park. FUNDING The trail will be built within abandoned Trans -Florida Central Railroad Right -of -Way as part of the Rails to Trails Program awarded by the Florida Department of Transportation to Indian River County. Indian River County will enter into a Local Agency Program (LAP) agreement for construction funding of this project. Estimated funding of $174,979 is programmed into the 2022 Capital Improvement Plan in account #31521441-066510-21035, Optional Sales Tax/Trans-Florida Rail Trail Greenway Phase II and FDOT funding of $920,210. RECOMMENDATION Staff recommends the Board approve Amendment One to Easement Number 32851 with the Board of Trustees of the Internal Improvement Trust Fund and authorize the Chairman to execute the same. 25 Page 2 Amendment to Direct Benefit Easement Number 32851 - Trans -Florida Central Railroad Trail For October 18`h, 2022 BCC Meeting ATTACHMENTS 1. FDEP Approval Letter for Amendment of Easement Number 32851 and Original Easement Documentation 2. Delegation of Authority Action 3. First Amendment to the Agreement One to Easement 32851 with Board of Trustees of the Internal Improvement Trust Fund of the State of Florida APPROVED AGENDA ITEM FOR: OCTOBER 18. 2022 26 C:\Gra n icus\Legista r5\L5\Te m p\8c816c9f-9a 3 b-43 a0-b988-6aa 395501b74.d oc May 16, 2022 FLORIDA DEPARTMENT OF Ron Gove or Environmental Protection Jeanette Nunez Lt. Governor Marjory Stoneman Douglas Building Shawn Hamilton 3900 Commonwealth Boulevard Secretary Tallahassee, FL 32399 Indian River County Attn: Jim Mann 1801 27th Street Vero Beach, FL 32960 Re: Amendment to Easement 32851 Dear Mr. Mann, Thank you for contacting the Division of Recreation and Parks (DRP), leaseholder of the St. Sebastian River Preserve State Park (Park), under leases 4118 and 4397. DRP has reviewed Indian River County's request to amend Easement No. 32851 that will allow the County (GRANTEE) to extend the Trans -Florida Central Railroad Trail as depicted in the attached Exhibit "A". DRP has determined this is a direct benefit to the Park and requests that the special conditions of the easement be replaced in its entirety with these modified special conditions, attached hereto as Exhibit "B". DRP has also determined that this request is consistent with the Park's Unit Management Plan approved February 15, 2019, and therefore has no objection to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, amending Easement 32851, attached hereto as Exhibit "C". This letter should accompany your request to the Division of State Lands, Bureau of Public Land Administration. For more information, visit their website at https://floridadep.gov/lands/bureau-public-land-administration Should you have any questions please don't hesitate to contact our office by phone at 850-245-3051. Sincerely, p91111, signed by Man Fugate Brian FugateDat.. 2,22,D53, 14:1634-041W Brian Fugate, Bureau Chief Office of Park Planning 27 May 16, 2022 Jim Mann Page 2 of 13 BF/dp attachment Cc: Robert Yero, Bureau of Parks, District 3 Chris Vandello, Park Manager Angel Granger, Planning Manager, Office of Park Planning May 16, 2022 Jim Mann Page 3 of 13 5n� EXHIBIT `"A" 0 St. Sebasl'ran i er Preser e Slaln Pn k EXHIBIT "A" " • ;t3ky A.. �y � � s _ Park St. Sebastian River State Park N Easement 32851 Indian RiverC"uuF, —: Eui, USDAFSA, GEOD.ATA, Fai, HERE, Garmin, NUM, ",iSA, L'SU. .'--: I'm Amend 32851D mG�x.G-E)<,E-b=Ggpnics,CnEs/Awb.DS,U%Ml,USGSA—GRID,IG;.��,. 202 &2 0.4 XL GLS 4mr C,mm -in;, Indian Rini C—F, FDEP, Eai, HERE, C renin, S&Cd r pk GmT.1-A-�Ge��a, Inc. ' HEM/NIAV, U -SGS, EPA, ivy L;SDA Sec19 TS31S R38E C—rdisttc S)3tcm: %X'GS 1984 Wcb Mercator Auxiliar. Sph, r, 114 0.& 29 May 16, 2022 Jim Mann Page 4 of 13 EXHIBIT "B" MODIFIED AND AMENDED SPECIAL CONDITIONS FOR ST. SEBASTIAN RIVER PRESERVE STATE PARK -EASEMENT 32851 A. GRANTEE will design the Trail and all appurtenant infrastructure to the standards of the DRP. All construction design plans will be reviewed and approved in writing by the DRP and the Department's Bureau of Design and Construction (BDC) prior to the commencement of any construction activities. All construction will comply with the Americans with Disabilities Act ("ADA") and will be in accordance with Florida Department of Transportation's most recent and relevant guidelines for multi -use trails and with the most recent version of Federal Highway Administration's Manual on Uniform Traffic Control Devices. B. GRANTEE will design and construct the Trail facility to retain natural hydrologic connections between surrounding wetlands severed by the construction of the railroad berm. These efforts may be by construction of multiple culverts or by low-water crossings filled with ballast, both methods designed to be suitable for use by firefighting equipment. C. GRANTEE acknowledges that prescribed burning is a land management practice used by DRP to manage natural resources at St. Sebastian River Preserve State Park and that prescribed burning may result in fire or smoke within the Park. D. GRANTEE will design and construct the Trail facility to be fully functional as a fire line traversed by heavy firefighting equipment without damaging the trail surface and will ensure that all improvements are designed, constructed, operated and maintained in a manner compatible with prescribed burning practices. The Park Manager will notify the GRANTEE prior to any prescribed fire activity in the Park and will limit all temporary closures to the minimum duration possible to assure public safety. E. GRANTEE agrees to cooperate fully with the Park Manager to ensure that the maintenance and use of the facility does not prevent or adversely affect the Park's ability to conduct prescribed fires. This includes, but may not limited to, all measures necessary to maximize safety such as assisting with posting and maintaining of smoke signage, complying with and assisting with traffic control and assisting with possible temporary closure of the Park to pedestrian and vehicular traffic. GRANTEE or GRANTEE'S representative will coordinate all construction and maintenance activities with the Park Manager, at least seven (7) days in advance. At the discretion of the Park Manager, such coordination may require an on-site meeting. The Park Manager may be contacted at (772) 340-7530 G. GRANTEE acknowledges that the Park Manager has the authority to temporarily halt any construction or maintenance activities that -are unsafe for Park visitors or staff or unacceptably adversely impacting Park resources. or facilities. The Park Manager will work in earnest to 30 May 16, 2022 Jim Mann Page 5of13 identify and implement a resolution as quickly as possible, so as not to cause unnecessary delays to GRANTEE'S schedule of operation. H. GRANTEE will pay reasonable maintenance, repair or replacement costs incurred by the DRP if such costs are mutually determined by the DRP and GRANTEE to be a result of this proposed use. Any repair or replacement of Park resources will be done at the sole expense of the GRANTEE to the satisfaction of the Park Manager. J. GRANTEE will install collapsible type bollards along the Trail at each location where a vehicular roadway or driveway crosses the Trail. The bollards will exclude motorized vehicles but will be in ADA compliance. K. Upon completion of construction of the recreational Trail, GRANTEE shall be fully responsible for the maintenance of the improvements, such as curb drops, uneven surfaces, gates, and bollards. These items shall be repaired immediately as safety items. Visitor precautions should be taken and signs should be posted until such repairs are completed. L. Maintenance schedules should be coordinated with the Park Manager for weekly trash pickup and biweekly mowing during growing season. 31 May 16, 2022 Jim Mann Page 6 of 13 EXHIBIT "C" This Easement was prepared by: Diane L. McKenzie, AID: 25015, Bureau of Public Land Administration Division of State Lands Department of Environmental Protection, MS 130 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 OAEI [ 9.05 acres] BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA DIRECT BENEFIT EASEMENT Easement Number 32851 THIS EASEMENT, made and entered into this -2 S*day of 20_5 between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, acting pursuant to its authority set forth in Section 253.03, Florida Statutes, hereinafter referred to as "GRANTOR", and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "GRANTEE". WHEREAS. GRANTOR is the owner of the hereinafter described real property, which is managed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF RECREATION AND PARKS (`•DRP^) RrtdCl;.LtaxcNnt tlter4t� >� (also referred to as "managing agency"), and WHEREAS, GRANTEE desires an easement across the hereinafter described real property for the construction and maintenance of a segment of the Trans -Central Florida Railroad Trail; and WHEREAS, the managing agency has agreed to the proposed use of the land subject to this easement. NOW THEREFORE. GRANTOR, for and in consideration of mutual covenants and agreements hereinafter contained, has granted, and by these presents does grant unto GRANTEE, a non-exclusive easement across the following described real property in Indian River County, Florida, to -wit: (See Exhibit "A" Attached, the "Easement Area') subject to the following terms and conditions: DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and obligations herein shall be exercised by the Division of State Lands, State of Florida Department of Environmental Protection. 32 May 16, 2022 Jim Mann Page 7 of 13 2. IEIVIL The term of this easement shall be for a period of fifty years (50) commencing on and ending on 6c7t-t3ER2a6S' ,unless sooner terminated pursuant to the provisions of this easement. 3. USE OF PROPERTY AND UNDUE WASTE: This easement upon and across the property described in Exhibit "A" shall be for the purpose of access. construction, maintenance and public use of a segment ofthe Trans -Central Florida Railroad Trail (the "Trail") during the term of this easement. This easement shall be non-exclusive. GRANTEE shall be responsible for maintaining and repairing the Trail and related improvements within the Easement Area at its sole expense, and in good, safe, and workmanlike manner, free of ail liens and in accordance with the requirements of all applicable governmental authorities. GRANTOR retains the right to engage in any activities on, over, across or below the Easement Area which do not unreasonably interfere with GRANTEES exercise of this easement and further retains the right to grant compatibfe uses to third parties during the term of this easement. GRANTEE shall dispose of, to the satisfaction of GRANTOR, all brush and refuse resulting from the clearing of the land for the uses authorized hereunder. If timber is removed in connection with clearing this easement, the net proceeds derived from the sale of such limber shall, accrue to GRANTOR. GRANTEE shag take all reasonable precautions to control soil erosion and to prevent any other degradation of the real property described in Exhibit "A" during the term of this easement. GRANTEE shat) not remove water from any source on this casement including, but not limited to, a watercourse, reservoir, wring, or well, without the prior written approval of GRANTOR. GRANTEE shall clear, remove and pick up all debris including, but not limited to, containers, papers, discarded tools and trash foreign to the work Dations and dispose of the same in a satisfactory manner as to leave the work locations clean and free of any such debris. GRANTEE, its agents, successors, or assigns, shall not dispose of any contaminants including but not limited to, hazardous or toxic substances, petroleum, fuel oil, or petroleum by- products, chemicals or other agents produced or used in GRANTEE'S operations, on this easement or on any adjacent state land or in any manner not permitted by law. GRANTEE shall be liable forall tests associated with any cleanup of the subject property which is a result of GRANTEES operations and use of the subject property. Upon termination or expiration of this casement GRANTEE shall restore the lands over which this casement is granted to substantially the same condition as existed on the effective date of this easement. GRANTEE agrees that upon termination of this easement all authorization granted hereunder shall cease and terminate. If the lands described in Exhibit "A" are under lease to another agency. GRANTEE shall obtain the consent of such agency prior to engaging in any use of the real property authorized herein. Page 2 of t 1 Easement No. 32851, R 0415 33 May 16, 2022 Jim Mann Page 8 of 13 4, ASSIGNMENT: This easement shall not be assigned in whole or in part without the prior written consent of GRANTOR. Any assignment made either in whole or in part without the prior written consent of GRANTOR shall be void and without legal effect. RIGHT OF INSPECTION: GRANTOR or its duly authorized agents, representatives or employees shall have the right at any and all times to inspect this easement and the works of GRANTEE in any matter pertaining to this easomcnt. 6. NON-DISCRIMINATION: GRANTEE shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicaps, or marital status with respect to any activity occurring within this easement or upon lands adjacent to and used as an adjunct of this easemcnL 7. LIABILITY: GRANTOR does not warrant or represent that Easement Area is safe or suitable for the purpose for which GRANTEE is permitted to use it. and GRANTEE and its agents, representatives, employees, and independent contractors assume all risks in its use. GRANTEE hereby covenants and agrees to investigate all claims of every nature at its own expense, and, to the extent allowed by Section 768 28, Florida Statues, to indemnify, protect, defend. save and hold harmless GRANTOR and the State of Florida, its officers, agents and employees from any and all damages, claims, demands, lawsuits, causes of action, costs, expenses, attorney's fees or liability of any kind or nature arising out of all personal injury or damages attributable to the negligent acts or omissions of GRANTEE and its agents, employees or independent contracturs. GRANTEE shall contact GRANTOR regarding the legal action deemed appropriate to remedy all matters indemnified for and defended against herein. GRANTOR shall have the absolute right to c:naose its own legal counsel in connection with all matters indemnified for and defended against herein at GRANTEE's expense. The GRANTEE shall maintain a program of insurance covering its liabilities as prescribed by Section 768.28, F.S. Nothing herein shall be construed as a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations or claims. In the event GRANTEE subcontracts any part or all of the work performed in the Easement Area, the GRANTEE shall require each and every subcontractor to identify the GRANTOR as an additional insured on all insurance policies required by the GRANTEE. Any contract awarded by GRANTEE for work in the Easement Area shall include a provision whereby the GRANTEE's subcontractor agrees to indemnify, pay on behalf, and hold the GRANTOR harmless for all injuries and damages arising in connection with the GRANTEE's subcontractor's negligent acts or omissions. COMPLIANCE WITH LAWS: GRANTEE agrees that this easement is contingent upon and subject to GRANTEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, roles, and laws of the State of Florida or the United States or of any political subdivision or agency of either. Page 3 of I 1 Easement No. 32851 R 04,15 34 May 16, 2022 Jim Mann Page 9 of 13 9. ARCIL4EOLOGICAL AND IIIS7 ORIC SITES: Execution of this easement in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of -artifacts or the disturbance ofarchacological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the State of Florida Department of State, Division of Historical Resources. 10. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the lands underlying this easement is held by GRANTOR. GRANTEE shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property of GRANTOR including, but not limited to, mortgages or construction liens against the real property described in Exhibit "A" or against any interest of GRANTOR therein. H. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this easement shall be ruled by a court of competent jurisdiction to be invalid. void. or unenforceable, the remainder shall remain in full force and effect and shall in no way he affected, impaired or invalidated. 12. SOVEREIGNTY SUBMERGED LANDS: This easement does not authorize theme of any lands located waterward of the mean or ordinary high waterline of any lake, river, stream creek, bay. estuary, or other water body or the waters or the air space there above. 13. ENTIRE UNDERSTANDING: This easement sets forth the entire understanding between the panics and shall only be amended with the prior written approval of GRANTOR. 14. TIME: 'Time is expressly declared to be or the essence of this easement. 15. RIGHT OF AUDIT: GRANTEE shall make available to GRANTOR all financial and other records relating to this easement and GRANTOR shalt have the right to audit such records at any reasonable time during the term of this easement This right shall be continuous until this easement expires or is terminated. This easement may be terminated by GRANTOR should GRANTEE fail to allow public access to all documents. papers, letters or other materials made or received in conjunction with this easement, pursuant to Chapter 119, Florida Statutes. 16. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume full responsibility for and shall pay all liabilities that aavue to the Easement .Area or to the improvements thereon including any and all drainage anal special assessments or taxes of every kird and all mechanic's or matenalman c liens which may be hereafter lawfully assessed and levied against this easement. Page 4 of] I Easement No. 32951 R "115 35 May 16, 2022 Jim Mann Page 10 of 13 17. ALTOMATIC REVERSION: This easement is subject to an automatic termination and reversion to GRANTOR when, in the opinion of GRANTOR, this easement is not used for the purposes outlined herein, and any costs or expenses arising out of the implementation of this clause shall be bome completely, wholly and entirely by GRANTEE, including attorneys' fees. 18. RECORDING OF EASEMENT: GRANTEE., at its own expense, shall record this fully executed easement in its entirety in the public records of the county within which the easement site is located within fourteen days after receipt, and shall provide to the GRANTOR within ten days following the recordation a copy of the recorded easement in its emirety which contains the O.R. Book and Pages at which the easement is recorded. Failure to comply with this paragraph shall constitute grounds for immediate termination of this easement agreement at the option of the GRANTOR. 19. GOVERNING LAW: This easement shall be governed by and interpreted according to the taws of the State of Florida. 20. SECTION CAPTIONS: Articles, sub,ections and other captions contained in this eascmertare for reference purposes only and are in noway intended to describe, interpret, define or limit the cope, extent or intem of this easement or any provisions thereof. 21. SPECIAL CONDITIONS: The following special conditions shall apply to this direct benefit easement: A. County will design the Trail and all appurtenant infrastructure to the standards of the DRP- All construction design plans will be reviewed and approved in writing by the DRP and the Department's Bureau of Design and Construction (BDQ prior to the commencement of any construction activities. All construction will comply with the Americans with Disabilities Act ("ADA") and will be in accordance with Florida Department of Transponation's most recent and relevant guidelines for multi -use trails and with the most recent version ofFederal Highway Administration's Alanual on Uniform Traffic Control Devices. B. County will design and construct the Trail facility to retain natural hydrologic connections between surrounding wetlands severed by the construction of the railroad berm. These efforts may be by construction of multiple culverts or by low-water crossings filled with ballast, both methods designed to be suitable for use by firefighting equipment. C. County acknowledges that prescribed burning is a land management practice used by DRP to manage natural, resources at St. Sebastian River Preserve State Park and that prescribed burning may result in fire or smoke within the Park. D. County will design and construct the Trail facility to be fully functional as a fire line traversed by heavy, firefighting equipment without damaging the trail surface and will ensure that all improvements are designed, constructed, Page 5 of 11 Fawment No. 32951 R 04/15 36 May 16, 2022 Jim Mann Page 11 of 13 openated and maintained in a manner compatible with prescribed burning practices. The Park Manager or his'her designee soil! notify the County prior to any prescribed fire activity on the Park and will limit all temporary closures to the minimum duration possible to assure public safety E. County agrees to cooperate fully with the Park Manager or his/her designee to ensure that the maintenance and use ofrhe facility does not prevent or adversely affect the Park's ability to conduct prescribed fires. This includes , but may not limited to, al! measures necessary to maximize safety such as assisting with posting and maintaining of smoke signage, complyi a with and asci,ting with traffic control and assisting with possible temporary closure of the Park to pedestrian and vehicutar traffic. F. County or County's representative will coordinate all construction and mairtcnance activities with the Park Mariager or hisiher designee, at least seven (7) days in advance. At the discretion of the Park Manager or his'her designee, such coordination may require an oft -site meeting. The Park Manager may be contacted at (321) 953-5004. G. County acknowledges that the Park Manager has the authority to temporarily halt any construction or maintenance activities that hefshe determines -using histher professional opinion -are unsafe for Park visitors or staff or unacceptably adversely impacting Park resources or facilities. In such work stoppage the Park Manager or his/her designee will work in wmest to identify and implement a resolution as quickly as possible, so as not to cause unnecessary delays to County's sehedulc of operation. H. County will pay reasonable maintenance. repair or replacement costs incurred by the DRP if such costs are mutually determined by the DRP and County to be a result of this proposed use. Any repair or replacement of Park resources will be dome at the sole expense of the County to the satisfaction of the Park Manager or hivher designee. 1. County will install gates at the boundaries of the Park so that DRP personnel can close the trail to public use for safety purposes, such as during prescribed burning activities on the Park. 1. County will install removable bollards along the trail at each location where a vehicular roadway/driveway crosses the trail. The bollards will exclude motorized vehicles but will he incompliance with the ADA. K. It is understood that the Florida Department of Transportation intends to construct the Trail on behalf of the County%Grantee within the Easement Area L. Upon completion of construction of the recreational Trail, County/Grantee shall be fully responsible for the maintenance of the improvements. Page 6 of 11 Easement No. 32851 R 04/115 37 M MTrWESS WIEREOF. the parties have caused this easement, to he executed on the day and year fbrd above o rWm- SES: ongnal Signature ,, C- FE P b Name of)Nitncmti Orifi Signa[ Prim-r'wN me of Witnex; BOAR.D OF TRUSTEES OF THE INTERVAL FNIPROVENIENT TRUST FUND OF THE STATE OF FLORIDA CA f (SEAL) Chc, ll. Chief. Bureau of Public Land Administratiott, Dm'jior ofStaveLands, State DfFlorida Department of Environmental Protection. as agent for mW on behalf of the Board of `fmstc xofthe IntmW Impftivemm Trust Fund of the State of Florida STATE OF FLORIDA COUNTY OF LEON The tonguing irmmiamt was acknowledged before F= thisv2y day of She is perwrtally known to me, APPROVED SUBJECT TO PROPER EXECUTION: 8,31.15 DEP AMM" Date Page 7 of 11 Easement No. 32851 'rAAW(W Notary Public, S=r of Florida Printed. Typed or Sumped Narmc My Commission Expires:DAM LE FEW It Commishlonscrial No. R 04,1 - May 16, 2022 Jim Mann Page 13 of 13 �p;�MiSSIQt�E�a, BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA,?: a political subdivision of the Stale of Florida ♦ fir:: WITNESSES: •. I: ,.: v�, �� \Ycsle' ti. DT' is GlUmill 1►.,,,,,,..-"'"" Original Signature TypediPrpnted Name of W imess Original Signature Typed/Printed Name of Witness ATTEST: Jeffr R. Smith, Cl ourt and Co pt r Bv: [kputy t, erk Approved as to form and legal sut7icicnq :. Ipa Reingold, County Attorney SfATEOF rlrriria 'GRANT'EE" COUNTY OF Indian River The foregoing instrument was acknowledged before me his 70th da} of (x-tnhPr u Wesley S. Davis, for and on behalf of the Board of County Commissioners of Indian Riser COunt' . HC ib pCrva:a!ly kno, o me or who has produced I pipas identifi)cion. Notary Public, a e of porida 14111141 isty L, yP p' Printed, Typed or Stamped Name Page 8 of I I Easement No. 32851 My Commission Expires: January 11, 2018 CommissioniSerial No. FF 65450 R 0-1'15 39 DOA Number: Action ID: Type of Action: Project Name: Title Worksheet ID: Applicant: County/Location: SWIL. Acreage: Consideration: DELEGATION OF AUTHORITY ACTION DSL - 21 Lease No. 4118 & 4397 45438 Instrument No. 32851 ❑ New ® Amendment ❑+ Release ❑ Pmtial Release Amendment One to Easement 32851 124460 Indian River County, Florida Indian River 19/31S/38E 8.10 acres +/- NA Received: ❑ Date: ❑ Lease ❑ Road Right -of -Way Reservation ® Easement ❑ Canal Reservation ❑ Sublease ❑ Oil and Mineral Reservation ❑ Use Agreement ❑ Other LITS Surplus ID: NA Conservation Lands O Yes O NO Name of Facility/Park/Trail: St. Sebastian River State Park ❑ ARC/Mini-ARC Approval Date: NPB/Additional Comp. Amount: ❑ Satisfied per land manager Date: STAFF REMARKS This easement will allow Indian River County to amend Easement No. 32851 that will allow the County to extend the Trans -Florida Central Railroad Trail . DRP consented to the Direct Benefit Easement in a letter dated May 15, 2022. Dimly signed by Jay Jay Si rcy � 2022.06.29 14:58:26 -04W Originator Date Digitally signed by Whole E�l1C@t �e Data., 2022..0 01 14:34:19 -04W OMCM Date Bllar Digitally signed by Gary L. ii�ba Date: 2022.09.23 10:57:53 -04W DEP Attorney Date Executing Authority Date 40 This Amendment was prepared by: Jay Sircy Bureau of Public Land Administration Division of State Lands Department of Environmental Protection, MS 130 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 Action No. 45438 ATE2 [8.1 +/- acres] BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AMENDMENT ONE TO EASEMENT NUMBER 32851 THIS EASEMENT AMENDMENT is entered into this day of , 20___, by and between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, hereinafter referred to as "GRANTOR" and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "GRANTEE"; WITNESSETH WHEREAS, GRANTOR, by virtue of Section 253.03, Florida Statutes, holds title to certain lands and property for the use and benefit of the State of Florida; and WHEREAS, on October 28, 2015, GRANTOR granted Easement Number 32851 to GRANTEE for the construction and maintenance of a segment of the Trans -Central Florida Railroad Trail; and WHEREAS, GRANTOR and GRANTEE desire to amend Easement Number 32851 to replace paragraph 21 of Easement Number 32851 and add land to the Easement Area. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: The first recital of Easement Number 32851, which reads as follows: WHEREAS, GRANTOR is the owner of the hereinafter described real property, which is managed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF RECREATION AND PARKS ("DRP") under Lease Number 4118 (also referred to as "managing agency"); and R 04/15 41 is hereby revised, replaced, and superseded in its entirety by the following: WHEREAS, GRANTOR is the owner of the hereinafter described real property, which is managed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF RECREATION AND PARKS ("DRP" or "managing agency") under Lease Number 4118 and Lease Number 4397; and 2. Paragraph 21. of Easement 32851, is hereby revised, replaced, and superseded in its entirety by the following: 21. SPECIAL CONDITIONS: The following special conditions apply to this easement: A. GRANTEE will design the Easement Area and all appurtenant infrastructure to the standards of the managing agency. All construction design plans will be reviewed and approved in writing by the managing agency prior to the commencement of any construction activities. All construction will comply with the Americans with Disabilities Act ("ADA") and will be in accordance with State of Florida Department of Transportation's most recent and relevant guidelines for multi -use trails and with the most recent version of Federal Highway Administration's Manual on Uniform Traffic Control Devices. B. GRANTEE will design and construct the Easement Area to retain natural hydrologic connections between surrounding wetlands severed by the construction of the railroad berm. These efforts may be by construction of multiple culverts or by low-water crossings filled with ballast, both methods designed to be suitable for use by firefighting equipment. C. GRANTEE acknowledges that prescribed burning is a land management practice used by managing agency to manage natural resources and that prescribed burning may result in fire or smoke within the Easement Area. The managing agency will notify the GRANTEE prior to any prescribed fire activity in the Easement Area and will limit all temporary closures to the minimum duration possible to assure public safety. D. GRANTEE will design and construct the Easement Area to be fully functional as a fire line that can be traversed by heavy firefighting equipment without damaging the Easement Area surface and will ensure that all improvements are designed, constructed, operated and maintained in a manner compatible with prescribed burning practices. E. GRANTEE agrees to cooperate fully with the managing agency to ensure that the maintenance and use of the trail does not prevent or adversely affect the managing agency's ability to conduct prescribed burns. This includes, but may not limited to, all measures necessary to maximize safety such as assisting with posting and maintaining of smoke signage, complying with and assisting with traffic control and assisting with possible temporary closure of the Easement Area to pedestrian and vehicular traffic. F. GRANTEE will coordinate all construction and maintenance activities with the managing agency, at least seven (7) days in advance. At the discretion of the managing agency, such coordination may require an on-site meeting. The managing agency may be contacted at (772) 340-7530. G. GRANTEE acknowledges that the managing agency has the authority to temporarily halt any construction or maintenance activities that are unsafe for Easement Area visitors or staff or unacceptably adversely impacting Easement Area resources or facilities. The managing agency will work in earnest to identify and implement a resolution as quickly as possible, so as not to cause unnecessary delays to GRANTEE'S schedule of operation. Page 2 of 8 Amendment One to Easement Number 32851 42 vl.0 H. GRANTEE will pay reasonable maintenance, repair or replacement costs incurred by the managing agency if such costs are mutually determined by the managing agency and GRANTEE to be a result of GRANTEE'S use. Any maintenance, repair or replacement will be done at the sole expense of the GRANTEE to the satisfaction of the managing agency. 1. GRANTEE shall install collapsible type bollards along the Easement Area at each location where a vehicular roadway or driveway crosses the Easement Area. The bollards will exclude motorized vehicles but will be in ADA compliance. J. Upon completion of construction of the Easement Area, GRANTEE shall be fully responsible for the maintenance of the improvements, such as curb drops, uneven surfaces, gates, and bollards. These items shall be repaired immediately as safety items. Visitors precautions should be taken and signs should be posted until such repairs are completed. K. Maintenance schedules shall be coordinated with the managing agency for weekly trash pickup and biweekly mowing during growing season. The legal description of the Easement Area set forth in Exhibit "A" of Easement Number 32851 is hereby amended to include the real property described in Exhibit "A" attached hereto, and by reference made a part hereof. GRANTEE, at its own expense, shall record this fully executed Amendment to Easement in its entirety in the public records of the county within which the Easement Area is located within fourteen days after receipt, and shall provide to the GRANTOR within ten days following the recordation a copy of the recorded amendment in its entirety which contains the O.R. Book and Pages at which the amendment is recorded. Failure to comply with this paragraph shall constitute grounds for immediate termination of Easement Number 32851 at the option of the GRANTOR. 5. The terms of this Amendment One to Easement Number 32851 shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 6. It is understood and agreed by GRANTOR and GRANTEE that in each and every respect the terms and conditions of Easement Number 32851, except as amended, shall remain unchanged and in full force and effect and the same are hereby ratified, approved and confirmed by GRANTOR and GRANTEE as of the effective date of this Amendment One to Easement Number 32851. [Remainder of page intentionally left blank, Signature page follows] Page 3 of 8 Amendment One to Easement Number 32851 43 v1.0 IN WITNESS WHEREOF, the parties have caused this Amendment to Easement to be executed on the day and year first above written. WITNESSES: Original Signature BY: Print/Type Name of Witness Original Signature Print/Type Name of Witness STATE OF FLORIDA COUNTY OF LEON BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) Brad Richardson, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida "GRANTOR" The foregoing instrument was acknowledged before me by means of physical presence this day of 20_, by Brad Richardson, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida He is personally known to me. Approv ubject Proper a tion - BY: . Z 09-23-2022 DE rney Date l .11 Page 4 of 8 Amendment One to Easement Number 32851 v1.0 Notary Public, State of Florida Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. WITNESSES: INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida (SEAL) Original Signature BY: Print/Type Name of Witness Peter D. O'Bryan, Chairman Original Signature PrindType Name of Witness "GRANTEE" STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of _ physical presence or_ online notarization this day of , 20 , by Peter D. O'Bryan, as Chairman, for and on behalf of the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida, He is personally known to me or who has produced as identification. Notary Public, State of Florida Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. Page 5 of 8 Amendment One to Easement Number 32851 45 vl.0 EXHIBIT "A" z Z z 0 (n C0zNm! w N Cn0On WD O D�z 00< j O fJO OD rrl qr00-nC) O M r m II it a C] -� - N rn - Z� O m Zr­q�q q iii px �x 2 ox S x Z �Q to OnCC O-N1C7ITI (.i V SA Q _� -I qZa Nc�n rn 50 om 1n -na 1n Fn Z-imFnM2Z-1D� 0x102 O 2 C1 D C3 'rl o �. fl -i m O Z z /n oa m u. z N vs Z W -i - 'U C3 D C) - -C -< :z 'D - -I D 0 mmxt„n �C ax x �x x x -CX >ME Z Z M CDM r Co N C � � > � '1 � � r'1 m z z!:1 < � Z -i U Z O Z n � D� *t � (rn fM*1 0 10 G? r z �_ 74 �� A F°, Z x O x z= x = _ � Q Z r*1 Z z r-0 -i M Z v4 DNO p - �o no n a nn n o Co MW C�G)O�m� Di O zM (n l m g -i Z r a O Z :� n O m o rn z o z z m D- ft*Tii "Tl' �7 Z 0o r 1n a) C, -+z ND wiz ? v Ca zo z0 v Zv v o 'n7 :i7�-1_-nWDO-1 �1z 0 0 �erm�� c7 Z o M �n yz tmn �� N D x1�M Cc) nrl=Ti -M. r --4 D M DO -MW o z7 ! m 0 '� m-�D �'m QA n WO CMON-Dp�Z SO -DVM z -1- :Z s w"D M CJ u�) � w x -� D C Z M O (/) 0 0 0 0 0 0 0 o z qn D Z O O D i� rrl m U1 0-_j 0 m n n Z x � -DI z z !^ z z A z z D T7 O �'j1, 2 p D p Z .. 0 M rrt 0 Z M M In M -n r Z Z rn 1 O rN om o z cr''n �0 rM-�D MD O M r*1r �cWD m N z-0 zm D M 0 N Z00 if M �MM(*�O �0- _n (n Z a�v��_vm� mo > r OBD p-1 DM6�OZCr-`Ln Z ZZO.T_7 .�`M n0000Clmm om c1c 1*1 o _n =: DO0 Z N O M**= ham° < CD . ~. . q 0> Cc, m o -0 o n f r T1 -D N M M_ -71 'nQZ1T1 •ii1 O Fn q ��m�ONv 0i �z m 0 xo CD �N ���0*t OHO p O 12 �SZC �, n 1000 1 m� zrs v n ~ m M� ��D-ZI C O�Om tV M ��Zzm rm mm m_ n r = N Z C)0 *-MO m r c0 � OI n 0) r m M rTICD MM-iO�� OM ZZ� u 000 _ c1 O C m m m m m > M r*1 M C Z C) O n N C) Lmmmo mx m w tiJ -0m ZZ' Z --A _DM D iT1 0 n z -I G _V Cs D -1 O r G) ut r*1 •+ -i { zmnmz n > xr1i --1Z r z �= NZ --1 � 4� ozr-O •uhf„ M 11 zn z n� m < M C MM �m MZm�."Dz U) CA cnz�n ro0 PL < m m m O O��C)Q 00 Moon �Y� �ZmG1z v Na Om rn m z M MMZzCO-n mp�D •Sn to Azo 00 x m r XXMM0r-Mrt (? 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Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: October 5, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Through: Richard Meckes, Operations Manager Prepared By: Michael Loveday, Wastewater Superintendent Subject: Award of Liquid Aluminum Sulfate Bid #2023005 Descriptions and Conditions: At the request of the Indian River County Department of Utility Services (IRCDUS), the Purchasing Division opened bids on October 4, 2022, for annual bid #2023005 to furnish and deliver liquid aluminum sulfate. Aluminum sulfate is used to aid the settling of biosolids in the clarifiers. The additional settling reduces the total phosphorus in the treatment facility final effluent and ensures that the facilities remain in compliance with the Florida Department of Environmental Protection (FDEP) permit limitations. The previous bid (2022005) was awarded by the Board of County Commissioners (BCC) to Cherntrade Chemicals US, LLC (Chemtrade) with the first term ending on September 30, 2022. Cherntrade indicated they were unable to renew the agreement at the previous pricing. The term of the new award is through September 30, 2023, with two additional one-year renewals available. The lowest, responsive, responsible bidder is Cherntrade. See bid tabulation below: Bidders Name Total Annual Bid Cherntrade Chemicals US, LLC $75,957.00 C & S Chemicals $84,700.00 Thatcher Chemical of Florida, Inc. $84,700.00 Univar Solutions USA, Inc. $93,100.00 Funding: The new bid represents a 43.3% increase in cost from the previous bid. Estimated Annual Quantity Previous Unit Price Total Annual Cost New Unit Price New Annual Cost 70,000 gallons $0.7573/gallon $53,011.00 $1.0851/gallon $75,957.00 50 Funds in the amount of $92,000.00 for liquid aluminum sulfate are budgeted in the Utilities/WW Treat/Chemicals account, number 47121836-035230, to be used in the wastewater treatment process. Funds in the amount of $30,000 for liquid aluminum sulfate are budgeted in the Utilities/Sludge/Chemicals account, number 47125736-035230, for use at the residuals dewatering facility. Both of these are included in the Utilities operating fund. Utilities operating funds are derived from water and sewer sales. Description Account Number Amount Utilities/WW Treat/Chemicals 47121836-035230 $ 92,000.00 Utilities/Sludge/Chemicals 47125736-035230 $ 30,000.00 Total $122,000.00 Recommendation: Staff recommends that the Board of County Commissioners award Bid #2023005 to Chemtrade Chemicals US, LLC, and authorize the Purchasing Division to issue purchase orders up to the available budgeted amount, after confirmation of Chemtrade's enrollment in E -Verify. 51 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: September 30, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Harrison Youngblood, PE, Utilities Engineer, Utility Services Subject: Work Order 9 to Bowman Consulting Group, LTD. Background/Analysis: On February 2, 2021, the Indian River County Board of County Commissioners approved Work Order 3 to Bowman Consulting Group, LTD. (Bowman) for the West Wabasso Phase 3 project, which included the design, permitting, and bidding of the West Wabasso Septic to Sewer Phase 3 project. The Indian River County Department of Utility Services (IRCDUS) desires to continue utilizing Bowman Consulting Group, LTD. (Bowman) under its CCNA 2018 contract, renewed and extended in 2021, for services that will be required on the West Wabasso Septic to Sewer Phase 3 project moving forward. As the project prepares to move into the construction phase, the County has requested that Bowman provide Construction Administration and Certification services to ensure the project is constructed in compliance with the bid documents. All services shall be provided on a time and expense basis for those activities as requested by IRCDUS. Fees will be based on the approved standard hourly rate schedule in the Agreement. Services will be invoiced monthly Funding: Funds in the amount of $75,000.00 for this project are derived from the Impact Fee/West Wabasso Sewer Phase 3 account, number 472-169000-21512. These are Utilities capital funds that are generated from impact fees. Furthermore, growth of the sewer collection system has created the need for the construction, and that growth will benefit from the construction. Description Account Number Amount Impact Fee/West Wabasso Sewer Phase 3 472-169000-21512 $75,000.00 Recommendation: Staff recommends that the Board of County Commissioners approve Work Order 9 for Bowman Consulting Group, LTD., to perform the construction administration and certification for the amount, not to exceed, of $75,000.00, and authorize the Chairman to sign on their behalf. Attachment: Work Order No. 9: Bowman Consulting Group, LTD. Page 1 f CCNA2018 WORK ORDER 9 West Wabasso Septic to Sewer Phase 3B Construction Administration & Certification This Work Order Number 9 is entered into as of this _ day of 2022, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018, and extended on May 7, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Bowman Consulting Group, Ltd. ("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 Bowman Consulting Grou d OF INDIAN RIVER COUNTY By: Print Name: Erik Juliano, P.E. Peter D. O'Bryan, Chairman Title: Branch Manager BCC Approved Date: 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 53 CCNA2018 WORK ORDER 9 Bowman Consulting Group, LTD. EXHIBIT A - SCOPE OF WORK Bowman Consulting Group Ltd. (Bowman) is pleased to submit this proposal for professional engineering services to Indian River County Department of Utility Services (IRCDUS) to provide Construction Administration and Certification Services for the West Wabasso Septic to Sewer (S2S) Phase 3B project. PROJECT BACKGROUND & UNDERSTANDING Bowman services for the design, permitting and bidding of the West Wabasso S2S Phase 3B project are complete. The County is currently awaiting contractor's bids. As the project prepares to move into the construction phase the County has requested that Bowman provide Construction Administration and Certification services to ensure the project is constructed in compliance with the bid documents. SCOPE OF SERVICES We propose to provide the following services: Task 1— Construction Administration & Certification Services Following the bid opening issuance of the Notice to Proceed Bowman will provide engineering services to include the following: 1) Schedule and conduct a pre -construction conference with the Contractor and IRCDUS staff and provide meeting minutes. Conduct a pre -work walk though to document existing conditions. 2) Review shop drawings and material submittals. 3) Review Contractor's pay requests. 4) Review request for information (RFI's) to help facilitate construction related activities: a. Analyze and address field problems that arise b. Evaluate change orders and time extension requests 5) Conduct periodic site visits to observe construction activities. a. Prepare and maintain written reports of the contractor's progress and of significant events affecting the work b. Record noteworthy incidents or events with video and/or photography. c. Observe and document construction testing activities — including materials testing, utility testing, and other related activities. d. Observe lift station start-up and certify proper operation. 6) Conduct Initial walk-through and prepare a punchlist upon substantial completion. 7) Review as -built survey provided by Contractor. 8) Conduct Final Inspection to ensure punchlist items are addressed. 9) Certify construction completion to Florida Department of Environmental Protection (FDEP) and Indian River County Public Works. 10) Prepare a close-out package including inspection reports, testing data, final as-builts, and certifications. These services are based on the 240 -day construction contract schedule. Increases in contract time may result in additional work. SERVICES NOT INCLUDED Specifically excluded is resident or full-time inspection. CCNA2018 WORK ORDER 9 Bowman Consulting Group, LTD. EXHIBIT B — FEE SCHEDULE COMPENSATION All services shall be provided on a time and expense basis for those activities as requested by IRCDUS. Fees will be based on the approved standard hourly rate schedule in the Agreement. Services will be invoiced monthly. Bowman will not exceed $75,000.00 invoicing without the County's prior approval. EXHIBIT C — WORK SCHEDULE The schedule for these services is tied to the 240 -day construction contract schedule. 55 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: September 30, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Harrison Youngblood, PE, Utilities Engineer, Utility Services Subject: Work Order 4 to Schulke, Bittle, and Stoddard, LLC Background/Analysis: The proposed project will provide surveying, engineering design, and permitting for the construction of a new 8" water main along 51s' Court from 53rd Street north approximately 330 linear feet crossing the Indian River Farms Water Control District (IRFWCD) 250' canal right-of-way (ROW). The water main will loop the current water distribution system serving the Vero Lago development and Waterway Village development. A portion of the water main will cross the IRFWCD canal on the existing utility shelf of the concrete bridge that spans the canal. The construction will provide redundancy in the water distribution system that serves these two developments by making the connection to a water transmission main on 53rd Street. This connection will provide a higher level of assurance and security of the availability of water to Waterway Village and Vero Lago. In the event of an unforeseen operational failure, maintenance requirement, or other event that could temporarily close the existing water service, both of the developments would be compromised by having to shut down the single feed currently serving them. By making a second connection to the Indian River County (IRC) water distribution system serving this area, the developments would still be supplied water during an event that would temporarily close the existing service line, therefore assuring the 1650 residents in the area will not be without water. Funding: Funds in the amount of $35,000 for this project are accounted for in the Utilities/515` Court Water Main account, number 471-169000-22509, located in the Utilities operating fund. Utilities operating funds are derived from water and sewer sales. Description Account Number Amount Utilities/51St Court Water Main 471-169000-22509 $35,000 Recommendation: Staff recommends that the Board of County Commissioners approve Work Order 4 to Schulke, Bittle, and Stoddard, LLC., in the amount of $35,000, and authorize the Chairman to execute and sign on their behalf. Attachment: 1. Work Order No. 4: Schulke, Bittle, and Stoddard, LLC Page If Water Main Extension 51s' Court This Work Order Number is entered into as of this _ day of , 2022, pursuant to that certain Continuing Contract Agreement for Professional Services, dated April 17, 2018, renewed and amended as of May 18, 2021, (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Schulke, Bittle and Stoddard, LLC ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1 (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 2 (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 3 (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 Schulke, Bittle and Stoddard, LLC OF INDIAN RIVER COUNTY By: By: Joseph W. Schulke, P.E. Peter O'Bryan, Chairman Title: Managing Member BCC Approved Date: 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 57 EXHIBIT `1' SCOPE OF WORK WORK ORDER NO. Project Description The proposed project will provide surveying, engineering design and permitting for the construction of a new 8" water main along 515 Ct, from 53`d St north approximately 330 If crossing the IRFWCD 250' canal ROW. The water main will provide an interconnection and loop the current water distribution system serving the Vero Lago development and Waterway Village development. A portion of the water main will cross the existing IRFWCD canal on the existing utility shelf of the exiting concrete bridge which spans the canal. The construction will provide existing utility customers that currently are served by water distribution systems an additional connection to a water transmission main on 53rs Street, which will provide a higher level of assurance and security of the availability of water in the event of an unforeseen operation failure, maintenance requirement or other event that could temporarily close existing water service connections to the IRC distribution system serving this area. Scope of Services Schulke, Bittle & Stoddard, L.L.C. will provide services including surveying, engineering design, preparation of construction plans, preparation and submittal of permit applications, preparation of contract / bid documents, construction administration and periodic construction field inspection for the construction of the new 8" water main along 51st Ct north of 53,d Street, adjacent to the Vero Lago and Waterway Village communities. (See Attachment "A" for location and Attachment "B" for construction cost estimate, and Attachment "C" for preliminary plan). The estimated cost for this project is $197,265.00. In connection with this project, the County will provide the Engineer with a copy of any pertinent Preliminary Data or Reports; all available drawings in electronic AutoCADD format; all surveys, maps and other documentation in the possession of or reasonably available to the County that are pertinent to the project. Services not included in this scope of services are listed as follows: • Excavation for field verification of actual locations of existing underground utilities and structures. It is requested that Indian River County provide the excavation as directed by Schulke, Bittle & Stoddard, L.L.C. • Any services associated with assisting Indian River County in review and evaluation of patent related disputes, issues, or claims including preparing to serve or serving as a consultant or witness for Indian River County in litigation, arbitration, public or private hearings, or other legal administrative proceedings involving patent related disputes, issues or claims. • Any services in connection with the project not otherwise provided for in this scope of services. In order to execute this project in the most cost effective manner with the most aggressive schedule, Schulke, Bittle & Stoddard, L.L.C. is retaining Meridian Land Surveying to prepare a route survey necessary for the design and construction of the project, and IF REQUIRED, will retain KSM Engineering and Testing, Inc., for the geotechnical evaluation of the soils within the project. Kfl EXHIBIT `2' FEESCHEDULE WORK ORDER NO. _ Method and Amount of Compensation Schulke, Bittle & Stoddard, L.L.C., proposes to provide the above Scope of Services based on the following lump sum fees: 1. Surveying: route survey of 560, Place, from 53'4 Street to a point approximately 350 ft north of 531d Street., to include the establishment of a $ 0.12/sheet Blue Line Prints $ 0.333/SF baseline of survey and baseline of construction, location of all existing pavement, $ 0.50/sheet Reproducible Sepias $ 0.75/SF utilities and other improvements, and establishment of survey horizontal $ 2.00/each Reproducible Mylars $ 1.00/SF and vertical control. $4,000.00 2. Geotechnical Evaluation: NA. Borings will be provided at IRCDUS request, as needcd. $TBD 3. Preliminary Engineering: Consultant coordination; field investigation, documentation review, base plan preparation. $3,500.00 4. Engineering design, preparation of Construction Plans & Specifications, preparation and submittal of permit Applications. Preparation of bid documents. Assistance during Bidding, bid evaluation, contract award. $20,000.00 5. Construction Administration (Pre -con, shop review, pay requests, change orders, minor plan modifications, Periodic Construction/Field Inspections, As -Built review, final documentation for close-out and final certifications.) $5,000.00 6. Reimbursables: Reimbursement for payment of direct costs, including Reproduction and application fees. (See below for actual costs) $2,500.00 estimate Total: $35,000.00 Printine and Reproduction The County shall make direct payment to our office for the cost of printing project plan sheets required for utility coordination and for copies of reports, drawings, specifications, and other pertinent items required by federal, state and local agencies from whom approval of the project must be obtained, material suppliers, and other interested parties, but may charge only for the actual cost of providing such copies based on the following tabulation: 8 1/2" x i l" $ 0.12/sheet Blue Line Prints $ 0.333/SF 11" x 17" $ 0.50/sheet Reproducible Sepias $ 0.75/SF 31/2" diskette $ 2.00/each Reproducible Mylars $ 1.00/SF CD $ 4.00/each Application Fees The county shall make direct payment to our office for the actual cost of all construction permit application fees paid to jurisdictional agencies, including but not limited to: • IRC ROW —N/A (IRCDUS does not pay IRC ROW application fees) • FDEP Water - $250 IRFWCDUtility --$250 FDEP NOl - $400 _A� EXHIBIT `3' TIME SCHEDULE WORK ORDER NO. Time of Performance The estimated time frame for completion of services from the approval of this Work Authorization is a follows: 1. Surveying, Engineering Design & Preparation of 3'� Months Construction Plans, specifications and Bid Documents 2. Submittal of Permit Applications and Receipt of permits 1 Month And Bidding/Contract Award (Done Concurrently) 3. Construction 2 Months Remainder of Page Intentionally Left Blank Indian River County ! �'am A' ARMae. IA V 17 • .ne v�. f ra R �� 1 �I 4 4(21/2022. 10:28:23 AM wlater ii Fire. Private wPressunzedMam 1:1,128 Commeraal, Indian River County — HydrantIndian River County. Active. RawMain Late; als. Inman River County 0 0.01 0.02 0.04 It Commercial, Pate Private Ind.. River County, sm Active Tran—rNtain . 0 0.02 0.04 0.0 Domestic, Indian River County Indian River County. Active DistribulionMaln RYtlrantLaterals. Private IRCGIS. FDOT. USDA IRCDUS. IRCPA ' Corrlestic. Private Pnvale. Pending, DrsUltwbuMAam � w5authCuuntyWelltocations ///■■■{{{ � Domestic, Pnyate 0 wNmhCWntyWelILocaO-s Indo, River County, Abandoned, Dlstribut-Main Ay&o,4�t �/ � r Fore. Indian River County ,�, Indian River GounCounty,WoPosed. OlsmbunonMaln ��!( wWale,interca-Locations 61 Attachment B Cost Estimate IRCDUS - 8" WM - 51st Court Bridge Crossing Description Qty Unit Price Total Mobilization 1 LS $10,000.00 $10,000.00 MOT 1 LS $5,000.00 $5,000.00 12"x8" Tapping Slv/Valve 1 LS $4,500.00 $4,500.00 Connect to Exist. 8" GV 1 1 LS $500.00 $500.00 8" PVC WM 1701 LF $60.00 $10,200.00 8" DIP WM (Flanged) - 160 LF 1 LS $90,000.00 $90,000.00 Concrete Cradle (Bridge) 10 EA $500.00 $5,000.00 Concrete Cradle (Earth) 6 EA $750.00 $4,500.00 Conc. Barrier - Flowable Fill/Pass Under 2 EA $1,000.00 $2,000.00 Replace Sidewalk 1201 SF $7.50 $900.00 Bac-T/Sample Points 2 EA $750.00 $1,500.00 Flush/Chlorinate 1 LS $500.00 $500.00 Geotech - Densities 1 LS $2,500.00 $2,500.00 Survey Stake-Outs/As-Builts 1 LS $4,000.00 $4,000.00 Subtotal $141,100.00 Contingency (15%) $21,165.00 Grand Total $162,265.00 62 a LC i � � an a o W C� M1 M aW '� .'Fa �nO F�i.i� WC10�� .� 6 , O } Q 7 ! TS b v �o W , �R Y. � o >n "ire �..°a. thYds'Y3'2 r•KI s s z x and SSz,Q tx yo-.: Lo o �F I til c +• .a . is • � ��ee: i awe's° ' !1 } m _ i z { u m O X L ...•.... J I'D oi 0 49 0o SZ S30V ! 3RD �2i3d C Not N V 3" fJ S1S } V .04�szt � .�...= � 1-p ( 0 N I 1X3 1 3�OaY 3f:RL;lf6J•C a _w lz F4 _g aa: �..• o: o thW ��' �o _I -t• I od t�'3d Q I c1 1 I Lei W e II y_ 711, cn �3 it �I oil a � �4C,4 I IS (. I SON+ ON371dI rn I ` OS_ZL + OGl_V1S Z� :v G 1N38 O'S { a J} d* 3t v � - a x 09_LO l l q 1N3 (1' Z CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll Human Resources Director DATE: October 10, 2022 SUBJECT: Revision to Administrative Policy AM -205.1 Probation and AM -702.1 Sick Leave BACKGROUND: Indian River County has established administrative policies outlining various policies, practices and procedures applicable to County employees. Human Resources is recommending the following revisions: AM -205.1 Probation 1. Removes language restricting probationary employees from applying for transfers or promotions. 2. Clarifies the extension of probation in limited circumstances not to exceed a total of 18 months. 3. Identifies the method of documentation and approval that is needed when a probationary employee is dismissed during probation. AM -702.1 Sick Leave 1. Provides a conversion to vacation leave of one-half of the sick leave hours over the maximum accrual at the end of each year for employees hired on or after October 1, 2011. F1 MnINr- The budgetary impact for the sick leave to vacation leave conversion will vary annually. Funding for these expenses will be paid from each department budget that is impacted. RECOMMENDATION: Staff respectfully requests the Board of County Commissioners approve the revisions to AM - 205.1 Probation and AM -702.1 Sick Leave. ATTACHMENTS: AM -205.1 Probation (draft and markup) AM -702.1 Sick Leave (draft and markup) -T POLICY. It is the policy of the County that all new employees and all present employees promoted to a new job are to be carefully monitored and evaluated for a probationary period on the job of at least six months. After satisfactory completion of the probationary Performance Appraisal, such employees will be evaluated on an annual basis as provided for in the unit PERFORMANCE APPRAISALS, AM -302.1. Probationary pay increases are detailed in the unit PAY PROGRESSION SYSTEM, AM -304.1. COMMENT: 1. Supervisors are to observe carefully the performance of each employee in a new job position. Where appropriate, weaknesses in performance, conduct, or attitude are to be brought to the employee's attention for correction. 2. Supervisors are to prepare a written appraisal of the employee's job performance by the end of the first six months on the new job. The appraisal is to include a recommendation as to whether the employee should continue in the position. All copies of the appraisal are to be forwarded to the department head and the Human Resources Department for inclusion in the employee's personnel file. Once processed, the employee will receive a copy of the appraisal from the Human Resources Department. 3. Employees will move from probation to regular status if they are given a satisfactory appraisal at the end of their initial six month employment period. As a general rule, six months is adequate time for management to determine an individual's suitability to move from probation to regular status and extensions will not be necessary. In limited situations, the probationary period may be extended up to a maximum of eighteen months as approved by the department head. The extension must be approved by the department head prior to the end of the initial six month probationary period and communicated in writing to the employee. 4. If a newly hired probationary employee has not demonstrated satisfactory job performance, supervisors may recommend termination at any time during the probationary period. The action to terminate must have the prior approval of the department head. The department head must be satisfied that appropriate training was provided to the probationary employee and that termination is appropriate. If the decision to terminate the probationary employee is made, a dismissal under the terms of probation memo will be provided to the employee by the department head. The documentation should be forwarded to Human Resources for inclusion in the personnel file. 5. Newly hired probationary employees who are terminated do not have the right of administrative appeal through appeals or grievance procedures. 65 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN 205.1 10/18/2022 POLICY RESOURCES MANUAL SUBJECT PAGE PROBATION 1 OF 2 It is the policy of the County that all new employees and all present employees promoted to a new job are to be carefully monitored and evaluated for a probationary period on the job of at least six months. After satisfactory completion of the probationary Performance Appraisal, such employees will be evaluated on an annual basis as provided for in the unit PERFORMANCE APPRAISALS, AM -302.1. Probationary pay increases are detailed in the unit PAY PROGRESSION SYSTEM, AM -304.1. COMMENT: 1. Supervisors are to observe carefully the performance of each employee in a new job position. Where appropriate, weaknesses in performance, conduct, or attitude are to be brought to the employee's attention for correction. 2. Supervisors are to prepare a written appraisal of the employee's job performance by the end of the first six months on the new job. The appraisal is to include a recommendation as to whether the employee should continue in the position. All copies of the appraisal are to be forwarded to the department head and the Human Resources Department for inclusion in the employee's personnel file. Once processed, the employee will receive a copy of the appraisal from the Human Resources Department. 3. Employees will move from probation to regular status if they are given a satisfactory appraisal at the end of their initial six month employment period. As a general rule, six months is adequate time for management to determine an individual's suitability to move from probation to regular status and extensions will not be necessary. In limited situations, the probationary period may be extended up to a maximum of eighteen months as approved by the department head. The extension must be approved by the department head prior to the end of the initial six month probationary period and communicated in writing to the employee. 4. If a newly hired probationary employee has not demonstrated satisfactory job performance, supervisors may recommend termination at any time during the probationary period. The action to terminate must have the prior approval of the department head. The department head must be satisfied that appropriate training was provided to the probationary employee and that termination is appropriate. If the decision to terminate the probationary employee is made, a dismissal under the terms of probation memo will be provided to the employee by the department head. The documentation should be forwarded to Human Resources for inclusion in the personnel file. 5. Newly hired probationary employees who are terminated do not have the right of administrative appeal through appeals or grievance procedures. 65 6. Employees completing a probationary period following a promotion who are unable to perform satisfactorily in their new jobs may return to their original jobs, if a vacancy exists, or they may be demoted to a different job. If the original job has been filled or no alternative job (for which the employee is qualified) which would be a demotion exists and there are no opportunities for transfers to other departments, management may terminate the unsatisfactorily performing promotional employee upon management's determination that such termination is in the best interest of the county. Decisions made relative to this item (6.) are to be documented carefully and in detail for the record of the affected employee. This record should specify what actions were taken to assist the employee and show that the decision is approved by the department head. Jason E. Brown F_ SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN 205.1 10/18/2022 POLICY RESOURCES MANUAL SUBJECT PAGE PROBATION 2 OF 2 6. Employees completing a probationary period following a promotion who are unable to perform satisfactorily in their new jobs may return to their original jobs, if a vacancy exists, or they may be demoted to a different job. If the original job has been filled or no alternative job (for which the employee is qualified) which would be a demotion exists and there are no opportunities for transfers to other departments, management may terminate the unsatisfactorily performing promotional employee upon management's determination that such termination is in the best interest of the county. Decisions made relative to this item (6.) are to be documented carefully and in detail for the record of the affected employee. This record should specify what actions were taken to assist the employee and show that the decision is approved by the department head. Jason E. Brown F_ POLICY: It is the policy of the County that all new employees and all present employees promoted to a new job are to be carefully monitored and evaluated for a probationary period on the job of at least six months. After satisfactory completion of the probationary Performance Appraisal, such employees will be evaluated on an annual basis as provided for in the unit PERFORMANCE APPRAISALS, AM -302.1. Probationary pay increases are detailed in the unit PAY PROGRESSION SYSTEM, AM -304.1. r..nKA M FLAT - 1. Supervisors are to observe carefully the performance of each employee in a new job position. Where appropriate, weaknesses in performance, conduct, or attitude are to be brought to the employee's attention for correction. 2. Supervisors are to prepare a written appraisal of the employee's job performance by the end of the first six months on the new job. The appraisal is to include a recommendation as to whether the employee should continue in the position. All copies of the appraisal are to be forwarded to the department head and the Human Resources Department for inclusion in the employee's personnel file. Once processed, the employee will receive a copy of the appraisal from the Human Resources Department. 3. Employees will move from probation to regular status if they are given a satisfactory appraisal at the end of their initial six month employment period. As a general rule, six months is adequate time for management to determine an individual's suitability to move from probation to regular status and extensions will not be necessary. In limited situations, the probationary period may be extended up to a maximum of eighteen months as approved by the department head. The extension must be approved by the department head prior to the end of the initial six month probationary period and communicated in writing to the employee. 4. If a newly hired probationary employee has not demonstrated satisfactory job performance, supervisors may recommend termination at any time during the probationary period. The action to terminate must have the prior approval of the department head. The department head must be satisfied that appropriate training was provided to the probationary employee and that termination is appropriate. If the decision to terminate the probationary employee is made, a dismissal under the terms of probation memo will be provided to the employee by the department head. The documentation should be forwarded to Human Resources for inclusion in the personnel file. M SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN 205.1 10/18/2022 POLICY RESOURCES MANUAL SUBJECT PAGE PROBATION 1 OF 2 It is the policy of the County that all new employees and all present employees promoted to a new job are to be carefully monitored and evaluated for a probationary period on the job of at least six months. After satisfactory completion of the probationary Performance Appraisal, such employees will be evaluated on an annual basis as provided for in the unit PERFORMANCE APPRAISALS, AM -302.1. Probationary pay increases are detailed in the unit PAY PROGRESSION SYSTEM, AM -304.1. r..nKA M FLAT - 1. Supervisors are to observe carefully the performance of each employee in a new job position. Where appropriate, weaknesses in performance, conduct, or attitude are to be brought to the employee's attention for correction. 2. Supervisors are to prepare a written appraisal of the employee's job performance by the end of the first six months on the new job. The appraisal is to include a recommendation as to whether the employee should continue in the position. All copies of the appraisal are to be forwarded to the department head and the Human Resources Department for inclusion in the employee's personnel file. Once processed, the employee will receive a copy of the appraisal from the Human Resources Department. 3. Employees will move from probation to regular status if they are given a satisfactory appraisal at the end of their initial six month employment period. As a general rule, six months is adequate time for management to determine an individual's suitability to move from probation to regular status and extensions will not be necessary. In limited situations, the probationary period may be extended up to a maximum of eighteen months as approved by the department head. The extension must be approved by the department head prior to the end of the initial six month probationary period and communicated in writing to the employee. 4. If a newly hired probationary employee has not demonstrated satisfactory job performance, supervisors may recommend termination at any time during the probationary period. The action to terminate must have the prior approval of the department head. The department head must be satisfied that appropriate training was provided to the probationary employee and that termination is appropriate. If the decision to terminate the probationary employee is made, a dismissal under the terms of probation memo will be provided to the employee by the department head. The documentation should be forwarded to Human Resources for inclusion in the personnel file. M 5. Newly hired probationary employees who are terminated do not have the right of administrative appeal through appeals or grievance procedures. 6. Employees completing a probationary period following a promotion who are unable to perform satisfactorily in their new jobs may return to their original jobs, if a vacancy exists, or they may be demoted to a different job. If the original job has been filled or no alternative job (for which the employee is qualified) which would be a demotion exists and there are no opportunities for transfers to other departments, management may terminate the unsatisfactorily performing promotional employee upon management's determination that such termination is in the best interest of the county. Decisions made relative to this item (6.) are to be documented carefully and in detail for the record of the affected employee. This record should specify what actions were taken to assist the employee and show that the decision is approved by the department head. Jason E. Brown DATE .: SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN 205.1 10/18/2022 POLICY RESOURCES MANUAL SUBJECT PAGE PROBATION 2 OF 2 5. Newly hired probationary employees who are terminated do not have the right of administrative appeal through appeals or grievance procedures. 6. Employees completing a probationary period following a promotion who are unable to perform satisfactorily in their new jobs may return to their original jobs, if a vacancy exists, or they may be demoted to a different job. If the original job has been filled or no alternative job (for which the employee is qualified) which would be a demotion exists and there are no opportunities for transfers to other departments, management may terminate the unsatisfactorily performing promotional employee upon management's determination that such termination is in the best interest of the county. Decisions made relative to this item (6.) are to be documented carefully and in detail for the record of the affected employee. This record should specify what actions were taken to assist the employee and show that the decision is approved by the department head. Jason E. Brown DATE .: POLICY: It is the policy of the County to permit employees to be absent from work due to non -work related sickness or injury. In order to help regular employees maintain their income during these absences, the County will provide compensation according to the guidelines below. COMMENT: 1. Sick Leave will accrue for all regular full-time and regular part-time employees beginning with the completion of their first full calendar month of employment. Full-time employees will accrue one day per month and part-time employees' accrual will be on a pro- rata basis. Part- time employees hired on orafterJune 22. 2001, will notaccrue sick leave. 2. New employees' sick leave is available for use as it is earned. To receive compensation while absent on medical leave the employee shall notify the immediate supervisor prior to or as soon as possible after the period of absence begins. The supervisor may request a physician's certification of the need for the absence. In every case, a person using more than five consecutive work days' sick leave will present certification of need for the absence and clearance to return to work from a licensed medical provider. Failure to present such certification may prevent the employee from being allowed to return to work or may result in no pay for the period of absence. 3. Sick Leave may be charged in increments of one-half hour minimum. 4. Sick Leave may be applied for the following purposes: a. Personal injury or illness not connected with the job, except that it may be used for the first seven calendar days of a work connected absence as detailed in the unit PAYROLL/SALARY ADMINISTRATION, AM -301.1, item 11. It may also be used beyond the seventh day to supplement Workers' Compensation benefits until the sick leave balance is reduced to 240 hours, at which time the employee may supplement Workers' Compensation benefits with vacation leave. Once all vacation is used, up to half the employee's remaining sick leave balance may be used for this purpose. b. Medical, dental, optical or chiropractic treatment/examination. C. Exposure to a contagious disease which would endanger others (as determined by a physician). d. Illness of a family member, defined as parent, child, sibling, spouse, stepchild, stepparent, stepsibling, grandparent, parent -in-law, child -in-law, sibling -in-law, and legal guardian. 69 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -702.1 10/18/2022 MANUAL SUBJECT PAGE SICK LEAVE 1 of 3 It is the policy of the County to permit employees to be absent from work due to non -work related sickness or injury. In order to help regular employees maintain their income during these absences, the County will provide compensation according to the guidelines below. COMMENT: 1. Sick Leave will accrue for all regular full-time and regular part-time employees beginning with the completion of their first full calendar month of employment. Full-time employees will accrue one day per month and part-time employees' accrual will be on a pro- rata basis. Part- time employees hired on orafterJune 22. 2001, will notaccrue sick leave. 2. New employees' sick leave is available for use as it is earned. To receive compensation while absent on medical leave the employee shall notify the immediate supervisor prior to or as soon as possible after the period of absence begins. The supervisor may request a physician's certification of the need for the absence. In every case, a person using more than five consecutive work days' sick leave will present certification of need for the absence and clearance to return to work from a licensed medical provider. Failure to present such certification may prevent the employee from being allowed to return to work or may result in no pay for the period of absence. 3. Sick Leave may be charged in increments of one-half hour minimum. 4. Sick Leave may be applied for the following purposes: a. Personal injury or illness not connected with the job, except that it may be used for the first seven calendar days of a work connected absence as detailed in the unit PAYROLL/SALARY ADMINISTRATION, AM -301.1, item 11. It may also be used beyond the seventh day to supplement Workers' Compensation benefits until the sick leave balance is reduced to 240 hours, at which time the employee may supplement Workers' Compensation benefits with vacation leave. Once all vacation is used, up to half the employee's remaining sick leave balance may be used for this purpose. b. Medical, dental, optical or chiropractic treatment/examination. C. Exposure to a contagious disease which would endanger others (as determined by a physician). d. Illness of a family member, defined as parent, child, sibling, spouse, stepchild, stepparent, stepsibling, grandparent, parent -in-law, child -in-law, sibling -in-law, and legal guardian. 69 5. Authorized sick hours shall not be counted as time worked for the purpose of computing overtime pay eligibility. 6. Maximum Accruals: a. For regular full-time employees hired on or after October 1, 2011, sick leave accruals will not exceed thirty days at any time. At the end of December of each year, any sick leave hours over the thirty (30) day maximum will be converted to vacation hours using the following formula: .50 x hours over max = Number of hours to be converted to vacation hours The converted hours will be added to the vacation accrual bank after the annual vacation reduction. b. Regular full-time employees hired prior to October 1, 2011, whose accrual banks are in excess of thirty days will remain eligible for a sick leave incentive as follows: Sick Leave Incentive Payment will be provided for full time employees as an incentive to avoid sick leave abuse. i. At the close of each anniversary year (based upon the hire date), Regular full time employees will be compensated for one-half of all sick leave days accumulated over thirty. The days that are compensated for through this plan will be deducted from the employee's total sick leave accumulation and paid at straight time rate. ii. When regular full time employees reach the maximum accumulation of sixty days, they will receive, at the end of their anniversary year, compensation for all additional hours earned over this maximum. The hours that are compensated for will be deducted from the employees' total accumulation and paid at straight time rate. iii. At promotion, an employee promoted into the position of Battalion Chief or Assistant Chief with a sick leave balance in excess of thirty days if hired on or after October 1, 2011, or in excess of sixty days if hired prior to October 1, 2011, will have their sick leave balance adjusted to either thirty or sixty days, respectively upon promotion. In addition, the employee will be credited with additional sick leave accruals for each month beyond their anniversary month until the month of promotion. The 70 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -702.1 10/18/2022 MANUAL SUBJECT PAGE SICK LEAVE 2 of 3 5. Authorized sick hours shall not be counted as time worked for the purpose of computing overtime pay eligibility. 6. Maximum Accruals: a. For regular full-time employees hired on or after October 1, 2011, sick leave accruals will not exceed thirty days at any time. At the end of December of each year, any sick leave hours over the thirty (30) day maximum will be converted to vacation hours using the following formula: .50 x hours over max = Number of hours to be converted to vacation hours The converted hours will be added to the vacation accrual bank after the annual vacation reduction. b. Regular full-time employees hired prior to October 1, 2011, whose accrual banks are in excess of thirty days will remain eligible for a sick leave incentive as follows: Sick Leave Incentive Payment will be provided for full time employees as an incentive to avoid sick leave abuse. i. At the close of each anniversary year (based upon the hire date), Regular full time employees will be compensated for one-half of all sick leave days accumulated over thirty. The days that are compensated for through this plan will be deducted from the employee's total sick leave accumulation and paid at straight time rate. ii. When regular full time employees reach the maximum accumulation of sixty days, they will receive, at the end of their anniversary year, compensation for all additional hours earned over this maximum. The hours that are compensated for will be deducted from the employees' total accumulation and paid at straight time rate. iii. At promotion, an employee promoted into the position of Battalion Chief or Assistant Chief with a sick leave balance in excess of thirty days if hired on or after October 1, 2011, or in excess of sixty days if hired prior to October 1, 2011, will have their sick leave balance adjusted to either thirty or sixty days, respectively upon promotion. In addition, the employee will be credited with additional sick leave accruals for each month beyond their anniversary month until the month of promotion. The 70 difference between the pre -promotion sick leave balance and the adjusted sick leave balance will be paid to the employee at their pre - promotion hourly rate of pay. The employee will remain eligible for sick leave payments identified under i. and ii. as noted above. 7. Regular full-time employees hired on or after October 1, 2011, with ten or more years of service with the County shall be paid one-half of all unused sick leave, to a maximum of one hundred twenty hours, upon retirement or death. Regular full time employees hired prior to October 1, 2011, with ten or more years of service with the County shall be paid one-half of all unused sick leave, to a maximum of two hundred forty hours, upon retirement, termination of employment for other than involuntary separation, or death. Note that employees being laid off shall have the option of leaving sick leave on account for up to one year. Employees leaving County employment having less than ten years' service shall not be paid for unused sick leave. 8. Regular full-time employees in the position of Fire Battalion Chief, Assistant Chief, or Fire Chief shall be paid for all unused sick leave upon retirement or death up to thirty days for employees hired on or after October 1, 2011, or up to sixty days for employees hired prior to October 1, 2011. There shall be no payment of sick leave for termination of employment to include voluntary separation. Jason E. Brown DATE 71 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -702.1 10/18/2022 MANUAL SUBJECT PAGE SICK LEAVE 3 of 3 difference between the pre -promotion sick leave balance and the adjusted sick leave balance will be paid to the employee at their pre - promotion hourly rate of pay. The employee will remain eligible for sick leave payments identified under i. and ii. as noted above. 7. Regular full-time employees hired on or after October 1, 2011, with ten or more years of service with the County shall be paid one-half of all unused sick leave, to a maximum of one hundred twenty hours, upon retirement or death. Regular full time employees hired prior to October 1, 2011, with ten or more years of service with the County shall be paid one-half of all unused sick leave, to a maximum of two hundred forty hours, upon retirement, termination of employment for other than involuntary separation, or death. Note that employees being laid off shall have the option of leaving sick leave on account for up to one year. Employees leaving County employment having less than ten years' service shall not be paid for unused sick leave. 8. Regular full-time employees in the position of Fire Battalion Chief, Assistant Chief, or Fire Chief shall be paid for all unused sick leave upon retirement or death up to thirty days for employees hired on or after October 1, 2011, or up to sixty days for employees hired prior to October 1, 2011. There shall be no payment of sick leave for termination of employment to include voluntary separation. Jason E. Brown DATE 71 ER, POLICY: It is the policy of the County to permit employees to be absent from work due to non -work related sickness or injury. In order to help regular employees maintain their income during these absences, the County will provide compensation according to the guidelines below. COMMENT: 1. Sick Leave will accrue for all regular full-time and regular part-time employees beginning with the completion of their first full calendar month of employment. Full-time employees will accrue one day per month and part-time employees' accrual will be on a pro- rata basis. Part- time employees hired on orafter June 22. 2001.. will notaccrue sick leave. 2. New employees' sick leave is available for use as it is earned. To receive compensation while absent on medical leave the employee shall notify the immediate supervisor prior to or as soon as possible after the period of absence begins. The supervisor may request a physician's certification of the need for the absence. In every case, a person using more than five consecutive work days' sick leave will present certification of need for the absence and clearance to return to work from a licensed medical provider. Failure to present such certification may prevent the employee from being allowed to return to work or may result in no pay for the period of absence. 3. Sick Leave may be charged in increments of one-half hour minimum. 4. Sick Leave may be applied for the following purposes: a. Personal injury or illness not connected with the job, except that it may be used for the first seven calendar days of a work connected absence as detailed in the unit PAYROLL/SALARY ADMINISTRATION, AM -301.1, item 11. It may also be used beyond the seventh day to supplement Workers' Compensation benefits until the sick leave balance is reduced to 240 hours, at which time the employee may supplement Workers' Compensation benefits with vacation leave. Once all vacation is used, up to half the employee's remaining sick leave balance may be used for this purpose b. Medical, dental, optical or chiropractic treatment/examination. C. Exposure to a contagious disease which would endanger others (as determined by a physician). d. Illness of a family member, defined as parent, child, sibling, spouse, stepchild, stepparent, stepsibling, grandparent, parent -in-law, child -in-law, sibling -in-law, and legal guardian. 72 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -702.1 10/18/2022 MANUAL SUBJECT PAGE SICK LEAVE 1 of 3 It is the policy of the County to permit employees to be absent from work due to non -work related sickness or injury. In order to help regular employees maintain their income during these absences, the County will provide compensation according to the guidelines below. COMMENT: 1. Sick Leave will accrue for all regular full-time and regular part-time employees beginning with the completion of their first full calendar month of employment. Full-time employees will accrue one day per month and part-time employees' accrual will be on a pro- rata basis. Part- time employees hired on orafter June 22. 2001.. will notaccrue sick leave. 2. New employees' sick leave is available for use as it is earned. To receive compensation while absent on medical leave the employee shall notify the immediate supervisor prior to or as soon as possible after the period of absence begins. The supervisor may request a physician's certification of the need for the absence. In every case, a person using more than five consecutive work days' sick leave will present certification of need for the absence and clearance to return to work from a licensed medical provider. Failure to present such certification may prevent the employee from being allowed to return to work or may result in no pay for the period of absence. 3. Sick Leave may be charged in increments of one-half hour minimum. 4. Sick Leave may be applied for the following purposes: a. Personal injury or illness not connected with the job, except that it may be used for the first seven calendar days of a work connected absence as detailed in the unit PAYROLL/SALARY ADMINISTRATION, AM -301.1, item 11. It may also be used beyond the seventh day to supplement Workers' Compensation benefits until the sick leave balance is reduced to 240 hours, at which time the employee may supplement Workers' Compensation benefits with vacation leave. Once all vacation is used, up to half the employee's remaining sick leave balance may be used for this purpose b. Medical, dental, optical or chiropractic treatment/examination. C. Exposure to a contagious disease which would endanger others (as determined by a physician). d. Illness of a family member, defined as parent, child, sibling, spouse, stepchild, stepparent, stepsibling, grandparent, parent -in-law, child -in-law, sibling -in-law, and legal guardian. 72 5. Authorized sick hours shall not be counted as time worked for the purpose of computing overtime pay eligibility. 6. Maximum Accruals: a. For regular full-time employees hired on or after October 1, 2011, sick leave accruals will not exceed thirty days at any time. At the end of December of each year, any sick leave hours over the thirty (30) day maximum will be converted to vacation hours using the following formula: 50 x hours over max = Number of hours to be converted to vacation hours The converted hours will be added to the vacation accrual bank after the annual vacation reduction. b. Regular full-time employees hired prior to October 1, 2011, whose accrual banks are in excess of thirty days will remain eligible for a sick leave incentive as follows: Sick Leave Incentive Payment will be provided for full time employees as an incentive to avoid sick leave abuse. At the close of each anniversary year (based upon the hire date), Regular full time employees will be compensated for one-half of all sick leave days accumulated over thirty. The days that are compensated for through this plan will be deducted from the employee's total sick leave accumulation and paid at straight time rate. ii. When regular full time employees reach the maximum accumulation of sixty days, they will receive, at the end of their anniversary year, compensation for all additional hours earned over this maximum. The hours that are compensated for will be deducted from the employees' total accumulation and paid at straight time rate. iii. At promotion, an employee promoted into the position of Battalion Chief or Assistant Chief with a sick leave balance in excess of thirty days if hired on or after October 1, 2011, or in excess of sixty days if hired prior to October 1, 2011, will have their sick leave balance adjusted to either thirty or sixty days, respectively upon promotion. In addition, the employee will be credited with additional sick leave accruals for each month beyond their anniversary month until the month of promotion. The 73 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -702.1 10/18/2022 MANUAL SUBJECT PAGE SICK LEAVE 2 of 3 5. Authorized sick hours shall not be counted as time worked for the purpose of computing overtime pay eligibility. 6. Maximum Accruals: a. For regular full-time employees hired on or after October 1, 2011, sick leave accruals will not exceed thirty days at any time. At the end of December of each year, any sick leave hours over the thirty (30) day maximum will be converted to vacation hours using the following formula: 50 x hours over max = Number of hours to be converted to vacation hours The converted hours will be added to the vacation accrual bank after the annual vacation reduction. b. Regular full-time employees hired prior to October 1, 2011, whose accrual banks are in excess of thirty days will remain eligible for a sick leave incentive as follows: Sick Leave Incentive Payment will be provided for full time employees as an incentive to avoid sick leave abuse. At the close of each anniversary year (based upon the hire date), Regular full time employees will be compensated for one-half of all sick leave days accumulated over thirty. The days that are compensated for through this plan will be deducted from the employee's total sick leave accumulation and paid at straight time rate. ii. When regular full time employees reach the maximum accumulation of sixty days, they will receive, at the end of their anniversary year, compensation for all additional hours earned over this maximum. The hours that are compensated for will be deducted from the employees' total accumulation and paid at straight time rate. iii. At promotion, an employee promoted into the position of Battalion Chief or Assistant Chief with a sick leave balance in excess of thirty days if hired on or after October 1, 2011, or in excess of sixty days if hired prior to October 1, 2011, will have their sick leave balance adjusted to either thirty or sixty days, respectively upon promotion. In addition, the employee will be credited with additional sick leave accruals for each month beyond their anniversary month until the month of promotion. The 73 difference between the pre -promotion sick leave balance and the adjusted sick leave balance will be paid to the employee at their pre - promotion hourly rate of pay. The employee will remain eligible for sick leave payments identified under i. and ii. as noted above. 7. Regular full-time employees hired on or after October 1, 2011, with ten or more years of service with the County shall be paid one-half of all unused sick leave, to a maximum of one hundred twenty hours, upon retirement or death. Regular full time employees hired prior to October 1, 2011, with ten or more years of service with the County shall be paid one-half of all unused sick leave, to a maximum of two hundred forty hours, upon retirement, termination of employment for other than involuntary separation, or death. Note that employees being laid off shall have the option of leaving sick leave on account for up to one year. Employees leaving County employment having less than ten years' service shall not be paid for unused sick leave. 8. Regular full-time employees in the position of Fire Battalion Chief, Assistant Chief, or Fire Chief shall be paid for all unused sick leave upon retirement or death up to thirty days for employees hired on or after October 1, 2011, or up to sixty days for employees hired prior to October 1, 2011. There shall be no payment of sick leave for termination of employment to include voluntary separation. Jason E. Brown DATE SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -702.1 10/18/2022 MANUAL SUBJECT PAGE SICK LEAVE 3 of 3 difference between the pre -promotion sick leave balance and the adjusted sick leave balance will be paid to the employee at their pre - promotion hourly rate of pay. The employee will remain eligible for sick leave payments identified under i. and ii. as noted above. 7. Regular full-time employees hired on or after October 1, 2011, with ten or more years of service with the County shall be paid one-half of all unused sick leave, to a maximum of one hundred twenty hours, upon retirement or death. Regular full time employees hired prior to October 1, 2011, with ten or more years of service with the County shall be paid one-half of all unused sick leave, to a maximum of two hundred forty hours, upon retirement, termination of employment for other than involuntary separation, or death. Note that employees being laid off shall have the option of leaving sick leave on account for up to one year. Employees leaving County employment having less than ten years' service shall not be paid for unused sick leave. 8. Regular full-time employees in the position of Fire Battalion Chief, Assistant Chief, or Fire Chief shall be paid for all unused sick leave upon retirement or death up to thirty days for employees hired on or after October 1, 2011, or up to sixty days for employees hired prior to October 1, 2011. There shall be no payment of sick leave for termination of employment to include voluntary separation. Jason E. Brown DATE 9a Sheriff Eric Flowers Indian River County Sheriff's Office October 11, 2022 The Honorable Peter O'Bryan, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Dear Chairman O'Bryan: Please accept this letter as my request to be placed on the Board of County Commissioner's agenda to brief the County Commissioners on the Sheriff's Office response to Hurricane Ian. In the aftermath of the storm and in conjunction with the Florida Sheriffs Association and the State EOC, IRCSO deployed several teams to Florida's west coast to offer mutual aid and assist in providing law enforcement services. Please place this item under the Constitutional Officers for the October 18, 2022 Board agenda. If you have any questions or need additional information, please feel free to contact me. Sincerely, Eric Flowers Sheriff EF:nmj 4055 41st Avenue • Vero Beach, FL 32960 • (772) 569-6700 • www.iresheriff.org '71,r9 This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF tiles without this notice. 7.A. Resolution 2022-48 Attachments: Staff Report 08-16-2022 - Agenda Item Number 8-0 RESO 2022-048 7.B. Fellsmere Library Saturday Hours Attachments: Staff Report 8. CONSENT AGENDA 8.A. Approval of UniFirst Customer Service Agreement and Addendum Attachments: Staff Report Customer Service Agreement Addendum to Customer Service Agreement 8.B. Interfund Borrowing - Fiscal Year 2021/2022 Attachments: Staff Report 8.C. Miscellaneous Budget Amendment 009 Attachments: Staff Report 2021 2022 Resolution Exhibit "A" 8.D. Final Ranking of Consultants and Authorization to Negotiate for Design Services for Emergency Operations Center Expansion (RFQ 2022062) Attachments: Staff Report 8.E. Amendment to Easement Number 32851 - Trans -Florida Central Railroad Trail (IRC -2115) Attachments: Staff Report FDEP Approval and Original Easement Documentation Delegation of Authority Action First Amendment to Easement Number 32851 8.F. Award of Liquid Aluminum Sulfate Bid #2023005 Attachments: Staff Report 8.G. Work Order 9 to Bowman Consulting Group, LTD Attachments: Staff Report Work Order No 9 Bowman Consulting Group LTD 8.H. Work Order 4 to Schulke, Bittle, and Stoddard, LLC Attachments: Staff Report Work Order No 4 October 18, 2022 Page 2 of 5 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney /041 Public Hearings - B.C.C. 10.18.22 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: October 5, 2022 ATTORNEY SUBJECT: Public Hearing to Consider an Ordinance Establishing the LP Community Development District- LEGISLATIVE BACKGROUND. On July 18, 2022, Jonathan Johnson submitted to Indian River County a Petition to Establish the LP Community Development District ("Petition"). The proposed district under the submitted Petition would cover approximately 502.47 acres of land, located generally south of County Road 510, west of 58`h Street, north of State Road 60 and east of 82nd Avenue. The property is owned by Ryall Development Group, LLC. There is one excluded parcel located within the boundaries of the proposed LP Community Development District, which is approximately 2.1 acres in size. As set forth in the Petition, the proposed district would be responsible for financing various infrastructure improvements such as the stormwater management system, roadways and water and wastewater systems. The total estimated cost of the construction of the proposed facilities, as set forth in the Petition, is roughly $76 million. Per section 190.005, Florida Statutes, the Indian River County Board of County Commissioners ("Board") has the authority to establish a community development district of less than 2,500 acres in size. Per the statutes, here are the criteria to be considered. 1. Whether all statements contained within the Petition have been found to be true and correct. 2. Whether the establishment of the proposed district is inconsistent with any applicable element or portion of the state comprehensive plan or of the Indian River County Comprehensive Plan. 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. Whether the proposed district is the best alternative available for delivering community development services and facilities to the area that will be served by the proposed district. %„A C.IGI-ic.ALIVS-5V31TewtbJ866JJ1-lb1l-4eb%-84V-&6a37.c3"d- 1 V Board of County Commissioners Re: Public Hearing to Consider an Ordinance Establishing the LP Community Development District- LEGISLATIVE October 5, 2022 — Page 2 5. Whether the community development services and facilities of the proposed district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. Whether the area that will be served by the proposed district is amenable to separate special - district government. Additionally, on June 7, 2022, the Board adopted the Indian River County Community Development District Guidelines (the "Guidelines"). Per the Guidelines, the Board has established the following guidelines as a minimum threshold for applicants seeking to file a petition to establish a community development district. 1) The real estate project must be 500 acres or more in size. 2) The real estate project must provide a street network which meets the following minimum standards: A. Be consistent with the existing Traditional Neighborhood Development (TND) standards per section 915.21; or B. Be designed in a traditional or modified grid -pattern where cul-de-sacs, loop roads, and dead-end streets are discouraged, and connectivity exists with neighboring developments. Road intersections are encouraged to have 4 -way directionality; and C. No more than ten (10) percent of blocks shall have a block with perimeter measuring one thousand eight hundred (1800) feet or more. Within commercial and mixed use areas, no block face dimension shall exceed four hundred (400) feet. Blocks may be defined (divided) by streets and major pedestrian paths; and D. Have at least one, connected, non -motorized facility, such as buffered bike lanes (7 feet minimum width), or shared -use path (12 ft minimum width), that connects a centralized feature, such as a park or commercial node, to a neighboring development. 3) Open space within the real estate project must be at least 10% greater than what is required per the County's Land Development Regulations. 4) Provision of a significant public benefit enjoyed by the general public beyond enhanced amenities and landscaping that will be enjoyed by the future property owners within the real estate project. The real estate project must also contain at least one of the following attributes: 1. Significant public infrastructure beyond improvements required through the development review process; 2. Multi -use real estate project; or 3. Traditional neighborhood development. C IGraaicwlLegivar31L31TempI b3866532-/b11-4ebf-8eJD-tV6c637cc398dx 77 Board of County Commissioners Re: Public Hearing to Consider an Ordinance Establishing the LP Community Development District- LEGISLATIVE October 5, 2022 — Page 3 With respect to the statutory criteria, the County staff believes that all of the criteria have been satisfied. Additionally, with respect to the Guidelines, the property is 502.47 acres and thus meets the minimum size requirement. With respect to the grid pattern requirements, the local streets follow a modified grid pattern with approximately seven percent of residential blocks measuring more than 1,800 feet, with no block face dimension exceeding 400 feet. Finally, an internal sidewalk and community trail system connects to the St. Sebastian Conservation Area. Thus, the real estate project meets the grid pattern requirements. On September 30, 2022, the Community Development Department approved an administrative approval for Liberty Park, which increased the overall open space from 340.27 acres to 350.34 acres. With this approval, the real estate project meets the open space requirements. County staff believes that the real estate project does meet the public benefit and significant public infrastructure requirements. The real estate project contains a 58 acre park (Ryall Park), 18 acre public use site (12th Street/58th Avenue), 4 acre public use site (CR 510/66' Avenue), and two conservation easements along Indian River Drive/37th Street (55 acres), conservation area (99th Street/Breezy Village MHP - 40 acres), and dedicated elementary school site. The real estate project is also a multi -use project with single-family residential, multi -family residential, commercial, civil/cultural and open space uses. Finally, any community development district approved by the Board will be required to record additional disclosure requirements, as approved by the County Attorney's Office, providing additional notice to future buyers of the existence of the community development district. RECOMMENDATION. The County Attorney's Office recommends that after the public hearing the Board vote to approve the draft ordinance and Petition to Establishing the LP Community Development District. ATTACHMENT(S). Petition to Establish the LP Community Development District LP AA DRAFT Ordinance Establishing Community Development District - LP C:IGrarttcwlLegirturfIGJITemp183B66331-/81/-4ebj�eJb-d16e637ed98dac PETITION TO ESTABLISH LP COMMUNITY DEVELOPMENT DISTRICT Submitted By: Jonathan T. Johnson Florida Bar No. 986460 Jonahan.Johnson@Kutakrock.com Kutak Rock LLP 107 West College Avenue Tallahassee, Florida 32301 (850) 692-7301 (telephone) (850) 692-7319 (facsimile) Attorneys for Petitioner 79 BEFORE THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA PETITION TO ESTABLISH THE LP COMMUNITY DEVELOPMENT DISTRICT Petitioner, Ryall Acquisition Group, LLC, a Florida limited liability company authorized to transact business in the state of Florida (hereafter "Petitioner"), hereby petitions the Indian River County Board of County Commissioners pursuant to the "Uniform Community Development District Act of 1980," Chapter 190, Florida Statutes, to establish a community development district (hereafter "District") with respect to the land described herein. In support of this petition, Petitioner states: 1. Location and Size. The proposed District is located entirely within Indian River County, Florida. Exhibit 1 depicts the general location of the project. The proposed District covers approximately 502.47 acres of land. The site is generally located south of County Road 510185' Street, west of 58d' Avenue, north of State Road 60 and east of 82nd Avenue. The metes and bounds description of the proposed external boundaries of the District is set forth in Exhibit 2. 2. Excluded Parcels. There is one outparcel located within the external boundaries of the proposed District which is to be excluded from the District. The name and address of the property owner, as well as the legal description, are provided at Exhibit 3. Establishment of the District will have no adverse impact on the excluded parcel. 3. Landowner Consent. Petitioner has obtained written consent to establish the District from the owners of one hundred percent (100%) of the real property located within the boundaries of the proposed District, in accordance with Section 190.005, Florida Statutes. 1 Documentation of this ownership and consent to the establishment of a community development district is contained in Exhibit 4. 4. Initial Board Members. The five persons designated to serve as initial members of the Board of Supervisors of the proposed District are as follows: Name: Vinny Olmstead Address: 2770 Indian River Blvd., Suite 501 Vero Beach, Florida 32960 Name: Chad Kelly Address: P.O. Box 5200 Vero Beach, Florida 32961 Name: Andrew Kennedy Address: 2050 US Highway 1, Suite 200 Vero Beach, Florida 32960 Name: Wendy Coya Address: 2770 Indian River Blvd., Suite 501 Vero Beach, Florida 32960 Name: Trey Olmstead Address: 2770 Indian River Blvd., Suite 501 Vero Beach, Florida 32960 All of the above -listed persons are residents of the state of Florida and citizens of the United States of America. 5. Name. The proposed name of the District is LP Community Development District. 6. Future Land Uses. The general distribution, location, and extent of the public and private future land uses proposed for the District, in accordance with the future land use plan element of the County's Future Land Use Plan, is identified in Exhibit 5. The proposed land uses for lands contained within the proposed District are consistent with the approved Indian River County Future Land Use Plan. 2 a 7. Major Water and Wastewater Facilities. Exhibit 6 shows the existing and proposed major trunk water mains, sewer interceptors, and outfalls serving the lands within and around the proposed District. 8. District Facilities and Services. Exhibit 7 describes the type of facilities Petitioner presently expects the proposed District to finance, fund, construct, acquire and/or install, as well as the anticipated entity responsible for ownership and maintenance. The estimated costs of constructing the infrastructure serving land within the proposed District are identified in Exhibit 8. At present, these improvements are estimated to be made, acquired, constructed and/or installed from 2022 to 2027. Actual construction timetables and expenditures will likely vary, due in part to the effects of future changes in the economic conditions upon costs such as labor, services, materials, interest rates and market conditions. 9. Statement of Estimated Regulatory Costs. Exhibit 9 is the statement of estimated regulatory costs ("SERC") prepared in accordance with the requirements of Section 120.541, Florida Statutes. The SERC is based upon presently available data. The data and methodology used in preparing the SERC accompany it. 10. Authorized Agent. The Petitioner is authorized to do business in Florida. Exhibit 10 identifies the authorized agent for the Petitioner. Copies of all correspondence and official notices should be sent to: Jonathan T. Johnson Jonathan.Johnson@Kutakrock.com Kutak Rock LLP 107 West College Avenue Tallahassee, Florida 32301 3 11. Guidelines Compliance. Exhibit 11 contains correspondence describing the Petitioner's compliance with the Indian River County Community Development District Guidelines. 12. This petition to establish the LP Community Development District should be granted for the following reasons: a. Establishment of the District and all land uses and services planned within the proposed District are not inconsistent with applicable elements or portions of the effective State Comprehensive Plan or the Indian River County Comprehensive Plan. b. The area of land within the proposed District is part of a planned community. It is of a sufficient size and is sufficiently compact and contiguous to be developed as one functional and interrelated community. C. The establishment of the District will prevent the general body of taxpayers in Indian River County from bearing the burden for installation of the infrastructure and the maintenance of certain facilities within the development encompassed by the District. The District is the best alternative for delivering community development services and facilities to the proposed community without imposing an additional burden on the general population of the local general- purpose government. Establishment of the District in conjunction with a comprehensively planned community, as proposed, allows for a more efficient use of resources. d. The community development services and facilities of the District will not be incompatible with the capacity and use of existing local and regional community development services and facilities. In addition, the establishment of the District will provide a perpetual entity capable of making reasonable provisions for the operation and maintenance of the District's services and facilities. 4 r;*K e. The area to be served by the proposed District is amenable to separate special - district government. WHEREFORE, Petitioner respectfully requests the County Commission of Indian River County, Florida to: a. schedule a public hearing in accordance with the requirements of Section 190.005(2)(b), Florida Statutes; b. grant the petition and adopt an ordinance establishing the District pursuant to Chapter 190, Florida Statutes; and C. grant such other relief as appropriate. [Remainder of page intentionally blank] 5 RESPECTFULLY SUBMITTED, this 18th day of July, 2022. KUTAK ROCK LLP Jonathan T. Johnson Jonathan.johnson@kutakrock.com Florida Bar No. 986460 107 West College Avenue Tallahassee, Florida 32301 (850) 692-7301 (telephone) (850) 692-7319 (facsimile) Attorney for Petitioner EXHIBIT 1 c N c N O p 1P o CV O N LO V .1 11 Q .\Jen o aAV PJet,__ Q any k99 U U CO any pUZ2 195 U Z 0o LO_ o rd r 0 � u 0_U U m Q d Zl9 Z43 J z a IL CL a 0) Q any ylgg H 1- W a Z -JM a V O > > any 4199 W 0 I- _ Z O V o � a U U J any PUZS �j V o Z O is o« 1 I s� L o yip 1-95 � !LM -P -W' ••ten di - oizz\zzoz\•==•r==d\�\�A EXHIBIT 2 TT LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, AND SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, AND SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 31; THENCE SOUTH 00°32'55" WEST, ALONG THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 37.26 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST LINE SOUTH 86°40'22" EAST, A DISTANCE OF 55.06 FEET TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF 66TH AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 1011, PAGE 2593, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND THE SOUTH RIGHT-OF-WAY LINE OF 85TH STREET AS SHOWN ON THE RIGHT-OF-WAY MAP RECORDED IN PLAT BOOK 11, PAGE 31, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 89°31'47" EAST ALONG SAID SOUTH RIGHT- OF-WAY LINE OF 85TH STREET, A DISTANCE OF 407.85 FEET, TO AN INTERSECTION WITH THE EAST LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1586, PAGE 1974, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00032'51" WEST ALONG SAID EAST LINE, A DISTANCE OF 730.00 FEET, TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTH 770 FEET OF SAID SECTION 32; THENCE SOUTH 89°31'47" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 127.28 FEET TO AN INTERSECTION WITH THE WEST LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2683, PAGE 2135, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00032'55" WEST ALONG SAID WE LINE, A DISTANCE OF 220.00 FEET, TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTH 990 FEET OF SAID SECTION 32; THENCE SOUTH 89031'47" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 737.38 FEET TO AN INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF 64TH AVENUE AS SHOWN ON THE PLAT OF DOUGLAS SUBDIVISION, PLAT BOOK 2, PAGE 52, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00°39'20" WEST ALONG SAID WEST RIGHT-OF-WAY, A DISTANCE OF 386.47 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY OF SUB -LATERAL R-1 3E CANAL OF THE SEBASTIAN RIVER WATER CONTROL DISTRICT AND THE EAST LINE OF THE SOUTHWEST 114 OF THE NORTHWEST 1/4 OF SAID SECTION 32; THENCE SOUTH 00°38'49" WEST ALONG SAID EAST LINE A DISTANCE OF 281.02 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2066, PAGE 651, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 89042'57" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 662.99 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2066, PAGE 651; THENCE SOUTH 00035'37" WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 910.68 FEET TO AN INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF 81ST STREET AS DESCRIBED IN OFFICIAL RECORDS BOOK 2168, PAGE 155 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 89055'33" WEST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 1820.78 FEET; THENCE NORTH 89050'59" WEST, A DISTANCE OF 252.87 FEET; THENCE NORTH 89055'39" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF 81ST STREET AS DESCRIBED IN OFFICIAL RECORDS BOOK 2168, PAGE 155, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, A DISTANCE OF 959.73 FEET, TO AN INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE WEST RIGHT-OF-WAY LINE OF 67TH COURT AS DESCRIBED IN OFFICIAL RECORDS BOOK 2168, PAGE 155, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00030'30" •. i EAST ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 1201.22 FEET, TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY OF SUB -LATERAL R -13E CANAL OF THE SEBASTIAN RIVER WATER CONTROL DISTRICT; THENCE NORTH 89°51'13" WEST ALONG SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 685.02 FEET TO AN INTERSECTION WITH THE WEST LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1792, PAGE 887, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00°30'30" WEST ALONG SAID WEST LINE, A DISTANCE OF 396.50 FEET; THENCE SOUTH 47°22'58" WEST, A DISTANCE OF 160.20 FEET; THENCE SOUTH 43°02'19" EAST, A DISTANCE OF 196.71 FEET TO THE WEST LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1792, PAGE 887, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00030'30" WEST ALONG SAID WEST LINE, A DISTANCE OF 573.75 FEET, TO AN INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF 81ST STREET AS DESCRIBED IN OFFICIAL RECORDS BOOK 2168, PAGE 155, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 89°55'39" WEST ALONG SAID NORTH RIGHT-OF-WAY, A DISTANCE OF 714.04 FEET AND TO A NON -TANGENT POINT OF A CIRCULAR CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 3000.00 FEET, THROUGH A CENTRAL ANGLE OF 13015'41 ", FOR AN ARC LENGTH OF 694.36 FEET, TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF 81ST STREET, SAID CURVE IS SUBTENDED BY A CHORD OF 692.81 FEET THAT BEARS SOUTH 83017'49" EAST; THENCE NORTH 89°55'40" WEST ALONG SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 919.76 TO AN INTERSECTION WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 31; THENCE SOUTH 00°28'22" WEST ALONG SAID EAST LINE, A DISTANCE OF 1279.13 FEET, TO AN INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF SUB -LATERAL R -14E CANAL OF THE SEBASTIAN RIVER WATER CONTROL DISTRICT; THENCE NORTH 89°48'47" WEST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 2653.38 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID SECTION 31; THENCE CONTINUE NORTH 89°48'47" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE OF SUB -LATERAL 14E CANAL, A DISTANCE OF 618.52 FEET, TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID SUB - LATERAL 14E CANAL; THENCE NORTH 00°06'05" EAST ALONG SAID EAST RIGHT-OF- WAY A DISTANCE OF 1965.09 FEET; THENCE CONTINUE NORTH 89°09'34" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 664.48 FEET; THENCE NORTH 00°08'30" WEST, A DISTANCE OF 663.80 FEET, TO AN INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTH RIGHT-OF-WAY LINE OF SAID SUB -LATERAL R -13E CANAL; THENCE SOUTH 89037'14" EAST, A DISTANCE OF 623.61 FEET, TO AN INTERSECTION WITH THE EAST LINE OF CITRUS HIDEAWAY SUBDIVISION, AS RECORDED IN PLAT BOOK 10, PAGE 26, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00011'52" EAST ALONG SAID EAST LINE, A DISTANCE OF 643.80 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89035'53" EAST, A DISTANCE OF 664.42 FEET, TO AN INTERSECTION WITH THE WEST LINE OF SAID SECTION 31; THENCE NORTH 00011'59" EAST ALONG SAID WEST LINE, A DISTANCE OF 624.62 FEET, TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID 85TH STREET; THENCE SOUTH 89042'30" EAST ALONG SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 330.92 FEET, TO AN INTERSECTION WITH THE WEST LINE OF THE EAST 185 FEET OF THE NORTH 165 FEET OF THE WEST 15 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE SOUTH 00°19'55" WEST ALONG SAID WEST LINE, A DISTANCE OF 125.00 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE EAST 185 FEET OF THE NORTH 165 FEET OF THE WEST 15 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE SOUTH 89042'30" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 185.00 FEET TO AN m INTERSECTION WITH THE EAST LINE OF THE EAST 185 FEET OF THE NORTH 165 FEET OF THE WEST 15 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE NORTH 00°19'55" EAST ALONG SAID EAST LINE, A DISTANCE OF 125.58 FEET, TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID 81ST STREET; THENCE SOUTH 89°42'30" EAST ALONG SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 1177.70 FEET, TO AN INTERSECTION WITH THE WEST LINE OF THE NORTH 290 FEET OF THE EAST 300 FEET OF THE EAST 25 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE WEST 20 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE SOUTH 00019'55" WEST ALONG SAID WEST LINE, A DISTANCE OF 249.75 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTH 290 FEET OF THE EAST 300 FEET OF THE EAST 25 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE WEST 20 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE SOUTH 89°42'30" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 300.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE NORTH 290 FEET OF THE EAST 300 FEET OF THE EAST 25 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE WEST 20 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE NORTH 00°19'55" EAST ALONG SAID EAST LINE, A DISTANCE OF 249.54 FEET, TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID 81ST STREET; THENCE SOUTH 89°42'30" EAST ALONG SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 487.82 FEET; THENCE CONTINUE NORTH 84034'43" EAST ALONG SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 100.45 FEET; THENCE SOUTH 89042'22" EAST, A DISTANCE OF 92.46 FEET; THENCE SOUTH 89°59'44" EAST, A DISTANCE OF 2553.50 FEET; THENCE SOUTH 86°40'22" EAST, A DISTANCE OF 125.15 FEET, TO AN INTERSECTION WITH THE EAST LINE OF SAID SECTION 31 AND THE POINT OF BEGINNING. LESS AND EXCEPT A PARCEL IN THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31, THENCE NORTH 00032'55" EAST ALONG THE EAST LINE OF SAID SECTION 31 TO AN INTERSECTION WITH THE NORTH LINE OF SUB - LATERAL R -13E CANAL OF THE SEBASTIAN RIVER WATER CONTROL DISTRICT, A DISTANCE OF 50.00 FEET; THENCE DEPARTING SAID EAST LINE NORTH 89051'13" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 25.00 FEET, TO AN INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF 66TH AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 1011, PAGE 2593, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 89051'13" WEST, A DISTANCE OF 304.12 FEET; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE NORTH 00032'55" EAST PARALLEL WITH THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 328.37 FEET; THENCE SOUTH 83050'40" EAST, A DISTANCE OF 305.57 FEET, TO AN INTERSECTION WITH SAID WEST RIGHT-OF-WAY LINE OF 66TH AVENUE; THENCE SOUTH 00032'55" WEST ALONG SAID WEST RIGHT-OF-WAY LINE OF 66TH AVENUE, A DISTANCE OF 296.38 FEET, TO THE POINT OF BEGINNING. OVERALL PARCEL CONTAINING 21,887,590.04 SQUARE FEET OR 502.47 ACRES±. 91 8 i I -{! _. ... _.. SUB—tA7ERAL R -14E jgv e� QY liltl Av -lit 11 s'eg age I I e � I !'IYE I i as elf?; lit z IMP ` II Tei a I !I I II Masteller, Moler & Ta�]or, Inc. € � Professional SY�rveyols en msp� "€ Ana s yanga��as ae 4644 a I LPCDD EXHIBIT 3 93 EXCLUDED PARCEL INFORMATION Property Owner Name and Address: Parcel ID 31393100000100000001.3 Marilou Keen 8325 66' Avenue Vero Beach, Florida 32967 A PARCEL IN THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31, THENCE NORTH 00032'55" EAST ALONG THE EAST LINE OF SAID SECTION 31 TO AN INTERSECTION WITH THE NORTH LINE OF SUB -LATERAL R -13E CANAL OF THE SEBASTIAN RIVER WATER CONTROL DISTRICT, A DISTANCE OF 50.00 FEET; THENCE DEPARTING SAID EAST LINE NORTH 89051'13" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 25.00 FEET, TO AN INTERSECTION WITH THE WEST RIGHT-OF- WAY LINE OF 66TH AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 1011, PAGE 2593, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 89051'13" WEST, A DISTANCE OF 304.12 FEET; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE NORTH 00032'55" EAST PARALLEL WITH THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 328.37 FEET; THENCE SOUTH 83°50'40" EAST, A DISTANCE OF 305.57 FEET, TO AN INTERSECTION WITH SAID WEST RIGHT-OF-WAY LINE OF 66TH AVENUE; THENCE SOUTH 00032'55" WEST ALONG SAID WEST RIGHT-OF-WAY LINE OF 66TH AVENUE, A DISTANCE OF 296.38 FEET, TO THE POINT OF BEGINNING. 4886-6178-5385.1 94 EXHIBIT 4 95 CONSENT AND .JOINDER TO ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT The undersigned is the owner of certain lands more fully described in Exhibit A attached hereto and made a part hereof ("Property"). The undersigned understands and acknowledges that PikJ ALW,,t,sIVtG1'%�l►t`i ("Petitioner") intends to submit an application to establish a community development district in accordance with the provisions of Chapter 190 of the Florida Statutes. As the owner of lands which are intended to constitute a portion of the community development district, the undersigned understands and acknowledges that pursuant to the provisions of Section 190,005, Florida Statutes, the Petitioner is required to include the written consent to the establishment of the community development district of one hundred percent (100%) of the owners of the lands to be included within the community development district. The undersigned hereby consents to the establishment of the community development district which will include the Property within the lands to be a part of the community development district and agrees to further execute any documentation necessary or convenient to evidence this consent and joinder during the application process for the establishment of the community development district. The undersigned acknowledges that the consent will remain in full force and effect until he community development district is established or a written revocation is issued, which ever hall first occur. The undersigned further agrees that it will provide to the next purchaser or uccessor in interest of all or any portion of the Property a copy of this consent form and btain, if requested by Petitioner, a consent to establishment of the community development istrict in substantially this form. The undersigned hereby represents and warrants that it has taken all actions and )tained all consents necessary to duly authorize the execution of this consent and joinder by e person executing this instrument. [signatures on following page] 41 Executed this day of _.�� 2022. WITNESSES: Name: ATE OF FLORIDA )UNTY OF tMUCLn (&&y r Ryall Acquisition Group, LLC a Florida limited liability company By: Name: Title: I hereby certify that on this day, before me, by means of 0 physical presence or O line notarization, an officer duly authorized to take acknowledgments, personally appeared vlftd a-� , as i1.1ULY & a ;r ofEj ho executed the ,egoing instrument, acknowledged before me tfiat s/he executed the same on behalf of the egoing entity and was identified in the manner indicated below. Witness my hand and official seal this lk1day of 3tAu1 .2022. SALLY ROGERS r �RYP`°� Notary Public State of Florida er Commission # HH 113513 ' °: ��1v Commission Expires Notary Public '��r���`` July 31, 2025 • JOVtaPE it A: Property Description 2 Personally known: Produced Identification: Type of Identification: �*A Exhibit A LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, AND SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, AND SECTION 32, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 31; THENCE SOUTH 00032'55" WEST, ALONG THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 37.26 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST LINE SOUTH 86040'22" EAST, A DISTANCE OF 55.06 FEET TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF 66TH AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 1011, PAGE 2593, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND THE SOUTH RIGHT-OF-WAY LINE OF 85TH STREET AS SHOWN ON THE RIGHT-OF-WAY MAP RECORDED IN PLAT BOOK 11, PAGE 31, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 89°31'47" EAST ALONG SAID SOUTH RIGHT- OF-WAY LINE OF 85TH STREET, A DISTANCE OF 407.85 FEET, TO AN INTERSECTION WITH THE EAST LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1586, PAGE 1974, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00°32'51" WEST ALONG SAID EAST LINE, A DISTANCE OF 730.00 FEET, TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTH 770 FEET OF SAID SECTION 32; THENCE SOUTH 89°31'47" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 127.28 FEET TO AN INTERSECTION WITH THE WEST LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2683, PAGE 2135, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00°32'55" WEST ALONG SAID WE LINE, A DISTANCE OF 220.00 FEET, TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTH 990 FEET OF SAID SECTION 32; THENCE SOUTH 89031'47" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 737.38 FEET TO AN INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF 64TH AVENUE AS SHOWN ON THE PLAT OF DOUGLAS SUBDIVISION, PLAT BOOK 2, PAGE 52, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00°39'20" WEST ALONG SAID WEST RIGHT-OF-WAY, A DISTANCE OF 386.47 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY OF SUB -LATERAL R-1 3E CANAL OF THE SEBASTIAN RIVER WATER CONTROL DISTRICT AND THE EAST LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 32; THENCE SOUTH 00°38'49" WEST ALONG SAID EAST LINE A DISTANCE OF 281.02 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2066, PAGE 651, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 89042'57" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 662.99 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2066, PAGE 651; THENCE SOUTH 00°35'37" WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 910.68 FEET TO AN INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF 81ST STREET AS DESCRIBED IN OFFICIAL RECORDS BOOK 2168, PAGE 155 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 89°55'33" WEST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 1820.78 FEET; THENCE NORTH 89°50'59" WEST, A DISTANCE OF 252.87 FEET; THENCE NORTH 89055'39" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF 81ST STREET AS DESCRIBED IN OFFICIAL RECORDS BOOK 2168, PAGE 155, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, A DISTANCE OF 959.73 FEET, TO AN INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE WEST RIGHT-OF-WAY LINE OF 67TH COURT AS DESCRIBED IN OFFICIAL RECORDS BOOK 2168, PAGE 155, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00030'30" EAST ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 1201.22 FEET, TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY OF SUB -LATERAL R-1 3E CANAL OF THE SEBASTIAN RIVER WATER CONTROL DISTRICT; THENCE NORTH 89°51'13" WEST ALONG SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 685.02 FEET TO AN INTERSECTION WITH THE WEST LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1792, PAGE 887, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00°30'30" WEST ALONG SAID WEST LINE, A DISTANCE OF 396.50 FEET; THENCE SOUTH 47°22'58" WEST, A DISTANCE OF 160.20 FEET; THENCE SOUTH 43°02'19" EAST, A DISTANCE OF 196.71 FEET TO THE WEST LINE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1792, PAGE 887, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00030'30" WEST ALONG SAID WEST LINE, A DISTANCE OF 573.75 FEET, TO AN INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF 81ST STREET AS DESCRIBED IN OFFICIAL RECORDS BOOK 2168, PAGE 155, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 89055'39" WEST ALONG SAID NORTH RIGHT-OF-WAY, A DISTANCE OF 714.04 FEET AND TO A NON -TANGENT POINT OF A CIRCULAR CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 3000.00 FEET, THROUGH A CENTRAL ANGLE OF 1301641 ", FOR AN ARC LENGTH OF 694.36 FEET, TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF 81ST STREET, SAID CURVE IS SUBTENDED BY A CHORD OF 692.81 FEET THAT BEARS SOUTH 83017'49" EAST; THENCE NORTH 89055'40" WEST ALONG SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 919.76 TO AN INTERSECTION WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 31; THENCE SOUTH 00°28'22" WEST ALONG SAID EAST LINE, A DISTANCE OF 1279.13 FEET, TO AN INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF SUB -LATERAL R -14E CANAL OF THE SEBASTIAN RIVER WATER CONTROL DISTRICT; THENCE NORTH 89°48'47" WEST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 2653.38 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID SECTION 31; THENCE CONTINUE NORTH 89°48'47" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE OF SUB -LATERAL 14E CANAL, A DISTANCE OF 618.52 FEET, TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID SUB - LATERAL 14E CANAL; THENCE NORTH 00°06'05" EAST ALONG SAID EAST RIGHT-OF- WAY A DISTANCE OF 1965.09 FEET; THENCE CONTINUE NORTH 89009'34" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 664.48 FEET; THENCE NORTH 00°08'30" WEST, A DISTANCE OF 663.80 FEET, TO AN INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTH RIGHT-OF-WAY LINE OF SAID SUB -LATERAL R-1 3E CANAL; THENCE SOUTH 89°37'14" EAST, A DISTANCE OF 623.61 FEET, TO AN INTERSECTION WITH THE EAST LINE OF CITRUS HIDEAWAY SUBDIVISION, AS RECORDED IN PLAT BOOK 10, PAGE 26, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00011'52" EAST ALONG SAID EAST LINE, A DISTANCE OF 643.80 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89035'53" EAST, A DISTANCE OF 664.42 FEET, TO AN INTERSECTION WITH THE WEST LINE OF SAID SECTION 31; THENCE NORTH 00011'59" EAST ALONG SAID WEST LINE, A DISTANCE OF 624.62 FEET, TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID 85TH STREET; THENCE SOUTH 89°42'30" EAST ALONG SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 330.92 FEET, TO AN INTERSECTION WITH THE WEST LINE OF THE EAST 185 FEET OF THE NORTH 165 FEET OF THE WEST 15 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE SOUTH 00019'55" WEST ALONG SAID WEST LINE, A DISTANCE OF 125.00 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE EAST 185 FEET OF THE NORTH 165 FEET OF THE WEST 15 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE SOUTH 89042'30" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 185.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE EAST 185 FEET OF THE NORTH 165 FEET OF THE WEST 15 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE NORTH 00°19'55" EAST ALONG SAID EAST LINE, A DISTANCE OF 125.58 FEET, TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID 81ST STREET; THENCE SOUTH 89°42'30" EAST ALONG SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 1177.70 FEET, TO AN INTERSECTION WITH THE WEST LINE OF THE NORTH 290 FEET OF THE EAST 300 FEET OF THE EAST 25 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE WEST 20 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE SOUTH 00019'55" WEST ALONG SAID WEST LINE, A DISTANCE OF 249.75 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTH 290 FEET OF THE EAST 300 FEET OF THE EAST 25 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE WEST 20 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE SOUTH 89°42'30" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 300.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE NORTH 290 FEET OF THE EAST 300 FEET OF THE EAST 25 ACRES OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE WEST 20 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31; THENCE NORTH 00°19'55" EAST ALONG SAID EAST LINE, A DISTANCE OF 249.54 FEET, TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID 81ST STREET; THENCE SOUTH 89042'30" EAST ALONG SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 487.82 FEET; THENCE CONTINUE NORTH 84°34'43" EAST ALONG SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 100.45 FEET; THENCE SOUTH 89042'22" EAST, A DISTANCE OF 92.46 FEET; THENCE SOUTH 89°59'44" EAST, A DISTANCE OF 2553.50 FEET; THENCE SOUTH 86°40'22" EAST, A DISTANCE OF 125.15 FEET, TO AN INTERSECTION WITH THE EAST LINE OF SAID SECTION 31 AND THE POINT OF BEGINNING. LESS AND EXCEPT A PARCEL IN THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 31, THENCE NORTH 00032'55" EAST ALONG THE EAST LINE OF SAID SECTION 31 TO AN INTERSECTION WITH THE NORTH LINE OF SUB - LATERAL R -13E CANAL OF THE SEBASTIAN RIVER WATER CONTROL DISTRICT, A DISTANCE OF 50.00 FEET; THENCE DEPARTING SAID EAST LINE NORTH 89051'13" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 25.00 FEET, TO AN INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF 66TH AVENUE AS DESCRIBED IN OFFICIAL RECORDS BOOK 1011, PAGE 2593, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 89051'13" WEST, A DISTANCE OF 304.12 FEET; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE NORTH 00032'55" EAST PARALLEL WITH THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 328.37 FEET; THENCE SOUTH 83050'40" EAST, A DISTANCE OF 305.57 FEET, TO AN INTERSECTION WITH SAID WEST RIGHT-OF-WAY LINE OF 66TH AVENUE; THENCE SOUTH 00032'55" WEST ALONG SAID WEST RIGHT-OF-WAY LINE OF 66TH AVENUE, A DISTANCE OF 296.38 FEET, TO THE POINT OF BEGINNING. OVERALL PARCEL CONTAINING 21,887,590.04 SQUARE FEET OR 502.47 ACRES±. 100 EXHIBIT 5 101 N N O O O N I I � C 0 0 N w J O Q fc) U) J � _O J < V Q Q v a > _ "� Z a J g C J O m �� O a �' N � V anuany ylgg C706 ME W F3 VZ w w p a� a < Z a Q Q (J` F- N N m L 5 O (� Q n a o uj a J U) ~ �¢ A = W z z ::) M W W M (O U 0 � N J J ¢moi � QQ anuany 1410L L U O w V } Q LU ir _a w (n Y Q U w Z z �¢ D ~ ZQ Z J U` w Q K Q F1 R R Q Q .j N l U n Ky� ^^p ft '41 P'o1 047-41LL\dOtl7\9N3\GOJ d7 — bILLlL707\s»efe�d\mu\:A EXHIBIT 6 103 N N O N N O qt C) OIr - C) O I I W Z J UO U) Z P Q a J V 3 a a Z a. W ZQ I- u� ui W 3f1N3Atl 4199 `- -- -- - � �— - ¢ 3 w o r U LLJ z� Q,.. N Z O —?jr'�i•`8,j; y o of a Z X AAA ., • � w w a _ w 0 r €� W o LU w , J UZ m n. w szo v w a W C LU 3nN3AV 430L VJ Z � � O i I LU I , L Ic < 3f1N3AV 4i4L ._...._.._.d... all cc w� I[E CV CV O CV (V t: O LO 0 O r O O I I W N J C) OL j Z v LL a a J a � z � a z W ZQ�§oo a a 3nN3AV 409 r ------------------ o of m � LL °W, ,�W W U w a< w C� a a 3 z z a 3 LL W���W� �WWW�W o o o z0 p p o 0 0 xw o p Wi W -1 w a a a a W vz fr� W W ;i �mP N , a co - a O CoHw j N 3nN3nv 4loL J Z O , U , , 3 A I ' o I N ppp� 3nN3AV 417L' W LL `w—A n — MLL\iZOL\fid\�\A EXHIBIT 7 106 LP Community Development District (LP CDD) Proposed Facilities and Services Facility Financed By Ownership Operation and Maintenance Earthwork CDD CDD CDD Stormwater Management CDD CDD CDD Sanitary Sewer Utilities CDD IRC(U) IRC(U) Water Utilities CDD IRC(U) IRC(U) Roadway Improvements (Arterial) CDD IRC(PW) IRC(PW) Roadway Improvements (Local / Alleys) CDD CDD CDD Landscape and Irrigation CDD CDD CDD IRC (PW) - Indian River County Public Works Department IRC (U) - Indian River County Department of Utility Services 107 EXHIBIT 8 1: LP COMMUNITY DEVELOPMENT DISTRICT COST ESTIMATE SUMMARY 07/22/22 Construction Timeline 2022 to 2027 Total Facility Cost Earthwork $17,452,053 Stormwater Management $9,359,291 Sanitary Sewer Utilities $8,347,345 Water Utilities $6,572,016 Roadway Improvements (Arterial) $8,903,685 Roadway Improvements (Local /Alleys) $11,910,633 Landscaping and Irrigation $13,396,657 $75,941,681 This Cost Estimate has been prepared to support an Application for the Approval of the LP CDD in Indian River County, Florida. The Cost estimate has been prepared based on the Conceptual PDTND approved by Indian River County in 2008 as amended by an Administrative Approval in 2019. 109 EXHIBIT 9 110 LP COMMUNITY DEVELOPMENTDISTRICT Statement of Estimated Regulatory Costs July 14, 2022 F Provided by Wrat&B, Hunt and Associates, LLC 2300 Glades Road, Suite 410W Boca Raton, FL 33431 Phone: 561-571-0010 Fax: 561-571-0013 Website: www.whhassociates.com 111 STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to establish the LP Community Development District ("District") in accordance with the "Uniform Community Development District Act of 1980," Chapter 190, Florida Statutes (the "Act"). The proposed District will comprise approximately 502.47 +/- acres of land located within unincorporated Indian River County, Florida (the "County'? and is projected to contain approximately 913 residential dwelling units and 208,900 square feet of commercial/office space, which will make up the LP development. The limitations on the scope of this SERC are explicitly set forth in Section 190.002(2)(d), Florida Statutes ("F.S.'� (governing District establishment) as follows: "That the process of establishing such a district pursuant to uniform general law be fair and based only on factors material to managing and financing the service delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant (emphasis added)." 1.2 Overview of the LP Community Development District The District is designed to provide public infrastructure, services, and facilities along with operation and maintenance of the same to a master planned mixed-use development currently anticipated to contain a total of approximately 913 residential dwelling units and 208,900 square feet of commercial/office space, all within the boundaries of the District. Tables 1 and 2 under Section 5.0 detail the anticipated improvements and ownership/maintenance responsibilities the proposed District is anticipated to construct, operate and maintain. A community development district ("CDD") is an independent unit of special purpose local government authorized by the Act to plan, finance, construct, operate and maintain community -wide infrastructure in planned community developments. CDDs provide a "solution to the state's planning, management and financing needs for delivery of capital infrastructure in order to service projected growth without overburdening other governments and their taxpayers." Section 190.002(1)(a), F.S. A CDD is not a substitute for the local, general purpose government unit, i.e., the city or county in which the CDD lies. A CDD does not have the permitting, zoning or policing powers possessed by general purpose governments. A CDD is an alternative means of financing, constructing, operating and maintaining public infrastructure for developments, such as LP. 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S., defines the elements a statement of estimated regulatory costs must contain: (a) An economic analysis showing whether the rule directly orindirectly: 112 1. Is likely to have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule; 2. Is likely to have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the rule; or 3. Is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule. (b) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (c) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues. (d) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local government entities, required to comply with the requirements of the rule. As used in this section, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, the cost of monitoring and reporting, and any other costs necessary to comply with the rule. (e) An analysis of the impact on small businesses as defined by s. 288.703, and an analysis of the impact on small counties and small cities as defined in s. 120.52. The impact analysis for small businesses must include the basis for the agency's decision not to implement alternatives that would reduce adverse impacts on small businesses. (Indian River County, according to Census 2020, has a population of 159,788; therefore, it is not defined as a small County for the purposes of this requirement.) (f) Any additional information that the agency determines may be useful. (g� In the statement or revised statement, whichever applies, a description of any regulatory alternatives submitted under paragraph (1)(a) and a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule. Note: the references to "rule" in the statutory requirements for the Statement of Estimated Regulatory Costs also apply to an "ordinance" under section 190.005(2)(a), F.S. 113 2.0 An economic analysis showing whether the ordinance directly orindirectly: 1. Is likely to have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance; 2. Is likely to have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance; or 3. Is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance. The ordinance establishing the District is not anticipated to have any direct or indirect adverse impact on economic growth, private sector job creation or employment, private sector investment, business competitiveness, ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation. Any increases in regulatory costs, principally the anticipated increases in transactional costs as a result of imposition of special assessments by the District will be the direct result of facilities and services provided by the District to the landowners within the District. However, as property ownership in the District is voluntary and all additional costs will be disclosed to prospective buyers prior to sale, such increases should be considered voluntary, self-imposed and offset by benefits received from the infrastructure and services provided by the District. 2.1 Impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance. The purpose for establishment of the District is to provide public facilities and services to support the development of a new, master planned mixed-use development. The development of the approximately 502.47 +/- acres anticipated to be within the District will promote local economic activity, create local value, lead to local private sector investment and is likely to result in local private sector employment and/or local job creation. Establishment of the District will allow a systematic method to plan, fund, implement, operate and maintain, for the benefit of the landowners within the District, various public facilities and services. Such facilities and services, as further described in Section 5, will allow for the development of the land within the District. The provision of District's infrastructure and the subsequent development of land will generate private economic activity, economic growth, investment and employment, and job creation. The District intends to use proceeds of indebtedness to fund construction of public infrastructure, which will be constructed by private firms, and once constructed, is likely to use private firms to operate and maintain such infrastructure and provide services to the landowners and residents of the District. The private developer of the land in the District will use its private funds to conduct the private land development and construction of an anticipated approximately 913 residential dwelling units and 208,900 square feet of commercial/office space, the construction, sale, and continued use/maintenance of which will involve private firms. While similar economic growth, private sector job creation or employment, or private sector investment could be achieved in absence of the District by the private sector alone, the fact that the establishment of the District is initiated by the private developer means that the private developer considers the establishment and continued operation of the District as beneficial to the process of land development and the future economic 4 114 activity taking place within the District, which in turn will lead directly or indirectly to economic growth, likely private sector job growth and/or support private sector employment, and private sector investments. 2.2 Impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance. When assessing the question of whether the establishment of the District is likely to directly or indirectly have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation, one has to compare these factors in the presence and in the absence of the District in the development. When the question is phrased in this manner, it can be surmised that the establishment of the District is likely to not have a direct or indirect adverse impact on business competitiveness, productivity, or innovation versus that same development without the District. Similar to a purely private solution, District contracts will be bid competitively as to achieve the lowest cost/best value for the particular infrastructure or services desired by the landowners, which will ensure that contractors wishing to bid for such contracts will have to demonstrate to the District the most optimal mix of cost, productivity and innovation. Additionally, the establishment of the District for the development is not likely to cause the award of the contracts to favor non -local providers any more than if there was no District. The District, in its purchasing decisions, will not vary from the same principles of cost, productivity and innovation that guide private enterprise. 2.3 Likelihood of an increase in regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the ordinance. The establishment of the District will not increase any regulatory costs of the State or the County by virtue that the District will be one of many already existing similar districts within the State and also one of a many already existing similar districts in the County. As described in more detail in Section 4, the proposed District will pay a one-time filing fee to the County to offset any expenses that the County may incur in holding a local public hearing on the petition. Similarly, the proposed District will pay annually the required Special District Filing Fee, which fee is meant to offset any State costs related to its oversight of all special districts in the State. The establishment of the District will, however, directly increase regulatory costs to the landowners within the District. Such increases in regulatory costs, principally the anticipated increases in transactional costs as a result of likely imposition of special assessments and use fees by the District, will be the direct result of facilities and services provided by the District to the landowners within the District. However, as property ownership in the District is completely voluntary, all current property owners must consent to the establishment of the District and all initial prospective buyers will have such additional transaction costs disclosed to them prior to sale, as required by State law. Such costs, however, should be considered voluntary, self-imposed, and as a tradeoff for the service 115 and facilities provided by the District. The District will incur overall operational costs related to services for infrastructure maintenance, landscaping, and similar items. In the initial stages of development, the costs will likely be minimized. These operating costs will be funded by the landowners through direct funding agreements or special assessments levied by the District. Similarly, the District may incur costs associated with the issuance and repayment of special assessment revenue bonds. While these costs in the aggregate may approach the stated threshold over a five-year period, this would not be unusual for a Project of this nature and the infrastructure and services proposed to be provided by the District will be needed to serve the Project regardless of the existence of the District. Thus, the District -related costs are not additional development costs. Due to the relatively low cost of financing available to CDDs, due to the tax- exempt nature of their debt, certain improvements can be provided more efficiently by the District than by alternative entities. Furthermore, it is important to remember that such costs would be funded through special assessments paid by landowners within the District, and would not be a burden on the taxpayers outside the District. 3.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. The individuals and entities likely to be required to comply with the ordinance or affected by the proposed action (i.e., adoption of the ordinance) can be categorized, as follows: 1) The State of Florida and its residents, 2) the County and its residents, 3) current property owners, and 4) future property owners. The State of Florida The State of Florida and its residents and general population will not incur any compliance costs related to the establishment and on-going administration of the District, and will only be affected to the extent that the State incurs those nominal administrative costs outlined herein. The cost of any additional administrative services provided by the State as a result of this project will be incurred whether the infrastructure is financed through a CDD or any alternative financing method. b. Indian River County The County and its residents not residing within the boundaries of the District will not incur any compliance costs related to the establishment and on-going administration of the District other than any one-time administrative costs outlined herein, which will be offset by the filing fee submitted to the County. Once the District is established, these residents will not be affected by adoption of the ordinance. The cost of any additional administrative services provided by the County as a result of this development will be incurred whether the infrastructure is financed through a CDD or any alternative financing method. C. Current Property Owners The current property owners of the lands within the proposed District boundaries will be affected to the extent that the District allocates debt for the construction of infrastructure and undertakes operation and maintenance responsibility for that infrastructure. 6 116 d. Future Property Owners The future property owners are those who will own property in the proposed District. These future property owners will be affected to the extent that the District allocates debt for the construction of infrastructure and undertakes operation and maintenance responsibility for that infrastructure. The proposed District will serve land that comprises an approximately 502.47 +/- acre master planned mixed-use development currently anticipated to contain a total of approximately 913 residential dwelling units and 208,900 square feet of commercial/office space, although the development plan can change. Assuming an average density of 3.5 persons per residential dwelling unit, the estimated residential population of the proposed District at build out would be approximately 3,196 +/- and all of these residents as well as the landowners within the District will be affected by the ordinance. The County, the proposed District and certain state agencies will also be affected by or required to comply with the ordinance as more fully discussed hereafter. 4.0 A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state or local revenues. The County is establishing the District by ordinance in accordance with the Act and, therefore, there is no anticipated effect on state or local revenues. 4.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance Because the result of adopting the ordinance is the establishment of an independent local special purpose government, there will be no significant enforcing responsibilities of any other government entity, but there will be various implementing responsibilities which are identified with their costs herein. State Governmental Entities The cost to state entities to review or enforce the proposed ordinance will be very modest. The District comprises less than 2,500 acres and is located within the boundaries of the County. Therefore, the County (and not the Florida Land and Water Adjudicatory Commission) will review and act upon the Petition to establish the District, in accordance with Section 190.005(2), F.S. There are minimal additional ongoing costs to various state entities to implement and enforce the proposed ordinance. The costs to various state entities to implement and enforce the proposed ordinance relate strictly to the receipt and processing of various reports that the District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those state agencies that will receive and process the District's reports are minimal because the District is only one of many governmental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 189.064, F.S., the District must pay an annual fee to the State of Florida Department of Economic Opportunity which offsets suchcosts. 117 Indian River County, Florida The proposed land for the District is located within unincorporated Indian River County, Florida and consists of less than 2,500 acres. The County and its staff may process, analyze, conduct a public hearing, and vote upon the petition to establish the District. These activities will absorb some resources; however, these costs incurred by the County will be modest for a number of reasons. First, review of the petition to establish the District does not include analysis of the project itself. Second, the petition itself provides most, if not all, of the information needed for a staff review. Third, the County already possesses the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Fifth, the potential costs are offset by a filing fee included with the petition to offset any expenses the County may incur in the processing of this petition. Finally, the County already processes similar petitions, though for entirely different subjects, for land uses and zoning changes that are far more complex than the petition to establish a community development district. The annual costs to the County, because of the establishment of the District, are also very small. The District is an independent unit of local government. The only annual costs the County faces are the minimal costs of receiving and reviewing the various reports that the District is required to provide to the County, or any monitoring expenses the County may incur if it establishes a monitoring program for this District. 4.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on state or local revenues. The District is an independent unit of local government. It is designed to provide infrastructure facilities and services to serve the development project and it has its own sources of revenue. No state or local subsidies are required or expected. Any non -ad valorem assessments levied by the District will not count against any millage caps imposed on other taxing authorities providing services to the lands within the District. It is also important to note that any debt obligations the District may incur are not debts of the State of Florida or any other unit of local government. By Florida law, debts of the District are strictly its own responsibility. 5.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local government entities, required to comply with the requirements of the ordinance. Table 1 provides an outline of the various facilities and services the proposed District may provide. Financing for these facilities is projected to be provided by the District. Table 2 illustrates the estimated costs of construction of the capital facilities, outlined in Table 1. Total costs of construction for those facilities that may be provided are estimated to be approximately $75,941,681. The District may levy non -ad valorem special assessments (by a variety of names) and may issue special assessment bonds to fund the costs of these facilities. These bonds would be repaid through non -ad valorem special assessments levied on all developable properties in the District that may benefit from the District's infrastructure program as outlined in Table 2. 118 Prospective future landowners in the proposed District may be required to pay non -ad valorem special assessments levied by the District to provide for facilities and secure any debt incurred through bond issuance. In addition to the levy of non -ad valorem special assessments which may be used for debt service, the District may also levy a non -ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. However, purchasing a property within the District or locating in the District by new residents is completely voluntary, so, ultimately, all landowners and residents of the affected property choose to accept the non -ad valorem assessments as a tradeoff for the services and facilities that the District will provide. In addition, state law requires all assessments levied by the District to be disclosed by the initial seller to all prospective purchasers of propertywithin the District. Table 1 LP COMMUNITY DEVELOPMENT DISTRICT Proposed Facilities and Services MAINTAINED FACILITY FUNDED BY OWNED BY BY Earthwork CDD CDD CDD Stormwater Management CDD CDD CDD Sanitary Sewer Utilities CDD IRC(U) IRC(U) Water Utilities CDD IRC(U) IRC(U) Roadway Improvements (Arterial) CDD IRC(PV� IRC(PW) Roadway Improvements (Local/ Alleys) CDD CDD CDD Landscaping and Irrigation CDD CDD CDD Table 2 LP COMMUNITY DEVELOPMENT DISTRICT Estimated Costs of Construction CATEGORY COST Earthwork $17,452,053 Stormwater Management $9,359,291 Sanitary Sewer Utilities $8,347,345 Water Utilities $6,572,016 Roadway Improvements (Arterial) $8,903,685 Roadway Improvements (Local/ Alleys) $11,910,633 Landscaping and Irrigation $13,396,657 Total $75,941,681 A CDD provides the property owners with an alternative mechanism of providing public services; however, special assessments and other impositions levied by the District and collected by law represent the transactional costs incurred by landowners as a result of the establishment of the District. Such transactional costs should be considered in terms of costs likely to be incurred under alternative public and private mechanisms of service provision, such as other independent special 119 districts, County or its dependent districts, or County management but financing with municipal service benefit units and municipal service taxing units, or private entities, all of which can be grouped into three major categories: public district, public other, and private. With regard to the public services delivery, dependent and other independent special districts can be used to manage the provision of infrastructure and services, however, they are limited in the types of services they can provide, and likely it would be necessary to employ more than one district to provide all services needed by the development. Other public entities, such as cities, are also capable of providing services, however, their costs in connection with the new services and infrastructure required by the new development and, transaction costs, would be borne by all taxpayers, unduly burdening existing taxpayers. Additionally, other public entities providing services would also be inconsistent with the State's policy of "growth paying for growth". Lastly, services and improvements could be provided by private entities. However, their interests are primarily to earn short-term profits and there is no public accountability. The marginal benefits of tax- exempt financing utilizing CDDs would cause the CDD to utilize its lower transactional costs to enhance the quality of infrastructure and services. In considering transactional costs of CDDs, it shall be noted that occupants of the lands to be included within the District will receive three major classes of benefits. First, those residents in the District will receive a higher level of public services which in most instances will be sustained over longer periods of time than would otherwise be the case. Second, a CDD is a mechanism for assuring that the public services will be completed concurrently with development of lands within the development. This satisfies the revised growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands. Third, a CDD is the sole form of local governance which is specifically established to provide District landowners with planning, construction, implementation and short and long-term maintenance of public infrastructure at sustained levels of service. The cost impact on the ultimate landowners in the development is not the total cost for the District to provide infrastructure services and facilities. Instead, it is the incremental costs above, if applicable, what the landowners would have paid to install infrastructure via an alternative financing mechanism. Consequently, a CDD provides property owners with the option of having higher levels of facilities and services financed through self-imposed revenue. The District is an alternative means to manage necessary development of infrastructure and services with related financing powers. District management is no more expensive, and often less expensive, than the alternatives of various public and private sources. 10 120 6.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There will be little impact on small businesses because of the establishment of the District. If anything, the impact may be positive because the District must competitively bid all of its contracts and competitively negotiate all of its contracts with consultants over statutory thresholds. This affords small businesses the opportunity to bid on District work. Indian River County has a population of 159,788 according to the Census 2020 conducted by the United States Census Bureau and is therefore not defined as a "small" county according to Section 120.52, F.S. 7.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Petitioner's Engineer and other professionals associated with the Petitioner. In relation to the question of whether the proposed LP Community Development District is the best possible alternative to provide public facilities and services to the project, there are several additional factors which bear importance. As an alternative to an independent district, the County could establish a dependent district for the area or establish an MSBU or MSTU. Either of these alternatives could finance the improvements contemplated in Tables 1 and 2 in a fashion similar to the proposed District. There are a number of reasons why a dependent district is not the best alternative for providing public facilities and services to the LP development. First, unlike a CDD, this alternative would require the County to administer the project and its facilities and services. As a result, the costs for these services and facilities would not be directly and wholly attributed to the land directly benefiting from them, as the case would be with a CDD. Administering a project of the size and complexity of the development program anticipated for the LP development is a significant and expensive undertaking. Second, a CDD is preferable from a government accountability perspective. With a CDD, residents and landowners in the District would have a focused unit of government ultimately under their direct control. The CDD can then be more responsive to resident needs without disrupting other County responsibilities. By contrast, if the County were to establish and administer a dependent Special District, then the residents and landowners of the LP development would take their grievances and desires to the County Commission meetings. Third, any debt of an independent CDD is strictly that District's responsibility. While it may be technically true that the debt of a County -established, dependent Special District is not strictly the County's responsibility, any financial problems that a dependent Special District may have may reflect on the County. This will not be the case if a CDD is established. Another alternative to a CDD would be for a Property Owners' Association (POA) to provide the infrastructure as well as operations and maintenance of public facilities and services. A CDD is superior to a POA for a variety of reasons. First, unlike a POA, a CDD can obtain low-cost funds from the municipal capital market. Second, as a government entity a CDD can impose and collect its assessments along with other property taxes on the County's real estate tax bill. Therefore, the District is far more assured of obtaining its needed funds than is a POA. Third, the proposed District is a unit 11 121 of local government. This provides a higher level of transparency, oversight and accountability and the CDD has the ability to enter into interlocal agreements with other units of government. 8.0 A description of any regulatory alternatives submitted under section 120.541(1)(a), F.S., and a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance. No written proposal, statement adopting an alternative or statement of the reasons for rejecting an alternative have been submitted. Based upon the information provided herein, this Statement of Estimated Regulatory Costs supports the petition to establish the LP Community DevelopmentDistrict. 12 122 APPENDIX A LIST OF REPORTING REQUIREMENTS 13 123 FL. STATUE REPORT CITATION DATE Annual Financial Audit 190.008/218.39 9 months after end of Fiscal Year Annual Financial 45 days after the completion of the Annual Financial Audit but Report 190.008/218.32 no more than 9 months after end of Fiscal Year TRIM Compliance no later than 30 days following the adoption of the property Report 200.068 tax levy ordinance/resolution (if levying roe taxes within 30 days of accepting the appointment, then every year Form 1 - thereafter by 7/1 (by "local officers" appointed to special Statement of district's board); during the qualifying period, then every year Financial thereafter by 7/1 (by "local officers" elected to special district's Interest 112.3145 board within one year of special district's creation; then annual notice of any changes; and updated report every 7 years, 12 months Public Facilities prior to submission of local government's evaluation and Report 189.08 appraisal report Public Meetings Schedule 189.015 quarterly, semiannually, or annually Bond Report 218.38 when issued; within 120 days after delivery of bonds Registered Agent 189.014 within 30 days after first meeting of governing board Proposed Budget 190.008 annually by June 15 Adopted Budget 190.008 annually by October 1 Public Depositor Report 280.17 annually by November 30 Notice of within 3o days after the effective date of an ordinance Establishment 190.0485 establishing the District Notice of Public file disclosure documents in the property records of the county Financing 190.009 after financing 13 123 EXHIBIT 10 124 AUTHORIZATION OF AGENT This letter shall serve as a designation of Jonathan T. Johnson of Kutak Rock LLP, whose address is 107 West College Avenue, Tallahassee, Florida 32301, to act as agent for c;d lit ;t.li� K"\ C-I,r„�.;,o with regard to any and all matters pertaining to the Petition to the Board of County Commissioners of Indian River County, Florida, to establish a Community Development District pursuant to Chapter 190, Florida Statutes. The petition is true and correct. This authorization shall remain in effect until revoked in writing. Witnessed: Rvall Acquisition Group, LLC a Florida limited liability company _E �1 �i � � rj� By: 1�. Name: A Its: 1'I'IAh'g."/ rintName: ect(prn AlelOwIr ATE OF FLORIDA )UNTY OF lAILICvytrtOV I hereby certify that on this day, before me, by means of 97 physical presence or O inline notarization, an officer duly authorized to take acknowledgments, personally appeared 11tt L� as ill+, sA Iq r of Vt (JI &-0eMM1," 6 rV10 who executed he foregoing instrument, acknowledged before me that he executed the same on behalf of the aregoing entity and was identified in the manner indicated below. Witness my hand and official seal this 1t�day of . Lig 2022. SALLY ROGERS ww � Notary Public -State of Florida Commission # HH 113513Notary Public4 My Commission Expires July 31, 2025 Personally known: 4� Produced Identification: Type of Identification: fKA EXHIBIT I I 126 memorandum DATE: June 23, 2022 TO: IRC Board of County Commissioners C/O Dylan Reingold PROJECT NAME: Liberty Park PROJECT NO.: 16-008.003 4161'0 Urban Design Land Planning Landscape Architecture This memorandum is intended to identify that Liberty Park meets the guidelines to establish a Community Development District. Liberty Park is a development located within unincorporated Indian River County which was approved as Traditional Neighborhood Design Development on October 14, 2008. On June 7, 2022 the Indian River County Board of County Commissioners reviewed the guidelines to establish Community Development Districts in unincorporated Indian River County. The intent of the Community Development District is "to serve as special purpose district to plan, finance, construct, operate and maintain infrastructure and services in a development" consistent with Section 190.003 of the Florida State Statutes. The Community Development District guidelines were established based on the standards of the Traditional Neighborhood Development (TND) standards per section 915.21 of the Indian River County Land Development Regulations. The following chart confirms that Liberty Park is consistent with the Community Development District Guidelines as proposed on the June 7, 2022 Board of County Commissioners agenda: 610 Clematis Street, Suite CU02, West Palm Beach, FL 33401 2% P:561-366-1100 www.udsflorida.com LA0001739 Community Development District Consistent with TND Guidelines (Sec. 915.21) 1. Minimum Site Area 500 AC or more Yes 2. Street Network Consistent with the TND street network standards Yes 915.21; or 10% greater than what is required per County's 3. Open Space Land Development Regulations Yes Significant Public infrastructure beyond improvements required through the development 4. Attributes review process; or Yes Multi -use real estate project: or Traditional neighborhood development 610 Clematis Street, Suite CU02, West Palm Beach, FL 33401 2% P:561-366-1100 www.udsflorida.com LA0001739 Liberty Park June 23, 2022 Should you have any questions or need any additional information regarding the aforementioned memorandum, the project managers at Urban Design Studio is Ken Tuma and can be reached at 561.366.1100. Sincerely, Urban Design Studio Ken Tuma Managing Principal W. September 30, 2022 Stephen E. Moler, P.E. Masteller & Moler, Inc. 1655 271h Street Suite 2 Vero Beach, FL 32960 INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1801 27th Street, Vero Beach FL 32960 772-226-1237 / 772-978-1806 fax www.ircgov.com RE: Liberty Park PDTND Administrative Approval [AA -22-12-113 / 2004110163-93441 ] Dear Mr. Moler: County staff has approved the above -referenced administrative approval application. This action approves a modification to the approved conceptual PDTND plan to increase the project's overall open space from 340.27 acres to 350.34 acres (10% over the minimum open space requirement) for the Liberty Park PDTND project to be located at 7000 85th Street, with the following condition: 1. If the Liberty Park Community Development District (CDD) is approved by the Board of County Commissioners (BCC), then the project must maintain the new minimum overall open space requirement of 350.34 acres in all future development phases. If the CDD is not approved, then the applicant may formally request to withdraw this subject AA approval, and the project's minimum provided overall open space will remain at 340.27 acres. Please be advised that this approval shall run concurrent with the extended conceptual PD plan approval and shall terminate and become null and void on October 14, 2025. Please find attached three copies of the approved plans. If you have any questions, please contact me at 772-226-1239 or rsweeney@ircgov.com. Sincerely, Ryan Sweeney Chief, Current Development cc: Phillip J. Matson, AICP (via e-mail) Andy Sobczak (via e-mail) Andrew Kennedy (via e-mail) 129 FACommunity Development\CurDcv\AA\2022AAs1LibertvParkPDTNDAA-22-12-113(93441)app.docx ORDINANCE NO. 2022 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE LP COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES; PROVIDING A TITLE; PROVIDING FINDINGS; CREATING AND NAMING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; DESCRIBING THE FUNCTIONS AND POWERS OF THE DISTRICT; DESIGNATING FIVE PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ryall Acquisition Group, LLC, a Florida limited liability company ("Petitioner") has filed a Petition to Establish the LP Community Development District ("Petition") with the Board of County Commissioners of Indian River County ("County Commission") pursuant to Section 190.005(2)(a), Florida Statutes, to adopt an ordinance establishing the LP Community Development District ("District") pursuant to Chapter 190, Florida Statutes; and WHEREAS, the owners of one hundred percent (100%) of the real property to be included in the District have consented to the establishment of the District; and WHEREAS, all interested persons and affected units of general-purpose local government were afforded an opportunity to present oral and written comments on the Petition at a duly noticed public hearing conducted by the County on September 13, 2022, pursuant to Section 190.005(2)(b), Florida Statutes; and WHEREAS, upon consideration of the record established at that duly noticed hearing, the County Commission has considered the record of the public hearing and the statutory factors set forth in section 190.005(2)(c), Florida Statutes, and the Indian River County Community Development District Guidelines in making its determination to grant or deny the Petition; and WHEREAS, the County Commission, pursuant to the information contained within the Petition and based on an investigation conducted by Indian River County ("County") staff and otherwise being fully advised as to the facts and circumstances contained within the request of the District, finds as follows: (1) The statements within the Petition are true and correct; and 1 130 (2) The Petition is complete in that it meets the requirements of Section 190.005(2)(a), Florida Statutes; and (3) The appropriate County staff have reviewed the Petition for establishment of the District on the proposed land and have advised the County Commission that said Petition is complete and sufficient; and (4) Establishment of the District by this Ordinance is subject to and not inconsistent with any applicable element or portion of the state comprehensive plan or the Indian River County Comprehensive Plan; and (5) The area of land within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as one functional, interrelated community; and (6) The District is the best alternative available for delivering community development services and facilities to the area that will be served by the District; and (7) The community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities; and (8) The area that will be served bythe District is amenable to separate special -district government; and WHEREAS, pursuant to the information stated above, the County Commission has decided to grant the Petition; and WHEREAS, establishment of the District will constitute a timely, efficient, effective, responsive and economic way to deliver community development services in the area described in the Petition; and WHEREAS, the establishment of the District shall not act to amend any land development approvals governing the land area to be included within the District; and WHEREAS, upon the effective date of this establishing Ordinance, the LP Community Development District, as created by general law, will be duly and legally authorized to exist on the proposed property and to exercise all of its general and special powers as limited by law. 2 131 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. TITLE. This Ordinance shall be known and may be cited as the "LP Community Development District Establishment Ordinance." SECTION 2. BOARD FINDINGS. The Board findings set forth in the recitals to this Ordinance are hereby incorporated in this Ordinance. SECTION 3. AUTHORITY. This Ordinance is adopted in compliance with and pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes. SECTION 4. CREATION OF DISTRICT; DISTRICT NAME. The Petition filed to create the District is hereby granted and there is hereby created a community development district, which is situated entirely within unincorporated Indian River County, Florida, which District shall be known as the "LP Community Development District." SECTION 5. EXTERNAL BOUNDARIES OF THE DISTRICT. The external boundaries of the District are described in Exhibit 1 attached hereto and incorporated by reference, the overall boundaries encompassing 502.47 acres, more or less. There is one outparcel within the external boundaries of the District that is to be excluded from the District, which is described in Exhibit 2. SECTION 6. FUNCTIONS AND POWERS. The District is limited to the performance of those powers and functions as described in Chapter 190, Florida Statutes. The District is also authorized to exercise additional powers to finance, fund, plan, establish, acquire, construct, reconstruct, enlarge or extend, equip, operate and maintain systems and facilities for: parks and facilities for indoor and outdoor recreational, cultural, and educational uses as authorized and described in Section 190.012(2)(a), Florida Statutes; and security powers, including but not limited to walls, fences, and electronic intrusion detection, as authorized and described in Section 190.012(2)(d), Florida Statutes. In the exercise of its powers, the District shall comply with all applicable governmental laws, rules, regulations and policies including, but not limited to, all Indian River County ordinances and policies governing land planning and permitting of the development to be served by the District. The District shall not have any zoning or permitting 3 132 powers governing land development or the use of land. No debt or obligation of the District shall constitute a burden on any local general purpose government. SECTION 7. BOARD OF SUPERVISORS. The five persons designated to serve as initial members of the District's Board of Supervisors are as follows: Vinny Olmstead, Chad Kelly, Andrew Kennedy, Wendy Coya, and Trey Olmstead. All of the above -listed persons are residents of the state of Florida and citizens of the United States of America. SECTION 8. ADMINISTRATIVE CORRECTION OF SCRIVENER'S ERRORS. The administrative correction of typographical and/or scrivener's errors in this Ordinance which do not affect the intent may be authorized by the County Administrator or designee, without need of public hearing. SECTION 9. SEVERABILITY. If any provision of this Ordinance, or the application thereof, is finally determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, such provision shall be deemed severable and the remaining provisions shall continue remain in full force and effect provided that the invalid, illegal or unenforceable provision is not material to the logical and intended interpretation of this Ordinance. SECTION 10. EFFECTIVE DATE. This Ordinance shall be effective immediately upon receipt of acknowledgement that a copy of this Ordinance has been filed with the Secretary of State. 133 This ordinance was advertised in the Indian River Press Journal on , and , for a public hearing to be held on the 13th day of September, 2022, which was continued until October 18, 2022, 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 The Chairman thereupon declared the ordinance duly passed and adopted this _day of October, 2022. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA M. ATTEST: Jeffrey R. Smith, Clerk and Comptroller Deputy Clerk Peter D. O'Bryan, Chairman 134 EXHIBIT 1 LEGAL DESCRIPTION OF LP COMMUNITY DEVELOPMENT DISTRICT 135 EXHIBIT 2 LEGAL DESCRIPTION OF EXCLUDED PARCEL 136 1/5/2023 1 !- -_ �� j�Y Md•4'MY Y '.mow �� � � rc�., ,^� y/,. � �v•. � Y t..t [.J�i� � =v Y ` Y Y `�' y•M+ J M JIM 44 J44 J,44 Y f • S J,$ LIBERTY PARK COMMUNITY DEVELOPMENT DISTRICT 10.18.2022 1/5/2023 COMMUNITY DEVELOPMENT DISTRICT: GUIDELINES PUBLIC BENEFIT Sl ltl.l.1 ()Pf7 GRID SPAC1? l-5& - 2 COMMUNITY DEVELOPMENT DISTRICT TEAM PROCTOR KEo Y NNEDc urban KUTAKROCK 4 LMJ RV desi nx studio MM �:r , S{IU p �E4' G�T�NG ENG, W MBS CAPITAL MARKETS, LLC What is a Community Development District? Approximately 502.47 acres • Roadways • Stormwater Management • Water Utilities • Sewer Utilities • Landscaping and Irrigation /N Established under the Uniform Community Development Act of 1980 (Chapter 190, F'S.). Provides a mechanism to finance, construct and maintain high quality improvements and amenities separate from, and NOT an arm of, the County 1/5/2023 131v — 3 What is a Community Development District? Community Development Districts can provide basic infrastructure for new development: • Less Expensive Infrastructure - Infrastructure is less expensive because CDDs provide access to tax exempt financing. • Non -Recourse - The CDD debt is secured by assessments that are liens on the land (i.e., non-recourse debt) The County has no responsibility for this debt. No County ever has had to assume CDD debt. • Spreads Costs Over Time - Spread infrastructure costs over time, as opposed to building all costs into home up front Sovereign immunity-- liability protection Transparency — Brings project into Sunshine and Public Records What is a Community Development District? Pursuant to Section 190.012(1), a CDD can finance, construct and acquire the following improvements: • Water management and control structures • Water supply, sewer, and wastewater management, reclamation, and reusc • Bridges or culverts • Roadways; streetlights; alleys; landscaping; hardscaping; and the undergrounding of electric utility lines • Buses, trolleys, transit shelters, ridesharing facilities and services, parking improvements, and related signage • Environmental investigation and remediation costs • Conservation areas, mitigation areas, and wildlife habitat • Any other project within or without the boundaries of a district pursuant to a development order or interlocal agreement • Any other project, facility, or service required by a development approval, interlocal agreement, zoning condition, or permit issued by a governmental authority with jurisdiction in the district 1/5/2023 );5� -- 4 What a Community Development District can't do? CDD bonds cannot become the debt of the County. Bondholder remedies are solely against the pledged property. A CDD cannot take any action which is inconsistent with the comprehensive plans, ordinances and regulations of the County. A CDD does not have the power to adopt its own comprehensive plan, building code or land development code — it is not a zoning authority. All County regulatory authority remains in place. • All of the CDD's powers must comply with all applicable County laws, rules, regulations, and policies governing planning and permitting of the development. Benefits to the Project and County • Cheaper Financing held in trust by independent bank all subject to public audit and records • Infrastructure Costs Spread Over Time • Stable Revenue Stream — the assessments are paid along with property taxes • Relatively Early Turnover to Residents • Increased Accountability and transparency • Enhanced Level of Service - Makes community more attractive and livable — allows homeowners to ultimately determine their own level of service • Excellent Long -Term Maintenance Entity - CDDs are long term maintenance entities, which provide for stable, long term property values 1/5/2023 '�3�p --- 5 What are the CDD's reporting requirements? Must follow all applicable procedural and reporting rules required of municipal governments under Florida Statutes including. • Elections • Bidding and awarding of contracts • Advertising of meetings and holding meetings in the "Sunshine" Preparation and distribution of minutes to appropriate governmental agencies • Maintenance of official records • Reporting and filing of financial information • Must establish and administer internal accounting controls • Must disclose to potential landowners the existence of the CDD and the amount of the special assessments levied by the CDD for both debt service and operation and maintenance • Public annual audits Establishment Criteria The County is responsible for considering only the following factors in making a determination to grant the establishment of a community development district: 1. Whether all statements contained within the petition have been found to be true and correct 2. Whether the establishment of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community 4. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district 5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities 6. Whether the area that will be served by the district is amenable to separate special - district government 7. Compliance with the County's policy. 1/5/2023 Benefits and Protections for the County Allows new infrastructure to be built without the use of County funds or bonding capacity. No financial burden on residents outside of the CDD. Assures project is funded because bond proceeds are provided up front and deposited into a trust account. • More stable maintenance entity to ensure continuation of project after the developer is gone. z I Thank You V 1/5/2023 t t i?'»13r at } a� x y Thank You V 1/5/2023 Treasure CoastNewspapers PART 4F TH E USA TODAY NIET WORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL32960 AFFIDAVIT OF PUBLICATION KUTAK ROCK LLP 107 W COLLEGE AVE TALLAHASSEE, FL 32301 ATTN KAREN JUSEVITCH 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 a period of one year next preceding the first publication of the attached copy of advertisement ; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. 8/2612022; 8/23/2022; 8/30/2022; 9/612022 Subscribed and sworn to before on September 6th, 2022 V/, 10� Notary, 9fatie of VVI my of Br My commission pi s: Publication Cost: $945.00 Ad NO: GC10928263 Customer No: 806651 POtt: NOTICE OF ESTABLISHMENT HEARING LP CDD THIS IS NOT AN INVOICE NANCY HEYRMAN Notary Public State Of Wisconsin �y f6. 2Z: NOTICE OF PUBLIC HEARING Indian River County Board of County Commissioners To Consider a Petition to Establish the LP Community Development District DATE; September 13, 2022 TIME: 9:00 a.m. LSQQATLQX Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida 32960 In compliance with the provisions of Chapter 190, Florida Statutes, a public hearing will be held by the Board of County Commissioners of Indian River County to consider an ordinance to grant a petition to establish the LP Community Development District CDistrict"); which is titled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE LP COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES; PROVIDING A TITLE; PROVIDING FINDINGS; CREATING AND NAMING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; DESCRIBING THE FUNCTIONS AND POWERS OF THE DISTRICT; DESIGNATING FIVE PERSONS TO SERVE AS THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The proposed District is comprised of approximately 502.47 acres, generally located south of County Road 510/85th Street, west of 58th Avenue, north of State Road 60 and east of 82nd Avenue. The petitioner has proposed to establish the District to plan, finance, acquire, construct, operate and maintain infrastructure and community facilities which may be authorized by such District under Florida law, including but not limited to: earthwork, stormwater management, sanitary sewer utilities, water utilities, roadway Improvements, landscaping and Irrigation, and other Infrastructure. Copies of the petition and the proposed ordinance are open to public inspection at the County Clerk's Office, 1801 271h Street, Vero Beach, Florida 32960, during business hours. For more Information, call (772) 567-6000, All interested persons and affected units of general- purpose government may appear at the hearing and be heard with respect to the petition and proposed ordinance. All interested persons and affected units of general- purposegovernment may also present oral or written comments on the petition and proposed ordinance. Any persons or affected unit of general-purpose government who wish to appeal any decision made by the Board with respect to any matter considered at this public hearing will need a record of the proceedings. For that purpose, the person of unit of general-purpose government may need to ensure that a verbatim record of the proceedings is made that includes the testimony and evidence upon which the appeal Is to be based. If you are a person with a disability who needs any accommodation In order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Within five working days of receipt of this notice, please. contact the County's ADA Office at (772) 226-1221 or jennis@ircgove.com. 13b'g 1-3 V ' 1, i 13b'g n TC►ALM.COM I TUESDAV, AUGUST 16,2022 1 aA Treasure Coast adds four monkeypox cases Florida's total still ranks Monkeypoxcasesbycounty 3rd highest among states Hero's it list of total Casae by Jennifer Sangalang and Will Greenlee mr Cor uvronxv arrwo -Rill. Florida reported —11, than 300 naw monkeypox cases In one,—k and —a still We Ihhd highest state forconfnnc-d or probable cases. Monkeypox cases an the •treasure (:oast totaled nine, up from five this time a wick ear8er, accordmg to th. Florida Depann:ent of Health. Thcrc am is cases in Marlin County and three in St. Lucie County, wile nonehmabeanrel Medio Indian Rival Cot my necording IoDOHduta updated Sunday. OftIle nine e.acs seven were rel on - ed to have been acquired in Florida; one was acquired out of the country, and It wasn't known wh.tha, one case was ac quilted in Florida or elsewhere. Four of the CASCS ore In the 35.39 age group; two each in the 25-29 and 45-49 agegroups; and one I. &child 4 years old r Palms"",. data from the DOH shm- Ihls time last week there! were four reported cases In Martin County and a-in.St. Lucie County, Tl,. Florida Department ofHealth m - ported 1,266 confirmed or probable cases of mankeypot, in 28 countiet, se. carding to It. trucker on Dhcollhcharta, gov. A week xgo, the stat. reported 938 Cases -that-s a jump of 328 probable or connnted monkeypox cases here since Aug. 8. it should be noted that thecase mun- bers In Florida very from what the Cen- ters for Disease Control and Prevention report, The CDC, for elatmple, shows 1;005 confinmd vises for the Sunshine Slate, an increase of 452 confirmed c&aes in a —it. Att irding to Out, CDC, here's it snapshot of us, and Florida confirmed cases in the past few weeks: • As of Aug. 15,. the CDC listed 11,177 total confirmed monkeypox/onhop la- ,' -s rules.. ll,,` U.S: and 1,085 in k'Ind- da. • As of Aug, 8, th, CDC lined 7,510.ta- lol confirmed monkeypeaAlrthopoxvi- ms cases m the U.S, and 613In Florid.. • On Aug. 1, the CDC hadm(mrted 5,189 confirmed Cases in the 0.S. and 373 eases in Flurida. a On July 22, the CDC had reported 2,891 cases in the. U.S. • A presumptive positive case was fersl announced In Florida on May 22. Top S states for monkeypox cases county wllh notes In increases alai (ir&1 ease. This into isfram the Florida Deportmcnl or Healths reportable disease ftequen- cy report, will, data range from May 22 to Aug. 14: Alachua,I er.vsrd,5(up lfrom Aug. e,monkey- pox near was detected here Aug. 1) IS oward, 436 (up 106 Imnl Aug. 8) CI -1.11c, l (unchanged since Aug, 8) Clay, 2 (up 1 from Aug. 8, when in - ke),pox lied was dal.,ted here) Collict 3 (unchanged sines July 25) Duval, 13 (up 6 from Aug. 0; ceases wen first detected here week of July 25) e E'eurtabl, I Flagler, I (lmchnnged from Aug. 1, when monkeypox case was detected Imre) Hillsbxxough, 52 (up 15 from Aug. 8) Lake, 5 (.p 2 from Aug. a) Lee, 8 (up 2 from Aug. 8) ' Leon, 3 Marion, 2 Martin, 4 (up 2 from Aug. 9, Man key - pox first was detected here week of Aug. 1) Miami -Dodo, 493 (up 126 calx hom Aug. 81 Monroe, 14 (up 1 from Aug.. 8) Orange, 77 (Up 23 front Aug. 8) Osceola, 8 (up a Dom Aug, 8, mon- keypox was first detected here Aug. 1) Palm Such, 59 (up 16 from Aug: 8; the previous week, the county reported 1611osaiblc or confim,.d ens •s) Pasco, 4 (up I from Aug.. S. monkey- pox was first detected here Aug. l) Pinellas, 48 (up 12 from Aug. 8) Polk, 5 (up] from Aug, 0) Santo Rosa, I(unohanged) Sarasota, I(unchanged) Seminole, lD (up 4 from Aug. 8) St. Lucic, 3 Jul, 2 from Aug. 8) Volusia, 4 (up 1 from Aug. 8) • Danotes flat connrmed or probable cases for the county since the. USA TO- DAY Network - Fiorida'a July 25 report, using stats from the.luladeponummelf health Commonquesticrts, things to know falow &m some woman questions associated with monk.yp.x and other things to know. The USA TODAY Net- work- Florida will produce a weekly te- pon on the Ams, the counties affected and ease counts every Monday using stat. from the Plaunds Department of Health and tite COC. What are monkeypox symptoms? According m the CDC, these are Ute Monkeypox symptoms are milder 'Top 5swes reporting confirmed man- than those ofsmalllox, itecordbngto the k.ypox cases and their case counts "of CDC, Aug. 15: it begins with fcve, hcadadte, mus - New York, 2,295 cle ..hes, backache, swollen lymph California, 1,945 nodes, chills and exhaustion. Withinito Florida, 1, 085 3days after fever, the patientdevelopsu Georgia, 851 rush, often beginning on the fare and Texas, 815 then spreading to other pans of the body, Incubation period (time from In - Top 5 counties in rlorida f.,dtnn In symptnmsl is nsnnliy 7-14 for. monkeypox cases days but can range from 5-21 days. According to the Florida Department How is monkeypox transmissible? of milli s trucker, these are the Tap 5 counties reporting confirmed or probe- Possible humor-lu-Inman mns- Illo mn keyir.. cases:nututio. Mlltmr Ate Include r•o gh ng If an infected person llr wughs It can be spread 111 mug'respl• Or -.• mtory droplets via the eye, nose or p P taeIt mouth. i is •Anim.laThe vimscan heusnsmil- oarc ire+.�•m uir� Le ll ace— I.a.Cartp'e CnrW M.,,M•C�roa. u,�,l il�pnrA rN � �a wF Yes � �Y 6uqu 1Y, Isri4 iva..aa. a pNc here w x tale M Caevr Waa -0.,.au'A rm�ee y Cea+M aeewnJ,•w.o�easr�aVM.Mwnbauvia, U•r�m�m,.tii.e+�n UMY rAi �iWiw rP oUarr oi�oxM, a „` o ro Pier nae Vaeq,M ,pue�uvi�MWUlYC4UEe, Wow r P Lcl1VE WTiM oor B. tri tut unneaae`upuwxa¢ Imo' S IAGE COVERING "I BE WORN "INWIERING �i D4aCfV IStap �9 its Cantors for Disease Control. Aev amraownn acuorwrt ted by a bile, scmtel, or body fluids. no- Is there a monkeypox vaccine? dents arc the primary source. •Broken skin. The vims cancgter Ihv body through broken skin, even if tit. break Is ,at visible. Is monkeypox &gay disease? No. Although the latest majority of monkeypox can be transmitted through dose, or Intimute contact, It's not re- quired, and the virus can spreadtoany- one of any sezuul orientation. At least two children In the U.S. In dosecontact with infected family mem- bra have I— diagnoseal Ith it. Yas. 771. CDC states: "Because mon- keytawand smallpox vimaasom, gmm0- cally similar, va"plea developed to � pm - tact against amallpax vineses may be used to prevent monkeypox Infections. The U,S: limemmul has two stockpiled vaccines •- JYNN80S and AC.AM2(x)O - that can prevent monkeypox in peo- pie who are ozposrd la the vims. Vac- cines may be mrommended far people ,,It. have had or may h— contact avith someone who hasmonkeypox, or for health". and public health workers who may be exposed to the vires^f Monkeypox hotline When should I get tested? If health cam Turwhers auspect a The CDCand Ute Florida Department po..ibler cgat ofmonkeypox, tmmedi- oi' Health r •commend testing if you we ately contact your county health do - suspicious skin lesions orifyou,w had payment via the Florida Depanmentof close personal contact with someone Ifealth website or the 24/7 disease re - who may have. confirmed or probable putting botilne at 850-245-4401. case. Canirlbuting: USATODAY A 0wu.dtw^rkt la+} my PROVIDING TRUSTE��yl SERVICESINCE2002 a 'aa9! vLLJJ�1 TAKE ADVANTAGE OF Our Limited -Time aaw.i�,"tsn. u..wae.rv.. • Easy Financing r Nationally -backed TransferableWarranties Primary Continued from Page IA leachers, vivo just want to trach," Crist, she concluded, cunt beat Re- publican Gov. lion DeSantis. By con- trust, Criss at bis npperil inces said the Smile about Fd,.d'I. a race polls show Is tightening amides wave of hard-cdgod TV spots cacti Democrat is flinging against the other. "Sao ecd somebody who goes into this job who doesn't need on -the -lob training, and 1 certainly don't," said Cdat, whn is focusing mostly on DeSan- tis but has ads pushing back against Fried's attack on his Republican past. Grist Said his spots wekont negstive.. 'Tve gone accurate," he said. "I was hoping that it could've been more positive; Crist said of the cam- talgn end game. "She's decided to do DeSantis Continued from Page to advance his agenda, partbmimly on education issues,whem he hasbeen es- prcuilly active to the primary. It also carries the risk of rejection, though, with DeSantis appearing more wlnem. bit if volem rebuff hta candidates after ba spent to much energy campaigning far them. "This governor is extremely popvdar with the grassmols and rank -and -lila Republicans and. those primary voters look for his opinion on people to .It for," said Leen County GOP Choir and Florldn GOP chairman of chairs Evan Power. "1 Walk Ire's used that power to push to, aci No conservatives who share his view of Florida. Its something Re- publlocns have wanted for a lung time, Republicans who are willing to fight for a corms rvalive agenda' DeSanlisas doing a lotto help his pro- tarred candidates. Tire governor wrote SI,000 cheeks from ]if, political mmmittem, Friends of Ran DeSantis, to county school board candidates he baelued this year, and also is paying fonuahlem in their mes. At :least three natters paid for by Friends of Ron DeSantis have gone out to heiphis endorsed school heard candh- dates la some cmmties. Tlwy encourage votersto "stand with Governor DeSantis on August 23rd." DeSantis also louredthe stale. to sup- port school board candidates, with ml - lies in Miami, Jaoksnnvtlle, Sarasola and Ormmid Beach. Floridaschoolboard raceaamnttyp- ical prherie. because they technleally are nonpl rtismv. A sandidste's party a6 Rliation doesn't even appear on the bel - lot. The 30 school board candidates De - Santis Is backing .,at conservatives who, M many eases, arc running against more liberal. opponents. DeSantis' in- volmmam could boost GOP te—ut In the primary,. which many voters over- look. Turr out is typically between 20% amt 3nw. Vnlike'Trurop'.uR'orts fo mshapo the GOP, Detiantic' focus on school board contests Is more about pushing lits con - mermlive education agenda, which has included legislation limiting how race, mender ands, wal orientation are dis. wnways to look at uUnfverstry political am Prank Orlando, "One Gategic angle of Invesling will be beholden to him in what she's dons. Everylody Ias their own style. I'm "lust going to make sure people know what they're getlir•.g on that hallos" Whoever wins today', primary, Crist sold Democrats will rally around the moraine:, knowing who the mal oppo- ,.cn4fs. "'The galvanising part of this cam- paign Is a guy namect Ron DOSanlis," Criss said. The primary is certain to be marked by low voter turnout, with past August primaries pulling in fewer than one in tivmc Florida Demoerairs. Criss has been endorsed by Florida's largest labor unions and hue alarger force of get-oul- the-unto support. But Fried is banking on many late - deciding voters comtng to her side, as Florida Democrats finally begin making up their ndivds In is walla that be.gar,15 months ago, when the two rivals an- nounced their candidacies to take on also of a possible 2024 ran, especially If he runs up against President Tramp." Orlando added: "The ache way to look at It is that lip.has gcmdnc cunvic- Flona about the education reforms that he has pushed beyond Just d --raid posturing, if this is thecase,then there's no better my to do that than on the hall level" A: mailor sent to Sarasota County vot- ers says his school board condirlmus will support the DeSantis Education Agenda" mill "Stop indoctrinutfon" "it just shows that he rocogniacs strong leadership and the need for strong leadership in the most Important mea in 2022, which is the schootbowd," said Aly Marla, Legge, a ennservallve Hillsborough County Sdhaol eavd can- didate endorsed by DeSantis. The governor also has been ache In traditional Republican primaries. in many cases, his endorsement of as GOP candidate vias enough to ward affseri. cum challengers. State Sen. Wilton Simpson Is running for Agde.hUle Commissioner with to- ken GOY opposition after both DeSantis and Trump backed him. State Senate candidates Blaim Ingo- glialn Pasco County and Jonathan Mar- tin In Oce County did lit attract any Wo publican opposition — and are utmost certain to win their races in heavily ga publican areas — after DeSantis on - dotted them. In somecases, DeSantis Ls getting in - Weed In competitive GOP primaries, both by enalorsingiand offering financial support. The governor's political committee gave 550,000 to Friends of Kiyan Mi- chucl, the political cummivec support. ing Michael, a Jacksonville Republican, in a .lore Houseprimary against two other Republicans. DCS..U, endorsed Michael, Even In rare. where DeSantis hasn't endorsed, he ix playing is big role in the GOP primaries. Many CAP candidates haw touted their support for Da&antis agenda, showing how popular he Is within the party. Th— inrhute c ndhlmea fn* Onn- gre.s down Ira local nMo.. Republican county commission ean- didare Mark Smith mention. DeSantis twins In Ills latest nailer, saying: Just Ilk. Governer DeSantis, we urn count on Mark to protect our freedoms and Black- ty from government mandatell and eneach' ov Smith is running for the Samsota Calmly Commission against *.other Republican Ina rightly contested race. Candidates huve mn afoul of DeSon. iia«lnseDro.l.as!„ard°faai oau, ase.. 11. lam ew •,n leGnaNL cwm+wcwc "ry.ewaa,wn„cmp.! req �, .n� p�+n� evict hn. nv» urw,. xtr: Miro W� Rs:.,u Mine awes d ew..r o+Pi.�iPanw7.�s, va,on"ro n«.,,a" a, «,fw., mv.n. m+e'.N n«uarawl vu�+,war a.+wy-"y+ ucwn re, �o°uua"Ou„ r De`'c"rve"T` oases .'nsli auomv.. io cHiviia w. aowol in"•Test: eamnaaas ri*="' caurwa Sao Sanwa roe onra,cT, uscwnan x or nes dssaKa dsscwwao mar ruacraas eau uwrru or res! dip KI DE�4aM,aw aDrM YMaleaaTesnwaulalwwsdr mal D6nnmaaoamo or Vito v[,usrtfnctAVtS'...,WOM,Md,q WenlClwf DATE, Ic TCPALM.COM I TUCSOAY, AUGUST 23,2022 1 SA DeS.mis. A Uniwralty of North Florida poll re- leased last week .11owmd Fried will, a narrow lead over Crist, on the strength of stronger suRrnlrt among warns n act - cu. Crist's—rapaign Sauntered whir its own Interred survey, showing him aam- 11mulbiY ahead. Polls, though, show DeSantis beating either Demoerat In Novembc, s general election. Butin makingthcrfinnl case to Dem- ocratic voters, Fried and Criss are a con- amst, In Render and generation. Fried, 44, Is eagerly courting the voles of Florida women, having under- scored her frequently mentioned "something new"aarmpoign theme with a TV spot showing her striding through rows of male mannequins, symhelically separating her from past governors, In- cluding Crisi, whn have all been men, A spot now killing across the state foalure wornon who redo history - tis for touting his support when lar haaot offered it. Lastmonth, it avvyerforth. DeSunlia cvnpalgn sett a cease -and -dean letter to a Miami-brmed political committee backing Marto Pcrea, who i, conning as an incumbent for reelection to a seat on the powerful nine -member Miami - Dade Counly School Board. DeSantis had endorsed another candidate who had worked In his administration. The political comndnec featured mailer ads that included a photo of her side -by -lido with DeSantis and a Small- er photo or DeSanlia gesturing with a thumbs up. When DeSantis does back is clndl- datc, he has offered cignifieant finanetal slipped, The governor's political committee gave $140,000 to the Jots and Pcosper- try for Florida political summits., which is chaired byhia lieutenant gravel - mar Jon.ed. hhider That committee Iran paid mote than $200,000 to a con- sulting firm working for two Miami. Dodo County School Board candidates endorsed by DeSuntts, one of whom used to work. far Nodes. It's unusual for someone like DeSan- Its who has a competitive reelection race W spend a considerable amount of Ili, own campaign money helping other, candidates. The govemui. mdreCadb from suffragettes to icnnls lagend Billie ,Fear King and U.S. Suprema Court Joe - doe Ketauli Brown Jackson. Fried talks of "standing on the shnuklcrs of all i hese tmilblazing women." Criss, 66, lents to rely an a calm de- livery, unspooling highfights and anee- dote..from Ills long Mammy, as a former slate senator, education enmmisaloneg attorney general and .governor .- all whin he was a Republican. I to also ran unsuccessfully as n Dem- ocral for governor in 201,1, losing to Re- publican Gov. Rick Swttby64,115 votes, a 1% margin, Crlst has since served three terms as a Denlar—lic congress- man from St. Petersburg. In campaigning Criss speaks fondly of Florida, its environment and people, promotes [its defense of Florida con- sumers against insurers and utilities, and occasionally votes lire gold wklst- S.. PRIMARY, Paga 7A nary fundraising ix allowing him to Ise generous with those funds. His political committee has momthan S17.5 million in crib on hand, "I dont recall a gov...... f any stale going a.., 'local' as Cevernor DeSantis has" with him endorsements and cam- paign support, Saint Leo's Orlando said. "Not lust in Florida, but nationwide, but.,. he really has money to burn' Legge has benefited from mailers paid for by DeSantis' political commit- tee. "It's a good help; she said. "We ap- preclate it Legge, Is a 35 -year-old mother who has attended most lilllsbarough School Bored meothrgs over it,. past three yours, complaining about COVID-19 pol- icies and other Issues. She is Involved wit], Moms for America, a -.—air- activist group based in Missouri. Sha first met DeSantis when she spoke at a likes, conference the gover- not held to sign legislation on how racial issues am taught ill schools. "it really should put be back•to-ba- sles education, we shouldrit have these divisive lopica where we're pitting ehil- dren against each other." Legge said. Fblloro Herrlld-7lihmne Political Ildh- torZoo Anderson ml Taultm, at Prae- jnnderson. are ran be reached.1 rrae.an- dersron@hemldtritiuna m. ISO-// Education law Continued from Page IA school officials to draw nrGivalP and discriminatory lines In their attempts to Implement the I."., The law, which has drawn notlon- wide attention, prevents instruction on gender Identity and sexual orientation in kindergarten through third Said. and requires that such instruction be "age. appropriate ... in accordance with stale academy standards' in old,,, grades, Republican lawmakers tftted the messure tlie ."Paternal Rights In Educe - tion" bill. Opponents labeled It the "Don't Say Cay -bill. Opponents also have challenged the mnSlihdionality of the measure In a federalLawsuit filed In Tallahasseo against the State. Board or Uducuticn, the Florida Department of Education. Education Commissioner Manny Dia. Jr. and sewmal school boards. That cast ORCA C..tl-.d from Page lA building possible,' according to an Aug. 22 announcement from the nonprofit. Indian River Lagoon research Ralnone's estate donated $500,000 toward the $865,000 purchase Price, Widder snkl. ORCA has collected &9'21,000 of ill, $J.2 million fundmtsing goal in a campaign It kicked IT in April. Wfddm said The city assisted with renovations and In 2019 donated a defunct water quality leaving lob near the airport that has became ORCKs new citizen science convey Widder said. The V¢ro Beach An Club also helped by painting murals in the space "'Cite city of Vero Beach has been so supportive of mfr efforts on behalfof the lagoon, wo are feeling really great about this move,' Widder Said. -The commu. nhy support has bean Phcnom.0.1 and ;It's an Ideal location for ORCA, as its midway between the cxnemes of Ilte 156-mlle-long Indian River Lagoon' That lagoon runs through five coastal counties, including Marlin, St. Lucie, Indian River, enfant and V.h sin. Why did IRSC evict ORCA? ORCA had been based at the historic Cavort C;I..d building on Seaway Drive in Fart Pierce in. 2005, until IRSC Is- sued a 60 -day notice to vacate In May 202L The IRSC board I. April 2021 "deemed that the futility was not being maintained to IRSC slandords and was unfit for ca lliand oceupintcy,- spokcs. person Su.annc Seldes told TCPalm at the time. The 1996 building was detedorat ng, IRSC official. told ORCA. That baRled ORCA stag Managing Director Warren Falls, who is a licensed contractor, said the sttnrttue was "strong" and "sound," and lied passed all Its fire inspactiuns Tile Interior and mostly extorter had been art—iod fn 2018 to fix hurneanc damage. IRSC repeatedly denied TCPalm'. re- quest far Ins, oaten records detailing pr blame v! llhlibulldlng. IRSC AJ'+., -:^ - MCA a req cal for wall which Only get as out of there mg; Widder told is pending. The lawsuit against the school beside In Indian River, Orange, Duval ad Palm Bearh counties was ('.leal July 25 in federal eaurr in Orland.. It has been assigned to U.S. District Jmlgc Wendy Berger, who was named o the federal bench by fanner President Dan - late and circuit judge. Attorneys for the four school boards have not filed initial arguments In the mar, Bill in the separate case filed.(. 'fellahassoe, Attorney Concral Ashley Moody', afffce boa contenders that the state has the right to sed curriculums for public Scheele vivid disputed that the -LegWritrue ..led out of animus against LGBTQ individuals." 'The bill renecls no governmental preference about what atudents should learn about sexual orientation and gm - der identity,- the statds lawyers wrote til a motion to dismiss live case. "Those sublectx must be taught appropriately and, for the youngest children, theymuy a TCPALM.COM I TUESDAY, AUGUST a0, 2022 1 SA he sought by parents, not in public- schoul classroom winv. That Is. Ie- githnate (stale) Interact" The plaintiffs in Otc Orlando Inwsnil irv:lude Jun and Mall Cousins, the Iwr- ants of four children In Orange County schools; Will Larkin., a senior at Orange County's Winter Park Ifigh School who is president of the sehuofs Queer Siu- dma Unlon; David Dinanand Vik Gmgi- di, a married same-sex couple who have two children In Indian River County schools; and the nonprofit CeratiLink. Inc., which has members Including LOTBQ community centers in Orange. Duval and Palm Beach counties. They ate represented by lawyers from the Lambda legal Defense and Education Fund,Southern Legal Coun- sel, the Southern Poverty Iaw Center and the intemalinnal Iaw firm of Raker McKenzie, In Friday's mono,, fora prdllnlnay injunction, they ruised it series of argu- ments, Including that the law "imper- mtssibly chills" speech in violation of the First Amendment and Is unconstitu- tionally overbroad and vague. They also cited steps that the ardtooh districts have taken to try to comply with the law. AS .11 esample, they wants that Ih. Duval, Indian River and Palm Beach school districts have reduced orsllmi- haled LGBTQ-studsnl support guides and anti -bullying guidance. "h, Ithe Palm Beach County district), profosafonai development wclksh.ps on WirTQ. Ia ncs wear. Suspended and, in many districts, book. with LOBTQ4 characters for Students In K42 have been removed or are beingrevfew-ed un - (let HB 1557," thr ovotial Bald. "Teachers hunt been encouraged to avoid anything that might generate discussion about LGBTQ- people and have been chilled from suppnrting LGHIQ i students and student groups;And; argnNmtlrms Ihnl III— uaditianally provided LGBTQ- training and other servtv.s to schools am ILcingbiock,d from compldingiheir work' Edit Wldder, lead scientist and founder of the Ocean Research & Con nation As,.d.tion, speaks with board embers and donors on March 29 during an open house event at the orgaNa stion's laboratory in Vero Beach. I'MuTCPA TCPalm Tlanduy.:"Atthutime,lbeggcd toemole...% with Mal all 'l'wilter @Maxelf yles, them to lel us slay a little longer' Max C hesna is a 'fCpalhn L."iron- emaff hint at nms.chranesna mentreporter (ocuabig an issues racing fepatnixe m mrd gine hint n call of 772- IRSC,Hospitality Center the/ndimh Rlaer Logoon, St. Lucie Ricer 978-2224. and Lake Okeechobee. You can keep up Once ORCA vacated, n newnahuc ap- pered on lhcsigm-HosphsiftyCenter." What thebultding will be used for ro- malns unclear. Ifs loo early to Mer - mine, as them la "much to do to make the building fit far oceupancy," Selden told TCPalm Thursday. The building will remain unoccupied until an assessment, review and reno- vation are complete, Seidel, said. She could not provide a thnelins. The building Is reserved for the cel- ler'N hospitality program, which fccus. ee on the tourism Industry, Seldes Laid TCP.I , last year. The building feat( res Dade County pint Now, England style arcli..with Lucked a vay windows, lengthy kitchen cabinets designed fou naval military of- ficers who lived them during Wodd War 11 A flitril-flivot ladder accesses pan- ommic view of the ocean, Inlet and la - yours. Despite not having a hvndgwrrtels this past year ORCA expandell Its ctti- zen selene program fid continued Its India, River Lagoon reneacly Widder, Said 1 looking Forward 1. evann'.. rid- sencements; In orty rd1.evcnnlamad- encementsin the mining years, when we've got this naw space to depend on; rhe said ORCA I. still accepting donations at Pate s.Pu,m n.ama LP:Cw�".wa,r oanWan.n, tale: aa.,.. laLA11w1'. LC'a'"'"Iaa�al�'w Ceaml aa',w-w++w CWMn s WJyiNMa ira0l <��Mrr�rx+a«"m tin. rw va+..i�yel C �. , NrkW� M ! W In. Imo a ra..wr rcr Ii pn I-p�wion 4 a,MN Ice V Co•wnwJr angtt,a+ i[rraal�vCL.v�i Whr. C_ IRY. ILO — a pMa�ic�i�nC jwi iUia h-UNaa-vis i o1 M w[K O is LwatavaoPs. mowgPoa vVrw.innveWhas MWIDNarimo ui EfrECl,v[0�i4. r71 eoAa0 ar w«rneeil:wr'"wL.W o-nwm,e«, .: W,!mwY..W. • ,m 1..+.1:ry uw. W--,..Ye.ullw++d+I as «gaiar, "M m!w:,,tiai,uuva 'M""T �G.niawk.,a a w �wngx5,lTvtim odiopnriyeru'iln n+� 9� � N9xnrrwe �aMe .. a. d..w.wM� HaNLt'tme..lirii �fYl, m!ertY. 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MVW ,h,mgn la,a, RewmaeY a. n,. a:+d titin P m.. Patio Continued from Page IA nearly empty, to the diamay of soma. "lira think lt went very —11," said Eric Bchymer, owner of Indian River Auelobt Gallery, which handled the auction. A lot of it did go baekto the family, the. Tripsons and lire Sextons, which we. were happy to sec. Them was quite u bit thries going to ba taken to other local ."I" rants and displayed there" The Sexton family, descendants of wail -known local architect and devel- oper Waldo Sexton, previously owned the building. Sexton bull the Patio and .ilio icons of Old Veto: the. Driftwood inn, McKee Bmanicai Garden and Sze chuun Palace. For his descendants, the Patio's I., sure was for more bitter than sweet. For one thing, they had no Idea an auction zwould happen al all, said Mike Se int, Ido Sextons great-grandson and a Ideal real estate agent. The family believed the building's In- tedor would remain untouched, but they found u0tntho—me when the euc- tloneer brokethe news to them, he said, "It was kind of a surprise," Sexton arid. "But when you sell mantbing, It's net yours anymore.' He and his rather decided whey Iwck LGBTQ Continued from Page 4A these groups cane out of the woodwork and all a sudden they xtell wlgng you a bigot ... and fnmkly all the am doing is bringing common sense to lire. equa- ilon,` Ziegler said. Christian Family Coalition Florida Executive Director Anthony Verdugo said DeSanlix has taken positions on tmnatit.&r issues that have broad ap- peal, citing hispushtokeep vanspender individual, boa playing womens sports. "It's not misogyny. It's not sexism. Itis common sense," Verdugo said. In the process, the governor has be- come the doffing of social cunscrva- 1.1— "He's viewed as u here," Verdugo said. "He's vlowed as a leader, Ilei viewed as a courageous men, as a statesman. lie. Is willing to say what others are thinkingbut either will not my or dont have the platform. He )has gotten so much support from cultural conxervatives because hes xpc.ki.g their language, lie'sfighting back.' DeSanth spokesmen Bryan Griffin said the governor is •devoted m prolect- fng children and empowering parents." "Tothe extent that sexual topics are beinginjected into Ube education of- or marketed lawarls -children, the gover- norlsstatWingupand pushingback,"he said. Verdugo believes DeSantfs'agenda I. a recipe for electoral vue.c., saying It will appeal to suburban female voters who Bed the GOP bemuse they didifl like fnmter Pr idem Donald Tnunp:. LGBTQ advocates say It's o cynical strategy. "They are creating thisphony moral panicabout LGBTQ people to whip peo- ple up Into a frenzy and divide people funher,'said f emocralicstale, Hep. Car- los cattle'. Smith, thestate'., real. ,c TCPALM.COM I TUESDAY, SEP TE MBER 6, 2022 1 SA Over 300 pieces of historic decor 1, The Patio Restaurant were dmloovad far visitors to Inspect on Aug. 18 in Vero Beach. An auction was held for those wishing to take home a piece of Vero's history.k JonrsircmiM some of the decor, ha said, including some of the wmnght-fan arehiteeure. The family didn t take anything before they sold the restaurant because they thought the interior would be pill - be said. "Had 1 known that, I probably would havelusl taken some things that I want - ad;" he said. "But I was trying to do the light thing and feem it there for every- bady to eoioy," Real estate broker Ptakas & Co. pur- chased the building Vch, 21 for $600;000, aceordtng to county property records. Athan Flukes, Ptakas & Co.s owner, Is I—Ing it to transform it Into a "golf-simukotot sports bay" he said, up LGBTQ advoeivas and their allies, who ore highly motivated 10 take him tun. LGBTQ activists mobilize DeSentis seems to believe that .,any people are uncamfonable with the dis- cussion amu ori gcndcr Identity that has takers place in recent years, and he can use that to his political advantage. "They talk about pansexualism and all this stuff," DeSanOs said during a m- cet rally For cansa—Uve school board candidates, "stn lust thinking, •..'fmag- ine what err elderly, they don't know what any of this stuff is. it's weird that you would even Ixtalking about. it. Nut Smilh, the head of Egnaiity Plod- do,said acceptance, oftransganderpoo- ple is growing and will only increase. "This conversation reminds meofthe conversation around maringeettu di Smith aid, 'We lost 38 at.ws in a row Before Ilia tide changed" Young people aro especially sympa- thide to the Ideathat gcndcr identity I., fluid, and have been among the most vocal in pushing bock against Dc - Santis, There were strident led waikoms across the stale In response to 1161557. New LCBTQ activists acv trying to her - inn this energy into defeating Man - 'Is. "DeSentis may think he. winning but lot me tell you, his not,,' Sold Lakey Lovc, a transgender Individual who co- founded the Florida Coalition forTmns- gender Liberation. "This gar, amlion drove eoming out of them public schools are going to push people like him and Ilia out." Zander Mail., the Harvard snhdcnt, said he plans to vlsf. Florida regularly this year and .—clioato other eam- p itin efforts fret his dorm r.—. "DeSentis has brought lot of ener- gy_ out of youth in the state," he said. Not out of inspiration, but out of fear and urgency." nits wins reelection Hrllao Herald -Tribune W1141m1 fidl- ;�npagahwhetherhiscul• I., Z., Anderson collyuftler.1C"tsoo roachhasctossaverappeal Imidersat.Necanll rehdnvl At.'rut- his bas: mere than it fires deraonGaharnldlrfbmoecnm pet. _n.tatr PRI, exec+.. tomered, cemrnw cw^.xpw. vw ��ut� extol, txw Np� W t"e.r+,!a" .an In„ Fen �a r�.euya�xroa r�'uKS.,E.,eN' w+x� ,w'"Y we. ,x ,vb CI t" sero d ce or rxE eeAxo w cownV cow E6taa.Bea"GWxp txt lP co,Wuxnv owEexPMExr o�ervu�uuu,a rAnnFr; raWiWxo,%hmE;rxov,oiNanr,o,roz;cnNtwo.%NC KWWOIN[�Y6�PC[ ['SSn,Nx�a etrEaw.t wure„roet or na a xDrxier•Fxsa:rso "oi W1tp`vilo°n4 W�anrxNon itveua,enveuu ,petapxn Axf 9ECTM Dart He Inledor will be redone Io ancon, modato three. virtual -golf simulators, while Its exrslor will remain the same, he said. The auction cleared the way for the restaurant'. estaurant a n—fmmation. More than 300 items %were tip for sale, ranging from the buildings wrought fron fencing to Its chandeliers, it paintings and old dinner menus. A majority of it ,,as sold,. liehymcl said, and some -Items, such as lire French floor ole, sold for as much ax 53,500 - "We,, thankful to everybody for ,ing ant to anpportthc history ...and wanting to preserve some of that slug" he said. "We are verythankful and hap- py to see It go to individuale rldher than it Delag Invited: About 50 ilam5 werestill left after Ore auction ended Wednesday, so theindi- an River Auction Gallcty likely wilt hold a second auction later this month, he said. Even.Ihough it wasn't itm ending the Sexton family wanted, Mike Sexton ae- knowiedgcd there was a silver lilting: The building itself is still standing, rad pads of It will live on. "As bittersweet as it Is, I'm kind of hoping Maybe sonic of the people fn the cmmnunily that lova that place are go- ingto get to take liltlepiele ofit home with them,' be said, And his %visit seemu to have cattle into. Ocean Grill and Relley'R Irish Rob will display some Items. Behmyer sold, white other people will gel to chxtish soma decor in Ilio comfort of their homes, One couple, for example, purchased one or the Patio's signs for $1,100. "Iter and her husband used 10 eat lutist there daily, he said."They bought that and the menu, and ilreyYe got ng hang ft in their game -at." Thoma. Weber Lv TCPolnrk Indian River County gaic—orl sdtuntehdogre- porfcr.youcan—all hhR at ilml w..- fAMrtarcpotnr.som or e17-515-9117. Fort.. trim ort Fbeebook amt Twif for. A Brevard Say Gay dally at Front Street Park was held In the Melbourne Causeway. The rally was to support solid students and Families. 1Atc0ue oExauAxatnasioa 100M The $50 Cashmere Sweater 4.7 / 6.0150,000+ reviews Yep, you read that right, 100% Grade A Mongolian Cashmere. 12 colors for 50-75% less than other brands. Because you deserve it.. Quince ONEQUINCE.COM I 3& -i --S .tiI—Sje He Inledor will be redone Io ancon, modato three. virtual -golf simulators, while Its exrslor will remain the same, he said. The auction cleared the way for the restaurant'. estaurant a n—fmmation. More than 300 items %were tip for sale, ranging from the buildings wrought fron fencing to Its chandeliers, it paintings and old dinner menus. A majority of it ,,as sold,. liehymcl said, and some -Items, such as lire French floor ole, sold for as much ax 53,500 - "We,, thankful to everybody for ,ing ant to anpportthc history ...and wanting to preserve some of that slug" he said. "We are verythankful and hap- py to see It go to individuale rldher than it Delag Invited: About 50 ilam5 werestill left after Ore auction ended Wednesday, so theindi- an River Auction Gallcty likely wilt hold a second auction later this month, he said. Even.Ihough it wasn't itm ending the Sexton family wanted, Mike Sexton ae- knowiedgcd there was a silver lilting: The building itself is still standing, rad pads of It will live on. "As bittersweet as it Is, I'm kind of hoping Maybe sonic of the people fn the cmmnunily that lova that place are go- ingto get to take liltlepiele ofit home with them,' be said, And his %visit seemu to have cattle into. Ocean Grill and Relley'R Irish Rob will display some Items. Behmyer sold, white other people will gel to chxtish soma decor in Ilio comfort of their homes, One couple, for example, purchased one or the Patio's signs for $1,100. "Iter and her husband used 10 eat lutist there daily, he said."They bought that and the menu, and ilreyYe got ng hang ft in their game -at." Thoma. Weber Lv TCPolnrk Indian River County gaic—orl sdtuntehdogre- porfcr.youcan—all hhR at ilml w..- fAMrtarcpotnr.som or e17-515-9117. Fort.. trim ort Fbeebook amt Twif for. A Brevard Say Gay dally at Front Street Park was held In the Melbourne Causeway. The rally was to support solid students and Families. 1Atc0ue oExauAxatnasioa 100M The $50 Cashmere Sweater 4.7 / 6.0150,000+ reviews Yep, you read that right, 100% Grade A Mongolian Cashmere. 12 colors for 50-75% less than other brands. Because you deserve it.. Quince ONEQUINCE.COM I 3& -i --S Number of Affidavits Needed 1 Customer Email Karen.Jusevitch@KutakRock.com Customer Name Kutak Rock LLP Customer Phone Number (850) 692-7300 Customer Address 107 W College AVE Tallahassee, FL 32301-7707 Account Number (if Known) AP -806651 Name Karen F. Jusevitch Street 107 W College AVE 9//aAoaa City Publication Date Tallahassee 9/6/2022 State Ad Number FL GCI0928263 ZIP Code Publication 32301-7707 Indian River Press Your Name Market Nicolle Lackey Treasure Coast Email Address Delivery Method nlackey@localiq.com Both Number of Affidavits Needed 1 Customer Email Karen.Jusevitch@KutakRock.com Customer Name Kutak Rock LLP Customer Phone Number (850) 692-7300 Customer Address 107 W College AVE Tallahassee, FL 32301-7707 Account Number (if Known) AP -806651 Name Karen F. Jusevitch Street 107 W College AVE 9//aAoaa 1061 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: October 5, 2022 SUBJECT: Notice of Public Hearing Scheduled for November 1, 2022: Proposed LDR Amendment Allowing Automobile Parking and Storage as an Administrative Permit Use in the PRO, OCR, MED, CN, and CL Zoning Districts It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 18, 2022. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: November 1, 2022: 1. Consideration of Brattain Property of Indian River County LLC's Request for Land Development Regulation (LDR) Amendments to Sections 901.03, 911.10, and 971.13 to Allow Automobile Parking and Storage in the PRO, OCR, MED, CN, and CL Zoning Districts [LDRA-21-09-01 / 2003060269-90131] (Legislative) RECOMMENDATION: The referenced public notice item is provided for the Board's information. No action is needed at this time. 137 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Steven S. Hitt; Principal Environmental Planner DATE: October 5, 2022 SUBJECT: Notice of Public Hearing Scheduled for November 1, 2022: Proposed LDR Amendment Revising the Unwalled Boat Shelter Size Restrictions to be Consistent with State and Federal Jurisdictional Agency Requirements It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 18, 2022. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: November 1, 2022: Consideration of a Request by David L. Cox, Ph.D., to Amend Land Development Regulation (LDR) Section 932.07, Piers, Docks and Boat Slips, by Revising the Size Restrictions on Unwalled Boat Shelters to be Consistent with Florida Department of Environmental Protection (FDEP) and Other Jurisdictional Agency Requirements [LDRA-22-05-01 / 2022020086-91934] (Legislative) RECOMMENDATION: The referenced public notice item is provided for the Board's information. No action is needed at this time. 138 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator FROM: Phillip J. Matson, AICP Community Development Director DATE: October 10, 2022 SUBJECT: Consideration of the Land Use Visioning Study and Follow -Up Action It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of October 18, 2022. DESCRIPTION & CONDITIONS In 2021, the Metropolitan Planning Organization (MPO) approved a scope of services for a population, development, and rural lands visioning study to be performed by one of the MPO's general planning consultants, Kimley-Horn and Associates. The purpose of the study was to review rural land use and development policies, evaluate alternate future land use scenarios, and inform the MPO's next Long Range Transportation Plan (LRTP) update. Over the last year, the MPO and Kimley-Horn have conducted ten public workshops for the visioning study and have also made visioning presentations at many other public meetings. To reach a broad cross-section of the community, workshops have been scheduled at different times of day and different locations throughout the county, including Vero Beach, Sebastian, Fellsmere, Gifford, and the IG Center. In addition, the visioning team spent a day engaging with students at a local high school for their perspective on the community. It is staff's view that the visioning study has featured robust public participation, as evidenced by the attendance at the numerous public workshops, meetings, and presentations (total attendance over 600 people). Based on the public feedback received throughout the visioning study, the consultant has prepared a final summary report which discusses emerging and future challenges; reviews urban service area and other rural land policies; presents potential rural land strategies; and offers recommendations for guiding future development within the community (see Attachment #1). C:\Granicus\Legistar5\L5\Temp\06cOd9db-428f-4fOd-9f5e-28c81c4ae0a6.docx 139 Visioning Principles Based on all feedback received through the public workshops, the following six "Visioning Principles" have been identified and high levels of support: 1. Conservation of sensitive environmental lands. 2. Diversity of housing types that include affordable options. 3. Infrastructure improvements that provide mobility and multimodal transportation options. 4. Promote a healthy economy. 5. Maintain agriculture. 6. Maintain rural character. These principles will be used to guide future planning efforts. Adoption and Implementation In addition to identifying guiding principles, the visioning study provides both short-term and long-term recommendations for guiding future development. The short-term recommendations are items that can be implemented through rather simple changes or are already underway. The short-term recommendations include: • Expanding flexible uses in agricultural areas for uses which involve a simple process, such as solar farms. • Modifying development regulations to increase opportunities for Accessory Dwelling Units. • Updating parcel split ordinances. • Encouraging infill/redevelopment within the Urban Service Area. • Using annexation agreements to ensure compatibility between jurisdictions along the urban/rural edge. • Coordinating on projects of mutual benefit, such as the widening of CR 510. The study also identified long-term recommendations, which involve a greater degree of complexity and will require further analysis, possibly as part of a Comprehensive Plan Evaluation and Appraisal Report (EAR). The long-term recommendations include: • Expanding flexible uses in agricultural areas for uses needing more further study or the preparation of specific land development criteria. • Updating the County's New Town ordinance. • Modifying the Urban Service Area boundary, where appropriate. On September 14, 2022, the MPO unanimously voted to approve the MPO Visioning Study. C:\Granicus\Legistar5\L5\Temp\06cOd9db-428f-4f0d-9f5e-28c81c4ae0a6.docx 140 RECOMMENDATION Staff recommends that the BCC approve the land use visioning study final report, consider the staff presentation on the Visioning Implementation process, and provide staff with any feedback going forward. ATTACHMENT 1. 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C s C ++ O) a) L E Z Z Z Z Z N Z m CC Z Z U W a)2 N o �nLco Pa U co p L O � co Co Q co � C Q E co OI-- 0 N � O C: 0 -0 0 C C@ CO C Q 3 (o O N C Q_ O c W 0- 0 W N U � C W � co '8 7 C YCO O L Co 3 0 <� o co Q 'c L U � 7 COaww`` CO CO W a) Q N x� c CCL N N E N O O O CD Q. C �+ p O UM a O fWp Q.- Q N C O C O Q _0 O O W QW • • 04 7�, r L O r U 65 '6 CO Ln C Co 16 rn O (o cr _O N O CD O co 43 c Co I_ - UP UP Q)3 C_ O Co CA N C O cu O D E o c � c VJ to O Lia M a L O U) � c � ca L O U 4. 0 Q U O (o L m Q (o N "a U7 O Co U O I_- V) U N _o (D p c C O co CO O (o O aip O :3N CO 2' Co N ❑. C (� L N N Q cu Cll _ c 0+ C co O � O rn O O CO aa) CO cco a E 0- C • • • _ � V) CL W F- � � x W z k \ � J 41§ E CL 0 Z 0 � \ k ƒ f §�� §CL | }� �§ .| u$ k E �o «�^ Cc� ` f §�� ||! }� W,- / .. � \ o f / < £ 9 \ Co§ 0 « ¢ / U.¥ F o Qƒ � ~ 3 /o 2 3 1/ / m @ 0 c mQ / /CD o 0) � # = O 2 \ > 0 0 \ $ U) 2 3 / ƒ ƒ n / 1/4/2023 NOR Indian River County Land Use Vision Study Indian RiverCounty Board of County Commissioners October 18, 2022 �pyt0 1r1.62-1 1/4/2023 PUBLIC OUTREACH PHASE 1 The initial public outreach activities fa this study included two Consensus Building Workshops held at the Indian River County Intergenerational Recreation Center on October 14, 2021 and February 3, 2022 respectively. The public was also provided the opportunity to give feedback on the study at the February 24, 2022 Planning and Zoning Commission Meeting. N 6REVARD ooh 0 m 1 z moea VERO h - BEACH+fc �o s °T zatw ar ORCHID. arc•- � ` € 5E8ASTIAN (e FEL IERE J i q 5 INDIAN' 1 RIVER SHORES , VERO BEACH l § a Legend nk Gomm—Projects Needs RoadwaVN— X21 2021-2025 (202672045) Urban Solo f 2Lanes 2Lanes 4 Lanes r_4lares C.untye-da m • tw —6lnnes °R° m.am _Q,. OSmrale�ic an6 „,_.. pro m ExoM1nO Rcadz � l t ImerseaToenn �i Improve o ST Wu IE Roadway Needs/Potential Deficiencies PUBLIC OUTREACH PHASE 1 The initial public outreach activities fa this study included two Consensus Building Workshops held at the Indian River County Intergenerational Recreation Center on October 14, 2021 and February 3, 2022 respectively. The public was also provided the opportunity to give feedback on the study at the February 24, 2022 Planning and Zoning Commission Meeting. PHASE 2 The final phase o` public outreach activities for this study included a series of seven public workshops that were conduced throughout the county and offered a different times of the day INDIAN RIVER COUNTY Land Use Visioning Study ,MMI I "As a Vero Beach native with a middle-class job, the housing prices are too expensive, affordable housing must be available for lower/middle income families. " "I enjoy living in Indian River County. 1 loved the small town feel but understand the need for the County to grow. " "I understand that growth in this area is inevitable, however planning is lagging behind the need. " 1/4/2023 113 -- 3 "It is overwhelming to seethe current status of AG lands forsole to be developed. " "I want to explore new places and have new experiences, and I don't think I can do that here. There doesn't seem to be a large population of young people. " "I don't feel that Indian River County caters well to younger people, and I don't think there are many opportunities for well -paying jobs. " "I think spaces for young people are missing. Even parks and libraries feel like they are designed for older populations. " "I would like to see more places where people can go without having to spend a lot of money. " "I would like to see an emphasis on walkability. We have cool stores but none are very easy to walk to. " "More opportunities for things to do. Museums. Newer parks. And less traffic!" 1/4/2023 113-4 1/4/2023 25% 21.75% 21.16'0 20.67% 10.83`% 20%- 15% 10%- 0%5.% 5.7 5% LA The Greatest The Sdient The Baby Generation X The Miilenial Generation Z Generation Generation Boomer (torn 1965- Generation (born 1997 - (born before (born 1928- Generation 1980) (born 1981- 2012) 1928) 1945) (born 1946- 199L) 1964) Visioning Principles 1. Conservation of sensitive environmental lands 2. Diversity of housing types that include affordable options 3. Infrastructure improvements that provide mobility and multimodal transportation options 4. Promote a healthy economy 5. Maintain agriculture G. Maintain rural character Implementation 1. Each Proposed Change should Fill 1 or More Principles 2. It is up to Each Jurisdiction to Implement the Vision 3. Greatest Single Series of Changes to the County LDRs since adoption 4. Informed by Recent Events - Resiliency 5. Must be Phased In - LDR, Comprehensive Plan, LRTP 1/4/2023 • Source Visioning Implementation Principles (V.I.P. ATTACRME-Z INDIANRIMCDCRTT.E W. wEwoRA.NDi•w T(}: YameL txwrt (.bD'YY Adev»..rn. TRR(N.aRl: 19YIm 1. Manu ARl Com.euuiv> Aevelcpnel [limtea }IRpI: ,wv, saal (TxL Laol R.mhs YLmuY DATL. vpmev lf. M:^ SUYE(T: Ayu:a�cy snhmvnin Rr tmnuoilr Gn'cbps [q�e^ 3etali n(iM Ineiw Rnn MaW of ('anYCwm�u�l. imliy' .M Ndii }uoiiy wRmiNe IIwJry byal l« q.... I.. �....... ARreaueau. Iva:qu.swl3ntlrc U0u.i41iatnewm6eDmi Wmlme.idw.mnn bytlRB.rrANC.wn Ca.mm.:a.N.. n in veF,W meahryt m0elbv II.IOlt. M5Y R P1'1(IN L CIIYDITII}Nf h 1'aMu.u1 13, 2U:0. YN HoW of Cawvi C—k.Mnn+ MCI, nilvo.od • 4.+ �.� m.mnaMmeYb!mh IM ('wnlv'v ACkWM1k IMauYAJ.�.un C.eeeii�ue1A1lAC). Yulv4N 1/4/2023 t �t ° Kissimmee Melhcurne Tampa Clearwateru o FLOPIDF VeroBeach St. Petersb o s rasota P r +,. LLcle O West Palm Fort ers Beach 0 +y Fort Naples Lauderdale ?- n Miami 1/4/2023 b4a�> ♦ S O ! � •+ Baa eaa�`i Fence Toppers up to 8' �••••.®. Exempt Resiliency/Energy Projects from 50% Rule f' A ° t f Accessory Dwelling Units Old Standard: 1 per parcel 33% of the Primary Home New Standard: 50% of the Primary Home 2 per parcel on a large lot 1/4/2023 f��_ 9 1/4/2023 • Wants to make 4 - 5 Acre Parcels • New Option: • 2 -Time Split (4- 5 Acre Parcels) (D) Application process for affidaviWP lications for affidavits of exemption shall comply with the applicable pro nal requirements of section 933.47(3), 'formal pre -application confereewed and approved by the technical review committee (TRC). 1/4/2023 Cut & Fill finished Nov. 10, 2022 Dec. 13, 2022 Low Impact Development (LID) Nov. 10, 2022 Dec. 20, 2022 finished Lot Splits Nov. & Dec. 2022 Dec. 8, 2022 Feb. 21, 2023 Solar Panels & Impact Glass Jan. 12, 2023 Feb. 7, 2023 on Nonconforming Lots & Dec. 2022 & Structures Jan. 2023 Fence Heights Jan. & Feb. 2023 Jan. 26, 2023 Feb. 21, 2023 • May be subject to more complicated process, eg. Comprehensive Plan Amendments ® First will be Evaluated through EAR Process • EAR Process to begin December 2022 • Expanded Uses in Ag Areas • Revisit New Town Ordinances • Urban Service Boundary Adjustments • Large Scale Development Policies 1/4/2023 1/4/2023 X13 - 13 Increased Revenues Limited Impacts; Capitalize on Proximity to Major Intersections A 1/4/2023 �/I% X14 2030Indian River County Future Land Use Ntap A 0-4— 12, .t,:,; R --d 0—, 1— t, !� '2 Dude Ranches/Retreats/Sports Clubs/Winery Event Venue ma 1/4/2023 10 — 15 Amphitheaters . _. Jacksonville, FL'- -. Montreal, QC „ 224 Mtles 226 Miles -- Odando, FL, Saratoga Springs, NY ... Tampa. FL 94 Miles _._ •-199 Miles --- - 138 Miles .— Boston, MA _. ..- 82 Miles 214 Miles•-" ..... ..... Pat. Beach. r I 125 Miles FL Lauderdale, FL - New York, NY 1/4/2023 /13,16 Source: Youtube 1/4/2023 113- 17 13-17 • Urban Service Boundary Adjustments Potential approaches to modifying USA boundary • "Wholesale Expansion" to include all areas east of 1-95 • Smoothing out irregularities in the current boundary • Expand at transportation nodes and along corridors (i.e. near new Oslo Road interchange, along Oslo Rd east of 1-95, and future 53rd Street corridor east of 1-95) "Swaps" where areas along the current boundary trade inside/outside • Expand to include large contiguous parcels for master planned communities Update the County's New Town Ordinances New Towns have to justify their need and are limited to current population and employment forecasts for the County. New Towns are required to be self sufficient and sustainable - other land uses do not have this requirement. New Towns are required to provided their own public facilities despite the fact that existing facilities may be sufficient. New Towns are required to provide a mix of residential and non-residential uses in the town center yet building heights are limited to 50 feet. New Towns are required to provide a mix of residential and non-residential uses concurrently throughout the different phases of development_ This is not practical in that many retail/commercial uses require a threshold population to be successful. New Towns are required to be dense yet to achieve that density they will likely need to purchase transferred development rights (TDRs). New towns are expensive developments and requiring TDRs increases the cost even more. Residential is limited to a maximum of 35 percent of the development area. New Towns must provide a minimum of 10 percent affordable and/or workforce housing. New Towns must be located with arterial roadway access and have a greenbelt buffer. Generally, the commercial cores of new towns are not successful unless they are directly located on the arterial roadway. Note the land adjacent to the arterial is likely the most valuable property. 1/4/2023 IT- 18 1/4/2023 I,7z.,19 1/4/2023 113 -z0 1/4/2023 1/4/2023 1/4/2023 M 23 Indian River County will undertake the following to implement the findings and recommendations of this study: Evaluation and Appraisal Report (EAR) for the County's Comprehensive Plan . Revise Land Development Regulations EAR- and Vision Plan -Based Comprehensive Plan Amendments Indian River County Land Use Vision Study Indian RiverCounty Board of County Commissioners October 18, 2022 Mem• 7..d:,. Rt..�. Cou.tµ 1/4/2023 113- 24 1/4/2023 Indian River County Land Use Vision Study MPO Board Meeting September 14, 2022 )I -25 /1= . INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP Community Development Director FROM: John Stoll Chief, Long Range Planning DATE: October 10, 2022 SUBJECT: Redevelopment of Gifford Gardens It is requested that the following information be given formal consideration bythe Board of County Commissioners (BCC) at its regular meeting of October 18, 2022. DESCRIPTION AND CONDITIONS On April 12, 2022, the Board of County Commissioners (BCC) considered a presentation by staff concerning the single proposal received following an RFP (Request for Proposals) to redevelop the Gifford Gardens site with affordable single-family housing. Inline with the recommendation of the Affordable Housing Advisory Committee (AHAC) at its February 23, 2022, meeting, the BCC voted against awarding the proposal over concerns that the price per house was too high. Following the BCC's rejection of the proposal, a public workshop was held on April 27th, 2022, to solicit further direction concerning the redevelopment project. Topics including the price points, aesthetics, equity building potential, and community building potential for different types of housing options were discussed. The input received during the public workshop was incorporated into a new RFP, and in addition, the County's cash contribution towards the project, through the use of American Rescue Plan (ARP) funds, was increased from $350,000 to $500,000. In the new RFP, the target audience for the project was also modified to include all eligible households earning 120% or below of the Area Median Income (AMI). Following the second RFP, one proposal was received from Habitat for Humanity. Based on this proposal, the redevelopment project includes the construction of 14 (3 bedroom / 2 bathroom / 1 car garage) single-family homes that are approximately 1,500 square feet in size. The estimated cost for each house based on the proposal is $206,449. 174 On October 3, 2022, the selection committee reviewed the proposal and recommended that the BCC award the project to Habitat for Humanity. RECOMMENDATION Staff recommends that the Board of County Commissioners review the proposal from Habitat for Humanity to redevelop the Gifford Gardens site with affordable single-family homes and award the project to Habitat for Humanity. ATTACHMENTS 1. Habitat for Humanity Gifford Gardens Redevelopment Proposal 175 2 Habitat for Humanity' of Indian River County f=;4:;^& -A C-% nilH+�usin Y 6 int Proposal Indian River Habitat for Humanity 4568 N. US Hwy 1 Vero Beach, FL 32967 Trevor Loomis, CEO tloomis@irchabitat.or� 772-562-9860 ATTACHME061 Indian River • ' • Habitat for Humanity' Proposal for Gifford Family Housing Development 1. Developer Indian River Habitat for Humanity 4568 N. US Hwy 1 Vero Beach, FL 32967 Trevor Loomis, President and CEO tloomis@Dirchabitat.orR 772-562-9860 2. Company Overview Gifford Family Housing Project Proposal Indian River Habitat for Humanity (IRHFH) is a 501(c)(3) nonprofit, dedicated to eliminating sub- standard housing by building and renovating decent, safe, and affordable homes for low- income, hardworking families who cannot qualify for a conventional mortgage. Since its inception in 1991, Indian River Habitat for Humanity has created housing solutions for 1114 families throughout Indian River County by building or renovating 516 homes and providing critical home repair services for an additional 597 homeowners. IRHFH's unique operating model uses a combination of paid labor and volunteers to provide homeownership opportunities to families in need. Homes are sold for no profit, and IRHFH provides an interest-free mortgage to qualified homebuyers that complete the homeownership program and contribute at (east 300 hours of sweat equity. The IRHFH homeownership program is open to any person with need for housing that meets specified financial criteria, with annual incomes between $31,000 and 80% of the Area Median Income. 3, Building and Planning Division Contacts Indian River County Building Division 1801 27th Street, Building A Vero Beach, FL 32960-3388 Phone: (772) 226-1260 Fax: (772) 770-5333 Indian River County Planning Division 1801 27th Street Vero Beach, FL 32960-3388 177 Indian H vo • ' Habitat for Humanity' 4. Team Member Qualifications Gifford Family Housing Project Proposal Trevor Loomis Trevor has been President and CEO of Indian River Habitat for Humanity since December 2021. Prior to IRHFH, he was Director of Homebuyer Services at Habitat for Humanity of Metro Louisville in Louisville, KY. During his tenure there, he participated in the planning and development of the Park Springs neighborhood, a 96 -unit, mixed -income subdivision. He also led the redevelopment of the Richmont Terrace neighborhood, working with city planners to transform the neighborhood by replacing a dilapidated multi -family housing project into 36 single-family homeownership units. Trevor is a veteran of the US Army and holds a Master of Arts degree from the University of Louisville, and an MBA from Bellarmine University. Jeff Francisco Jeff grew up in Louisville, KY and graduated with a BS in Marketing from Indiana University's Kelley School of Business. He spent 20 years in his father's food brokerage firm, Frisco Food Service, serving as HR, Sales Manager, CFO, and President. Jeff spent 10 years at the University of Kentucky's College of Education as Director of Development. In that position he managed all the College's construction projects with the University's Physical Plant including a major, full renovation of Dickey Hall. He owned and operated a portfolio of rental houses during his time in Lexington, KY. He has served as Director of Outreach and Impact for Indian River Habitat for Humanity for the past 3 years. Charlie Shain Charlie Shain, Construction Manager for Indian River Habitat for Humanity, has been with our affiliate for 11 years and has led the Construction department for the last two and a half after the retirement of our former Director of Construction. Before graduating into this role, he was a senior field supervisor for the Construction department. He was responsible for making sure safe and sustainable practices and building protocols were met daily on each project while leading volunteers and homebuyers through the rigorous and stringent phases of residential construction. Charlie has been instrumentally involved in overseeing several of our Habitat developments as well as singular spot -lots and home repairs. Charlie is versed in site planning and construction logistics and is a certified Habitat Competent Person through Habitat for Humanity International. 178 %M BV ENGINEERING, INC. Firm Profile MOIA BOWLES VILLAMILAT. & ASSOCIATES 1. Abilities, Capabilities, and Skills MBV Engineering, Inc. has been in business for over 35 years providing civil, structural, and environmental engineering services for both public and private clients. During this time, the firm has developed a reputation for the ability to complete high quality projects on time and within budget. This is a direct reflection of the firm's commitment to the client and of the team's ability to quickly adapt to meet project milestones and budget requirements. Our diverse team ofexperts has the capability to provide complete engineering services throughout all phases of the project. The abilities, capabilities, and skills of all key and support personnel are detailed in the resumes provided. 11. Quality, Availability, Adaptability Over the last 38 years, our clients have grown to expect first-rate deliverables which meet all of the appropriate local, state, and federal regulations, and client specifications. References are available from clients who can attest to the quality of our deliverables and the adaptability our learn has always provided. At MBV Engineering, Inc., we understand that changes of scope are often necessary, particularly in conjunction with permitting activities. Our clients can count on us to provide due diligence regarding agency requests and to identify which modifications are necessary in accordance with the applicable rules and regulations. Because we are a relatively small firm, we have the ability to promptly adapt to changes and the availability to expedite tasking. At MBV Engineering, Inc., we incorporate "value engineering" principles throughout all phases of the project by removing unnecessary expenditures, such as redundant management layers and high overhead costs, thereby increasing the value for our customers. 111. Ethics and Compliance with Laws and Ordinances References are available from clients who will attest to the high ethical standards of our team members. The following is a quote from Mr. Joseph Griffin, the former City Manager for the City of Sebastian about MBV Engineering's work ethics: "1 can report that the City of Sebastian made the right choice in the selection of AMV Engineering. Their attention to detail and work ethic has produced a quality product for the City, thereby enhancing the capability of the airport. Through the inevitable challenges, they have found a wak to keep the interests ofthe City foremast. That quality has proved invaluable to the City in protecting a public asset. On a personal level, it has given me a level of trust not always available in the current market. " In addition, no disciplinary action information exists on the professional engineering; license of licensed personnel. This is a testament to the high -character individuals which make up our firm. Our team is knowledgeable of laws, ordinances, and regulations related to civil and environmental engineering and design. This in-depth knowledge allows us to provide compliant projects quickly and easily, even when last minute changes are required Furthermore, we find it worth noting that we possess a company plane that will make our response time to inspection requests and site -visit requests much faster and allows us to be "on-call" at almost all times. 179 I:M BV ENGINEERING, INC. Firm Profile novo 0OWLESVILLAMzna &Assoc Ares IV. Key Personnel MBV Engineering, Inc. currently employs multiple civil professional engineers, a structural professional engineer, certified engineering interns, a planner, a licensed environmental consultant / scientist, multiple construction managers / inspectors, and various other support staff. Resumes are provided for detailed descriptions of personal expertise, previous project experience, professional development, formal education, and certifications for all key personnel. V. Experience with Municipalities In addition, MBV Engineering, Inc. has been working closely with many governmental agencies providing their firms with multi -faceted projects including, but not limited to, civil, environmental, and structural engineering design, project permitting, construction inspection and administration, bid preparation and contract negotiation, and project cost estimating. Our services have been provided for water and wastewater treatment facilities, lift station projects, fire stations, airport projects, bridges, park facilities, roadway and taxiway improvements, and buildings just to name a few. Our firm currently holds consulting contracts with the following agencies: • Florida Governmental Utility Authority - since 2017, renewed 2022 • St. Lucie County - since 2014 • St. Lucie County Schools - since 2015, renewed 2018 • Indian River County Public Works - since 2011, renewed 2017 • Indian River County Utilities - since 2011, renewed 2017 • School District of Indian River County - since 2011, renewed 2014, 2017, and 2021 • Town of Indian River Shores - since 2014, renewed 2019 • Town of Orchid - since 2022 • City of Fellsmere - since 2016 • City of Palm Bay - since 2015 • Brevard County Schools - since 2013 MBV Engineering, Inc. is also a pre -qualified certified small business through the Florida Department of Transportation (FDOT). Our firm Is also registered with SAM (the US Government's System for Award Management) and SBA (the US Small Business Administration) as a certified Small Business, as well as registered with South Florida Water Management District as a small business. We are also certified through Avetta for government contracting. 180 I I M M BV ENGINEERING. INC. Firm Profile MOtA BOWIES VILLAMIZ" 8 ASSOCIATES VI. Awards and Accomplishments MBV Engineering, Inc. is an FDOT pre -qualified, certified small business. Below is a list of awards won by MBV Engineering, Inc. in the last 10 years: • 2017 CareerSource - Best Places to Work • 2016 Indian River Chamber of Commerce -Company of the Year (small) • 2013 American Public Works Association - Florida Chapter Consultant of the Year for Buildings and Grounds a Indian River County Chamber of Commerce Industry Appreciation Awards: o American Icon Brewery - Restoration and Re -Use of Historical Property o Corporate Air Terminal - New Small Construction o Sustainable Kashi - Green Award o Habitat for Humanity Re -Store Expansion - Large Building Renovation Non -Profit a School District of Indian River County's VBHS Citrus Bowl - Government Building Renovation o Boys & Girls Club of Indian River Expansion - New Small Building Construction Non - Profit o Pelican Landing Assisted Living Facility - New Commercial Building o School District of Indian River County's Treasure Coast Elementary School - Large Building Renovation: Government o School District of Indian River County's Adult Education Campus — Small Building Renovation: Government o Sebastian Charter Junior High School — New Construction, Large a Modesitt State Farm Agency — Re -Use of Commercial Property a Boys & Girls Club - New Commercial Building - Non-profit a By the River - New Multi -Family Residential Community o Don's Import Auto Service - New Small Commercial Building o KNEG CPAs - Mid -Size Building Redevelopment o Habitat for Humanity - Green Construction - Residential o Sebastian Professional Center - New Large Conunercial Building o Barker Electric, AIC & Heating - New Commercial Project a Young's Market - Small Building Redevelopment o The New Patio Restaurant - Restoration to Retain Historical Character o Our Lady of Guadalupe Church - Non -Profit Building Redevelopment a Indian River Plaza - Large Project Redevelopment o Vatland Honda - Best Re -Use of Old Property, Large o Pineapple Palm Plaza - Large Project Redevelopment o Trinity Episcopal Church - New Non -Profit Commercial Building o Habitat for Humanity Home Center - New Non -Profit Commercial Building 181 Indian Kirer Gifford Family Housing Project Proposal 14W for Habmiaty' 5. Proposed Development Budget Gifford Family Housing Project Per Unit Construction Budget Based on 3bedl2 bath Category Avg, Cost Total 01 -land Acquisition 0.00 Total 02 -Temp UtilitiestPerm Utilities 1,818.48 Total 03-House/Building Plans 5,801.40 04 -Impact Fees 4,423.00 Total 05 -Site Preparation 5,000.00 Total 07 -Foundation 13,031.69 Total 08-Block/Masonry 0.00 Total 10 -Sewer Tap 2,500.00 Total 13 -Framing 13,612.62 Total 17 -Plumbing 8,307,90 Total 19 -HVAC 9,180.00 Total 22 -Electric 6.094.11 Total 23-Windows/Exterior Doors 4,948.48 Total 27 -Roofing 5,671,22 Total 28 -Exterior Finishes 2,369.09 Total 30 -Insulation 3,976.20 Total 34 -Drywall 7,086.13 Total 37 -Interior Finishes 4,679.56 Total 39 -Cabinets 7,172.64 Total 43 -Flooring 1,043.46 Total 47 -Appliances 2,097.87 Total 49 -Driveway & Sidewalks 2,113.00 Total 53 -Grading 551.00 Total 55 -landscape 3,948.18 Total 57 -Equipment Rentals 2,391.62 60 -Insurance 0.00 63 -Closing costs 4,700.25 65 -Warranty 0.00 Other 1,430.10 Total 123,947.94 20% Contingency 24,789.59 Total Construction Budget per Unit 148,737.53 182 lei 8V ENGINEERING, INC. rICIA b-7W4Ei4ILl"VZAA &A110,:i*TE5 -wwmbveng.com CA OVA Project: Gifford Gardens Subdivisiou Description: Engineer's Probable Opinion of Cost Date: 9111122 Project 1$: 22-0236 PROFESMONAL SERVICES I DESIGN I -I ENI QUANTI'T'Y t-Sl'l PRICE I '101AL Anr-13,,is1'- I I si2,;i;WX)0 S'12,50WY) 2 Protessiorrdl Services- Civil Engineering 565.00(1.000 565.0*00 3 I'Tofessimial Service-- Geotecl-m-wal I 1 S3 5d0 000 $3,50000 Professional Services Total S86,0110.041 MOBILIZATION I GENFICAL CONDITION 'S ITEM I QUANTI[TV 1 -130- 1 UNTF PRICV 104AL \l bt:aalain I LIS 532.50,-, 2 Maint. Of Traffic I 1 S112,5W W 512,50000 3 Cleanng 30 AC S7-500 00 $22.766,87 Suht"U1 W1.166.97 EROSION CON -1`1101. / STORN"VATER POLUUTION PREN LVI 10\ ITEM I QUANTITY I U.NJ F jNl`ITR—JCT EOTA1. LF $325 2 6ravel Constru--tion ErurAnce kincluic I re*t1wid) I -A S4 3U1 f h' 3 Irdet 11ftuction Barrer LA S250.01 183 srrV 1,41 ,itovi mr.N I.-'EARI[INVOIAK !IFV I 0UANTlT`V I UNIT UNII PRICE I TOTAL CY S, I 1 $7o,',w) 3iJ 2 Site Grading 30 AC V1,000 00 $15,17792 3 2'SPI15 Asphalt Coracle (Inc Primccox) 165 1N $17500 S218,975 00 4 6* Compacted Base 1.333 SY $I 150 SIS.333.33 i R- Stabi]MM SUhgrade 1,333 SY S4,SU 56,(0 A) 6 Conc. Sidewalk (-V Width, 3,000 PSI) 646 SY S4&50 531,336.3,0 7 Miami Curb (2* Width) 1,194 LF S118 W 521,49200 8 Sipage & Stiping I LS $5,0001A 55,0M 00 9 Site Lioaing I LS $30,000 (XI S30'000 00 10 Landwape Allowanec I LS S80too0co $80,01000 11 Llec Tram' Pad and UG Connection I LS $115.000 W $25,000 00 12 Cable TV I Phone I Intemet I L19 S5.00000 S5'm 00 Subtotal S340,10193 183 Construction Cost Sublotall S601,640.91 20°!•('onhuycocy 5120,3'.'i.l6 Construction Cost Grand total ,, ;,`.5721;1tr,S.9? Total Project Cost (including soft costs)j Ss07.969 WE i'IILI111:5-PoI:UtI, SfOR.%1N%AII'll ITEM 11 EM (TF:\I O1 v,i1T1 I I N1 UNFI PRIG IO'IAI. I I5" Stumm Pili (AUS V-12 IIP) ?31 1 1 $32 5�; 128,087 50 2 l8" Storm Pipe (ADS N- 12 HP) 410 LF $6750 S27,675 00 3 FDOT Type F Ditch Bottom inlet 2 EA $5,50000 $11,000.00 4 FDOT Type V Gutter Inlet 4 EA $4.50000 $18,000,00 5 Modified FDOT Type F Ditch Bottom Inlet I EA $6,50000 $6,50000 6 Storm Manhole (4` Dia.) I Fal $3,200.00 53,200 00 Sample Point Testing t Certification 1 I.S $3,50000 Subtotal S94,462.50 Construction Cost Sublotall S601,640.91 20°!•('onhuycocy 5120,3'.'i.l6 Construction Cost Grand total ,, ;,`.5721;1tr,S.9? Total Project Cost (including soft costs)j Ss07.969 WE i'IILI111:5-PoI:UtI, 1-IHl.1'ROT1.( m-., ITEM 11 EM Qt I -FI l I I No* I NI -1 PRI(,F 1 1,01 Al: i 8" Water Main $38.00 LF til' S 11,575 (io 2 518" Single Meter Service 2 FA $1,10000 $2.20000 3 518" Double Meter Service 6 EA $1,80aw S10,80000 4 Fire Hydrant Assembly and Fittings I EA S3,00000 $3,000.00 5 8"x8" Tapping Sleeve & Valve (includes Connection Cost) I EA $6,50000 $6,50(100 6 8" Gate Valve 2 EA 51 500 00 33,00000 7 Sample Point Testing t Certification 1 I.S $3,50000 $3,50000 Construction Cost Sublotall S601,640.91 20°!•('onhuycocy 5120,3'.'i.l6 Construction Cost Grand total ,, ;,`.5721;1tr,S.9? Total Project Cost (including soft costs)j Ss07.969 WE I'III,II'iF5- I N14N SEWER ITEM 01 \MITI I IN IT UN IT PRICE TO] Al 1 , >,:nta-. Gra.it4 irr.ic:: Linc »: Li. $38.00 S15.1-.,�"a• 2 Sanitary Manhu'=.c (4' Dia) 3 EA $3,50000 S 10.500 00 3 Single Gravity Service (wl c!canout) 2 IF 51,300.00 32,600.00 4 Double Gravity Service(wlcleanout) 6 LF $1,95000 $11,70000 5 Connect to Fxistirg Sanitary Main 1 LS $2.500 0(1 $2,500 00 Construction Cost Sublotall S601,640.91 20°!•('onhuycocy 5120,3'.'i.l6 Construction Cost Grand total ,, ;,`.5721;1tr,S.9? Total Project Cost (including soft costs)j Ss07.969 WE ii;Ciati F:ivc-, HARMGifford Family Housing Project Proposal ~ for Humanityx 6. Proposed All-inclusive sales prices of homes Final sales price will be based upon an independent, third -party appraisal. Homebuyers will receive an interest-free mortgage based upon the cost of land, development, and materials. SHIP funding and an interest-free, forgivable mortgage are used to make up the difference between first mortgage amount and appraised value. This allows the homes to be sold without profit while still preserving surrounding property values. Proposed all-inclusive sales price based on production of 14 units as budgeted in this proposal is $206,449. Concessions on the site plan that may allow for a greater yield will significantly reduce the price per unit. if the actual cost per unit is greater or less than this projection, actual sales price will be based upon actual costs. First mortgage amount will be based on the total of construction costs plus development cost in excess of the available $500,000 subsidy. 185 cava •wonuaa assn.. o' 1=1.1-1 C. -- .iwooeanw— fn !MIA 3a;gra L ®a)a BL[f/ Y7 �NRp3NP�M3 NILLl115Na� � _ _ sro s�rgossr a mwrna owe row NOISIA109(1S -iVnl d3ONOO w�°g jc$la1Y2s`7NIJNM33N1DN3 NUSINCIOnSSNgamvEE)amojjlJ aM. ASWE5 8 g i g A �8 2e Q 2��Ap zl Jill bb 33 1 >3 � �.� s ax yxxxi x ixe ii w t tl;<slE= •a �¢ �# Z y: `sedo a ss� h a ayi � �c E Il$ar£ 1 1 I 1 a I � I 1 {1 1 pl 1 1 r u. -1 r -1 I I 3 I I I I 1 1 I I I I I I I I I --J L --J z a' c. V6 r I : I L --J ,! i L L_—J � I I I I I I p j I L --J ! L --J i j Iii i II I I I d :�7 Is oll L_L u J_ I I L w J_J W V cwccw nnc g � �L IAt. cuhwni..wrM.na...e.wr...—.n....�+-�ru.r�..w....+..+wa..ae.m.•c.. w+••s wr..wawrn.iw.en c,.•.zw.w+� wrt 1-wron tws .�u�r411 Ira lo its ,. it, �i �ti itt sit iii ;fit t �+ i , g i j r =� ;4�} �� ( !��# #, i:Si } rsl2 _ iii �c,• � 11 ' s t i e + r : ���t a fIf i � Ru4 yy Ira lo its ,. it, �i �ti itt sit iii ;fit t �+ i RIN , g i j r =� i } H i:Si } rsl2 + N T-1. �ii tell fIf RIN ? 1 ! 117010th Court SW- Habitat T # .py6..pY•JprmpwYl.K'Lrfi�p PiM. w... to `� _ — �. "; "Mills. Short Associates -- -- _. A ...1 ! ONEIULlgRYI OELO.PA?}e.E`(RSI MTA4� •'�`•�' �' aK MTi.R :d. Y... ��wt1...r_. C .......... � au..e «...s....���. .r+. a-.. -;- Win J pe� +T+ i ? 1 ! 117010th Court SW- Habitat T # .py6..pY•JprmpwYl.K'Lrfi�p PiM. w... to `� _ — �. "; "Mills. Short Associates -- -- _. A ...1 ! ONEIULlgRYI OELO.PA?}e.E`(RSI MTA4� •'�`•�' �' aK MTi.R :d. Y... ��wt1...r_. C .......... � au..e «...s....���. .r+. a-.. -;- Win ae. rr.-.�..-«.va.ew,m,�.,o,a�.ra...a,.m...�rr�ceuwre.w....�wa.n.fw.m.:e.uWi:�mem e.�eswaaa::m�m,wrawwsM owe. a:mtma nw ::.�wi: • T ri� ' o ( t � itlf�� .p 1 1 '•} i y _ t u 1 IFR 10 qj if t is I M-1 #.t , IN al w !;t 1 1170 10th Court S'W - Hab tat M �..wf.m-�wrmn. w.n.:ca�c.r..•www z Mills Short P_ Associates N u :mtw�citwtn.rwMwnry A,w fixrtrnwr+6 RAa.a .+a C!• v.wr� ...wm.vwv>,e. .., a.tr ....�.vw 10 ■■ E@ . � � � � � � It Cy '....& i % W1.2 - 190 • JIM Muk 11 11111M, , '! ri 1W It'll' I'M 0, 01 Mills, Short Associates Indian Hi.r .1111p• • HARM my for Nuinanity' 9. Planned Homebuilders that Will Be Used Gifford Family Housing Project Proposal Indian River Habitat intends to build all 14 units using internal staff and volunteer labor. IRHFH utilizes various subcontractors for certain phases of construction while maintaining staff oversight of the entire construction process. 10. Proposed Funding Sources In addition to the $500,000 subsidy attached to this proposal for the completion of necessary infrastructure, funding for the remainder of the project will be completed using cash on hand. At the time of this proposal, IRHFH has $4.2 million cash on hand, and an additional 52.75 million available in lines of credit. 11. Project Timeline Development Agreement and Site Control TBD Engineering, Design, Infrastructure planning and permitting 6-12 months Clearing and infrastructure 6-12 months Construction of Homes 12-18 months 12. Construction Schedule for Homes Once clearing and infrastructure are complete, construction of all 14 units will commence over the course of 12-18 months. Each unit will require 4-5 months to complete, depending on the supply chain and availability of subcontractors. IRHFH builds multiple houses concurrently, starting and finishing between 12-20 new homes each year. in Indian River �• ' • Habitat for Humanity' 13. Samples from Completed Projects Grace Woods Subdivision Vero Beach, FL 32962 t Gifford Family Housing Project Proposal Grace Pines Subdivision Gifford, FL 32967 Grace Meadows Subdivision Fellsmere, FL 32948 192 nIndian River • Habitat for Humanity" Grace Grove Subdivision, Gifford, FL 32967 Gifford Family Housing Project Proposal 2332 Waterside Ln SW 2317 Waterside Ln SW Vero Beach, FL 32962 Vero Beach, FL 329 193 2022054 RFP For Gifford Family Housing Development PROPOSER INFORMATION Communications concerning this proposal shall be addressed to: Company Name (bl ► Q� �� .. Rl' 4,d Fv.. t Jw•rrt . '� Tax ID Number ��� - U Z3 C) C) l W-9 Attached Contact Name lfeve Lvor+ti: S Phone ? 7 Z - S-1- Z - 666) Title ; t.-� a..` � CEO Email f f oora;s ��Ycha Address ys�, IV V flL UQ✓a 2c+G —L Z C ? The following addenda are hereby acknowledged: Addendum Number Date I z�zz— Page 14 of 21 194 a,1 w-9 Request for Taxpayer Clive Form to the Form Pov,october2018) Identification Number and Certification requester. Do not Qapar(tr:erttcttherreaauFy send to the IRS. (niarrmt Rtaromts 11 ► Go to www.frs.gov/FonnW9 for Instructions and the latest Information.e 1 Name (as shown on your Income lax return). Name Is required on this One; do not leave this fine blank. Indian River -County Habitat for Humanity, Inc. 2 Business narne/d oregarded entity name, It dltforent from above Indian River Habitat for Humanity 3 Check'—'— epproprlatebox for federal tax classification of the parson whose name is entered on fine 1. Check only one of the ' 4 Exemptlana (codas app y only to fofioWng seven boxes. oertaln entities, not ndfwduals; see Instructions on page 3): ❑ Indlvlduai/soie proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ TrusVestate eh single -member Lt.0 Exempt payee code (if arty) 9 ❑ Limited liability company. Enter the tax clasflflcatlon (CC corporation, S=S corporation, P-parUterft) ► p Nota Chock the appropriate box In the Ono above for the tax dassktcatton o/ the stngte•member. owner. Do nctcfi9ck Exemption from FATCAreporting LLC If the CLC Is classified as a single member LLC that is disregarded (torn the owner Wass the owner of the t, c Is code (It any) anclhe r CCG tlat to not dfs(cigarcred lyam the owner for U.S. tadaiti tau pittpML 00MV4w, 8 tflr40-metitbtir CLC tint ° V21 la disregarded from the owner should chock the oppropdato box forshe tax classification of Its owner. other (sac Inatructlons)Do- Non -Profit 6M (c)(3) tM s+roecca urmunansealad rheas.) 6 Address (numbep Wool. and apt. or saile no.) SestirmVuedore. P.equosti is tame orad address (eptla�s q 4568 N_US Hwy 1 e City. aceta and ZIP code Vero Beach FL 32967 T Lbtaa(untnumI*s)heto(optlatoge Taxpayer identification Number (TIN) Enter your TIN In the appropriate box, The TIN provided must match tiro name given on lite 1 to avoid social wcurtty number backup withholding. For Individuals,or,oris lids Is your securructions number ISSN). everr,other f� a en resident ailed, sole proprietor, a disregarded entfty, sae the instructions for Pert I, later. for other d entillyty, a Inst For 1 1 1 entities, It Is your employer identification nutitber (EIN). if you do not have a number, see How to yet a Tuy, later, or Note: If the account Is In more than one name, see the Instructions for line 1. Also see WhatNsmeand Enstpioya taenuficaIlan number Number To Give the Requester for guidelines on whose number to enter. i s — 0 2 3 0 0 � 5 Under penalties of per)ury, I certify that 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to met and 2-d am not subject to backup wlthhotding because: (a) I am exempt from backup withholding, or (b) i have not been notified by the Internal Revenues Service (IRS) that i am subject to backup withholding as a result of a failure to report all interest or dfVdends, or (c) the IRS has notified me that i am no longer subject to backup withholding; and 3.A am a U.S. citizen or other U.S. person (deflned below( and 4. The FATCA coda(s) entered on this form (if any) indicating that I am exempt from FATCA reporting Is co rect to Certificaticn instructions. You must cross out Item 2 above if you have been notified by the iRS that you are currer5y subject to backup withholding because you have fated to report at Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the corlification, but you must provide yourcorrect TYV. See the Instructions for Part It tater. vrVr rI Signature of p �1 , , Date► c�/ r7 /0 0,-0, Here U.S. arson► .� General instructions Section references are to the Internal Revenue Code unless otherwise rioted Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.Irs goy/FormW9. Purpose of Form An Individual or entity (Form W-9 requester) who Is required to file an Information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer Identification number (ITIN), adoption taxpayer IdentHlcation number (ATiN), or employer identification number (EIN), to report an an Information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. •d=orm 1099 -INT (Interest earned or paid) • Form 1099-DiV (dividends, Including those from stocks or mutual funds) •fForm 1099-MiSC (various types of income, prizes, awards, or gross proceeds) •EForm 1099-B (stock or mutual hind safes and certain other transactions by brokers) •eForm 1099-S (proceeds from real estate transactions) •Torm 1099-K (merchant card and third party network transactions) .tForm 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) •eForrn 1089-C (canceled debt) •fform 1099-A (acquisition or ebandonment of seared property) Use Form W-9 only if you ara.a U.S. person (Including a resident Wien), to provide /cur correct TIS;. Ifyou do not return Form W-9 to the requester with a TIN, you might be subject to backup wlthhofding. See What Is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) 195 2022054 RFP For Gifford Family Housing Development SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2022054 for Gifford Family Housing Development This sworn statement is submitted by: ! yjk t="'� V—t (L _J k� �u k `-" 4) (Name of entity submitting Statement) whose business address is: 11,vtj 1 gcHG� -L 3 -z -,q t and its Federal Employer Identification Number (FEIN) is My name is f tvy Dy, ,a . L ock—. S (Please print name of individual signing) and my relationship to the entity named above is ae S, dp,l CLC) I understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister- in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6, Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the Page 15 of 21 M. 2022054 RFP For Gifford Family Housing Development entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate Name of County Commissioner Relationship or entity or employee (Signature) 'Za LZ -- (Date) STATE OF r / ZVV4 G'X COUNTY OF _L!)(� Alt, Sworn to (or affirmed) and subscribed before me by means of &� physical presence or ❑ online notarization, this 1.3 day of S "0,e20,)a, by'�,r dpr (name of person making statement). (Signature of Notary Pu - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) EIBA CRUZ Ot11Z bYwho is personally known to me or ❑ who has produced MYCOMMMION�tM1003665 as identification. '•y;' S: May 26,2024 Thu Notary Public o lwrilas Page 16 of 21 Web 2022054 RFP For Gifford Family Housing Development CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES (This form MUST be submitted with your response) I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority- owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are 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 s. 215-473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the County may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has 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 it is found to have been engaged in business operations in Cuba or Syria. Name ofRespo ent �y1�ic.v, ':✓y �4a�',(� ,. '`��.. By: `` (Authorized Signature) Title. tt S . A4 F i7 Date: q 1 t ! ZG 2–1— Page17 of 21 2022054 RFP For Gifford Family Housing Development CERTIFICATION REGARDING LOBBYING The undersigned Proposer certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, J►1di6', ce4ifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Proposer understands and agrees t the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. a-- Si ature f Proposer's Authorized Official Iao z J Lv�...:s P:,s•(",,i J ci: Name and Title of Proposer's Authorized Official /3 2.,z Date Page 18 of 21 199 1/4/2023 ZF Tnlw. to'r aaw�umnox I ----J I L I L ----I: L ---JI L ----J: L ---J I L ---J r----1 ; r----1 ; r---- r---� l i---JIL—•--J I l_—.—J I L --- JIL---JIL—a--JIL---J _ C titer LOCATION MAP 00/ 1 14 Single -Family Homes (3 Bedroom / z Bathroom / 1 Car Garage -i,5oo sq.ft) • All-inclusive sales price = $2o6,449 • Construction Schedule: ❑Engineering, Design & Permitting: 6-12 Months ❑Clearing & Infrastructure: 6-12 Months ❑Construction of homes: 12-i8 Months DEPARTMENTAL ITEM BCC Meeting 10-18-22 INDIAN RIVER COUNTY, FLORIDA _ AGENDA ITEM Assistant County Administrator / Department of General Services - - Parks and Recreation Date: October 10, 2022 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Beth Powell, Parks and Recreation Director From: Gustavo Vergara, Parks and Recreation Asst. Director Subject: Permission to Advertise Amending Indian River Code Chapter 205. — Parks and Recreation BACKGROUND: On June 17, 2022, Governor Ron DeSantis amended the Florida Clean Indoor Air Act (FCIAA) by signing House Bill 105 ("HB 105") which allows cities and counties to restrict smoking on City and County -owned public parks, excluding unfiltered cigars. This bill allows counties and municipalities to restrict smoking within public beach and park boundaries under their ownership. Cigarette butts are the predominant pollutant on our coastal beaches. From January 2022 to October 2022, over 22,000 cigarette butts were cleaned up from the Indian River County's beaches. Cleanups like those conducted by the Weekly Wednesday Warriors, International Coastal Cleanup, and quarterly cleanups report cigarette butts, cigarette tips, E cigarettes, and tobacco packaging as the most common pollutant on our beaches. Cigarette butts, particularly the filters, can take anywhere from 18 months to 10 years to degrade. Inland parks and conservation areas are also affected negatively by litter produced from cigarettes and vaping devices. Staff requests that the Board of County Commissioners consider an update the County ordinance for Parks and Recreation which would make park and conservation boundaries smoke free. In order to accomplish this task, Section 205 of the Indian River County Code would have to be amended to make smoking and vaping in parks and conservation areas a prohibited activity. FUNDING: The cost to amend this section of the code will be advertising in the Press Journal, and if approved, replacement signage which is a budgeted item in the General Services — Parks general operating budget. Advertising costs are estimated to be less than $200.00 and funds are budgeted and available from Account # 00121072-034910 General Services/Parks/Legal Ads. RECOMMENDATION: 200 Staff recommends the Board approve advertisement of the amendment to the IRC Code to prohibit smoking and vaping (excluding unfiltered cigars) in public parks and beaches. A Public Hearing on the amendment will be held before the Board of County Commissioners on November 1, 2022. Approved Agenda Item for October 18, 2022. 201 ,qF// Departmental Item Indian River County, Florida Department of Utility Services Board Memorandum Date: September 30, 2021 To: Jason E. Brown, County Administrator From: Sean Lieske, Director of Utility Services Subject: Recommendation for Mandatory Connections Background/Analysis: During the August 16, 2022, Board of County Commissioners (BCC) meeting, Commissioner O'Bryan, along with support from the rest of the Commissioners, instructed the Indian River County Department of Utility Services (IRCDUS) to provide the Commission with recommendations on a policy related to mandatory sewer connections following the installation of sanitary sewer infrastructure associated with septic to sewer (S2S) projects. While county ordinances include specifics surrounding connections to public sanitary sewer, they have often not been consistently enforced and are not clear in the expectations related to mandatory connections following S2S conversion projects. During a Commission meeting on November 13, 2018, staff recommended the Commission adopt the following septic to sewer polity: 1. Require benefiting property owners to pay a minimum of 20% of project costs 2. Solicit alternative funding options, which include various grants, to cover the remaining project costs 3. Use Optional Sales Tax dollars as needed, not to exceed 25% for both construction cost and impact fees 4. Establish a S2S financing interest rate to be the greater of the maximum of either 2% or half of the current BCC approved rate. (At the time, the current rate was 5% so the S2S rate was 2.5%) 5. Extend the amortization period from 10 years up to a 20 -year term and direct staff to work with the Indian River County Tax Collector (IRCTC) to add the annual assessment fee to the property tax bill in order to ensure a more consistent reimbursement cash flow for the project 6. Offer a S2S impact fee credit of 100% for those property owners who commit to connect to the sewer system before sewer is available to the property. For those property owners that connect within one year from service availability, provide a credit of 50% of the impact fee. (The funding for this currently comes from Optional Sales Tax) 202 Departmental Item The policy was approved by the BCC on November 13, 2018, but with a minor change to item 6. The BCC's directive was to still allow up to three years to connect, but residents would be eligible for the impact fee credit based on a sliding scale of 100% prior to sewer being available, 75% in year one, 50% in year two and 0% if they waited to connect after three years. The following is an excerpt from the BCC Meeting minutes: A motion was made by Vice Chairman Solari, seconded by Commissioner Flescher, to approve staffs recommendations one (1) through five (5). Recommendation number six (6) was approved with the following modification: Offer a Septic to Sewer impact fee credit of 100% for those property owners who commit to connect to the sewer system before sewer is available to the property. For those property owners that connect within one year from service availability, provide a credit of 75% of the impact fee. For those property owners that connect within two years from service availability, provide a credit of 50% of the impact fee. There would be no credit (0%) for property owners who connect after the second year of availability, with mandatory hookup required by year three. While many of these policy decisions have been followed, the policy has been difficult to enforce since County ordinances have not been revised to reflect the policy. IRCDUS has prepared a series of suggestions on what we believe would be necessary to update county ordinances to create more certainty surrounding expectations for sewer lateral and water service line connections following infrastructure installation. IRCDUS would recommend working with the County Attorney's office to consider further development of the following suggestions: 1) Must connect within three years of water/sewer becoming available. This could also be either one or two years, depending upon the determination of the BCC. Note: Current warranty periods we receive from the contractors for the water and sewer mains are one year, so requiring connections within one year would coincide with that warranty period. b. Would need to identify some limit as to what is meant by "availability". Current requirements require connection if the gravity or force main is within 200 feet for single family residential (SFR) homes, % mile for residential land development permits, and % mile for commercial properties within the urban service boundary (USB). This may also need to include verbiage to address accessibility, such as easements and/or right-of-way (ROW) to access property and other factors related to cost and feasibility of connection. c. Recommend amending County Code based on the BCC's preference, which would make it a code violation if a residence did not connect. The code would need to address residents in areas where existing infrastructure has already been installed. Perhaps it would be possible to provide existing customers that meet the distance limitations up to three (3) to five (5) years to connect. This could be done through some form of grandfathering clause. 203 Departmental Item 2) In order to receive sewer service, homeowners must also connect to water. a. Unable to determine sewer usage without the metering of the water on the front end. b. This too would likely require a change to County Code, thereby making it a code violation if they were not to connect to water. 3) Set aside a specified amount of funding in each year's budget to assist with low income/ disadvantaged home owners. The amount would be based on S2S projects that have been completed or are expected to be completed during the fiscal year. The amount would then be approved by the BCC during the budgetary approval process. a. Funding could be anywhere between 0 -100% of sewer and water, depending upon eligibility. For example, the County could provide up to 100% of connection costs for households in the Extremely Low and Very Low income category. This would drop to 75% for household qualified as Low income, and would decrease to 50% for Moderate income households. Above this amount, the property owner would be responsible for 100% of connection costs. b. Eligibility would be based on the formulas within the State Housing Initiative Partnership (SHIP) Program. We could call the program SWIFT (Sewer & Water Infrastructure Funding Tactic). 1 Eligible to Eligible to Eligible to Household receive up to receive up to receive up to Size $20,0N.00 S15,04U.Q0 $10,000.00 Purchase .assistance loan if Purchase Purchase total gross annual income is: Assistance loan Assistance loan if if total gross total gross annual annual income is: I income is: Extremely Lahr Very Law Low Moderate Not to Exceed Not to Not to Exceed Not to Exceed 30°/e of Ml Exceed 800% of MI 1201/6 of MI 50o10 of MI 1 Person 514,650 $24,400 539,000 S58,560 2 Persons $17,240 527,850 $44,600 S66,840 3 Persons $21,720 531,350 550,150 575,240 4 Persons 526,200 534,800 $55,700 $83,520 5 Persons 530,680 $37,600 560,200 590,240 6 Persons 535,160 540.400 564,650 S96,960 7 Persons S39,640 $43,200 $69,100 S103,690 8 Persons 544,120 $45,950 573,550 S110,290 1 Departmental Item c. Only permanent residents (or homesteaded properties) would be eligible. Landlords/rental properties would be required to cover the entire expense on their own. d. The plan would be to continue to fund this through Optional Sales Tax. This may be problematic if sewer were to be installed within a low-income community as enough funding may not be available. 4) Cost of connections could be paid through the tax roll, with a 10— 20 -year payoff, depending upon the amount needing to be financed. a. Consider 10 years interest free. If elect to finance for greater than 10 years, consider requiring interest to be accrued as part of the payoff. b. Cost of connection would run with the house. c. Must be paid in full at sale of house, unless new owner agrees to continue the debt payments. S) Require that once connected to County water, not allowed to return to well water. a. This would require a change to County code, thereby making it a code violation if they were to reconnect to well water. b. Since we do not shut off sewer, we need a way to hold citizens accountable for their water bill, especially when/if we have to cut off the water for no payment. Note: Current code technically requires metering of private wells if a location is only connected to sewer, however, this can be problematic since wells are considered private property. c. Could be tied to a cross -connection ordinance. Connecting their household plumbing to well water when they are also connected to County water creates a cross -connection unless properly protected. County code at Section 201.32 addresses illegal cross -connections Funding: No funding is required at this time, but if we were to move forward with these proposals, we would anticipate funding for the SWIFT program would come from Optional Sales Tax. Recommendation: Staff recommends the Board of County Commissions instruct the Indian River County Department of Utility Services work with the County Attorney's office, Budget Office and the Tax Collector's Office to evaluate these options and bring forth proposed changes to County Code in accordance with the appropriate administrative procedures. Any proposed ordinance changes would be accompanied by a corresponding guidance document to assist staff and citizens with understanding the requirements. 205 SEPTIC TO SEWER (S2S) MANDATORY CONNECTIONS BOARD OF COUNTY COMMISSIONERS MEETING OCTOBER 18, 2022 DISCUSSION ITEM CURRENT POLICY • Require benefiting property owners to pay a minimum of 20% of project costs • Solicit alternative funding options, which include various grants, to cover the remaining project costs • Use optional sales tax dollars as needed, not to exceed 25% for both construction cost and impact fees • Establish a S2S financing interest rate to be the greater of the maximum of either 2% or half of the current BCC approved rate. (At the time, the current rate was 5%, so the S2S rate was 2.5%) 1/4/2023 90'-1 CURRENT POLICY • Extend the amortization period from 10 years up to a 20 -year term and direct staff to work with the Indian River County Tax Collector to add the annual assessment fee to the property tax bill in order to assure a more consistent reimbursement cash flow for the project • Offer a S2S impact fee credit of 100% for those property owners who commit to connect to the sewer system before sewer is available to the property. For those property owners that connect within one (1) year from service availability, provide a credit of 75% of the impact fee. For property owners that connect within two (2) years from service availability, provide a credit of 50% of the impact fee. (The funding for this currently comes from optional sales tax) OPTIONAL SALES TAX FUNDING Septic to Sewer Optional Sales Tax Transfer Out to fund 472 Year North Sebastian Septic to Sewer Phase I 1 Used FY 18/19 Budgeted FY 19/20 2 Used FY 19/20 Budgeted FY 20/21 3 Used FY 20/21 Budgeted FY 21/22 $251,640 ($111,840) $139,800 ($30,196) $109,604 ($14,539) $95,065 1/4/2023 D,5 - 2 M Locaoons orScpi< •Inn in huli.m Ri— (Qnum i FoR 11 ? IDEAS TO CONSIDER ? • Time limit to connect? M • Availability? ✓ "Available," as applied to a publicly owned or investor-owned sewerage system, means that the publicly -owned or investor-owned sewerage system is capable of being connected to the plumbing of an establishment or residence, is not under a Department of Environmental Protection moratorium, and has adequate permitted capacity to accept the sewage to be generated by the establishment or residence-, and: ✓ For a residential subdivision lot, a single-family residence, or an establishment, any of which has an estimated sewage flow of 1,000 gallons per day or less, a gravity sewer line to maintain gravity flow from the property's drain to the sewer line, or a low pressure or vacuum sewage collection line in those areas approved' for low pressure or vacuum sewage collection, exists in a public easement or right-of-way that abuts the property line of the lot, residence, or establishment. ✓ Grandfathering for existing locations 1/4/2023 p6 — 3 ? IDEAS TO CONSIDER ? • Must already be connected or must connect to water? • Funding for Disadvantaged homeowners ✓ SWIFT (Sewer & Water Infrastructure Funding Tactic) ✓ Based on SHIP program ? IDEAS TO CONSIDER ? • Financing Mechanism? ✓ Non -Ad Valorem Tax Roll ✓ 10 -Year interest free; 15 Year (1,5%); 20 Year (3%) • Limitations on use of well water if/once connected to County water ✓ Irrigation only ✓ X -Connection violation if connected to both (Currently in County Code §201.32) 1/4/2023 Eligible to Eligibic to Eligible to Household c uP to cup to c up to $ixe $20,000.00 515,000.00 $10,000.00 Purchase Assismnce loan if Purchase Punhase total Kross annual inrnme is: Assistance loan Assistance lone if if total gross ual in m total gross wnnual Extremely Low Very Low Low Moderate Not toExceed Not to Not to Exceed Not to Exceed 30.of Ml E,c,£d_ 80%.fml 120%of Ml 50%af Mi I Pcrsan 514,650 $24,400 $39,000 558,560 2 Persons 517,240 $27,850 544.600 $66,840 3 Persons 521,720 531,350 550,150 575,240 4 Persons 526,200 $34,800 555,700 583,520 5 Persans 530,680 537,600 $60,200 $90,240 6 Persons 535,160 540,400 564,650$96,960 7 Persons $39,640 $43,200 569,100 5103,680 8 Persans 544,120 $45,950 573.550 5110.280 ? IDEAS TO CONSIDER ? • Financing Mechanism? ✓ Non -Ad Valorem Tax Roll ✓ 10 -Year interest free; 15 Year (1,5%); 20 Year (3%) • Limitations on use of well water if/once connected to County water ✓ Irrigation only ✓ X -Connection violation if connected to both (Currently in County Code §201.32) 1/4/2023 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney 13A County Attorney's Matters - B. C C 10. 18.22 Oce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: October 7, 2022 ATTORNEY SUBJECT: Client Session Relating to INDIAN RIVER COUNTY v. TWENTY-TWO BEACHFRONT PROPERTIES LOCATED BETWEEN, AND INCLUDING, 9586 DOUBLOON DR., AND, BUT NOT INCLUDING, 1820 WABASSO BEACH RD., VERO BEACH, FLORIDA, 32963 (Case No.: 312018 CA 00088 1) (Time Certain 10:30 am) BACKGROUND. An attorney-client session with the Board of County Commissioners regarding settlement negotiations and/or strategy related to litigation expenditures in the litigation of INDIAN RIVER COUNTY v. TWENTY-TWO BEACHFRONT PROPERTIES LOCATED BETWEEN, AND INCLUDING, 9586 DOUBLOON DR., AND, BUT NOT INCLUDING, 1820 WABASSO BEACH RD., VERO BEACH, FLORIDA, 32963 (Case No.: 312018 CA 000881) is scheduled for 10:30 am during the regular Meeting of the Indian River County Board of County Commissioners on Tuesday, October 18, 2022. The estimated time of the attorney-client session is forty-five minutes and will be held in the County Commissioners' Conference Room located on the second floor of Building A of the County Administration Complex, 1801 27th Street, Vero Beach, Florida. In attendance will be Commissioners Peter D. O'Bryan (Chair), Joe Earman (Vice -Chair), Joseph E. Flescher, Susan Adams and Laura Moss. Also present will be County Attorney Dylan Reingold, outside counsel Paul Berg, County Administrator Jason E. Brown and a certified court reporter. Once the attorney-client session is completed, the regular Board of County Commissioners meeting will reconvene in the County Commission Chambers. C: IGranic LeVvar31L31Temp VWa6ftd-2Jj24_W-M33-7a#c313fle d= 206 1 2 3 ►i 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INDIAN RIVER COUNTY vs TWENTY-TWO BEACHFRONT PROPERTIES, ET AL. Attorney -Client Session on 10/18/2022 IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY STATE OF FLORIDA CASE NO.: 31 2018 CA 000881 INDIAN RIVER COUNTY, Plaintiff, Vs. TWENTY-TWO BEACHFRONT PROPERTIES LOCATED BETWEEN, AND INCLUDING, 9586 DOUBLOON DR., AND, BUT NOT INCLUDING, 1820 WABASSO BEACH RD., VERO BEACH, FLORIDA 32963, Defendants. BOARD OF COUNTY COMMISSIONERS ATTORNEY-CLIENT SESSION C o eco DATE: October 18, 2022 TIME: 10:30 a.m. 11:57 a.m. PLACE: County Administration Complex County Commission Chambers 1801 27th Street Vero Beach, FL 32960 REPORTER: SUZANNE K. BADLEY, a Notary Public of the State of Florida at Large www.huseby.com Huseby Global Litigation 800-333-2082 69a� -/ i INDIAN RIVER COUNTY vs TWENTY-TWO BEACHFRONT PROPERTIES, ET AL. Attorney -Client Session on 10/18/2022 Page 2 1 APPEARANCES: PETER D. O'BRYAN, COMMISSION CHAIRMAN JOE EARMAN, COMMISSION VICE CHAIRMAN 2 JOE FLESCHER, COMMISSIONER SUSAN ADAMS, COMMISSIONER 3 LAURA MOSS, COMMISSIONER of 5 ALSO PRESENT: PAUL BERG, ESQ, OUTSIDE COUNSEL DYLAN REINGOLD, COUNTY ATTORNEY 6 JASON E. BROWN, COUNTY ADMINISTRATOR 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 www.huseby.com Huseby Global Litigation 800-333-2082 '%1� ��- y INDIAN RIVER COUNTY vs TWENTY-TWO BEACHFRONT PROPERTIES, ET AL. Attorney -Client Session on 10/18/2022 Page 3 1 INDEX 2 3 4 5 PAGE PROCEEDINGS 4 6 7 Confidential pages 6-69 8 9 Reporter's Certificate 71 10 11 12 EXHIBITS 13 —NONE - 14 15 16 17 18 19 20 21 22 23 24 25 www.huseby.com Huseby Global Litigation 800-333-2082 pl, -3 INDIAN RIVER COUNTY vs TWENTY-TWO BEACHFRONT PROPERTIES, ET AL. Attorney -Client Session on 10/18/2022 Page 4 2 (Previous discussions in open chambers not 3 reported by court reporter.) 4 (10:32 a.m. in open chambers.) 5 CHAIRMAN O'BRYAN: The attorney-client 6 session will commence regarding settlement 7 negotiations and/or strategy sessions related 8 to litigation expenditures in the litigation 9 of Indian River County versus Twenty -Two 10 Beachfront Properties Located Between, And 11 Including, 9586 Doubloon Drive, and, but not 12 Including, 1820 Wabasso Beach Road, 13 Vero Beach, Florida 32963, pending in the 14 Circuit Court of the Nineteenth Judicial 15 Court In and For Indian River County, 16 Florida. That's Case No. 31 2018 CA 000881. 17 It is estimated that the attorney-client 18 session will last 45 minutes, and it will be 19 held in the County Commissioner's Conference 20 Room located on the second floor of this 21 building. 22 Attending the attorney-client session 23 will be Commissioners Joe Earman, the 24 Vice Chairman, Joseph E. Flescher, 25 Susan Adams, Laura Moss, and me, www.huseby.com Huseby Global Litigation 800-333-2082 INDIAN RIVER COUNTY vs TWENTY-TWO BEACHFRONT PROPERTIES, ET AL. Attorney -Client Session on 10/18/2022 Page 5 1 Peter D. O'Bryan, Chairman. Also present 2 will be Paul Berg, outside counsel, 3 County Attorney Dylan Reingold, 4 County Administrator Jason E. Brown, and a 5 certified court reporter. 6 At this time we will ask that those 7 attending the attorney-client session please 8 go to the County Commissioner's Conference 9 Room. 10 At the conclusion of the attorney-client 11 session the meeting will be reopened. 12 (Public session closed at 10:33 a.m.) 13 (Attorney-client session commenced at 14 10:43 in County Commission Conference Room.) 15 (Confidential testimony begins.) 16 17 18 19 20 21 22 23 24 25 www.huseby.com Huseby Global Litigation 800-333-2082 , to -5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INDIAN RIVER COUNTY vs TWENTY-TWO BEACHFRONT PROPERTIES, ET AL. Attorney -Client Session on 10/18/2022 Page 70 (Confidential testimony ends.) (Attorney-client session concluded at 11:50 a.m.) (Back in open chambers at 11:52 a.m.) CHAIRMAN O'BRYAN: The time is now 11:57 a.m. The attorney-client session has terminated, and we are back in our regular meeting. (Concluded at 11:57 a.m.) www.huseby.com Huseby Global Litigation 800-333-2082 AOGo �� INDIAN RIVER COUNTY vs TWENTY-TWO BEACHFRONT PROPERTIES, ET AL. Attorney -Client Session on 10/18/2022 Page 71 1 STATE OF FLORIDA ) :SS 2 COUNTY OF INDIAN RIVER ) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S CERTIFICATE I, SUZANNE K. BADLEY, a Shorthand Reporter, certify that the foregoing hearing was stenographically reported by me and is a true and accurate transcription of said hearing. I certify further I am neither attorney nor counsel for, nor related to, nor employed by any of the parties to the action in which the hearing is taken and, further, that I am not a relative or an employee of any attorney or counsel employed in this case, nor am I financially interested in the outcome of this action. Dated this 21st day of November, 2022. www.huseby.com Suzanne K. Badley Huseby Global Litigation 800-333-2082 A-1 IS61 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: October 7, 2022 To: Jason E. Brown, County Administrator From: Sean E. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Eighteenth Amendment to Republic Services Descriptions and Conditions: On November 16, 2010, the Solid Waste Disposal District (SWDD) Board authorized the Solid Waste Operations and Maintenance Agreement with Republic Services of Florida, Limited Partnership (Republic Services). The agreement is for the operation and maintenance of the county's Class 1 landfill as well as non -Class 1 landfill services. Per a contract extension by the SWDD Board on February 21, 2017, the agreement is valid through December 31, 2024. Due to Hurricane Ian, a Declaration of the State of Emergency was issued by the Governor of Florida for Indian River County on September 23, 2022, followed by a State of Emergency for Indian River County declared by the County Administrator on September 26, 2022. On September 30, 2022, Republic Services provided the attached Hurricane Preparedness Plan (Plan) for the 2022 Hurricane Season to allow a seamless disposal of storm debris at the landfill and the customer convenience centers (CCCs) with the least amount of effect on the residents of Indian River County. The plan is incorporated as the Eighteenth Amendment to Republic Services. Although the landfill and the CCCs were closed on Wednesday, September 28, 2022, and Thursday, September 29, 2022, during Hurricane Ian, the landfill was re -opened at 7 am on Friday, September 30, 2022, and all five CCCs were opened at noon on Friday, September 30, 2022. Analysis: The following is a summary of services and costs from Republic Service for the Hurricane Preparedness Plan for the 2022 Hurricane Season: • Landfill Operations and Maintenance — It is expected that there will be a significant volume increase for disposal into the Indian River County landfill as a result of the post storm cleanup activities. Republic Services has acknowledged that the current tipping fee of $14.19 per ton (valid thru December 31, 2022) is sufficient to cover the additional operational and maintenance costs for the landfill utilizing existing equipment. The amendment does include SWDD providing reimbursement for mobilization and rental of equipment that is currently not part of routine operations. The SWDD Agenda - Eighteen Amendment to Republic Services Page2W SWDD Item amendment also allows for reimbursement to cover additional costs associated with extra materials for road maintenance as well as costs for pumping excessive leachate. • Customer Convenience Centers — A provision is included in the amendment to allow for extending the days/hours of operations of the CCCs at a cost of $47.23 per hour per person. This rate only applies for labor hours that are outside of the normal operating hours, i.e., opening a center when it is normally closed or extending the hours of operations. Republic Services will utilize all of their current resources for the cleanup; however, there is a provision for Republic Services to utilize third - party services to expedite the cleanup. The reimbursement for CCC operations pre- or post -storm is based on the cost for hauling additional volume from the CCCs to the IRC landfill. This rate is set at $20 per cubic yard; however, there is language in the plan to allow rate negotiations if market conditions are impacted by the storm event. Funding: Funding for the SWDD non -Class 1 landfill services is budgeted and available in the SWDD/CC & Recycling/Other Contractual Services, account number 41125534-033490-22601, which is funded from SWDD assessments and user fees. A special account has been setup to track specific hurricane expenses for Hurricane Ian. Description Account Number Amount Hurricane SWDD/CC & Recycling/Other Contractual Services 41125534-033490-22601 Expenses - To Be Determined Recommendation: Solid Waste Disposal District staff recommends that its Board approve the Eighteenth Amendment to Republic Services to provide additional services for the non -Class 1 landfill services in response to Hurricane Ian; approve these rates for any future potential 2022 hurricanes; and, authorize the Chairman to execute the same, as presented. Attachment: 1) Eighteenth Amendment to Republic Services SWDD Agenda - Eighteen Amendment to Republic Services Page208 EIGHTEENTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE THIS EIGHTEENTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE ("Eighteenth Amendment") is entered into as of the day of October, 2022 by and between Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida, whose address is 1801 27th Street, Vero Beach, Florida (hereinafter referred to as the "District' or "SWDD"), and Republic Services of Florida, Limited Partnership, whose address is 3905 Oslo Road, Vero Beach, Florida 32968 (the "Contractor"). RECITALS WHEREAS, on January 1, 2011, SWDD and Contractor entered into that certain Contract Agreement Indian River County Solid Waste Disposal District Indian River County, Florida Solid Waste Operations and Maintenance, as amended by the First Amendment to Contract Agreement, dated February 7, 2012; the Second Amendment to Contract Agreement, dated April 2, 2013; the Third Amendment to Contract Agreement, dated November 12, 2013; the Fourth Amendment to Contract Agreement, dated July 8, 2014; the Fifth Amendment to Contract Agreement, dated November 4, 2014; the Sixth Amendment to Contract Agreement, dated January 20, 2015; the Seventh Amendment to Contract Agreement, dated May 17, 2016; the Eight Amendment to Contract Agreement, dated December 15, 2016; the Ninth Amendment and Extension to Contract Agreement, dated February 21, 2017; the Tenth Amendment to Contract Agreement, dated September 12, 2017; and the Eleventh Amendment to Contract Agreement, dated September 18, 2018; the Twelfth Amendment to Contract Agreement, dated September 10, 2019; and the Thirteenth Amendment to Contract Agreement, dated March 3, 2020; and the Fourteenth Amendment to Contract Agreement, dated July 14, 2020; and the Fifteenth Amendment to Contract Agreement, dated February 16, 2021; the Sixteenth Amendment to Contract Agreement, dated February 1, 2022; and Seventeenth Amendment to Contract Agreement, dated April 5, 2022 (the "Contract") for the Contractor to operate and maintain the SWDD landfill and customer convenience centers ("CCCs"); and WHEREAS, under the terms of the Contract, the Contractor, at SWDD's request and subject to mutually satisfactory negotiated terms and acceptable compensation, shall provide additional services in connection with the Indian River County Landfill and the customer convenience centers not included above and as required by SWDD; and WHEREAS, the Contractor and SWDD have mutually agreed to revise the Contract as set forth herein. 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: Twelfth Amendment to Contract Page 2n 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. The existing Article 1 — SCOPE OF WORK of the Contract is modified to strike the current Hurricane Preparedness Plan language and replace with the following language: Hurricane Preparedness Plan: Republic Services has provided a Hurricane Preparedness Plan for the 2022 Hurricane Season and is included as an attachment to this amendment. This plan is intended to allow for the seamless disposal of storm debris at the landfill and at the Customer Convenience Centers with the least amount of effect on the residents of Indian River County. Upon declaration of a state of emergency and as duly authorized by the County Administrator, Republic Services shall provide and be compensated for additional services as outlined in the plan. 3. Ratification. Except as specifically provided in this Eighteenth Amendment, all other provisions of the Contract shall remain in full force and effect. (signature page follows] Eighteenth Amendment to Contract Page 240 IN WITNESS WHEREOF, the parties have caused this Eighteenth Amendment to be executed by their respective duly authorized officers as of the day and year first written above. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Date Approved by SWDD: Approved By: (Owner) Solid Waste Disposal District Indian River County, Florida Peter D. O'Bryan, Chairman Approved as to Form and Legal Sufficiency By: Jason E. Brown, County Administrator Dylan Reingold, County Attorney Signed, sealed, and delivered in the presence Republic Services of Florida, Limited Partnership of: ("Contractor") By: Republic Services of Florida GP, Inc., its General Partner Print Name: Print Name: Print Name: Print Title: [remainder of page intentionally left blank] Eighteenth Amendment to Contract Page 2" Js6q�". SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: October 7, 2022 To: Jason E. Brown, County Administrator From: Sean E. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Approval for Continued Off -Site Disposal of Concentrated Leachate Descriptions and Conditions: On June 15, 2021, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board approved issuing purchase orders to Rain for Rent for the rental of the temporary storage tanks for concentrated leachate, and to Aqua Clean for the off-site transportation and disposal of the leachate. Since this time, the landfill has removed over one million gallons of leachate, which has greatly helped in reducing the liquid levels in the gas wells and improved the overall landfill gas quality. This was anticipated to be a short-term effort until the Heartland leachate evaporator was in place; however, it may not be until January 2023 before this system is up and running. Therefore, staff is recommending continued storage, transportation, and disposal of the concentrated leachate from the IRC landfill. Analysis: Staff has been renting two 21,000 -gallon storage tanks from Rain for Rent, including spill containment and miscellaneous equipment for temporary storage, and a pump to remove the concentrated leachate. For the past fiscal year, the total cost to date was $70,217.61. Staff has been using Aqua Clean, Inc., for the transport the concentrated leachate in 6,000 -gallon tanker trucks at a price of $0.11 per gallon and dispose at a permitted treatment facility at a cost of $0.10 per gallon. For the past fiscal year, the total cost to date was $346,482.15. Overall, the total annual cost for this project for the past fiscal year was $416,699.76; however, the costs for the first six months of this fiscal year are estimated to be approximately $210,000. Again, this is temporary leachate treatment until the evaporator system is commissioned and operational. Funding: Funding in the amount of $210,000 for the SWDD leachate treatment will need to come from the SWDD/Landfill/Other Contractual Services account, number 41121734-033490. This is funded from SWDD assessments and user fees. SWDD Agenda - Approval for Off -Site Disposal of Concentrated Leachate Pagenln SWDD Item Description Account Number Amount SWDD/Landfill/Other Contractual Services 41121734-033490 $210,000 Recommendation: Staff recommends approval from the Solid Waste Disposal District Board to waive the requirements for bids and authorize the Purchasing Department to issue purchase orders to Rain for Rent and to Aqua Clean for Fiscal Year 2023 to collect, transport, and dispose of concentrated leachate. SWDD Agenda - Approval for Off -Site Disposal of Concentrated Leachate Page 03