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COUNTY COMMISSIONERS
Joseph H. Earman, District 3, Chairman
Susan Adams, District 1, Vice Chairman
Joseph Flescher, District 2
Deryl Loar, District 4
Laura Moss, District 5
1. CALL TO ORDER
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY FLORIDA
COMMISSION AGENDA
TUESDAY, DECEMBER 6, 2022 - 9:00 AM
Commission Chambers
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
Jason E. Brown, County Administrator
Dylan Reingold, County Attorney
Jeffrey R Smith, Clerk of the Circuit Court and Comptroller
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS
OF THE ARMED FORCES
2.B. INVOCATION
Dr. Wayne Smith, Master's Academy Vero Beach
3. PLEDGE OF ALLEGIANCE
Commissioner Joseph E. Flescher
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
5.A. Presentation of Proclamation Honoring Teresa Hansen on her Retirement from the
Indian River County Sheriffs Office
Attachments: Proclamation
6. APPROVAL OF MINUTES
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION
7.A. Indian River County Venue Event Calendar Review
Attachments: Event Calendar
December 6, 2022 Page 1 of 7
7.B. 2023 Committee Assignments by Commissioner
Attachments: Committee Assignments Memo
8. CONSENT AGENDA
8.A. Central Wastewater Treatment Facility Odor Control Improvements, CCNA Work
Order No. 8 With Atkins
Attachments: Staff Report
Work Order No 8 CWWTF Odor Control Improvements
8.B. Review of the Affordable Housing Advisory Committee 2022 Incentives Review
and Recommendation Report
Attachments: Staff Report
DRAFT 2022 AHAC Report
8.C. Approval of a Public Transportation Grant Agreement (PTGA) with the Florida
Department of Transportation (FDOT) for a Public Transportation Block Grant
Attachments: Staff Report
Resolution
Block Grant - PTGA
Grant Budget Form
8.D. Acceptance and Approval of Modification #1 of Emergency Management Program
Grant (EMPG) Federally -Funded Subgrant Agreement; Agreement Number G0371
Attachments: Staff Report
Modification #1-EMPG
8.E. Annual Resolution Delegating the Authority to the County Administrator or his
designee, to execute Resolutions Calling Letters of Credit as Necessary during a
Declared State of Local Emergency or Declared State of Florida Emergency
Affecting Indian River County
Attachments: Staff Report
Resolution
8.F. Annual Resolution re Delegation of Authority Concerning Declarations of State of
Local Emergencies and to Act in a State Declared Emergency Affecting Indian
River County
Attachments: Staff Report
Delegation of authority for declaration of emergencies
8.G. Appointment to the Economic Opportunities Council of Indian River County, Inc.
Attachments: Staff Report
N. McCurry Approval Letter
December 6, 2022 Page 2 of 7
8.H. Annual Resolution re Signatories
Attachments: Staff Report
2022 RESO annual signatories
Certificate For Facsimile Signature - Chairman Earman
Certificate For Facsimile Signature - Clerk JSmith
8.I. Unincorporated Indian River County Lagoon ArcGIS Nitrogen Load Estimation
Tool (ArcNLET) Model, Tetra Tech, Inc., Work Order No. 12
Attachments: Staff Report
Tetra Tech Inc Work Order No 12
8.1 Acceptance of Land Trust and St. Johns River Water Management District
Conservation Easements
Attachments: Staff Report
Ryall Sebastian SJRWM Conservation Easement
8.K. FY 2021-2022 Records Management Compliance Statements
Attachments: Memo
BOCC Compliance Statement
EMS Compliance Statement
SWDD Compliance Statement
S.L. Resolutions Cancelling Taxes
Attachments: Staff Report
Resolution Cancelling Taxes - IRC Habitat for Humanity
Resolution Cancelling Taxes - 12th St - Sowell
8.M. Central Wastewater Treatment Facility FDEP Permit Renewal
Attachments: Staff Report
MBV Proposal - Work Order #27
8.N. Change Order 2 to TLC Diversified, Inc., for the South Water Treatment Plant
Membrane and Retrofit Project
Attachments: Staff Report
Change Order 2
8.0. Tetra Tech Work Order No. 11 - Water Supply Facilities Work Plan
Attachments: Staff Report
Work Order No 11 Tetra Tech Inc
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
December 6, 2022 Page 3 of 7
A. PUBLIC HEARINGS
10.A.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)
Attachments: Staff Report
Draft Ordinance
B. PUBLIC DISCUSSION ITEMS
10.11.1 Request to Speak from Bill Rigby re: First Amendment and Due Process
Attachments: Public Discussion Request B. Rigby 12.6.22
10.11.2 Request to Speak from Gifford H. Hampton re: New Golf Course
Attachments: Public Discussion Request G. Hampton
C. PUBLIC NOTICE ITEMS
10.C.1. Notice of Public Hearing Scheduled for December 13, 2022 Board Meeting for
a County Initiated Request to Amend the 5 Year Capital Improvements Program
and Supporting Data and Analysis of the Capital Improvements Element of the
Comprehensive Plan. [Legislative]
Attachments: Staff Report
10.C.2. Public Notice of Public Hearing for December 13, 2022, to Consider a
Resolution Electing to Use the Uniform Method for the Levy, Collection and
Enforcement of Non Ad Valorem Assessments for Street Paving in the Oslo
Park Area
Attachments: Staff Report
10.C.3 Public Notice of Public Hearing for December 13, 2022, to Consider an
Ordinance Authorizing an Extension of the Temporary Moratorium for an
Additional 1 Year with regard to Class B Biosolids
Attachments: Staff Report
11. COUNTY ADMINISTRATOR MATTERS
1 L Update Regarding Proposed Sebastian Annexation Agreement
Attachments: Graves Brothers Annexation Agreement
Staff Report - Annexation Agreement
Annexation Agreement Comments
12. DEPARTMENTAL MATTERS
A. Community Development
December 6, 2022 Page 4 of 7
12.A.1 Request for Authorization to Secure a Pool Located at 560 Stoney Brook Farm
Court, Vero Beach, FL 32968
Attachments: Staff Report
Photos of the subject property and pool
Minutes from 10.24.22 CEB Meeting
B. Emergency Services
C. General Services
D. Human Resources
E. Information Technology
12.E.1 Website Publication of Legal Notices
Attachments: Staff Report
F. Office of Management and Budget
12.F.1. Local Assistance and Tribal Consistency Fund (LATCF)
Attachments: Staff Report
Agreement - LATCF
12.F.2 American Rescue Plan Act - Spending Plan Revisions
Attachments: Staff Report
ARP Proposed Spending Plan
G. Public Works
H. Utilities Services
13. COUNTY ATTORNEY MATTERS
13.A Off Leash Beach Dog Park Update
Attachments: Staff Report
13.11 Government in the Sunshine Law Update
Attachments: Staff Report
13.0 Resolution for Adoption of Administrative Fee for Extensions/Modifications to
Contracts for Required Roadway Improvements Under Section 312.11 Section
312.11 (Performance Security) of the Indian River Code of Ordinances
Attachments: Staff Report
Proposed Resolution for Extension of Contracts
Resolution 2005-041
Resolution 2019-089
December 6, 2022 Page 5 of 7
III) Designated Receiving System Transportation Plan
Attachments: Staff Report
2017 Transportation Plan
Proposed SEFBHN Transportation Plan
14. COMMISSIONERS MATTERS
A. Commissioner Joseph H. Earman, Chairman
B. Commissioner Susan Adams, Vice Chairman
C. Commissioner Joseph E. Flescher
D. Commissioner Deryl Loar
E. Commissioner Laura Moss
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
B. Solid Waste Disposal District
C. Environmental Control Board
16. ADJOURNMENT
Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall
provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda,
including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which
the Board is to take action which was either not on the Board agenda or distributed to the public prior to the
commencement of the meeting.
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a
verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal
will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of
County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting.
The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is
also available for review in the Board of County Commission Office, the Indian River County Main Library,
and the North County Library.
December 6, 2022 Page 6 of 7
Commission Meetings are broadcast live on Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a.m. until 5:00 p.m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to 5:00 p.m.
December 6, 2022 Page 7 of 7
Proclamation
HONORING TERESA HANSEN ON HER RETIREMENT
FROM THE INDIAN RIVER COUNTY SHERIFF'S OFFICE
-Whereas, Teresa Hansen is retiring from the Indian River County Sheriff's Office, effective
December 1, 2022; and
-Whereas, Teresa Hansen began her journey at the Indian River County Sheriff's Office on
November 4, 1996, and has served with distinction for over twenty-six years; and
Whereas, Teresa was employed as a Public Safety Dispatcher for the duration of her career;
and
-Whereas, over her tenure, Teresa received many acknowledgements and commendations
for her efforts, including the Lifesaving Award, Honorable Service Award, and Civilian of the Quarter;
and
-Whereas, Teresa worked diligently under four sheriffs to protect and serve the citizens of
Indian River County and the State of Florida; and
-Whereas, Teresa's remarkable dedication to her profession has earned her the appreciation
of Sheriff Flowers and all those who have had the honor of working with her.
Now, therefore, be it procfaimed by the Board of County Commissioners of
Indtan River County, Florida, that the Board lauds the contributions Teresa Hansen has made
to the citizens of Indian River County during her highly -successful law enforcement career, and
wishes her a happy and prosperous retirement.
Adopted this 6th day of December, 2022. BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY, FLORIDA
Joseph H. Earman, Chairman
Susan Adams, Vice Chairman
Joseph E. Flescher
Deryl Loar
Laura Moss
E
INDIAN RIVER COUNTY VENUE EVENT CALENDAR — DECEMBER 2022
For more information go to www.ircgov.com — Event Calendar
NEW! GO EXPLORE IRC HIKING CHALLENGE!
December 1—January 31 @ a Conservation Area near you! FREE!
➢ Visit Indian River County's Conservation Areas in the months of December &
January for a 60 Day Hiking Challenge.
First 100 participants to complete the challenge receive a limited -edition
inaugural T -Shirt.
Join many of the Guided Hikes offered during the month of December and enjoy
our beautiful Conservation Areas and Parks.
For more information and to register go to IRCGOV.com/Conservation
PICKLEBALL FOR TEENS OPEN GYM
December 9, 10, 14 & 28, 4pm-7pm @ IG Center — FREE
This new open gym is open to teens only. Community sponsors are generously
underwriting the open gym fee for each participant. Come for a fun night out
with friends on Friday and Saturday evenings to learn and play pickleball!
Equipment provided.
Call 772-226-1780 for more information or register online @
www.ircgov.com/parksandrecreation
KRIS KRINGLE MARKET
December 9, 10 & 11, 9:00 am — 4:00 pm @ IRC Fairgrounds — FREE!
Enjoy Artists, Crafters and Businesses in this unique event for the entire
family.
Food trucks and live music.
Free make -n -take ornaments gifts from Santa & Mrs. Claus as well as free
photos with The Grinch.
More information @ www.barbaraannsnow.com
CHILDRENS HOLIDAY PROGRAM
December 1S, 6:00 pm — 7:00 pm @ Main Library. FREE!
Join us for Holiday stories, songs, crafts and more.
➢
Call 772-400-6318 or visit https://libraries.ircgov.com/
Pq
INTRO TO PICKLEBALL WITH DERECK PRINCE
December 14 & 28, 12:30 pm — 1:45 pm @ IG Center — $10 per person.
Pickleball is played in the gymnasium as either singles or doubles with a paddle
and a plastic whiffle ball.
Learn the basics and begin games with Dereck Prince.
➢ Call 772-226-1780 for more information or register online @
www.ircgov.com/parksandrecreation
NEW! PANCAKE BREAKFAST WITH SANTA AND MRS. CLAUS!
December 17, 9am —11am @ IG Center. $3 per person.
:> Bring your little ones for a morning full of fun and Christmas spirit with our
super special guests from the North Pole.
We will have a delicious pancake breakfast with beverages and crafts.
Call 772-226-1780 for more information or register online @
www.ircgov.com/parksandrecreation
COMMUNITY DRUM CIRCLE WIRTH TREASURE COAST PERCUSSION
December 28, 6:00 pm — 7:00 pm @ Brackett Library. FREE!
➢ Come for a fun evening of drumming.
➢ No experience required. Drums are provided. All ages welcome.
➢ Call 773-400-6366 or visit https://libraries.ircgov.com/
NEW! SWEAT & SWAGGER
Wednesdays, 6:00 pm — 7:00 pm @ IG Center. $10 per person.
Welcome to our brand-new heart pumping, beat dropping, cardio dance
workout that will bring out your inner awesomeness while burning calories!
➢ Call 772-226-1780 for more information or register online @
www.ircgov.com/parksandrecreation
PRE-SCHOOL TUMBLING
Fridays, 10:15 am, 1:00 pm and 4:00 pm @ IG Center - $3 per session. 7 spots available
per class.
➢ Preschool tumbling is a great start for ages 4-5. Get active while having fun! In
this program children ages 4-5 are taught basic tumbling skills such as
forwards/backwards rolls, handstands, and cartwheels. Children will improve
self-confidence, basic skills, strength, flexibility and balance. Spaces are limited
register to reserve your spot!
Call 772-226-1780 for more information or register online @
www.ircgov.com/parksand recreation
3
TALES WITH TAILS and WINGS & THINGS
Wednesdays, 6:00 pm — 7:30 pm @ IG Center — FREE
Tales with Tails is a story time and craft series for children featuring different
animals followed by an animal encounter. During the month of December, we
will be featuring hawks, Snakes, Bunnies and Guinea Pigs.
For the full schedule call 772-226-1780 or go to
www.ircgov.com/parksandrecreation to register.
OPEN PLAY PICKLEBALL
Monday, Wednesday & Fridays, 9:00 am —12:00 pm & 12-30 pm — 3:30 pm @ IG Center.
$3 per person.
Pickleball is played in the gymnasium (6 courts) as either singles or doubles with
a paddle and a plastic whiffle ball. Please bring your own equipment.
Call 772-226-1780 for more information or register online @
www.ircgov.com/parksandrecreation
OPEN GYM BASKETBALL
Tuesdays & Thursdays, 9:00 am — 2:00 pm @ IG Center — $6 per person.
Unstructured activity time where the gymnasium is available to adults (18 and
over) to practice skills, shoot hoops, and play pick-up games.
Call 772-226-1780 for more information or register online @
www.ircgov.com/parksandrecreation
MAT PILATES WITH BETH
Tuesdays & Thursdays, 9:15 am — 10:15 am @ IG Center- $12 per person.
This class is designed for exercises using special equipment that is specially
designed to improve strength, flexibility, posture and enhance mental
awareness.
Please bring your own mat. Walk-ins welcome.
Call 772-226-1780 for more information or register online @
www.ircgov.com/parksandrecreation
4
STRETCH & FLEX
Tuesdays & Thursdays, 9:30 am — 10:30 am @ IG Center — $5 per person.
➢ This class gives a great cardiovascular workout while remaining seated.
➢ The fun exercises are set to music and will build endurance and strengthen the
heart.
Walk-ins welcome.
Call 772-226-1780 for more information or register online @
www.ircgov.com/parksandrecreation
YOGA LATES BY JUDY
Tuesdays & Thursdays, 10:30 am —11:30 am @ IG Center— $5 per person.
This class is a mix between Yoga and Pilates. Walk-ins welcome.
Call 772-226-1780 for more information or register online @
www.ircgov.com/parksandrecreation
GENTLE CHAIR YOGA
Tuesdays & Thursdays, 12:00 pm — 1:00 pm @ IG Center— $5 per person.
This class is designed to improve flexibility and strengthen muscles while using a
chair for support. Walk-ins welcome.
i Call 772-226-1780 for more information or register online @
www.ircgov.com/parkland recreation
ZUMBA
Mondays, 9:00 am — 10:00 am and Thursdays, 6:00 pm — 7:00 pm @ IG Center— $10 per
person.
➢ This energetic class is a fitness activity that involves cardio and Latin inspired
dancing.
Boost your heart health. Both aerobic and anaerobic benefits help you
maintain a healthy cardiovascular respiratory system.
Call 772-226-1780 for more information or register online @
www.ircgov.com/pa rksand recreation
5
SHINE DANCE WITH CRYSTAL
Mondays, 6pm-7pm and Saturdays, 9:30 am — 10:30 am @ IG Center— $10 per person.
SHINE is a full body cardio and toning workout based in traditional jazz, ballet
and hip-hop.
➢ This class is suitable for beginners and experienced dancers alike.
➢ Get ready to sweat, smile, shimmy and shake your worries. Walk-ins welcome.
➢ Call 772-226-1780 for information or pre -register at
www.ircgov.com/parksandrecreation
SENIOR WELLNESS PROGRAM WITH SANDY
Mondays, Wednesdays & Fridays, 10:00 12:00 pm — FREE!
Special programming for our 55+ community to have social interaction and
light activity. Activities can be adapted to activity levels and interests. Walk-
ins of all ability levels are welcome. Walk-ins welcome.
Call 772-226-1780 for information or pre -register at
www.ircgov.com/parksandrecreation
SENIOR WELLNESS — DANCING TO MUSIC
Mondays, Wednesdays & Fridays, 10:00 12:00 pm — FREE!
➢ Similar to our regular Senior Wellness Program for 55 and over but with fun
dancing music to spice it up a notch. Walk-ins welcome.
Call 772-226-1780 for information or pre -register at
www.ircgov.com/parksandrecreation
UP BEAT BOXING
Tuesdays & Thursdays, 3:00 pm — 4:00 pm — FREE!
➢ Boxing fitness class geared for ages 55 and over. Held twice a week to get you
Out, Active and UP -BEAT! Walk-ins welcome.
Call 772-226-1780 for more information or register online at
www.ircgov.com/parksandrecreation
COLORING & COFFEE
Tuesdays, 9:00 am —10:00 am @ IG Center—$1 per person.
➢ Looking for a way to unwind and reduce stress? Join us for a morning of
relaxation through coloring. Materials provided.
Call 772-226-1780 for more information or register online at
www.ircgov.com/parksandrecreation
OPEN MAH JONGG
Tuesdays, 10:00 am —1:00 pm & Thursdays, 1:00 pm — 3:30 pm @ IG Center — $2 per
person.
Tile sets are provided. Please bring your own Mahjongg Card. No reservation
needed.
Call 772-226-1780 for more information or register online at
www.ircgov.com/parksandrecreation
AMERICAN MAH 1ONGG
Thursdays, 10:00 am — 12:00 am @ IG Center— $75 for 4 Weeks
Instructor Carol Dougherty will take students on a four-weekjourney through
the world of American Mahjongg. This class is intended for brand new players
that would like to learn the game and would like an experienced instructor to
guide you to success.
American mahjong is played with four players using mah jongg tiles.
Experienced Mah Jongg players are welcome to attend Tuesdays 10am-fpm and
Thursdays fpm-3pm @ IG $2 per session.
y Pre -registration is required.
Call 772-226-1780 for more information or register online at
www.ircgov.com/parksandrecreation
KRIS KRINGLE MARKET
December 9, 10 & 11, 9:00 am — 4:00 pm @ IRC Fairgrounds — FREE!
Enjoy Artists, Crafters and Businesses in this unique event for the entire
family.
Food trucks and live music.
Free make -n -take ornaments gifts from Santa & Mrs. Claus as well as free
photos with The Grinch.
' More information @ www.barbaraannsnow.com
7
2023 COMMITTEE ASSIGNMENTS BY COMMISSIONER
SUSAN ADAMS — District 1
1. Treasure Coast Regional Planning Council (bi-monthly, 3rd Friday at 9:30 am)
2. Workforce Development Consortium of the Treasure Coast (designated by BCC
Chairman; one meeting in July and as needed)
3. Agriculture Advisory Committee (quarterly, 4th Thursday at 2:00 pm)
4. Affordable Housing Advisory Committee (4th Wednesday, even months, at 9:00 am)
5. Economic Development Council (monthly, 3rd Tuesday at 3:30 pm)
6. Metropolitan Planning Organization (monthly, 2nd Wednesday at 10:00 am)
7. Indian River Lagoon National Estuary Program, Board of Directors -- Alternate
(bi-monthly, 2nd Friday at 9:30 am)
8. Florida Association of Counties — various committees (as needed)
JOSEPH E. FLESCHER — District 2
1. Value Adjustment Board (2x per year)
2. Tourist Development Council (designated by BCC Chair; quarterly, 3rd Weds at 2:00 pm)
3. School Planning Elected Officials Oversight Committee (BCC Chairman or designee
serves; once annually)
4. Public Safety Council for Criminal Justice, Mental Health and Substance Abuse (BCC
Chairman or designee; as needed)
5. Audit Selection Committee (last meeting held in 2020; every 5 years)
6. Metropolitan Planning Organization (monthly, 2nd Wednesday at 10:00 am)
n
2023 COMMITTEE ASSIGNMENTS BY COMMISSIONER
continued
JOSEPH EARMAN — District 3
1. Value Adjustment Board (2x a year)
2. Indian River Lagoon National Estuary Program Board of Directors (bi-monthly, 211
Friday at 9:30 am)
3. Beach & Shore Preservation Advisory Committee (monthly, 3rd Monday at 3:00 pm)
4. Treasure Coast Council of Local Governments (monthly, 1st Wed at 10am)
5. Play Treasure Coast Sports Tourism Board of Directors
6. Metropolitan Planning Organization (MPO) (monthly, 2nd Wednesday at 10:00 am)
7. Treasure Coast Regional Planning Council - Alternate (bi-monthly, 3rd Friday at 9:30)
8. Medical Examiner's Advisory Task Force (as needed — 10:00 am)
9. Vero Community Complex (as needed)
DERYL LOAR — District 4
1. Transportation Disadvantaged Local Coordinating Board (BCC member serves as
chair; quarterly, 4th Thursday at 10:00 am)
2. Public Safety Coordinating Council (BCC Chairman or designee; as needed)
3. Juvenile Justice Circuit 19th Advisory Board (monthly, 3rd Wednesday at 8:45 am)
4. Board of Trustees of Law Library (as needed)
5. Metropolitan Planning Organization (monthly, 2nd Wednesday at 10:00 am)
6. Treasure Coast Regional Planning Council — Alternate (bi-monthly, 3rd Fri at 9:30 am)
7. Medical Examiner's Advisory Task Force — Alternate (as needed)
LAURA MOSS — District 5
1. State Housing Initiatives Partnership (SHIP) Loan Review Committee (as needed)
2. CDBG Citizens Advisory Task Force (BCC Chairman or designee; as needed)
3. Children's Services Advisory Committee (quarterly, 2nd Monday at 5:30 pm)
4. Metropolitan Planning Organization (monthly, 2nd Wednesday at 10:00 am)
5. Treasure Coast Regional Planning Council (bi-monthly, 3rd Friday at 9:30 am)
Consent Item
Indian River County, Florida
Department of Utility Services
Board Memorandum
Date: November 17, 2022
To: Jason E. Brown, County Administrator
From: Sean C. Lieske, Director of Utility Services
Prepared By: Richard Meckes, Operations Manager
Subject: Central Wastewater Treatment Facility Odor Control Improvements, CCNA Work
Order No. 8 With Atkins
Descriptions and Conditions:
Indian River County Department of Utility Services (IRCDUS) operates the Central Wastewater Treatment
Facility (CWWTF) located at 3550 49th Street. The existing sludge holding tank was originally built in 1994,
and was reconfigured during the sludge holding tank modifications in 2012. Staff was concerned that there
are significant odors produced by this portion of the treatment process and with the recent proposed
residential development in the area, the staff felt the need to address these concerns before they become
an issue with the future residents.
Analysis:
In March 2022, staff requested a representative from Atkins, an engineering firm, to visit the site to make
a quick assessment as to the current status of odors that are emanating from the treatment tank. Atkins
has a Continuing Contract Agreement for Continuing Engineering Services that was approved by the Board
of County Commissioners (BCC) on April 17, 2018, and renewed on May 18, 2021. After the initial
assessment, it was determined that there are significant concerns affiliated with the odors produced by
this portion of the treatment process. Thus, staff requested a scope of services to evaluate, design, and
perform bid services for an odor control project.
Funding:
Total funding for Work Order No. 8 will be $129,149. The project is budgeted as a Utility Operating Capital
project in the Utilities/WIP/CWWTF Odor Control Construction account, number 471-169000-22513.
Since this is a Utilities operating capital fund account, the funds will come from fund balance. Utilities
operating funds are derived from water and sewer sales.
Description
Account Number
Amount
Utilities/WIP/CWWTF Odor Control Construction
471-169000-22513
$ 129,149
10
Recommendation:
Staff recommends that the Board of County Commissioners approve Work Order No. 8 with Atkins, in the
amount of $129,149, for professional technical services associated with the design of an odor
control facility for the Central Wastewater Treatment Facility sludge holding tank.
Attachments:
1. Work Order No. 8: CWWTF Odor Control Improvements
F:\Utilities\00—UTILITY- AGENDA TEMPLATE & GUI DELI NES\2022 Agenda Items\120622 BCC Agenda Items\Atkins Odor Control
CWWTF\Agenda -Atkins Central Odor Control final 11-23-22.docx
11
ATKINS
CCNA2018 WORK ORDER 08
Central WWTF Sludge Tank Odor Control Facility
This Work Order Number 08 is entered into as of this _ day of , 202_, pursuant to that
certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of
this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER
COUNTY, a political subdivision of the State of Florida ("COUNTY") and Atkins ("Consultant").
The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope
of Work�aitached 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
all in accordance with the terms and provisions set forth in the Agreement. Pursuant to Paragraph Y4 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:
:.
By:
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Joseph H. Earman, Chairman
Print Name: Chris Rader, PE
Title: Sr. Division 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
iL
ATKINS
INDIAN RIVER COUNTY UTILITIES DEPARTMENT
WORK ORDER No. 8
Exhibit A: SCOPE OF SERVICES
Central WWTF Sludge Tank Odor Control Facility
Background
In March 2022, Indian River County Utilities Department (County) requested that Atkins
(Consultant) provide technical services to design an odor control system for the sludge holding
tank at the Central (Gifford) WWTF. The original odor control facility at this location was
demolished in 2012 as part of the Central Wastewater Treatment Facility5ludge Handling Facility
Modifications Project and was not replaced due to budget constraints. However, the adjacent
land is being developed and the County would like to ensure that any potential odor issues
associated with the sludge holding tanks are addressed.
To determine the scope of services required, Atkins visited the Central WWTF on March 25 and
discussed the anticipated improvements at the existing facility with County Staff. During that site
visit, it was determined that the integrity of existing odor control fiberglass reinforced piping
(FRP) had been compromised and would require replacement. In addition, it was determined
that there was sufficient space to locate the odor control facility on either side of the sludge
holding tank.
Scope of Services
This Scope of Services is for technical services associated with the design of an odor control
facility for the Central WWTF Sludge Holding Tank. Upon Notice to Proceed, the Consultant will
provide professional services associated with improvements. The design services will culminate
in Contract Bid Documents and will include permitting and bidding services.
Task 01 Project Management
a. General Project Administration
This task consists of overall management of the Project including contract
administration, budget management, invoicing, monthly status reports, project
scheduling, facilitating and coordinating internal design meetings, and
coordination with the Consultant's subconsultants.
b. Meetings
Consultant will facilitate three in-person submittal review workshops and up to six
virtual project progress meetings with the County, including scheduling, preparing
agendas and distributing meeting minutes.
Task 02 Survey
a. Survey
Surveying will be provided by the Consultant's in-house surveying crew. The
survey will be utilized to verify the elevations of existing grade and elements
13
IRC Central WWTF Sludge Tank Odor Control
Exhibit A. Scope of Work
ATKINS
associated with the sludge tanks and odor control piping and pipe supports at the
Central WWTF Sludge Tanks.
Task 03 Preliminary Design Report
a. Draft Preliminary Design Report
The Consultant will prepare a Preliminary Design Report (PDR) containing process
flow diagrams, preliminary equipment layouts and equipment cutsheets, and
preliminary electrical one -line diagrams. Upon submittal, the Consultant will
schedule a review meeting with County Staff. The Consultant will prepare a
meeting agenda and up to three members of the Consultant's Team will attend
the Workshop. Meeting notes will be taken by the Consultant and distributed
within three (3) days of the review meeting.
b. Final Preliminary Design Report
Following the Workshop, the PDR will be updated to address review comments.
One (1) electronic copy and two (2) hard copies of the Final PDR, along with an
electronic version of a spreadsheet showing adjudication of Client review
comments, will be provided to the County PM for distribution.
Task 04 Final Design
a. 90% Contract Documents
The Consultant will prepare and submit 90% construction documents. The
construction documents will consist of the following:
• Up to 20 technical specification sections inclusive of Division 1 and
technical specifications.
• Up to 25 design drawings including general, mechanical process,
structural, electrical, and instrumentation and control disciplines. The list
of drawings are provided in Exhibit A.
A draft Bid Form and Consultant's opinion of probable cost will be submitted with
the construction documents.
The Consultant will provide one (1) electronic copy and four (4) draft hard copies
to the County PM for distribution and review. Upon the submittal of the 90%
Design Documents, the Consultant will schedule an in-person meeting to discuss
review comments with the County PM and Plant Staff. Consultant will prepare a
meeting agenda and up to four members of the Consultant's Team will attend the
meeting. Meeting notes will be taken by the Consultant and distributed within
three (3) days of the review meeting.
b. 100% Contract Documents
The Consultant shall address comments from the 90% contract documents Review
Meeting and will prepare and submit 100% construction documents, consisting of
the following:
14
IRC Central WWTFSludcge Tank Odor Control
Exhibit A. Scope of Work
ATKINs
• One (1) copy of a summary of the Consultant's responses to comments
provided during the 90% review meeting.
• Four (4) hard copies and one (1) electronic copy in PDF format of the signed
and sealed Construction Documents.
• One (1) copy of the updated Consultant's revised OPCC and Bid Form.
Task 05 Bidding Support Services
a. Pre-bid Meeting
Consultant will attend a pre-bid meeting scheduled by the County and present
technical information, project details and all information prudent to bidders.
b. RFI/Addendum
Consultant will consider written questions from bidders related to the Project and
prepare all addenda as required to interpret, clarify or expand the Contract
Documents. Submit maximum of two (2) addenda to County Project Manager in a
timely manner that allows reception of addenda by all bidders with the final
addendum to be provided no later than a minimum of five (5) days prior to bid
opening date.
c. Bid Recommendation
Then Consultant will review the Contractor's bid submittals and make a
recommendation to the County.
Deliverables
Task Deliverable
1 Project Management
2 Survey
3 Preliminary Design Report
4 Final Design
5 Bidding Support Services
Schedule
The anticipated schedule shown below is based on the weeks after the formal issuance of the
notice to proceed by County:
Task
Project Kick -Off Meeting
Begin Survey Activities
Data Collection and Review
Draft Preliminary Design Report
Duration from NTP
2 weeks
6 weeks
4 weeks
12 weeks
4
15
IRC Central WWTFSludge Tank Odor Control
Exhibit A. Scope of Work
Task
Review Meeting
Final Preliminary Design Report
90% Design
Review Meeting
Final Design — Bid Documents
Bidding Support Services
Quality Control
Duration from NTP
14 weeks
17 weeks
26 weeks
28 weeks
32 weeks
TBD
ATKI NS
Consultant will be responsible for the professional quality of all deliverables. This shall include
an internal Quality Assurance Plan that, as a minimum, provides review of all deliverables and
significant calculations by another qualified professional that was not responsible for preparing
the deliverable or calculation.
Assumptions
The following assumptions have been made in the development of this scope of work,
schedule, and fee:
General
• The record drawings, "as-builts," calculations, and information on any upgrades for the
sludge holding tank and I&C system are available and will be furnished to consultant.
• The design will be based on the federal, state, and local codes and standards in effect at
the start of the project. Any changes in these codes may necessitate a change in scope.
• The drawings will follow Atkins CAD standards. Atkins master specifications will be used
as the basis for Division 1 and all technical specifications.
• County Staff will provide Division 0 and associated front end documents.
• Electronic seal and signatures are acceptable.
• Attendees of the review meetings are designated as decision makers.
• Data requests will be addressed within five (5) calendar days.
• Facilities or areas to be surveyed are readily accessible.
• FDEP permitting is not required for this project. No permitting support or fees are
included in this scope.
Existing Conditions/ Scope of Work
• The existing electrical feed to the facility will be sufficient for any increase in power
required for the new odor control equipment. This will be verified during preliminary
engineering to allow adequate time for external coordination, if required.
• Landscaping will not be included in this project.
5
lM~
IRC Central WWTF Sludge Tank Odor Control
Exhibit A. Scope of Work
ATKINS
• Existing concrete pads, driveways, stairways, and housekeeping pads will remain as is
and are sufficient for use in supporting the odor control system. New housekeeping
pads for the Odor Control system will be provided.
• The location of subsurface improvements such as underground utilities are not included
in this proposal.
Technical
• An overall hydraulic profile will not be included in the drawings.
• No site civil work beyond odorous air pipe routing will be required as part of this
project.
• No SCADA updates are required beyond 1/0 re-routing associated with odor control.
• The existing survey controls points are located on-site or no farther than a quarter mile
away from the facilities.
Exclusions
The following items are excluded from this scope of work:
• Destructive inspection.
• Material testing or sampling.
• Inspections of enclosed areas.
Compensation
Consultant proposes to perform the work described in Tasks 1— 5 on a Fixed Fee basis with
budgets between the sub -tasks and expenses being interchangeable as needed. The estimated
total engineering fee including labor and expenses associated with the scope of work is not to
exceed $129,149 as summarized in the table below and presented in detail in Exhibits B and D.
Task No.
Task
Fee
1
Project Management
$18,282
2
Survey
$14,688
3
Preliminary Design Report
$32,590
4
Final Design
$55,025
5
Bidding Support Services
$7,134
Expenses
$1,430
Total Fee
$129,149
0
17
ATKINS
Exhibit B
Atkins Cost Detail
im
ATKINS
Member of the SNC-Lavatin Group
Cost Proposal - Detail
Central WWTF Sludge Tank Odor Control Facility
Indian River County
Submittal Date:
Nov -30-2022
Task#
Resource Description
O/H
Rate
Unit
Qty
Extended Price
Category
Pool
01
Project Management
Labor
Sr Project Manager
Home
220.00
Hr
48.0
10,560.00
Sr Engineer I
Home
136.00
Hr
42.0
5,712.00
Engineer II
Home
110.00
Hr
6.0
660.00
Labor Total
96
16,932.00
Subcontract & Consultants
1,350.0
1,350.00
Bailey Electrical
1.0
LS
1,350.0
1,350.00
Subcontract and Expenses Total
1,350.00
01
Project Management Total
18,282.00
02
Data Collection/Survey
Labor
Sr Project Manager
Home
220.00
Hr
2.0
440.00
Sr Engineer 1
Home
136.00
Hr
2.0
272.00
Sr Designer II
Home
154.00
Hr
8.0
1,232.00
Sr Surveyor I
Home
136.00
Hr
24.0
3,264.00
Surveyor II
Home
110.00
Hr
48.0
5,280.00
Surveyor[
Home
105.00
Hr
40.0
4,200.00
Labor Total
124
14,688.00
02
Data Collection/Survey Total
14,688.00
03
Preliminary Design Report
Labor
Sr Project Manager
Home
220.00
Hr
24.0
5,280.00
Sr Engineer IV
Home
240.00
Hr
16.0
3,840.00
Sr Engineer I
Home
136.00
Hr
76.0
10,336.00
Engineer II
Home
110.00
Hr
28.0
3,080.00
Ci si ;er Ii
Home
154.00
Hr
26.0
1904.00
ATKINS
Member of the SNC-Lavatin Group
Cost Proposal - Detail
Central WWTF Sludge Tank Odor Control Facility
Indian River County
Submittal Date:
Nov -30-2022
Task#
Resource Description
O/H
Rate
Unit
Qty Extended Price
Category
Pool
Labor Total
170
26,540.00
Subcontract & Consultants
6,050.00
Bailey Electrical
1.0
LS
6,050.0
6,050.00
Subcontract and Expenses Total
6,050.00
03
Preliminary Design Report Total
32,590.00
04
Final Design
Labor
Sr Project Manager
Home
220.00
Hr
36.0
7,920.00
Sr Engineer IV
Home
240.00
Hr
42.0
10,080.00
Sr Engineer I
Home
136.00
Hr
88.0
11,968.00
Engineer II
Home
110.00
Hr
32.0
3,520.00
Sr Designer II
Home
154.00
Hr
68.0
10,472.00
Labor Total
266
43,960.00
Subcontract & Consultants
11,065.00
Bailey Electrical
1.0
LS
11,065.0
11,065.00
Subcontract and Expenses Total
11,065.00
04
Final Design Total
55,025.00
05
Bidding Suport Services
Labor
Sr Project Manager
Home
220.00
Hr
12.0
2,640.00
Sr Engineer I
Home
136.00
Hr
18.0
2,448.00
Sr Designer II
Home
154.00
Hr
4.0
616.00
Labor Total
34
5,704.00
20
ATKINS
Member of the SNC-Lavalin Group
Cost Proposal - Detail
Central WWTF Sludge Tank Odor Control Facility
Indian River County
Sub Total 129,149.00
Proposed Profit 0.00/
Success Fee -
Total Extended Price 129,149.00
21
Submittal Date:
Nov -30-2022
Task#
Resource Description
OJH Rate
Unit
Qty
Extended Price
Category
Pool
Subcontract & Consultants
1,430.00
Bailey Electrical
1.0
LS
1,430.0
1,430.00
Subcontract and Expenses Total
1,430.00
05
Bidding Suport Services Total
7,134.00
06
Expenses
ODCs
1,180.00
Mileage
0.58
MI
1,000.0
580.00
Shipping & Postage
1.0
LS
100.0
100.00
Copies & Prints
1.0
-
500.0
500.00
ODCs
250.0
250.00
Survey Expenses
1.0
LS
250.0
250.00
Subcontract and Expenses Total
1,430.00
06
Expenses Total
1,430.00
Sub Total 129,149.00
Proposed Profit 0.00/
Success Fee -
Total Extended Price 129,149.00
21
ATKINS
Exhibit C
Schedule
22
ATKINS
Schedule
The anticipated schedule shown below is based on the weeks after the formal issuance of the
notice to proceed by County:
Task Duration from NTP
Project Kick -Off Meeting
2 weeks
Begin Survey Activities
6 weeks
Data Collection and Review
4 weeks
Draft Preliminary Design Report
12 weeks
Review Meeting
14 weeks
Final Preliminary Design Report
17 weeks
90% Design
26 weeks
Review Meeting
28 weeks
Final Design — Bid Documents
32 weeks
Bidding Support Services
TBD
23
Exhibit D
Bailey Electrical Proposal
ATKINS
24
�G`N E ER�ti
May 13'', 2021 BWLET
Ms. Yvonne Picard, PE Otis U
ATKINS North America, Inc.
482 South Keller Road
Orlando, FL 32810-6101
Re: Indian River Central WWTF Sludge Tank Odor Control Facility
Vero Beach, Florida
Dear Ms. Picard:
We are pleased to submit our proposal for electrical and instrumentation engineering services for
the above project. The following serves to provide an overview of the engineering services
Bailey Engineering Consultants, Inc. (BEC) intends to furnish on the above referenced project to
Atkins. Your signature on this agreement will serve as your letter of intent. Our services shall
include completed drawings for the work, specifications, opinion of probable construction cost
estimate covering all phases of our design in accordance with a format determined by you. Our
work scope shall include the following:
Task 01— Proiect Management & Proeress Meetings
1. BEC shall attend the kick-off meeting for the project to discuss the detailed project
approach, the project schedule, and the budget.
Task 02 — Survey
1. By Others.
Task 03 — Preliminary Design Report
1. Data Collection, Review, and Conceptual Design
a. Conduct site visit as required to identify site -conditions for the associated electrical
and instrumentation improvements.
b. Evaluate options for the proposed improvements.
c. Attend one (1) meeting with CITY to present and review the findings and results of
the preliminary engineering.
2. Deliverables:
a. Draft Preliminary Design Report. BEC shall submit electronic copies in PDF.
Additional reproduction by others.
10620 GRITTIX ROAVD, SUITE 202 • COOPER CITT, SEL • 33328
4'9fO9V*E: 954-448-7930 • PAX. 954-713-99.59
25
Ms. Yvonne Picard, PE Page 2 May 13'', 2021
b. Final Preliminary Design Report. BEC shall submit electronic copies in PDF.
Additional reproduction by others.
Task 04 — Final Design
1. Design of electrical system and I&C as required for Odor Control facility.
2. Design of the interface with existing WWTF electrical and I&C system.
3. Miscellaneous Odor Control building electrical and I&C design.
4. Review and coordination of the Odor Control specifications.
5. Attend one (1) meeting as requested to review status and design requirements.
6. Deliverables:
a. 90% Submittal. BEC shall submit electronic copies of the plans (in AutoCAD
format and PDF), specifications (in MS Word and PDF) and cost opinion (in
PDF) to Atkins. Additional reproduction by others.
b. 100% Submittal. BEC shall submit electronic copies of the plans (in AutoCAD
format and PDF), specifications (in MS Word and PDF) and cost opinion (in
PDF) to Atkins. Additional reproduction by others.
Task 05 — Bidding Support Services
1. Pre -Bid meeting by others.
2. BEC will review the bid submittals and make a recommendation as related to electrical
and I&C.
Ms. Yvonne Picard, PE Page 3 May 13"', 2021
SUPPLEMENTAL SERVICES - Any work requested by the City that is not included in one of the
items listed in any other phase will be classified as supplemental services.
The attached spreadsheet provides an estimate of our anticipated work effort. Travel to and from
the site and other direct costs are included in the overhead rate and will not be billed as a
separate line item. Our fee for this work shall be lump sum and shall be billed monthly based on
percentage of completion. Our fee shall be payable as follows:
Task 01
— Project Management
Task 02
— Survey
Task 03
— Preliminary Design Report
Task 04
— Final Design
Task 05
— Bidding Support Services
Total:
Sincerely,
ACCEPTED
ATK-22-002D
DA'
$ 1,350.00
$ 00.00
$ 6,050.00
$ 11,065.00
1,430.00
$ 19,895.00
27
ATKINS
Exhibit E
Drawings List
28
IRC Central WWTFSludcge Tank Odor Control
Exhibit A. Scope of Work
IRC Central WWTF Sludge Tank Odor Control SHEET LIST
Sheet Title
Sheet Number
General
Cover
G-100
Vicinity/Location Map
G-101
General Notes & Civil Legend
G-102
Mechanical Legend
G-103
Demolition
Structural/Mechanical Demo Plan
SMD -100
Structural/Mechanical Demo Sections
SMD -101
Civil
Site Plan
C-100
Odor Control Piping Plan
C-101
Odor Control Piping Sections and Details
C-102
Structural -Mechanical
Odor Control Plan
SM -101
Odor Control Sections
SM -102
Odor Control Sections and Details
SM -103
Odor Control Sections and Details
SM -104
Electrical
Electrical Legend
E-100
Electrical Site Plan
E-101
Single Line Diagram
E-102
Electrical Plan View
E-103
Electrical Standard Details
E-104
Electrical Standard Details
E-105
Instrumentation & Control
I&C Legend
N-100
Odor Control P&ID
N-101
Instrumentation Details
N-102
Details
Structural Standard Details
D-100
Mechanical Standard Details
D-101
ATKINS
29
�I
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason Brown, County Administrator
THROUGH: Phillip J. Matson, AICP
Community Development Director
FROM: John Stoll
Chief, Long -Range Planning
DATE: November 15, 2022
SUBJECT: Review of the Affordable Housing Advisory Committee
2022 Incentives Review and Recommendation Report
It is requested that the following information be given formal consideration by the Board of County
Commissioners at its regular meeting on December 6, 2022.
DESCRIPTION AND CONDITIONS
As part of HB 1375 enacted in 2007, the Legislature revised section 420.9076, F.S. to require that
local governments establish a local Affordable Housing Advisory Committee (AHAC). On March
18, 2008, the Indian River County Board of County Commissioners (BCC) approved resolution
2008-038 to establish Indian River County's AHAC. According to state law, the principal
responsibility of the AHAC is to submit a report to the local governing body that includes a
recommendation on or evaluation of the affordable housing incentives identified in Paragraphs
A through K of Section 420.9076 (4), F.S. (see page 2 of this staff report).
Consistent with the provisions of section 420.9076 F.S. (up until the 2020 legislative session), every
three years the AHAC was required to review the local government's established policies and
procedures, ordinances, land development regulations, and comprehensive plan and recommend
specific actions or initiatives to encourage or facilitate affordable housing, while protecting the
ability of property to appreciate in value. Pursuant to House Bill 1339 adopted during the 2020
Florida Legislative Session, the triennial requirement changed to an annual requirement starting in
2021.
The County's first Al AC report was approved by the BCC on December 9, 2008, submitted to the
Florida Housing Finance Corporation (FHFC) before its December 31, 2008 due date, and thereafter
approved by the FHFC. Subsequent AHAC reports were prepared, recommended for approval by
c
AHAC, approved by the BCC, and submitted to the FHFC in 2011, 2014, 2017, 2020, and 2021. The
County's next AHAC report is due to the state by December 31, 2022. In order to meet that
deadline, staff has prepared the 2022 incentives review and recommendations report for AHAC's
consideration.
ANALYSIS
Section 420.9076 (4) F.S. requires that, at a minimum, the advisory committee (AHAC) submit a
report to the local governing body (BCC) that includes recommendations on affordable housing
incentives in the following areas:
a. The processing of approvals of development order or permits, as defined in s.
163.3164(7) and (8), for affordable housing projects is expedited to a greater degree than
other projects.
b. All allowable fee waivers provided for the development or construction of affordable
housing.
C. The allowance of flexibility in densities for affordable housing.
d. The reservation of infrastructure capacity for housing for very low-income persons, low
income persons, and moderate -income persons.
e. Affordable accessory residential units.
f. The reduction of parking and setback requirements for affordable housing.
g. The allowance of flexible lot configuration, including zero -lot -line configurations for
affordable housing.
h. The modification of street requirements for affordable housing.
i. The establishment of a process by which a local government considers, before adoption,
policies, procedures, ordinances, regulations, or plan provisions that increase the cost of
housing.
j. The preparation of a printed inventory of locally owned public lands suitable for
affordable housing.
k. The support of development near transportation hubs and major employment centers and
mixed-use developments.
In 2008, 2011, 2014, 2017, 2020, and 2021 the Indian River County Affordable Housing Advisory
Committee reviewed Indian River County's existing affordable housing incentives as well as new
affordable housing strategies and policies. Through that process, the AHAC reached consensus and
provided direction to staff on the county's then existing and proposed strategies and policies. By
assessing the county's affordable housing incentives and strategies, the AHAC addressed the
affordable housing incentives referenced in paragraphs A through K of Section 420.9076(4) F.S. For
each incentive, the report included a description, reference to existing county regulations, analysis,
and recommendations. All recommendations of the previous AHAC reports were incorporated into
the county's Comprehensive Plan and Land Development Regulations (LDRs).
Recently, staff prepared a draft 2022 AHAC report. That AHAC report is a compilation and
evaluation of the county's current affordable housing incentives, the incentives referenced in Section
420.9076(4) F.S., and affordable housing strategies and policies that were adopted by the county as
part of the county's 2010 EAR based comprehensive plan amendments, and the County's previous
AHAC report. As indicated in the draft 2022 AHAC housing incentives report, the county has
already adopted and implemented all but one of the affordable housing incentives identified in items
31
2
A through K of Section 420.9076(4) F.S. The incentive not adopted is item H, which relates to
modifying minimum street requirements. Staff analysis shows that the county's current street right-
of-way requirements are appropriate to ensure public safety, are not excessive, and should be
maintained.
Staff's AHAC report analysis indicates that the county has successfully implemented incentives for
providing affordable housing within the county. County affordable housing incentives have been in
place for many years and have been used by not-for-profit housing organizations and for-profit
affordable housing developers to provide affordable housing for county residents.
NEW FOR 2022
• Dates and applicable statistics updated.
• New Impact Fee Waiver process as directed by BCC.
• New Accessory Dwelling Unit Amendments as approved by BCC on June 19, 2022.
• Inclusion of affordable housing as public benefit in PD process.
At this time, the AHAC needs to review the draft 2022 AHAC report, identify any needed changes,
and provide input to staff. Since the AHAC report item has been advertised as a public hearing for
today's meeting, the general public will also have an opportunity to provide input regarding the
report.
CONCLUSION
Currently, Indian River County provides all but one of the eleven affordable housing incentives listed
in items A through K of Section 420.9076 F.S. In the past, the ten adopted incentives have resulted
in non-profit housing organizations and for-profit affordable housing developers providing
affordable housing in the county.
As structured, the AHAC report identifies the county's existing affordable housing incentives,
provides an analysis of those incentives with respect to the incentives listed in items A through K of
Section 420.9076 F.S., and includes a recommendation on each incentive. In the report, staff is
recommending that the county maintain the ten adopted, existing incentives.
AFFORDABLE HOUSING ADVISORY COMMITTEE ACTION
At its regular meeting on October 26, 2022 the AHAC voted unanimously to recommend that the
Board of County Commissioners approve the 2022 AHAC Incentives Review and Recommendation
Report and direct staff to submit a copy of the report to the Florida Housing Finance Corporation
(FI -IFC).
RECOMMENDATION
Staff and the Affordable Housing Advisory Committee recommend that the Board of County
Commissioners approve the 2022 AHAC Incentives Review and Recommendation Report, and
direct staff to submit a copy of the report to the FHFC for review by December 31, 2022.
32
3
ATTACHMENT
1. DRAFT 2022 AHAC Report
FACommunity Development\SHIP`, H C\ANNUAL INCENTIVE REPORT AND LHAP REVLSIONS\2022 Incentives Report\AHAC Incentives staff
report#1 2022 _ BCC.doc
K�Cj
Proposed Indian River County
Affordable Housing Advisory Committee
2022 Incentives Review and Recommendation
Report
Community Development Department
Indian River County
1801 27th Avenue
Vero Beach, Florida 32962
(772) 226-1237
Approved by the Affordable Housing Advisory Committee at a Public Hearing on
(October 26, 2022)
Approved by the Board of County Commissioners
2022)
Resolution No. 2022 —
ATTACHMENT 1
34
INTRODUCTION
With passage of HB 1375 in 2007, local governments that receive State Housing Initiatives
Partnership Program funds were required to establish an Affordable Housing Advisory
Committee (AHAC) by June 1, 2008. In Indian River County, the Board of County
Commissioners created an Affordable Housing Advisory Committee on March 18, 2008.
Between 2008 and 2019, triennially each AHAC was required to review their local
government's established policies and procedures, ordinances, land development
regulations and comprehensive plan and recommend specific actions or initiatives to
encourage or facilitate affordable housing, while protecting the ability of property to
appreciate in value. Pursuant to House Bill 1339 adopted during the 2020 Florida
Legislative Session, each AHAC must now annually complete this task.
In Indian River County, the first AHAC report was approved by the Board of County
Commissioners on November 19, 2008. Following submission of the initial AHAC report,
reports were required to be submitted triennially on December 31 every three years.
Therefore, the subsequent AHAC reports were approved on December 6, 2011, December
9, 2014, December 5, 2017, December 1, 2020, and December 7, 2021. The next AHAC
report must be submitted to the FHFC by December 31, 2022.
According to Section 420.9076 (4) F.S., each AHAC report must give recommendations
on affordable housing incentives in the following areas:
A. The processing of approvals of development orders or permits, as defined
in s. 163.3164(7) and (8), for affordable housing projects is expedited to a
greater degree than other projects.
B. All allowable fee waivers provided for the development or construction of
affordable housing.
C. The allowance of flexibility in densities for affordable housing.
D. The reservation of infrastructure capacity for housing for very low-income
persons, low income persons, and moderate -income persons.
E. Affordable accessory residential units.
F. The reduction of parking and setback requirements for affordable housing.
G. The allowance of flexible lot configuration, including zero -lot -line
configurations for affordable housing.
H. The modification of street requirements for affordable housing.
I. The establishment of a process by which a local government considers,
before adoption, policies, procedures, ordinances, regulations, or plan
provisions that increase the cost of housing.
J. The preparation of a printed inventory of locally owned public lands
suitable for affordable housing.
K. The support of development near transportation hubs and major
employment centers and mixed-use developments.
35
2
BACKGROUND
In February, 1990, the Indian River County Board of County Commissioners adopted the
Indian River County Comprehensive Plan. In the Housing Element of that plan, Policy 1.3
stated:
"An advisory committee shall be appointed by the Board of County Commissioners
to provide additional guidance on county housing policies. Comprised of
representatives of the housing industry, financial institutions, Housing Authority,
and citizens, the committee shall be advisory and terminated upon acceptance of its
final report. This committee shall submit a final report to the Board of County
Commissioners by 1993..."
Consistent with Housing Policy 1.3, the Board of County Commissioners, on March 5,
1991, created a fifteen (15) member Indian River County Affordable Housing Advisory
Committee (Resolution No. 91-29). That committee was comprised of representatives of
the housing industry, financial institutions, and the Housing Authority, as well as citizens.
In April 1993, the Affordable Housing Advisory Committee voted to adopt and transmit
the Committee's Final Report to the Board of County Commissioners for its review and
consideration. That final report was submitted to the Board of County Commissioners on
May 25, 1993, and the original AHAC was then dissolved.
In 1992, the Florida Legislature established the State Housing Initiatives Partnership
(SHIP) program. The purpose of the SHIP program is to provide funds to local
governments for the provision of affordable housing for qualifying households. In order to
receive SHIP funds, the county was required to satisfy several requirements, including the
creation of a Local Affordable Housing Advisory Committee to conduct a review of the
county's regulations and to develop a Local Housing Incentive Plan.
To obtain SHIP funds, the Board of County Commissioners adopted the Indian River
County Local Housing Assistance Program (Ordinance #93-13) in April 1993. Consistent
with the requirements of Section 420.9076, F.S. and Section 308.07 of the County Code,
the Board of County Commissioners created the county's second Affordable Housing
Advisory Committee (AHAC) in 1993. The function of that committee was to review the
County's Local Housing Assistance Plan and develop local housing incentive strategies.
Once established, that committee worked with staff and fulfilled all of the requirements of
Section 420.9076, F.S.
On December 13, 1994, the Board of County Commissioners adopted the final Indian River
County Affordable Housing Incentive Plan with resolution number 94-162. That plan
which remains in effect includes many of the affordable housing incentives listed in
paragraphs A through K of Section 420.9076(4) F.S. The second AHAC was dissolved in
2001.
Since adoption of the affordable Housing Incentive Plan, the county's affordable housing
incentives have been utilized by for-profit and non-profit housing developers and
organizations to provide affordable housing within the county. Through those incentives,
2,634 affordable rental housing units have been constructed. Also, 1,698 income eligible
36
3
individuals have received SHIP and MR funds for the purchase of a home and/or for
rehabilitation of their housing unit.
Consistent with the 2007 legislature's directive, Indian River County established its
Affordable Housing Advisory Committee in March, 2008 and in December of 2019
updated its membership composition consistent with state statute. The primary function of
the AHAC is to prepare the update of the County's Local Housing Incentives Report. In
2008, 2011, 2014, and 2017 the AHAC prepared the County's update. This is the fifth
Local Housing Incentives Report update.
Beginning in December 2018 and concluding in early 2020, the BCC directed the AHAC
to study the affordable housing issue outside of the County's normal three-year window
for updating its incentives and recommendations report. That directive included the request
to review the county's existing local affordable housing incentives and programs and
County regulations impacting and encouraging development of more affordable housing
to develop recommendations for improvement. This A14AC report incorporates many of
the AHAC's recent findings and recommendations adopted by the AHAC on January 22,
2020, and those ultimately approved by the BCC on February 18, 2020.
ANALYSIS
In this section, each of the Chapter 420.9076(4), F.S. requirements, A through K, are
addressed. For each of the requirements, current citations from the county's
Comprehensive Plan and Land Development Regulations (LDRs) are provided. Each
section also includes an analysis and recommendation(s).
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4
A.The process of approvals of development orders or
permits, as defined in s.163.3164(7) and (8), for
affordable housing projects is expedited to a greater
degree than other projects.
Section 163.3164(7), F.S. defines a development order as "any order granting, denying, or
granting with conditions an application for a development permit." Section 163.3164(8),
F.S. defines a development permit to "include any building permit, zoning permit,
subdivision approval, rezoning, certification, special exception, variance, or any other
official action of local government having the effect of permitting the development of
land".
In Indian River County, permits for affordable housing projects are expedited to a greater
degree than other projects. Established policies and procedures for expedited permitting
are found in Policies 1.5 and 1.6 of the Housing Element. These policies read as follows:
POLICY 1.5: By 2015, the county shall establish a web based permitting process.
POLICY 1.6: The county shall take all necessary steps to eliminate delays in the review of affordable
housing development projects. In order to define delay, the county hereby establishes the following
maximum timeframes for approval of projects when an applicant provides needed information in a timely
manner:
- Administrative approval — 5 days;
- Minor site plan — 5 weeks;
- Major site plan — 6 weeks;
- Special exception approval —13 weeks
Whenever these review times increase by 150% or more due to the work load of review staff, the county
will begin prioritizing the review of affordable housing development project applications. In prioritizing
affordable housing development project applications, staff will schedule affordable housing project
applications for review before other types of project applications to ensure that maximum review
timeframes are not exceeded for affordable housing projects.
ANALYSIS:
Consistent with Policy 1.6, the Community Development Department processes affordable
housing projects ahead of all other projects. This has been done since 1994. For each
affordable housing project application, planning staff notifies other reviewing departments
that the application is an affordable housing project and must be reviewed ahead of all other
projects. Overall, this process has worked well, with affordable housing projects identified
upfront and reviewing departments expediting these project reviews. For major affordable
housing projects, this process has saved applicants several weeks in application
review/processing time.
In 2019, after recommendation from the AHAC, the County revised the permit expediting
process further to make identification of affordable housing permits more identifiable. For
hardcopy permit application submissions, the new process uses a bright neon green
affordable housing permit expediting form and a similarly colored permit review folder to
designate the permit as a permit that must be expedited.
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5
More recently in 2020 in response to the COVID-19 health crisis, the Community
Development Department implemented an electronic permit e-mail application process for
all building permits, and this has now become a permanent feature. While not specific to
affordable housing, the electronic permit application process eliminates the time it takes to
produce paper copies and have them delivered. With this process, applicants may request
that the permit be expedited in the subject line of the e-mail and provide a copy of the neon
green permit expediting form.
RECOM MENDATION
The county should maintain Housing Element Policy 1.5, regarding web -based permitting,
and Policy 1.6, regarding prioritizing the permit process review of affordable housing
development projects ahead of all other projects. No other action is needed.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [%/] No ❑
39
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B. All allowable fee waivers provided for the
development or construction of affordable housing.
Impact fees and utility capacity charges are one time charges applied towards new
construction to generate the revenue necessary to make capacity producing capital
improvements. Overall, these impact fees and utility capacity charges increase the cost of
housing. Until Florida's 2019 legislative session, communities in Florida that adopted
impact fees were required by statute and/or case law to apply those impact fees to all
activities that create a demand for capital facilities. During the 2019 legislative session,
however, Florida's Impact Fee Act was amended to allow exemptions for affordable
housing (housing for households earning less than 120% of Area Median Income (AMI)).
In March of 2020 with the County's most recent impact fee study and fee schedule update,
Indian River County adopted a portion of the allowable affordable housing impact fee
waiver/reduction allowance as part of the County's Impact Fee Regulations under Title X
of the Indian River County code. Indian River County now provides:
• impact fee exemptions for single family homes of less than 1,000 square feet (under
air) for households with incomes below 80% of AMI; and
• impact fee reductions at 50% of the calculated rate for single family homes between
1,000 square feet and 1,500 square feet (under air) for households with incomes
below 80% of AMI.
In October of 2022 the Board of County Commissioners directed County Staff to prepare
a formal amendment to the County's Impact Fee Regulations under Title X of the Indian
River County code and to begin providing the following impact fee waiver/reductions per
the Pending Ordinance Doctrine:
• impact fee exemptions for single family homes of less than 1,500 square (under air)
for households with incomes below 80% of AMI; and
• impact fee exemptions for multifamily units of less than 1,500 square feet for
households with incomes below 80% AMI
Impact fees for single family homes of any square footage larger than 1,500 square feet
(under air) and impact fees for homes of less than 1,500 square feet (under air) not occupied
by households with household incomes of less than 80% of AMI continue to be collected
at the full calculated and adopted rates with no affordable housing reduction or waiver.
Currently, Indian River County provides SHIP program loans and grants of up to
$20,000.00 per unit to income eligible households for the cost of impact fees and utility
capacity charges for new units. The county also provides SHIP loans and grants for
existing units to connect to the county regional water and wastewater system. To obtain
SHIP impact fee funds, applicants must execute loan or grant agreements with the county,
indicating that they will comply with the county's Local Housing Assistance Program's
requirements. Those loans or grants are limited to income eligible households in the Very
low Income (VLI) (not to exceed 50% of the county's median income), Low Income (LI)
(51-80% of county's median income), and moderate income (MI) (between 81-120% of
the county's median income) categories.
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40
Besides providing impact fee loans and grants, the county also provides financing of water
and sewer capacity charges for new units and existing units connecting to the county
regional system. The following policies from the Housing Element of the Comprehensive
Plan provide for financial assistance for payment of impact fees and connection charges
for affordable housing units.
POLICY 4.3: The county shall maintain its current policy of financing water and sewer capacity charges
for newly constructed housing units.
POLICY 4.4: The County shall maintain its Housing Trust Fund which provides below-market interest
rate financing and/or grants for land acquisition, downpaymendclosing cost loans, impact fee%apacity
charges payment loans, and rehabilitation loans for affordable housing units in the county. The fund will
also assist non-profit facilitators with pre -development expenses associated with very low, low, and
moderate income housing development. Some disbursements from the Housing Trust Fund will be grants,
but the majority of funds will be revolving loans, with borrowers paying back principal and applicable
interest into the trust, therefore ensuring a permanent source of financing.
ANALYSIS:
Impact fees and utility capacity charges are needed to provide revenue for constructing
capacity producing capital improvements necessary to accommodate growth. Overall,
impact fee revenue partially funds construction of major roadways, libraries, schools,
parks, correctional facilities, fire/ems facilities, law enforcement facilities, solid waste
facilities, and public buildings, and capacity charges fund expansion of the county's
regional water and sewer system. These fees are based on fair share payments by the
people benefiting from the capital improvements, impact fees and utility capacity charges.
With respect to affordable housing, those fees increase the cost of housing and put a burden
on the production of affordable housing projects. To lessen the impact on affordable
housing projects the county in March of 2020 (upon recommendation by the AHAC and
approval by the BCC) implemented new impact fee waivers/exemptions impact fees for
single family homes of less than 1,500 square feet occupied by households earning less
than 80% of Area Median Income. The County's SHIP program also can be utilized to
provide impact fee loans and grants to extremely low, very low, and moderate -income
households and grants and loans to connect to the county water or sewer system (this
includes loans associated with new home construction to Habitat for Humanity clients).
Besides using SHIP funds, in the past the county has provided impact fee grants and loans
to eligible households as part of Community Development Block Grant (CDBG)
neighborhood revitalization and housing projects. Although CDBG funds can be used for
impact fee loans and grants, they are not always available to the County to utilize. This is
due to a number of factors including the fact that:
• the County must apply to the state for CDBG program funds for a specific project;
• the application process is highly competitive and awards are not guaranteed;
• the County can only have one active/open CDBG contract with the state at any
given time;
• at times the County submits CDBG applications and obtains awards for non-
housing related projects;
• CDBG awards can last from 2 to 4 years at a time; and
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• the County cannot apply for more CDBG funds until the previously awarded CDBG
project is complete and the awarded CDBG contract with the state is closed out.
Overall, the county has provided many SHIP impact fee grants/loans to eligible
households. Since this program has been successful, the county should keep its SHIP
Program impact fee assistance strategy for income qualified households. The County's new
impact fee waiver categories for single family and multifamily homes of less than 1,500
square foot for income eligible households should also be maintained and evaluated in
future years to determine their overall utilization and whether or not adjustments should be
made to the eligible categories.
RECOMMENDATION:
The county should maintain Housing Element Policy 4.3 and Policy 4.4, regarding
financing of impact fees, payment of impact fees, and payment of water and wastewater
capacity charges for income eligible households through SHIP funds. The County should
also maintain its newly adopted impact fee waiver and reductions under Title X of the
Indian River County Code for certain single-family and multifamily housing units occupied
by households with incomes of less than 80% of AMI; and the County should continue to
apply for other funding sources (such as CDBGs) to subsidize impact fees and utility
capacity charges.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [V] No ❑
42
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C.The allowance of flexibility in densities for affordable
housing.
Within Indian River County, the future land use map and zoning district designations
establish a maximum density or intensity for all properties. Overall, density is an important
factor in forming the character of a community and the preferred lifestyle of its residents.
While higher densities may result in lower housing costs, higher across the board densities
do not always translate into lower housing prices. Consequently, the preferred method for
reducing housing costs through increased density is to provide affordable housing density
bonuses associated with affordable housing projects. Currently, Housing Policy 2.5 and
LDR Section 911.14(4) provide affordable housing projects an up to a 20% density bonus
over the maximum density established by the underlying land use designation.
Currently, Housing Element Policy 2.5 and Section 911.14(4) of the LDRs provide for
affordable housing density bonuses. Section 971.41(9) of the LDRs provides for small lot
subdivisions for affordable housing.
POLICY 2.5: The County shall maintain its affordable housing density bonus provision for planned
development projects, allowing eligible affordable housing projects with a market value of affordable
housing units not to exceed 2 M times the county's median income, to receive up to a 20% density bonus
based on the following table -
Very Low
Income
(VLI) and
Low Income
Density
(LI)
Bonus
Range of Possible
Affordable
(Percent
Additional Density Bonus for Providing Additional Buffer
Density Bonus
Units
increase
and Landscaping based on one of the following options
Percentage
as
in
(percent increase in allowable units)
(Percent increase in
Percentage
allowable
allowable units)
Of
units).
Project's
Total
Units
Option I
Option II
Material equal to a 20'
Material equal to a 25'
wide Type C buffer* with 6'
wide Type B buffer* with 6'
opaque feature along
opaque feature along
residential district
residential district
boundaries and 4' opaque
boundaries and 4' opaque
feature along roadways
feature along roadways
More than
30%
10%
5% or
10%
10-20%
*Buffer types are identified in Chapter 926 of the county's Land Development Regulations
The county's current median income is $79,900 (per FHFA 4/18/22).
The County's Affordable Housing Density Bonus Provisions are Codified in Section
911.14(4) of the LDRs (See Attachment.
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As part of the AHAC's January 22, 2020 recommendations, the ARRC recommended
increasing the density bonus from 20% to 50%. The BCC agreed in concept, but requested
that the County Attorney's office review to consider any legal considerations and present
its findings to the BCC for a final determination. If reviewed and approved by the BCC,
staff will ultimately need to prepare draft revisions to Section 971.41(9) for BCC
consideration.
Another option to increase affordable housing project yields is the county's small lot
subdivision allowance. Although the county's small lot subdivision regulations, section
971.41(9) of the county's land development regulations, do not have an allowance for
density bonuses, the smaller lot configuration allows for more lots to be created. While a
standard RS -6 parcel (single family residential up to 6 units per acre) has a minimum lot
size of 7,000 square feet, the small lot subdivision regulation allows for lot sizes to be
reduced to 5,000 square feet. While standard RS -6 zoning typically yields about 2.5 to 3
units per acre, a small lot subdivision can yield up to 5 units per acre.
The county's Small Lot Subdivision for Affordable Housing Projects are Codified in
Section 971.41(9) of the LDRs (See Attachment 2).
As part of the ARAC's January 22, 2020 recommendations, the AHAC recommended and
the BCC approved in concept allowing very small lot subdivisions (smaller lots than
currently provided for in the small lot subdivision regulations. In the future, regulations for
very small lot subdivisions will be prepared and considered for adoption.
ANALYSIS:
The allowance of an up to 20% density bonus (or more based on recent recommendation
by the AHAC) for affordable housing projects and the county's small lot subdivision
provision and potential very small lot subdivision regulations approved in concept by the
BCC provide and can provide for the development of affordable housing projects with
higher densities and/or higher yields.
Those provisions are appropriate tools for providing density increases for affordable
housing projects. General density increases, however, are not acceptable in Indian River
County and may not result in less expensive homes.
RECOMMENDATION:
The county should maintain its affordable housing density bonus and small lot subdivision
provisions for affordable housing projects and move forward with providing specific
ordinance revision recommendations to the BCC for very small lot subdivisions and for
increased density bonuses for affordable housing development projects.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [V] No ❑
44
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D.The reservation of infrastructure capacity for housing
for very low income persons, low income persons, and
moderate income persons.
Consistent with state law, the Indian River County Comprehensive Plan provides that no
development, including housing development, shall be approved unless there is sufficient
infrastructure capacity or capacity funding available to serve the development. These
requirements are contained in Chapter 910, Concurrency Management System, of the
county's LDRs. This concurrency management requirement serves as the principal
mechanism for ensuring that growth is managed in a manner consistent with the provisions
of the comprehensive plan.
In Indian River County, there are two types of concurrency certificates. One is a
conditional concurrency certificate. A conditional concurrency certificate indicates that, at
the time of conceptual development approval, there is sufficient capacity to accommodate
the development. Conditional concurrency, however, does not require payment of impact
fees and water and sewer capacity charges and does not vest, or guarantee, that capacity
will be available at the time of building permit issuance. The second type of concurrency
is initial concurrency. Initial Concurrency requires payment of impact fees and water and
sewer capacity charges and vests (reserves capacity for) the development.
In Indian River County, initial concurrency certificates vest capacity for the duration of the
concurrency certificate, either one (1) year, three (3) years, or seven (7) years. According
to county regulations, initial concurrency certificates may be issued only to projects with
approved site plans or complete Land Development Permit applications. To obtain an
initial concurrency certificate, an applicant must pay all applicable impact fees, as well as
water and sewer capacity charges, in advance of development. This then vests the project
and guarantees that adequate infrastructure will be available for the project at the time of
building permit issuance. The vesting will last for the duration of the concurrency
certificate and will expire at the end of the concurrency certificate timeframe. After
issuance of an initial concurrency certificate, an applicant must obtain all building permits
associated with the initial concurrency certificate and pursue development to completion
by obtaining a Certificate of Occupancy (CO).
ANALYSIS:
Reserving infrastructure capacity upfront for a project is important if there are deficiencies
in concurrency related facilities. In Indian River County, there currently is sufficient
capacity in all concurrency related facilities to accommodate development projects.
Therefore, reserving capacity upfront is not a critical issue at this time.
�2
45
As development activity increases in the future, however, capacity may become an issue.
When that occurs, reserving capacity for a project may become an actuality. Reserving
capacity for one project means that the capacity reserved for the project is not available for
other projects. For that reason, the county requires that an applicant pay all impact fees and
utility capacity charges in order to reserve capacity, thereby ensuring that the county has
the funds to construct the increment of capacity consumed by the applicant's project. To
date, no affordable housing project or unit has been denied due to concurrency
requirements.
RECOMMENDATION:
The county should maintain its current concurrency management procedures which allow
for upfront reservation of infrastructure capacity. Like other applicants, affordable housing
applicants may apply for an Initial Concurrency Certificate and reserve infrastructure
capacity upfront. Each time the county evaluates its affordable housing incentives, the
county will also determine whether or not its concurrency requirements are an impediment
to approving affordable housing projects or issuing permits for affordable housing units.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [**/] No ❑
46
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E.Affordable accessory residential units.
Through its land development regulations, Indian River County permits the construction
of small dwelling units (second unit) as accessory to single family houses on a residentially
zoned property. This regulation is intended to make inexpensive dwelling units associated
with a primary residence available to low income households. Following is the applicable
LDR section for accessory dwelling units.
Section 971.41(10) of the LDRs Accessory Dwelling Unit:
a) The construction of an accessory dwelling unit on a residentially zoned lot shall be allowed subject to
the provisions of this section). The standards and requirements of this section are intended to make
available inexpensive dwelling units to meet the needs of older households, single member households,
and single parent households. This is in recognition of the fact that housing costs continue to increase,
that households continue to decline in size, and that the number of elderly Americans is on the rise.
(b) Districts requiring administrative permit approval,
A-3
A-2
A-1
RFD
RS -1
RS -2
RS -3
RS -6
RT -6
RM -3
RM4
RM -6
RM -8
RM -10
Con -2
Con -3
Rose4
RMH-6
RMH-8
I Requirements of section 971.41(10) shall not supersede property owner deed restrictions.
(d) Additional information required.
1. A site plan conforming to Chapter 914 requirements.
e) Criteria for accessory dwelling units:
1. Accessory dwelling units shall be located only on lots which satisfy the minimum lot size requirement
of the applicable zoning district, with the exception of legal nonconforming lots that are at least 75 feet
wide and have a minimum lot area of 9,750 square feet
2. Any accessory dwelling unit shall be clearly incidental to the principal dwelling and shall only be
developed in conjunction with or after development of the principal dwelling unit.
3. On lots that are less than 200,000 square feet in size, not more than: one (1) accessory dwelling unit
shall be established in conjunction with a principal dwelling unit
4. No accessory dwelling unit shall be established in conjunction with a multifamily dwelling unit
5. For lots that are one(]) acre in size or less, the heated/cooled gross floor area of the accessory dwelling
unit shall not exceed fifty (50) percent of the heated/cooled gross floor area of the principal structure or
one thousand,000) gross square feet, whichever is less. For lots greater than one (1) acre in size or less,
the heated/closed gross floor area of the accessory dwelling unit shall not exceed fifty (50) percent of the
heated/cooled gross floor area of theprincipal structure or one thousand two hundred (1,200) gross square
feet, whichever is less. Existing accessory dwelling units may be enlarged consistent with the above
allowances. Any accessory dwelling unit shall be no smaller than three hundred (300) gross square feet
of heated/cooled area.
6. Lots two hundred thousand (200,000) square feet in size or greater maybe allowed a second accessory
dwelling unit not exceeding sir hundred (600) square feet in size.
7. For lots that are less than two hundred thousand (200,000) square feet in size, detached accessory
dwelling units shall be located no farther than: seventy-five (75) feet in distance from theprincipal dwelling
unit from the closest point of the principal dwelling unit to the closestpoint of the accessory dwelling unit
For lots two hundred thousand (200,000) square feet in size or greater, the maximum distance separation
shall be one hundred fifty (150) feet measured in the same mariner.
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8. Excluding converted garage accessory dwelling units, the accessory dwelling unit shall be designed so
that the exterior facade material is similar in appearance to the facade of the existing principal structure.
9. One(]) off-street parking space shall be provided for each accessory dwelling unit in addition to the
minimum spaces required for the principal dwelling unit
10. The accessory dwelling unit shall be serviced by centralized water and wastewater, or meet the
environmental health department's well and septic tank and drain field requirements. Modification,
expansion or installation of well and/or septic tank facilities to serve the accessory dwelling unit shall be
designed in a manner that does not render any adjacent vacantproperties "unbuildable"for development
when well and/or septic tank facilities would be required to service development on those adjacent
properties.
11. No accessory dwelling unit shall be sold separately from the principal dwelling unit All accessory
dwelling unit and the principal dwelling unit shall be located on a single lot or parcel or on a combination
of lots or parcels unified under a recorded unity of title document
12 An accessory dwelling unit shall be charged an impact fee based on the lowest appropriate residential
unit impact fee category
13. Mobile or manufactured homes and recreational vehicles shall not be used as accessory dwelling uits.
The accessory dwelling unit shall mee the minimum requirements for a dwelling unit in accordance with
the Florida Building Code.
14. All applicable zoning district regulations pertaining to setbacks and lot coverage provisions shall be
met
15. An accessory dwelling unit shall not be operated as a vacation rental, as defined in Section 901.03. No
accessory dwelling unit may be utilized for commercial purposes or may be permitted to obtain home
occupation permit
On February 18, 2020, the BCC approved a recommendation by the AHAC to increase the
square footage cap for accessory dwelling units from 33% to 50% of heated/cooled gross
floor area of the principal home and to keep the 750 square foot under air cap, except for
lots greater than one acre in size containing a principal residence greater than 2,500 square
feet under air. In those cases, the accessory dwelling unit cap would be 1,000 square feet.
On June 19, 2022 the BCC approved an LDR amendment that increases the maximum size
for ADUs to 50% of the heated/cooled area of the primary residence or 1,000 square feet
(this is increased to 1,200 sf for lots exceeding one acre in size), whichever is less. On
parcels that are 200,000 square feet or larger, a second accessory dwelling unit is allowed
as long as the size does not exceed 600 sf.
ANALYSIS:
On September 29, 1992, the Board of County Commissioners adopted the county's
accessory dwelling unit provision. In Indian River County, accessory dwelling units are
allowed in all residential zoning districts. In addition to allowing for these smaller units,
Section 971.41(10) of the county's land development regulations establishes specific land
use criteria to regulate the size, location and appearance of these units and prevent over
crowding.
Even though the county has allowed accessory dwelling units since 1992, these types of
units were not popular until 2004, when the price of land and housing started to increase.
When housing affordability became an issue, more people started looking at ways to create
affordable housing units. One method was to build more accessory dwelling units. These
types of units are appropriate as affordable housing units. Recently recommended revisions
will allow more opportunities for homeowners to create more appropriately sized
affordable housing units throughout the Unincorporated County.
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RECOMMENDATION:
The county's accessory dwelling unit provision with modifications proposed by AHAC
and adopted by the Board of County Commissioners is appropriate.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [**/] No ❑
49
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F. The reduction of parking and setback requirements
for affordable housing.
As structured, the county's Land Development Regulations establish minimum setback and
lot size requirements for both single family residential zoning districts and multiple family
residential zoning districts. These setback requirements provide a standard separation
between houses and between houses and roadways. For affordable housing projects, the
small lot subdivision provisions of section 971.41 of the LDRs allow for a reduction of lot
size and building setbacks for single family homes.
In the RS -6 zoning district, for example, single family homes are required to have a
minimum lot width of seventy (70) feet. With small lot subdivisions, however, lots having
a minimum width of only fifty (50) feet and reduced side yard setbacks of seven (7) feet
(instead of ten (10) feet) can be created. While rear yard setbacks are reduced from 20 feet
to 15 feet, the minimum front yard setback on all single family homes from the edge of
right-of-way is twenty (20) feet. This setback distance allows for cars to be parked in the
driveway and not block the sidewalk or impede pedestrian movement.
More recently, the AHAC proposed and on February 18, 2020 the BCC approved the
concept of allowing for very small lot subdivisions that would have lots as narrow as 36
feet. While the concept needs to be presented in code form to the BCC, it is anticipated
that side, front, and rear yard setbacks will be similar to those of the County's small lot
subdivision provisions.
For residential uses, throughout the County's various residential zoning districts, the
county requires two parking spaces for each dwelling unit. This requirement is detailed in
section 954.05(56) and is as follows:
Section 954.05(56)
Single-family dwellings and duplexes. Two (2) spaces for each dwelling unit; single-family
dwellings and duplexes shall be exempted from all other requirements in subsection
954.07(4) and 954.10. Uncovered parking spaces shall be exempted from the front yard
setback requirements.
ANALYSIS:
To ensure health and safety, all residential development must meet current minimum
parking and setback requirements for the appropriate zoning district as established in the
county LDRs. For example, the county's 20 -foot minimum front yard setback provides
enough distance, but not an excessive distance, for parking a vehicle in a driveway without
the vehicle projecting into the sidewalk. Reducing or eliminating parking requirements
would force residents to park in roadway rights-of-way. This could create safety issues
unless minimum mandatory right-of-way widths are increased (which would reduce lot
depth and area).
Generally, reduced setbacks for affordable housing projects are appropriate, because
reduced setbacks can increase yield and reduce housing prices. In Indian River County,
50
17
the small lot subdivision allowances provide for reduced lot sizes, as well as reduced side
yards and reduced rear yards setbacks, for affordable housing projects only. The very small
lot subdivision concept proposed by AHAC and conceptually approved by the BCC on
February 18, 2020 would serve to maintain an appropriate front yard setback but would
reduce lot widths to as little as 36 feet. This would provide for the development of more
homes and help to reduce overall development costs, while maintaining minimal but
acceptable setback distances.
RECOMMENDATION:
The county's current parking requirements are appropriate and should be maintained.
Through its small lot subdivision allowance, the county provides for appropriate reduced
setbacks for affordable housing projects. This small lot subdivision allowance should be
maintained. The additional very small lot subdivision allowance should be evaluated
further and considered for adoption provided appropriate spacing and setbacks can be
achieved while providing for appropriate home size and configurations.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [%/] No ❑
18
51
G. The allowance of flexible lot configuration, including
zero lot line configurations for affordable housing.
Currently, the Board of County Commissioners may grant waivers from the residential
development standards found in Chapter 911 of the LDRs through the Planned
Development (PD) process established in Chapter 915 of the county LDRs. If granted,
these waivers can allow for development of small lot configuration, zero lot line and
reduced setback projects. The waiver criteria for the PD process are found in section 915.15
of the LDRs and are provided below.
Section 915.15.
Planned development allowable waivers and development parameters.
(1) Conceptual P.D. plans shall list, for all areas and phases within the P.D. project area, theproposed
waivers and developmentparameters for the following:
a. Minimum lot size (in square feet);
b. Minimum lot width (in feet);
c. Minimum lot frontage (in feet);
d. Minimum yard setbacks for buildings: front, rear, and side;
e. Minimum yard setbacks for accessory structures (such as pools, patios, and decks); front, rear, and
side;
f. Maximum lot coverage; building(s) and impervious surface area;
g. Minimum separation distances between buildings;
h. Minimum right-of-way widths (by road type);
L Minimum open space per lot and by phase [Note: The minimum open space for the entire project shall
meet or exceed the requirements of section 915. 18.]
j. Minimum preservation/conservation area per lot.
Note: more conceptual plan submittal requirements are listed -out in section 915.22
(2) Notwithstanding other provisions in this chapter (915) and Chapter 971, specific land use criteria
listed in Chapter 971 may be waived (modified or not applied) where such criteria would merely apply to
the compatibility of uses within the P.D. project area if approved by the county. Where specific land use
criteria apply to the relationship of a use(s) within a P.D. project and properties adjacent to the project
area, the specific land use criteria shall apply pursuant to the provisions of chapter 971.
(3) The conventional standards and criteria found in Chapter 911, Zoning, not covered in section
915.15(1) shall apply unless otherwise specifically waived or modified by other provisions of this chapter.
ANALYSIS:
Generally, the PD process serves as a mechanism whereby the county can approve projects
with reduced setbacks and/or mixed uses. The advantage of using the PD process instead
of traditional zoning is that an applicant can increase or at least maximize his development
project's density. In the PD process, however, there are development required trade-offs,
such as additional landscaping, which are required to gain the waivers for smaller lots and
higher yield. These trade-offs can have the effect of off -setting any housing unit price
reductions due to increasing yield. The county's small lot subdivision allowance, however,
provides for specific reduced lot sizes, and setbacks without requiring any specific waivers.
This is anticipated to be to a greater extent true with potential very small lot subdivision
regulations recommended by the AHAC and conceptually approved by the BCC on
February 18, 2020.
County Planning Staff are in the process of studying the inclusion of affordable housing as
a public benefit in the PD process. Once a quantifiable understanding of the full benefit of
52
19
affordable housing is established in comparison to other proposed benefits. Then staff will
be able to move forward with making affordable housing a regular component of residential
planned developments.
RECOMMENDATION:
The county should maintain its existing PD process which allows for waivers from
conventional zoning standards (setbacks, lot size, etc.) as an available option for residential
development projects. The County should continue to investigate the inclusion of
affordable housing in the PD process, and then move towards making it a regular
component of a residential planned development.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [*+/] No ❑
53
20
H. The modification of street requirements for affordable
housing.
As adopted, the county's existing sidewalk and street requirements provide for minimum
construction standards to ensure public safety. According to section 913.09(b)(1)
(Subdivisions and Plats) of the LDRs, all subdivisions must comply with the minimum
standards set forth in Chapter 952 (Traffic). While Chapter 952 sets the minimum right-
of-way width for a local or residential street at 60 feet, the minimum right-of-way width
may be reduced to 50 feet if the street is constructed with a curb and gutter drainage system.
In both cases, however, minimum lane widths remain the same at 11 feet. Although there
is a higher cost associated with curb and gutter construction than with swale drainage, the
reduction in the amount of right-of-way can produce a higher yield for a project. These
street right-of-way requirements can be modified through the Planned Development (PD)
process.
Following is the county's current minimum right-of-way requirement.
913.09(b)(1)
Minimum street and rights-of-way widths. The minimum street and rights-of-way widths shall be as stated
in Chapter 952, Traffic, of the LDRs. The board of county commissioners may require the increase of
right-of-way andpavement widths if it finds that the modification in width is consistent with theprojected
traffic needs and good engineering practice. No variance will begranted on minimum right-of-way widths
for public streets. Right-of-way widths for one-way streets may be reduced from the above standards as
approved by the public works director.
ANALYSIS:
As structured, the county's minimum street right-of-way width requirements are based on
the minimum area needed to accommodate the various improvements that must be located
in the right-of-way. Besides travel lanes, sidewalks, and drainage facilities, these
improvements include water and sewer lines, gas lines, phone lines, cable lines, and others.
Since the referenced improvements must be provided for in the road right-of-way, the
county has determined that the minimum right of way width generally must be 60 feet for
swale drainage roads and 50 feet for curb and gutter roadways. Reductions in those widths,
however, may be accommodated via special designs approved through the County's PD
(Planned Development) process.
Because the county's minimum local road right-of-way width requirement may be
modified through a PD process, when warranted, the county accommodates the subject
incentive.
RECOMMENDATION:
The county's current street right-of-way general requirements are appropriate to ensure
public safety, and the County's current allowance for modifications through the PD
approval process should be maintained.
54
21
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [**/] No ❑
22
55
I. The establishment of a process by which local
government considers, before adoption, policies,
procedures, ordinances, regulations, or plan
provisions that increase the cost of housing.
Currently, Policy 1.7 of the Housing Element of the Comprehensive Plan requires that a
financial impact statement be provided to appropriate advisory committees as well as to
the Board of County Commissioners prior to the adoption of any new county regulation
that may increase the cost of housing. Below is Policy 1.7 of the Housing Element of the
Comprehensive Plan which details the adoption process for county regulations that may
increase the cost of new housing.
POLICY 1.7: As part of the adoption process for any county regulation which could affect housing
development, county planning staff shall prepare a Financial Impact Statement to assess the anticipated
impact of the proposed regulation on the cost of housing. When proposed regulatory activities are
anticipated to increase the estimated cost per unit for the development of housing, the Financial Impact
Statement shall include an estimated increased cost per unit projection. The financial impact statement
then will be reviewed by the Planning and Zoning Commission, and, if possible, the Affordable Housing
Advisory Committees Those groups shall consider the regulation's effect on housing cost in making their
recommendation to the Board of County Commissioners. The Board of County Commissioners will
consider the financial impact statement in making its final decision on the adoption of any proposed
regulations.
ANALYSIS:
Since 1994, staff has prepared Financial Impact Statements for all proposed new
regulations impacting housing costs. By providing Financial Impact Statements of
proposed regulations to decision -makers before the adoption of those regulations, planning
staff ensures that decision -makers consider the costs as well as the benefits of proposed
new policies, ordinances, and regulations. While these Financial Impact Statements do not
prevent the Board of County Commissioners from adopting new regulations, the statements
do provide the Board with an additional tool to measure the effect of proposed regulations.
RECOMMENDATION:
The county's current process of providing Financial Impact Statements to the Board of
County Commissioners prior to adoption of any new regulations, ordinances, policies,
procedures, or plan provisions that may increase the cost of affordable housing should be
maintained.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [V]
No ❑
56
23
J. The preparation of a printed inventory of locally
owned public lands suitable for affordable housing.
In 2006, the Florida State Legislature passed HB 1363 relating to affordable housing. One
provision of that bill was that each local government must prepare an inventory of all real
property that it owns within its jurisdiction that is appropriate for use as affordable housing.
Beginning in July 2007 then every 3 years thereafter, Indian River County needs to prepare
an inventory list of all real property within its jurisdiction to which the county holds fee
simple title and is appropriate for use as affordable housing.
At a public hearing on June 19, 2007, the Board of County Commissioners reviewed an
inventory list of 2007 county owned properties. The Board then adopted a resolution that
included an inventory list of county owned properties that are appropriate for affordable
housing. With respect to those properties, the Board of County Commissioners decided to
donate the parcels to non-profit housing organizations for the construction of permanent
affordable housing.
Consistent with the legislature's three-year review requirement, the Board of County
Commissioners, in 2010, 2013, 2016, 2019, and 2022 reviewed an associated inventory list
of county owned properties appropriate for the provision of affordable housing. At those
times, the Board decided to sell surplus properties and deposit the sale proceeds into the
county's affordable housing trust fund and to donate surplus properties to non-profit
affordable housing developers.
Comprehensive Plan Housing Element Policy 2.4 provides for maintaining an inventory of
all surplus county -owned land and making those lots available to housing developers.
POLICY 2.4: The county's general services department shall, pursuant to section 125.379 F.S., maintain
an inventory of all surplus county -owned land and foreclosed properties that are appropriate for
affordable housing and dispose of these properties consistent with section 125.379 F.S. requirements.
ANALYSIS:
Consistent with state law, the Board of County Commissioners, in 2007, reviewed and
approved an inventory list of county owned properties. Of all the properties on that list,
ten were determined to be appropriate for affordable housing. The county then donated
eight of these properties to non-profit affordable housing organizations for the construction
of permanent affordable housing units. The non-profit housing organizations which
received the donated lots were: Habitat for Humanity, Every Dream Has a Price, and the
Coalition for Attainable Homes. Donating county owned surplus lands to non-profit
housing organizations will reduce the cost of affordable housing units on the donated
properties and is an appropriate affordable housing tool.
In 2010, 2013, 2016, 2019, and 2022 the county reviewed and approved its associated
inventory lists of county owned properties. The board determined properties to be surplus
and directed staff to donate certain properties to non-profit housing organizations and to
sell remaining properties and deposit the proceeds to the county's affordable housing trust
fund.
57
24
RECOMMENDATION:
Policy 2.4 of the Housing Element should be maintained, and the county should continue
to keep a list of county owned surplus properties appropriate for affordable housing and
disposing of those properties.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [V] No ❑
58
25
K. The support of development near transportation
hubs and major employment centers and mixed-use
developments.
In Indian River County, the Future Land Use Map (FLUM) identifies areas appropriate for
residential development and the appropriate density for those areas. The objective of the
FLUM is to create a land use pattern that situates residential development in close
proximity to schools, health care facilities, employment centers, and major roadways.
Policy 1.9 of the housing element provides support of development near transportation
hubs, major development centers, and mixed-use developments. The policy reads as
follows:
Policy 1.9: The county shall support housing development near transportation hubs,
major employment center, and mixed-use development by expediting the permit process
for these types of housing projects
ANALYSIS:
In Indian River County, the future land use map is an important tool in establishing
appropriate locations for residential development. Generally, the map provides for
residential development to be located near compatible land uses, existing neighborhoods,
and proximate to public transportation, major employment centers, and community
services. Ideally, affordable housing projects should be located near employment centers
and transportation hubs for additional savings in terms of transportation cost and travel
time. For that reason, the county supports locating affordable housing developments near
transportation hubs, major employment centers and mixed-use developments by expediting
the permit process for these types of housing projects.
RECOMMENDATION:
The county should maintain housing element policy 1.9 for support of residential
developments to be located near transportation hubs, employment centers, and mixed-use
developments by expediting permit review for these types of developments. At its next
Evaluation and Appraisal Report (EAR) review, the county will examine its land use
policies and land use designations to determine if such policies and designations are
appropriate for encouraging development near transportation hubs and major employment
centers and consistent with a recent AHAC recommendation will evaluate the need for
additional multi -family allowances (either through increased multi -family zoning or
increased allowances for multi -family housing in other zoning districts). Solutions will be
reviewed with the County Attorney to consider any potential legal issues and proposed to
the BCC.
59
2b
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [*/] No ❑
Other Housing Strategies
Besides the affordable housing incentives listed in paragraphs A through K of Section
420.9076 F.S., the county has established several other policies to assist non-profit housing
organizations to provide affordable housing throughout the county.
Community Land Trust (CLT)
Policy 4.10 of the Housing Element reads as follows:
Policy 4.10: the county shall assist non-profit housing organizations in establishing
Community Land Trusts (CLT) by providing technical support to those organizations.
One tool to provide homeownership opportunities to households that would otherwise be
renters is a Community Land Trust. A Community Land Trust (CLT) is a nonprofit
organization that seeks to preserve housing affordability over the long term. By selling homes
to low or moderate -income families, but retaining ownership of the land under those homes,
a CLT preserves housing affordability even after an affordable housing unit is sold.
Generally, a CLT leases a land parcel to a homeowner for 99 years, while the homeowner
owns the structure on the land.
In the land trust model, buyers of land trust homes agree that, when they move, they will sell
their home to another low or moderate -income family at an affordable price. Consequently,
resale of CLT units is limited to income eligible households, and resale prices are limited to
keep CLT units affordable for the next homebuyer. By owning the land under the house, the
land trust ensures that the subsidy is retained for the benefit of subsequent families. Therefore,
the owner of a CLT unit may share in the equity produced by the sale of a CLT unit, but will
not realize a market rate of return.
According to the Central Florida Workforce Housing Toolkit, some of the most established
CLT's are Durham, North Carolina; Burlington, Vermont; The New Town, Tempe, Arizona;
Sawmill, Albuquerque, New Mexico; Middle Key, Florida; and Hannibal Square, Winter
Park, Florida.
Generally, CLTs are used:
■ In fast-growing areas, where the price of real estate is escalating rapidly. They can be
used in gentrifying areas to preserve a community's character. Limits on resale prices
ensure that some housing remains affordable, even in these areas.
■ In disinvested neighborhoods, where CLTs can be used to increase owner occupancy,
decrease absentee ownership, improve the physical condition of housing and stabilize
60
27
the community. Such CLTs assist not only the buyers of the CLT homes, but also
existing homeowners in the area, who likely are lower income families.
In expensive resort communities, where CLTs can provide housing for the
community's workers.
Benefits:
- Provides permanent stock of affordable & workforce housing
- Lowers housing cost
- Provides some return of equity
- Provides for deduction of mortgage interest payments
- Provides financial stability (no fear of rent increase)
- No cost to the county
Issues:
- Better for a household than renting, but not as good as traditional home ownership
- Resale restriction limits ability of the owner to utilize full equity
- Resale formula must be prepared carefully to provide some benefit to homeowner
without making the house unaffordable for the next homebuyer
- Mechanics of resales (direct sale or through CLT) are complicated and must be
established upfront
- Payment of ad valorem taxes and insurance are additional costs that an owner of
a CLT home must incur that a renter does not
Conclusion:
A CLT is an effective method of providing affordable homeownership opportunities.
Although CLTs are generally established by private non-profit groups, local governments
usually assist non-profit housing groups which are willing to form CLTs. This assistance may
involve providing technical assistance, providing surplus properties appropriate for affordable
housing and others.
RECOMMENDATION:
The county should maintain Housing Element policy 4.10 for assisting non-profit housing
organizations seeking to establish a CLT.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [*+/] No ❑
61
28
Private/Public Housing Trust Fund
Policy 4.13 of the Housing Element reads as follows:
Policy 4.13: The county shall create a new private/public housing trust fund
Generally, Housing Trust Funds are established through an ordinance or legislation passed by
a county, city, or state legislature. Two steps are necessary to create a Housing Trust Fund.
First, a revenue source must be dedicated to the Housing Trust Fund, or other obligations (e.g.,
developer extractions) that create revenue must be established. Second, the Housing Trust
Fund must be created as a separate and distinct entity that can receive and disburse funds.
Currently, the county has a housing trust fund for SHIP program funds and an HIM trust fund
for HHR program funds.
A private/public housing trust fund may be established by a city or county to collect public
and private funds that may be used to assist income eligible households with the provision of
affordable housing. A private/public trust fund would be separate from a SHIP trust fund.
Benefits:
- Can provide gap financing (low interest loan or grant)
- No cost to the county, unless the county decides to contribute to the trust fund
- Local governments that cannot provide affordable housing within their
jurisdictions could contribute to a trust fund
- Could be used as match to get other federal or state funds
- Additional funding for provision of Affordable or Workforce Housing (gap
financing or leveraging other funds).
Issues:
No major issues
Conclusion:
Establishing a private/public housing trust fund could facilitate the provision of more
affordable housing. Within Indian River County, high cost barrier island towns that cannot
provide affordable housing within their jurisdiction could contribute to a private/public
affordable housing trust fund. Also, private parties, businesses, and developers could
contribute money to this trust fund.
RECOMMENDATION:
The county should maintain Housing Element policy 4.13 for its current SHIP trust fund and
in support of other trust funds that may be established in the future.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [V] No ❑
62
29
Community Development Corporation (CDC)
Policy 4.11 of the Housing Element reads as follows:
Policy 4.11: The county shall assist non-profit organizations in establishing Community
Development Corporations (CDC) by providing technical support to those organizations.
Community Development Corporation (CDC) is a broad term referring to not-for-profit
organizations incorporated to provide programs, offer services, and engage in other activities
that promote and support a community. CDCs usually serve a geographic location such as a
neighborhood or a town. They often focus on serving lower-income residents or struggling
neighborhoods. They can be involved in a variety of activities, including economic
development, education, and real estate development. These organizations are often
associated with the development of affordable housing.
Activities:
Benefits:
■ Real estate development
- affordable housing
■ Economic development
-small business lending
-small business technical assistance
-small business incubation (i.e. provision of space at low or no cost to
start-up businesses)
■ Education
-early childhood education
-workforce training
■ Non-profit incubation
■ Youth and leadership development
■ Advocacy
■ Community Planning
■ Community Organizing
Facilitates development of affordable or workforce housing
Advocates for affordable housing
No cost to the county
Issues:
No major issues
Conclusion:
An active CDC can assist with the provision of affordable housing.
RECOMMENDATION:
The county should maintain policy 4.11 of the Housing Element for providing assistance to
any not-for-profit organization proposing to form a CDC.
63
30
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [`/] No
31
V
Employer Assisted Housing
Policy 4.12 of the Housing Element reads as follows:
Policy 4.12: The county shall assist employers with establishing employer assisted housing
projects by providing technical support to those employers.
Employer Assisted Housing (EAH) is an initiative where employers can assist their
employees in purchasing a home; in exchange, the employer is guaranteed that the
participating employee will remain with the firm for a designated period of time. The
employee benefits as he/she receives substantial assistance in obtaining a home. The
employer benefits as the program is an effective recruitment tool and aids in the retention of
employees.
Employers who wish to assist employees with housing can undertake any number of activities,
including: providing (or partnering with another agency to provide) homeownership
education and counseling services; providing down payment assistance, closing cost
assistance and/or second mortgage financing as grants, low or no -interest loans or forgivable
loans; offering an employee a savings plan with the employer making a matching
contribution; providing a mortgage guarantee to assist employees with securing financing; or
acquiring property to rent to employees, either at market or subsidized rates.
Employer assisted housing programs generally are used in areas where housing prices are
high and/or unemployment is low, and in areas where one employer is dominant.
Benefits:
Issues:
Provision of affordable or workforce housing
Effective recruitment and retention tools for large private and public employers
Additional cost to employer
Conclusion:
Employer assisted housing is an effective program for employers to provide affordable
housing for workers and to retain those workers for longer periods.
RECOMMENDATION:
The county should maintain Housing Element policy 4.12 for assisting employers with
establishing an employer assisted housing program.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [�] No ❑
65
32
New Construction Technologies
Policy 1.8 of the Housing Element reads as follows:
Policy 1.8: The county shall expedite permits for housing projects utilizing new
construction technologies, including green building programs and Energy STAR®
Program.
New construction technologies (such as modular homes, factory made tiny homes, etc.) and
new green building programs may be utilized for the provision of affordable housing. In some
cases, new construction technologies can expedite the construction of new affordable homes
and be more cost effective.
As part of the January 22, 2020 AHAC recommendations approved by the BCC, is a
recommendation to develop tiny and modular home information packets. Those packets once
developed will be made available to homeowners and builders to inform them of the
possibilities, key code allowances and requirements, and review processes related to them.
The informational packets should serve to promote more affordable housing by simply
presenting the option and helping to facilitate their expedited development through
prompt/informative information.
Benefits:
Decreases housing cost
- Expedites housing production
Issues:
- None
Conclusion:
This is an effective way of reducing housing cost. Currently, the county allows new
construction technologies, including green building programs, and expedites permits for
affordable housing projects. Providing detailed information will help to encourage and
ultimately facilitate development of new affordable housing types.
RECOMMENDATION:
The county should maintain Housing Element policy 1.8 for expediting permits for
affordable housing projects utilizing new construction technologies and green building
programs.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [**/] No ❑
66
33
CONCLUSION
Since adoption of the County's Comprehensive Plan Housing Element in 1990, adoption
of the County's Affordable Housing Incentive Plan in 1994, and then adoption of the
County's EAR based amendments in 2010, the county has established and maintained a
number of affordable housing incentives. As such, Indian River County currently provides
ten of the eleven affordable housing incentives listed in items A through K of Section
420.9076(4) F.S. For reasons explained in the analysis, the item H incentive relating to
modification of street requirements has not been adopted and is not recommended for
adoption.
In the past, the county's ten adopted affordable housing incentives have worked well in
encouraging non-profit housing organizations and for-profit affordable housing developers
to provide affordable housing. Recent analysis by the AHAC, has identified opportunity
for revision to several of the existing incentive strategies. Those proposed revisions
include ordinance revisions to allow very small lot subdivisions (in addition to the current
allowance for small lot subdivisions), increased accessory dwelling unit size, impact fee
exemptions for affordable housing, and greater affordable housing development density.
County Staff have been able to implement increased accessory dwelling unit size over the
last year, and are currently in the process of implementing additional impact fee waiver
exemptions. Other initiatives will each need to be reviewed in greater detail, drafted in
ordinance format, and presented to the BCC for final review and consideration.
The table on the next page provides a summary of recommendations for items A through
K of Section 420.9076, F.S.
67
34
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AHAC RECOMMENDATION:
The Affordable Housing Advisory Committee recommends that the Board of County
Commissioners approve the 2022 AHAC Report, maintain the county's current affordable
housing incentives, and proceed with additional revisions to the incentive as outlined in
this report.
FACommunity DeveloptnenASHMAHACUNNUAL INCENTIVE REPORT AND LHAP REVISIONS\2021 Incentives
Report\AHAC 2021 report _draft.docx
38 71
-c,
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown; County Administrator
THROUGH: Phillip J. Matson, AICP; Community Development Director
Brian Freeman, AICP; MPO Staff Director
FROM: Jon Howard; Senior Transportation Planner
DATE: November 18, 2022
SUBJECT: Approval of a Public Transportation Grant Agreement (PTGA) with the Florida
Department of Transportation (FDOT) for a Public Transportation Block Grant
It is requested that the information herein presented be given formal consideration by the Board
of County Commissioners at its regular meeting of December 6, 2022.
DESCRIPTION & CONDITIONS
Each year, Indian River County receives public transportation operating assistance through the
Florida Department of Transportation (FDOT) Public Transportation Block Grant program. The
FDOT Block Grant funds are combined with local funds as a match towards federal transit
operating assistance received under 49 USC Ch. 53, Section 5307 (also known as the Urbanized
Area Formula Grant program) and Section 5311 (also known as the Rural Area Formula Grant
program). These state and federal grant funds are passed through to the Senior Resource
Association (SRA), Indian River County's designated transit service provider. SRA operates the
GoLine (fixed -route) and the Community Coach (demand response) transit services.
For FY 2022/23, $610,368 has been allocated through the state Block Grant program to the
county. Because the Block Grant has a 50% match requirement, the county is required to provide
a local match of $610,368. As was the case in previous years, matching funds will come from the
County's normal transit allocation. Together, the Block Grant funds and local funds ($1,220,736)
will be applied as a local/state match towards federal operating assistance through the Section
5307 program.
ANALYSIS
As with the FTA Section 5307 grant program, only public agencies may be designated recipients
of Block Grant funds pursuant to state regulations. Also, activities funded with Block Grant funds
C:\Granicus\Legistar5\LS\Temp\852865b0-c923-4x28-b906-e8e5ac9c5a51.docx 72
must be consistent with applicable approved local government comprehensive and transit plans.
In this case, the provision of transit service is consistent with the MPO's adopted 10 -year Transit
Development Plan and 2045 Long Range Transportation Plan.
To receive the Block Grant funds, the County must enter into a Public Transportation Grant
Agreement with FDOT, a copy of which is attached to this staff report (Attachment #2). The
attached resolution (Attachment #1) authorizes the Chairman of the Board of County
Commissioners to execute the PTGA for Public Transportation Block Grant funds. Upon the
Board's adoption of the resolution and the Chairman's execution of the PTGA, County staff will
transmit the grant agreement to FDOT. Once the PTGA has been executed by FDOT, the funds
will be transmitted to the County and passed along to the Senior Resource Association (SRA), the
County's public transportation provider.
The grant agreement covers a three-year period and includes funding for the first year (FY
2022/23). Any unexpended funds in the first year will carry over to the remaining two years of
the agreement.
FUNDING
Funding in the amount of $610,368 will be budgeted and available in the General
Fund/Community Transportation Coordinator account (Account Number 00111041-088230).
These funds are part of the allocation given to the Senior Resource Association to provide transit
service in the county.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the Public Transportation
Grant Agreement and adopt the resolution authorizing the Chairman to sign the agreement.
ATTACHMENTS
1. Authorizing Resolution for the Execution of a Public Transportation Grant Agreement
2. FDOT Public Transportation Grant Agreement
3. Grant Budget Form
C:\Granicus\Legista r5\L5\Tem p\852865b0-c923-4a28-b906-eBeSac9c5aS Ldocx 73
RESOLUTION NO. 2022-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A
PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION.
WHEREAS, funding under the Florida Public Transit Block Grant Program may be used as
a portion of the required funding match for grants under 49 USC Ch. 53, Section 5307; and
WHEREAS, Indian River County intends to submit an FY 2022/23 application for funding
assistance under 49 USC Section 5307, with the required funding match to come from local funds
and an FY 2022/23 Florida Public Transportation Block Grant; and
WHEREAS, Indian River County is eligible to receive grant funding under Section
341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and
WHEREAS, the Florida Department of Transportation provides Public Transportation Block
Grant funds to Indian River County to assist in the continuance and expansion of local public
transportation services.
NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS:
That the Chairman of the Indian River County Board of County Commissioners is authorized
to execute a Public Transportation Grant Agreement with the Florida Department of
Transportation to obtain FY 2022/23 Florida Public Transportation Block Grant funding to
be used as a partial match for operating assistance as part of the County's FY 2022/23
Section 5307 grant application.
2. That the Indian River County Community Development Director or his designee is
authorized to furnish such additional information as the Florida Department of
Transportation may require in connection with the County's FY 2022/23 Public
Transportation Block Grant.
THIS RESOLUTION was moved for adoption by , and the
motion was seconded by , and, upon being put to a vote, the vote was
as follows:
Chair Joe Earman
Vice -Chair Susan Adams
Commissioner Joseph E. Flescher
Commissioner Daryl Loar
Commissioner Laura Moss
C:\Granicus\Legistar5\L5\Temp\bae4cIa9-3866-40ea-b802-4385a619dd80.docx Page 1 0-14
RESOLUTION NO. 2022 -
The Chairperson thereupon declared the resolution duly passed and adopted this 6th day of
December .2022.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:
Joe Earman, Chair
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Deputy Clerk
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State
and County to take acknowledgments, personally appeared Joe Earman, as Chair of the Board of
County Commissioners, and , as Deputy Clerk, to me known to be the
persons described in and who executed the foregoing instrument and they acknowledged before me
that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this 6th day of
December , 2022.
Notary Public
APPROVED AS TO LEGAL SUFFICIENCY
SEAL:
Dylan Reingold,
County Attorney
APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS
I:•
Phil Matson, AICP, Director
Community Development Department
C:\Granicus\Lcgistar5\L5\Temp\bac4cla9-3866-40ea-b802-4385a619dd80.docx Page 2 dZ5
Financial Project Number(s):
(item -segment -phase -sequence)
407190-5-84-01
Contract Number:
CFDA Number:
CFDA Title:
CSFA Number:
CSFA Title:
N/A
NIA
55.010
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Fund(s):
Work Activity Code/Function:
Federal Number/Federal Award
Identification Number (FAIN) - Transit only:
Federal Award Date:
Agency SAM/UEI Number:
Public Transit Block Grant Proqram
215
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 07/22
FLAIR Category: 088774
Object Code: 751000
Org. Code: 55042010429
Vendor Number:
THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into
, by and between the State of Florida, Department of Transportation,
("Department"), and Indian River County BOCC, ("Agency"). The Department and the Agency are sometimes
referred to in this Agreement as a "Party' and collectively as the "Parties."
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the
Project, the Parties agree to the following:
1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached
as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to
execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 341.052,
Florida Statutes, to enter into this Agreement.
2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation
in providing Block Grant funding for operating assistance to Indian River County BOCC for its urbanized
area public transportation, as further described in Exhibit "A", Project Description and
Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department
financial assistance to the Agency, state the terms and conditions upon which Department funds will be
provided, and to set forth the manner in which the Project will be undertaken and completed.
3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department
program area selected below (select all programs that apply):
Aviation
Seaports
X Transit
_ Intermodal
Rail Crossing Closure
Match to Direct Federal Funding (Aviation or Transit)
(Note: Section 15 and Exhibit G do not apply to federally matched funding)
Other
4. Exhibits. The following Exhibits are attached and incorporated into this Agreement:
X Exhibit A: Project Description and Responsibilities
X Exhibit B: Schedule of Financial Assistance
_ *Exhibit B1: Deferred Reimbursement Financial Provisions
*Exhibit B2: Advance Payment Financial Provisions
_ *Exhibit B3: Alternative Advanced Pay (Transit Bus Program)
_ *Exhibit C: Terms and Conditions of Construction
X Exhibit D: Agency Resolution
X Exhibit E: Program Specific Terms and Conditions
X Exhibit F: Contract Payment Requirements
Page 1 of 24
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT occ 07/22
X "Exhibit G: Audit Requirements for Awards of State Financial Assistance
_ *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance
*Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor
'Additional Exhibit(s):
*Indicates that the Exhibit is only attached and incorporated if applicable box is selected.
5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days.
6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective
Date") and continue through June 30, 2026. If the Agency does not complete the Project within this time
period, this Agreement will expire unless an extension of the time period is requested by the Agency and
granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement
will be considered termination of the Project. The cost of any work performed prior to the Effective Date
or after the expiration date of this Agreement will not be reimbursed by the Department.
a. — If this box is checked the following provision applies:
Unless terminated earlier, work on the Project shall commence no later than the _ day of _,
or within _ days of the issuance of the Notice to Proceed for the construction phase of the
Project (if the Project involves construction), whichever date is earlier. The Department shall
have the option to immediately terminate this Agreement should the Agency fail to meet the
above -required dates.
7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon
mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not
be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the
prior written consent of the Department.
8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend
any or all of the Department's obligations under this Agreement for the Agency's failure to comply with
applicable law or the terms of this Agreement until such time as the event or condition resulting in such
suspension has ceased or been corrected.
a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate
the Agreement, the Department shall notify the Agency of such termination in writing at least
thirty (30) days prior to the termination of the Agreement, with instructions to the effective date
of termination or specify the stage of work at which the Agreement is to be terminated.
b. The Parties to this Agreement may terminate this Agreement when its continuation would not
produce beneficial results commensurate with the further expenditure of funds. In this event,
the Parties shall agree upon the termination conditions.
c. If the Agreement is terminated before performance is completed, the Agency shall be paid
only for that work satisfactorily performed for which costs can be substantiated. Such payment,
however, may not exceed the equivalent percentage of the Department's maximum financial
assistance. If any portion of the Project is located on the Department's right-of-way, then all
work in progress on the Department right-of-way will become the property of the Department
and will be turned over promptly by the Agency.
d. In the event the Agency fails to perform or honor the requirements and provisions of this
Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days
of the termination of the Agreement any funds that were determined by the Department to
have been expended in violation of the Agreement.
77
Page 2 of 24
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT Occ 07/22
The Department reserves the right to unilaterally cancel this Agreement for failure by the
Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes.
9. Project Cost:
The estimated total cost of the Project is $1,220.736. This amount is based upon Exhibit "B",
Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated
amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of
Financial Assistance, may be modified by mutual written agreement of the Parties and does
not require execution of an Amendment to the Public Transportation Grant Agreement.
The timeline for deliverables and distribution of estimated amounts between grant phases
requires an amendment executed by both Parties in the same form as this Agreement.
b. The Department agrees to participate in the Project cost up to the maximum amount of
$610,368 and, the Department's participation in the Project shall not exceed 50.00% of the
total eligible cost of the Project,, and as more fully described in Exhibit "B", Schedule of
Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of
the Department's participation and any cost overruns or deficits involved.
10. Compensation and Payment:
a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as
described in Exhibit "A", Project Description and Responsibilities, and as set forth in
Exhibit "B", Schedule of Financial Assistance.
Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of
deliverables. Each deliverable must specify the required minimum level of service to be
performed and the criteria for evaluating successful completion. The Project and the
quantifiable, measurable, and verifiable units of deliverables are described more fully in
Exhibit "A", Project Description and Responsibilities. Modifications to the deliverables in
Exhibit "A", Project Description and Responsibilities requires a formal written
amendment.
c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail
sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and
verifiable deliverables as established in Exhibit "A", Project Description and
Responsibilities. Deliverables and costs incurred must be received and approved by the
Department prior to reimbursement. Requests for reimbursement by the Agency shall include
an invoice, progress report, and supporting documentation for the deliverables being billed
that are acceptable to the Department. The Agency shall use the format for the invoice and
progress report that is approved by the Department.
d. Supporting Documentation. Supporting documentation must establish that the deliverables
were received and accepted in writing by the Agency and must also establish that the required
minimum standards or level of service to be performed based on the criteria for evaluating
successful completion as specified in Exhibit "A", Project Description and
Responsibilities has been met. All costs invoiced shall be supported by properly executed
payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature
and propriety of charges as described in Exhibit "F", Contract Payment Requirements.
e. Travel Expenses. The selected provision below is controlling regarding travel expenses:
X Travel expenses are NOT eligible for reimbursement under this Agreement.
Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel
expenses specifically authorized in this Agreement shall be submitted on the Department's
Page 3 of 24
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT occ 07122
Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061,
Florida Statutes, and the most current version of the Department's Disbursement Handbook
for Employees and Managers.
Financial Consequences. Payment shall be made only after receipt and approval of
deliverables and costs incurred unless advance payments are authorized by the Chief
Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the
Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department
determines that the performance of the Agency is unsatisfactory, the Department shall notify
the Agency of the deficiency to be corrected, which correction shall be made within a time-
frame to be specified by the Department. The Agency shall, within thirty (30) days after notice
from the Department, provide the Department with a corrective action plan describing how the
Agency will address all issues of contract non-performance, unacceptable performance,
failure to meet the minimum performance levels, deliverable deficiencies, or contract non-
compliance. If the corrective action plan is unacceptable to the Department, the Agency will
not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the
Department for the amount that was previously not reimbursed during the next billing period. If
the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the
Agreement's term.
g. Invoice Processing. An Agency receiving financial assistance from the Department should
be aware of the following time frames. Inspection or verification and approval of deliverables
shall take no longer than 20 days from the Department's receipt of the invoice. The
Department has 20 days to deliver a request for payment (voucher) to the Department of
Financial Services. The 20 days are measured from the latter of the date the invoice is
received or the deliverables are received, inspected or verified, and approved.
If a payment is not available within 40 days, a separate interest penalty at a rate as established
pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the
invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be
enforced unless the Agency requests payment. Invoices that have to be returned to an Agency
because of Agency preparation errors will result in a delay in the payment. The invoice
payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services.
The duties of this individual include acting as an advocate for Agency who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 413-5516.
h. Records Retention. The Agency shall maintain an accounting system or separate accounts
to ensure funds and projects are tracked separately. Records of costs incurred under the terms
of this Agreement shall be maintained and made available upon request to the Department at
all times during the period of this Agreement and for five years after final payment is made.
Copies of these records shall be furnished to the Department upon request. Records of costs
incurred include the Agency's general accounting records and the Project records, together
with supporting documents and records, of the Contractor and all subcontractors performing
work on the Project, and all other records of the Contractor and subcontractors considered
necessary by the Department for a proper audit of costs.
i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the
Department in the standard format used by the Department and at intervals established by the
Department. The Department will be entitled at all times to be advised, at its request, as to the
status of the Project and of details thereof.
79
Page 4 of 24
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT Occ 07/22
j. Submission of Other Documents. The Agency shall submit to the Department such data,
reports, records, contracts, and other documents relating to the Project as the Department
may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to
and incorporated into this Agreement.
k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting
from an audit or for work or services performed pursuant to this Agreement, the Department
may offset such amount from payments due for work or services done under any agreement
that it has with the Agency owing such amount if, upon written demand, payment of the amount
is not made within 60 days to the Department. Offsetting any amount pursuant to this
paragraph shall not be considered a breach of contract by the Department.
I. Final Invoice. The Agency must submit the final invoice on the Project to the Department
within 120 days after the completion of the Project. Invoices submitted after the 120 -day time
period may not be paid.
m. Department's Performance and Payment Contingent Upon Annual Appropriation by the
Legislature. The Department's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. If the Department's funding for
this Project is in multiple fiscal years, a notice of availability of funds from the Department's
project manager must be received prior to costs being incurred by the Agency. See Exhibit
"B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs
utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds
approval being received. The Department will notify the Agency, in writing, when funds are
available.
n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this
Agreement is in excess of $25,000 and has a term for a period of more than one year, the
provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The Department, during any fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its terms, involves the expenditure
of money in excess of the amounts budgeted as available for expenditure
during such fiscal year. Any contract, verbal or written, made in violation of
this subsection is null and void, and no money may be paid on such contract.
The Department shall require a statement from the comptroller of the
Department that funds are available prior to entering into any such contract
or other binding commitment of funds. Nothing herein contained shall prevent
the making of contracts for periods exceeding 1 year, but any contract so
made shall be executory only for the value of the services to be rendered or
agreed to be paid for in succeeding fiscal years; and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an
amount in excess of $25,000 and which have a term for a period of more than
1 year."
o. Agency Obligation to Refund Department. Any Project funds made available by the
Department pursuant to this Agreement that are determined by the Department to have been
expended by the Agency in violation of this Agreement or any other applicable law or
regulation shall be promptly refunded in full to the Department. Acceptance by the Department
of any documentation or certifications, mandatory or otherwise permitted, that the Agency files
shall not constitute a waiver of the Department's rights as the funding agency to verify all
information at a later date by audit or investigation.
p. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude
all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred
after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project
Page 5 of 24
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION srRArEci
DEVELOPMENT
GRANT AGREEMENT Occ07122
Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial
Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for
not meeting the Project commencement and final invoice time lines, and costs attributable to
goods or services received under a contract or other arrangement that has not been approved
in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project
Description and Responsibilities.
11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound,
economical, and efficient manner, and in accordance with the provisions in this Agreement and all
applicable laws.
a. Necessary Permits Certification. The Agency shall certify to the Department that the
Agency's design consultant and/or construction contractor has secured the necessary permits.
b. Right -of -Way Certification. If the Project involves construction, then the Agency shall provide
to the Department certification and a copy of appropriate documentation substantiating that all
required right-of-way necessary for the Project has been obtained. Certification is required
prior to authorization for advertisement for or solicitation of bids for construction of the Project,
even if no right-of-way is required.
c. Notification Requirements When Performing Construction on Department's Right -of -
Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves
construction on the Department's right-of-way, the Agency shall provide the Department with
written notification of either its intent to:
Require the construction work of the Project that is on the Department's right-of-way
to be performed by a Department prequalified contractor, or
ii. Construct the Project utilizing existing Agency employees, if the Agency can
complete said Project within the time frame set forth in this Agreement.
d. —If this box is checked, then the Agency is permitted to utilize its own forces and the following
provision applies: Use of Agency Workforce. In the event the Agency proceeds with any
phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs
(this excludes general overhead).
e. _ If this box is checked, then the Agency is permitted to utilize Indirect Costs:
Reimbursement for Indirect Program Expenses (select one):
i. _Agency has selected to seek reimbursement from the Department for actual indirect
expenses (no rate).
ii. —Agency has selected to apply a de minimus rate of 10% to modified total direct
costs. Note: The de minimus rate is available only to entities that have never had a
negotiated indirect cost rate. When selected, the de minimus rate must be used
consistently for all federal awards until such time the agency chooses to negotiate a
rate. A cost policy statement and de minimis certification form must be submitted to
the Department for review and approval.
iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A
federally approved rate agreement or indirect cost allocation plan (ICAP) must be
submitted annually.
f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The
Agency shall comply and require its contractors and subcontractors to comply with all terms
Page 6 of 24
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT occ 07/22
and conditions of this Agreement and all federal, state, and local laws and regulations
applicable to this Project.
g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility
for resolving claims and requests for additional work for the Project. The Agency will make
best efforts to obtain the Department's input in its decisions. The Department is not obligated
to reimburse for claims or requests for additional work.
12. Contracts of the Agency:
a. Approval of Third Party Contracts. The Department specifically reserves the right to review
and approve any and all third party contracts with respect to the Project before the Agency
executes or obligates itself in any manner requiring the disbursement of Department funds,
including consultant and purchase of commodities contracts, or amendments thereto. If the
Department chooses to review and approve third party contracts for this Project and the
Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the
Department. The Department specifically reserves unto itself the right to review the
qualifications of any consultant or contractor and to approve or disapprove the employment of
the same. If Federal Transit Administration (FTA) funds are used in the Project, the
Department must exercise the right to third party contract review.
b. Procurement of Commodities or Contractual Services. It is understood and agreed by the
Parties hereto that participation by the Department in a project with the Agency, where said
project involves the purchase of commodities or contractual services where purchases or
costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida
Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057,
Florida Statutes. The Agency's Authorized Official shall certify to the Department that the
Agency's purchase of commodities or contractual services has been accomplished in
compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the
Agency to ensure that any obligations made in accordance with this Section comply with the
current threshold limits. Contracts, purchase orders, task orders, construction change orders,
or any other agreement that would result in exceeding the current budget contained in Exhibit
"B", Schedule of Financial Assistance, or that is not consistent with the Project description
and scope of services contained in Exhibit "A", Project Description and Responsibilities
must be approved by the Department prior to Agency execution. Failure to obtain such
approval, and subsequent execution of an amendment to the Agreement if required, shall be
sufficient cause for nonpayment by the Department, in accordance with this Agreement.
Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to
this Agreement that participation by the Department in a project with the Agency, where said
project involves a consultant contract for professional services, is contingent on the Agency's
full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive
Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department
that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with
Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement. The Agency and its contractors agree to
ensure that DBEs have the opportunity to participate in the performance of this Agreement.
In this regard, all recipients and contractors shall take all necessary and reasonable steps in
accordance with applicable federal and state laws and regulations to ensure that the DBEs
have the opportunity to compete for and perform contracts. The Agency and its contractors
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and subcontractors shall not discriminate on the basis of race, color, national origin or sex in
the award and performance of contracts, entered pursuant to this Agreement.
13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities
then the following provisions are incorporated into this Agreement:
a. The Agency agrees to accept all future maintenance and other attendant costs occurring after
completion of the Project for all improvements constructed or commodities acquired as part of
the Project. The terms of this provision shall survive the termination of this Agreement.
14. Sale, Transfer, or Disposal of Department -funded Property:
a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other
interests in real property, facilities, or equipment funded in any part by the Department under
this Agreement without prior written approval by the Department.
b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real
property, facilities, or equipment is approved by the Department, the following provisions will
apply:
The Agency shall reimburse the Department a proportional amount of the proceeds
of the sale of any Department -funded property.
The proportional amount shall be determined on the basis of the ratio of the
Department funding of the development or acquisition of the property multiplied
against the sale amount, and shall be remitted to the Department within ninety (90)
days of closing of sale.
Sale of property developed or acquired with Department funds shall be at market
value as determined by appraisal or public bidding process, and the contract and
process for sale must be approved in advance by the Department.
iv. If any portion of the proceeds from the sale to the Agency are non-cash
considerations, reimbursement to the Department shall include a proportional
amount based on the value of the non-cash considerations.
c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement.
i. The terms shall remain in full force and effect throughout the useful life of facilities
developed, equipment acquired, or Project items installed within a facility, but shall
not exceed twenty (20) years from the effective date of this Agreement.
ii. There shall be no limit on the duration of the terms with respect to real property
acquired with Department funds.
15. Single Audit. The administration of Federal or State resources awarded through the Department to the
Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following
requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of Federal awards or State financial assistance or limit the authority of any state
agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall
comply with all audit and audit reporting requirements as specified below.
Federal Funded:
a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F —
Audit Requirements, monitoring procedures may include but not be limited to on-site visits by
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Department staff and/or other procedures, including reviewing any required performance and
financial reports, following up, ensuring corrective action, and issuing management decisions
on weaknesses found through audits when those findings pertain to Federal awards provided
through the Department by this Agreement. By entering into this Agreement, the Agency
agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Department. The Agency further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Department, State of
Florida Chief Financial Officer (CFO), or State of Florida Auditor General.
b. The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit
Requirements, as a subrecipient of a Federal award awarded by the Department through this
Agreement, is subject to the following requirements:
In the event the Agency expends a total amount of Federal awards equal to or in
excess of the threshold established by 2 CFR Part 200, Subpart F — Audit
Requirements, the Agency must have a Federal single or program -specific audit
conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200,
Subpart F — Audit Requirements. Exhibit "H", Audit Requirements for Awards of
Federal Financial Assistance, to this Agreement provides the required Federal
award identification information needed by the Agency to further comply with the
requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining
Federal awards expended in a fiscal year, the Agency must consider all sources of
Federal awards based on when the activity related to the Federal award occurs,
including the Federal award provided through the Department by this Agreement. The
determination of amounts of Federal awards expended should be in accordance with
the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An
audit conducted by the State of Florida Auditor General in accordance with the
provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the
requirements of this part.
ii. In connection with the audit requirements, the Agency shall fulfill the requirements
relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F —
Audit Requirements.
iii. In the event the Agency expends less than the threshold established by 2 CFR Part
200, Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from
Federal audit requirements for that fiscal year. However, the Agency must provide a
single audit exemption statement to the Department at
FDOTSingleAudit(cDdot.state.fl.us no later than nine months after the end of the
Agency's audit period for each applicable audit year. In the event the Agency expends
less than the threshold established by 2 CFR Part 200, Subpart F — Audit
Requirements, in Federal awards in a fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit
Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the
cost of such an audit must be paid from the Agency's resources obtained from other
than Federal entities).
iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
https://harvester.census.gov/facweb/ the audit reporting package as required by 2
CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days
after receipt of the auditor's report(s) or nine months after the end of the audit period.
The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F
—Audit Requirements. However, the Department requires a copy of the audit reporting
package also be submitted to FDOTSingleAudit(d�dot.state.fl.us within the earlier of
30 calendar days after receipt of the auditor's report(s) or nine months after the end
of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements.
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v. Within six months of acceptance of the audit report by the FAC, the Department will
review the Agency's audit reporting package, including corrective action plans and
management letters, to the extent necessary to determine whether timely and
appropriate action on all deficiencies has been taken pertaining to the Federal award
provided through the Department by this Agreement. If the Agency fails to have an
audit conducted in accordance with 2 CFR Part 200, Subpart F —Audit Requirements,
the Department may impose additional conditions to remedy noncompliance. If the
Department determines that noncompliance cannot be remedied by imposing
additional conditions, the Department may take appropriate actions to enforce
compliance, which actions may include but not be limited to the following:
1. Temporarily withhold cash payments pending correction of the deficiency by
the Agency or more severe enforcement action by the Department;
2. Disallow (deny both use of funds and any applicable matching credit for) all
or part of the cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate the Federal award;
4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R.
Part 180 and Federal awarding agency regulations (or in the case of the
Department, recommend such a proceeding be initiated by the Federal
awarding agency);
5. Withhold further Federal awards for the Project or program;
6. Take other remedies that may be legally available.
vi. As a condition of receiving this Federal award, the Agency shall permit the Department
or its designee, the CFO, or State of Florida Auditor General access to the Agency's
records, including financial statements, the independent auditor's working papers, and
project records as necessary. Records related to unresolved audit findings, appeals,
or litigation shall be retained until the action is complete or the dispute is resolved.
vii. The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSingleAudit(a:Ddot.state.fl.us
State Funded:
a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes,
monitoring procedures to monitor the Agency's use of state financial assistance may include
but not be limited to on-site visits by Department staff and/or other procedures, including
reviewing any required performance and financial reports, following up, ensuring corrective
action, and issuing management decisions on weaknesses found through audits when those
findings pertain to state financial assistance awarded through the Department by this
Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully
with any monitoring procedures/processes deemed appropriate by the Department. The
Agency further agrees to comply and cooperate with any inspections, reviews, investigations,
or audits deemed necessary by the Department, the Department of Financial Services (DFS),
or State of Florida Auditor General.
b. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient
of state financial assistance awarded by the Department through this Agreement, is subject to
the following requirements:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
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In the event the Agency meets the audit threshold requirements established by
Section 215.97, Florida Statutes, the Agency must have a State single or project -
specific audit conducted for such fiscal year in accordance with Section 215.97,
Florida Statutes; applicable rules of the Department of Financial Services; and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit "G", Audit Requirements for
Awards of State Financial Assistance, to this Agreement indicates state financial
assistance awarded through the Department by this Agreement needed by the
Agency to further comply with the requirements of Section 215.97, Florida Statutes.
In determining the state financial assistance expended in a fiscal year, the Agency
shall consider all sources of state financial assistance, including state financial
assistance received from the Department by this Agreement, other state agencies,
and other nonstate entities. State financial assistance does not include Federal direct
or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
In connection with the audit requirements, the Agency shall ensure that the audit
complies with the requirements of Section 215.97(8), Florida Statutes. This includes
submission of a financial reporting package as defined by Section 215.97(2)(e),
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
iii. In the event the Agency does not meet the audit threshold requirements established
by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from
the state single audit requirements of Section 215.97, Florida Statutes. However, the
Agency must provide a single audit exemption statement to the Department at
FDOTSingleAudit(d,dot.state.fl.us no later than nine months after the end of the
Agency's audit period for each applicable audit year. In the event the Agency does
not meet the audit threshold requirements established by Section 215.97, Florida
Statutes, in a fiscal year and elects to have an audit conducted in accordance with
the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid
from the Agency's resources (i.e., the cost of such an audit must be paid from the
Agency's resources obtained from other than State entities).
iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, copies of
financial reporting packages required by this Agreement shall be submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
FDOTSingleAudit(o-�dot.state.fl.us
And
State of Florida Auditor General
Local Government Audits/342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email: flaudgen localgovt(a)aud.state.fl.us
V. Any copies of financial reporting packages, reports, or other information required to
be submitted to the Department shall be submitted timely in accordance with Section
215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
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applicable.
vi. The Agency, when submitting financial reporting packages to the Department for
audits done in accordance with Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should
indicate the date the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
vii. Upon receipt, and within six months, the Department will review the Agency's
financial reporting package, including corrective action plans and management
letters, to the extent necessary to determine whether timely and appropriate
corrective action on all deficiencies has been taken pertaining to the state financial
assistance provided through the Department by this Agreement. If the Agency fails
to have an audit conducted consistent with Section 215.97, Florida Statutes, the
Department may take appropriate corrective action to enforce compliance.
viii. As a condition of receiving state financial assistance, the Agency shall permit the
Department or its designee, DFS, or the Auditor General access to the Agency's
records, including financial statements, the independent auditor's working papers,
and project records as necessary. Records related to unresolved audit findings,
appeals, or litigation shall be retained until the action is complete or the dispute is
resolved.
c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this
Agreement for a period of five years from the date the audit report is issued and shall allow
the Department or its designee, DFS, or State of Florida Auditor General access to such
records upon request. The Agency shall ensure that the audit working papers are made
available to the Department or its designee, DFS, or State of Florida Auditor General upon
request for a period of five years from the date the audit report is issued, unless extended in
writing by the Department.
16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing
from the Parties' respective Administrators or their designees.
17. Restrictions, Prohibitions, Controls and Labor Provisions:
Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity; may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work; may not submit bids on leases
of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity
or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida
Department of Management Services, may not submit a bid on a contract to provide goods or
services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
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c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of
Qualification suspended, revoked, denied, or have further been determined by the Department
to be a non -responsible contractor, may not submit a bid or perform work for the construction
or repair of a public building or public work on a contract with the Agency.
d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement
may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in
accordance with Section 216.347, Florida Statutes.
e. Unauthorized Aliens. The Department shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If
the contractor knowingly employs unauthorized aliens, such violation will be cause for
unilateral cancellation of this Agreement.
f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255,
Florida Statutes, for construction services and at the time of the competitive solicitation for the
Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated
funds, then the Agency must comply with the requirements of Section 255.0991, Florida
Statutes.
g. E -Verify. The Agency shall
i. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the
employment eligibility of all new employees hired by the Agency during the term of the
contract; and
ii. Expressly require any subcontractors performing work or providing services pursuant
to the state contract to likewise utilize the U.S. Department of Homeland Security's E -
Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the contract term.
h. Executive Order 20-44. Pursuant to Governor's Executive Order 20-44, if the Agency is
required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which
the Department must form a sole -source, public-private agreement; or through contract or
other agreement with the State, annually receives 50% or more of its budget from the State or
from a combination of State and Federal funds, Recipient shall submit an Annual Report to
the Department, including the most recent IRS Form 990, detailing the total compensation for
each member of the Agency executive leadership team. Total compensation shall include
salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits,
deferred compensation, real -property gifts, and any other payout. The Agency shall inform the
Department of any changes in total executive compensation during the period between the
filing of Annual Reports within 60 days of any change taking effect. All compensation reports
shall detail the percentage of executive leadership compensation received directly from all
State and/or Federal allocations to the Agency. Annual Reports shall be in the form approved
by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us
within 180 days following the end of each tax year of the Agency receiving Department funding.
i. Design Services and Construction Engineering and Inspection Services. If the Project
is wholly or partially funded by the Department and administered by a local governmental
entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined
in Section 332.004, Florida Statutes, the entity performing design and construction
engineering and inspection services may not be the same entity.
18. Indemnification and Insurance:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01
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It is specifically agreed between the Parties executing this Agreement that it is not intended
by any of the provisions of any part of this Agreement to create in the public or any member
thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to
this Agreement to maintain a suit for personal injuries or property damage pursuant to the
terms or provisions of this Agreement. The Agency guarantees the payment of all just claims
for materials, supplies, tools, or labor and other just claims against the Agency or any
subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify,
defend, and hold harmless the State of Florida, Department of Transportation, including the
Department's officers and employees, from liabilities, damages, losses, and costs, including,
but not limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness, or intentional wrongful misconduct of the Agency and persons employed or
utilized by the Agency in the performance of this Agreement. This indemnification shall
survive the termination of this Agreement. Additionally, the Agency agrees to include the
following indemnification in all contracts with contractors/subcontractors and
consultants/subconsultants who perform work in connection with this Agreement:
"To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify,
defend, and hold harmless the Agency and the State of Florida, Department of Transportation,
including the Department's officers and employees, from liabilities, damages, losses and
costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and
persons employed or utilized by the contractor/consultant in the performance of this
Agreement.
This indemnification shall survive the termination of this Agreement."
The Agency shall provide Workers' Compensation Insurance in accordance with Florida's
Workers' Compensation law for all employees. If subletting any of the work, ensure that the
subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their
employees in accordance with Florida's Workers' Compensation law. If using "leased
employees" or employees obtained through professional employer organizations ("PEO's"),
ensure that such employees are covered by Workers' Compensation Insurance through the
PEO's or other leasing entities. Ensure that any equipment rental agreements that include
operators or other personnel who are employees of independent contractors, sole
proprietorships, or partners are covered by insurance required under Florida's Workers'
Compensation law.
c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency
elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or
cause its contractor or consultant to carry, Commercial General Liability insurance providing
continuous coverage for all work or operations performed under this Agreement. Such
insurance shall be no more restrictive than that provided by the latest occurrence form edition
of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed
for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant
to cause, the Department to be made an Additional Insured as to such insurance. Such
coverage shall be on an "occurrence" basis and shall include Products/Completed Operations
coverage. The coverage afforded to the Department as an Additional Insured shall be primary
as to any other available insurance and shall not be more restrictive than the coverage
afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for
each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of
amounts provided by an umbrella or excess policy. The limits of coverage described herein
shall apply fully to the work or operations performed under the Agreement, and may not be
shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage
described herein may be subject to a deductible and such deductibles shall be paid by the
Named Insured. No policy/ies or coverage described herein may contain or be subject to a
Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01
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the State of Florida that elects to self -perform the Project. Prior to the execution of the
Agreement, and at all renewal periods which occur prior to final acceptance of the work, the
Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the
coverage described herein. The Department shall be notified in writing within ten days of any
cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or
coverage described herein. The Department's approval or failure to disapprove any policy/ies,
coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and
maintain the insurance required herein, nor serve as a waiver of any rights or defenses the
Department may have.
When the Agreement includes the construction of a railroad grade crossing, railroad overpass
or underpass structure, or any other work or operations within the limits of the railroad right-
of-way, including any encroachments thereon from work or operations in the vicinity of the
railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance
coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO
Form CG 00 35) where the railroad is the Named Insured and where the limits are not less
than $2,000,000 combined single limit for bodily injury and/or property damage per
occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall
also be added along with the Department as an Additional Insured on the policy/ies procured
pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal
periods which occur prior to final acceptance of the work, both the Department and the railroad
shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage
described herein. The insurance described herein shall be maintained through final
acceptance of the work. Both the Department and the railroad shall be notified in writing within
ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy
or coverage described herein. The Department's approval or failure to disapprove any
policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to
procure and maintain the insurance required herein, nor serve as a waiver of any rights the
Department may have.
e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities,
the utility shall be added along with the Department as an Additional Insured on the
Commercial General Liability policy/ies procured above.
19. Miscellaneous:
a. Environmental Regulations. The Agency will be solely responsible for compliance with all
applicable environmental regulations and for any liability arising from non-compliance with
these regulations, and will reimburse the Department for any loss incurred in connection
therewith.
b. Non -Admission of Liability. In no event shall the making by the Department of any payment
to the Agency constitute or be construed as a waiver by the Department of any breach of
covenant or any default which may then exist on the part of the Agency and the making of
such payment by the Department, while any such breach or default shall exist, shall in no way
impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
c. Severability. If any provision of this Agreement is held invalid, the remainder of this
Agreement shall not be affected. In such an instance, the remainder would then continue to
conform to the terms and requirements of applicable law.
d. Agency not an agent of Department. The Agency and the Department agree that the
Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not
agents of the Department as a result of this Agreement.
41
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e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has
not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining
an approval of its application for the financing hereunder.
f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency to
observe or enforce compliance with any provision or perform any act or do any other thing in
contravention of any applicable state law. If any of the provisions of the Agreement violate any
applicable state law, the Agency will at once notify the Department in writing so that
appropriate changes and modifications may be made by the Department and the Agency to
the end that the Agency may proceed as soon as possible with the Project.
g. Execution of Agreement. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which shall constitute the same
Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf
of a party will be legal and binding on such party.
h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution
of the Agreement, the Department may unilaterally add the FAIN to the Agreement without
approval of the Agency and without an amendment to the Agreement. If this occurs, an
updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the
Department of Financial Services' Florida Accountability Contract Tracking System (FACTS).
i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5),
Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section
20.055(5), Florida Statutes.
j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida. In the event of a conflict between any portion of the
contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum
and venue and that the Department shall determine the forum and venue in which any dispute
under this Agreement is decided.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above.
AGENCY Indian River County BOCC STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
By:
By:
Name: Steven C. Braun, P.E.
Name:
Title: Director of Transportation Development
Title:
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
Legal Review:
4
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC09122
EXHIBIT A
Project Description and Responsibilities
A. Project Description (description of Agency's project to provide context, description of project components funded
via this Agreement (if not the entire project)): providing Block Grant funding for operating assistance to Indian River
County BOCC for its urbanized area public transportation
B. Project Location (limits, city, county, map): Indian River County BOCC/Vero Beach, FL/Indian River
C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate
timeline, project schedule, project size):
1) Refer to Exhibit E and Exhibit F of PTGA.
2) Comply with Transparency Act, where applicable.
3) Recipients providing fixed -route service can segregate urbanized and non -urbanized miles based on route maps
and allocate system -wide costs accordingly. Drivers' logs can be maintained to segregate mileage or hours inside and
outside the urbanized area.
4) Certification verifying adoption of a System Safety Program Plan.
5) Quarterly reports submitted with invoices.
6) Submit invoice every three (3) months, at minimum.
7) A copy of the most recent active CTC agreement.
D. Deliverable(s): 1) Submit a copy of the National Transit Data Base (Section 5335) report submitted to FTA or FTA
acknowledgement letter as soon as available.
2) Submit for approval the performance measure identified in Table A-1 Required Performance Measure for
Newspaper Publication of FDOT Procedure 725-030-030 each year, as identified below:
Passenger Trips
Revenue Miles
Total Operating Revenue
Operating Revenue
Vehicles Operating in Maximum Service
Base Fare
Revenue Miles Between Vehicle Systems Failures
Days/Hours Service is Available
92
Page 17 of 24
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION DEsrRArEcrVELOPMENT
GRANT AGREEMENT EXHIBITS occ09/22
Operating Expense per Passenger Trip
3) Submit the publisher's affidavit from newspaper covering the transit service area that the performance measures
identified in Table A-1 Required Performance Measure for Newspaper Publication of FDOT Procedure 725-030-030
were published each year after the Department written approval.
4) Submit a copy of the Transit Development Plan (TDP) annual progress report or updates each year
5) Submit quarterly progress reports via TransCIP, the web -based state grant management software, by logging into
http://www2.transcip.com
6) Submit an invoice on the project at least every quarter or they may specify in an email to the Department Project
Manager. The email must be provided in the invoice packet provide to the department. The Agency shall upload a
copy of invoice to TransCIP and email the original to D40MDID@dot.state.fl.us for processing.
The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice
purposes will be the incremental progress made toward completion of project scope elements. Supporting
documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of
incremental progress that has been made, and provide evidence that the payment requested is commensurate with
the accomplished incremental progress and costs incurred by the Agency.
E. Unallowable Costs (including but not limited to): candy, alcohol, decorations, greeting cards, lobbying, personal
cell phone, office patties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwave ovens,
congratulatory telegrams, refreshments, banquets, catering, gifts/flowers, promotional items.
F. Transit Operating Grant Requirements (Transit Only):
Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that
matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for
Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The
original grant agreement will include funding for year one. Funding for years two and three will be added by
amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year
have been met.
93
Page 18 of 24
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-C2
PUBLIC TRANSPORTATION srRarEclT
DEVELOPMENT
GRANT AGREEMENT EXHIBITS Oc009122
EXHIBIT B
Schedule of Financial Assistance
TRANSIT OPERATING ONLY
FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
A. Fund Type and Fiscal Year:
Financial
Fund
FLAIR
State
Object
CSFA/
CSFA/CFDA Title or
Funding
Project
$0
Category
Fiscal
Code
CFDA
$0
Contractual Services
Number
Type
$0
Year
Travel
Number
Funding Source Description
Amount
407190-5-84-01
DPTO
088774
2023
751000
55.010
Public Transit Block Grant Funding
$610,368.00
407190-5-84-01
LF
1 088774
1 2023
1 751000
1 55.010
1 Public Transit Block Grant Funding
$610,368.00
Total Financial Assistance
1 $1,220,736.00
B. Operations Phase - Estimate of Project Costs by Budget Category:
Budget Categories
Operations (Transit Only)'
State
Local
Federal
Total
Salaries
$0
$0
$0
$0
Fringe Benefits
$0
$0
$0
$0
Contractual Services
$610,368
$610,368
$0
$1,220,736
Travel
$0
$0
$0
$0
Other Direct Costs
$0
$0
$0
$0
Indirect Costs
$0
$0
$0
$0
Totals
$610,368
$610,368
$0
$1,220,736
x Budget category amounts are estimates and can be shifted between items without
amendment (because they are all within the Operations Phase).
C. Cost Reimbursement
The Agency will submit invoices for cost reimbursement on a:
_ Monthly
X Quarterly
_ Other:
basis upon the approval of the deliverables including the expenditure detail provided by the Agency.
Scope Code and/or Activity
Line Item (ALI) (Transit Only)
BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES:
I certify that the cost for each line item budget category has been evaluated and determined to be allowable,
reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file
evidencing the methodology used and the conclusions reached.
Paula Scott
Department Grant Manager Name
Signature
Date
Page 19 of 24
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION srRArEcIT
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC0s/22
EXHIBIT D
AGENCY RESOLUTION
PLEASE SEE ATTACHED
95
Page 20 of 24
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS occ0sn2
EXHIBIT E
PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT
(For State Block Grant Only)
This exhibit forms an integral part of the Agreement between the Department and the Agency.
1. Statutory Reference. Section 341.052, F.S.
2. Eligibility. The Department shall provide block grant funds for eligible capital and operating costs of public bus
transit and local public fixed guideway projects. Eligibility of this Agency to receive grant funding is provided in
Section 341.052(1), F.S., and Sections 5307 and 5311 of the Federal Transit Act, 49 U.S.C. 5307, and 49
U.S.C. 5311 respectively.
a) Eligible transit capital costs means any costs that would be defined as capital costs by the Federal
Transit Administration.
b) Eligible transit operating costs are the total administrative, management, and operation costs directly
incident to the provision of public bus transit services, excluding any depreciation or amortization of
capital assets.
3. Local Revenue Limits. Block grant funds shall not exceed local revenue during the term of this Agreement.
Local revenue is defined as the sum of money received from local government entities to assist in paying
transit operation costs, including tax funds, and revenue earned from fare box receipts, charter service,
contract service, express service and non - transportation activities.
4. Supplanting Local Tax Revenue. Block grant funds shall not supplant local tax revenues made available for
operations in the year immediately preceding this Agreement.
5. State Participation. State participation in eligible public transit operating costs may not exceed fifty (50)
percent of such costs or an amount equal to the total revenue, excluding farebox, charter, and advertising
revenue and federal funds, received by the provider for operating costs, whichever amount is less.
6. Required Budget. The Agency shall provide the Department with two (2) copies of its most current adopted
budget by March 1. Unless the adopted budget uses a format consistent with the National Transit Database
(NTD) report, the copy provided to the Department will indicate how the projections for total local revenue,
local tax revenue made available for operations, and depreciation and amortization costs, as they will appear
in the NTD report, can be identified.
7. Required Publication of Productivity and Performance Measures. The Agency shall publish in the local
newspaper of its area, in the format prescribed by the Department, the productivity and performance measures
established for the transit providers most recently completed fiscal year and the prior fiscal year. This report
shall be approved by the Department prior to its publication. This report shall be submitted to the Department
no later than November 15 of each year, and published either by December 31 or no later than twenty-eight
(28) calendar days of the Department's written approval of the report. The Agency shall furnish an affidavit of
publication to the Department within twenty eight (28) calendar days of publication.
8. Annual Plan or Update. The Agency shall submit a Transit Development Plan (TDP) or annual update to the
Department by September 1 of each year.
a) As a separate part of the transit development plan or annual report, the Agency will address potential
enhancements to productivity and performance which would have the effect of increasing farebox ratio
pursuant to Section 341.071(2), F.S.
M
Page 21 of 24
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC09122
b) A TDP shall conform to the requirements in Rule 14-73, available at:
htti3://fac.dos.state.fl.us/faconline/chapterl4.r)d .
9. Safety Requirements. Mark the required Safety submittal or provisions for this Agreement if applicable:
X Bus Transit System — In accordance with Section 341.061, F.S., and Rule 14-90, Florida
Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety
certification that the Agency has adopted and is complying with its adopted System Safety and Security
Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses
operated.
Fixed Guideway Transportation System (established) — In accordance with Section 341.061, F.S., the
Agency shall submit, and the Department shall have on file, annual certification by the Agency of
compliance with its System Safety and Security Program Plan, pursuant to Rule 14-15.017 and the
"Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014.
Fixed Guideway Transportation System — This applies to New Starts projects and subsequent major
projects to extend, rehabilitate, or modify an existing system, or to replace vehicles and equipment. In
accordance with Section 341.061, F.S., the Agency shall submit a certification attesting to the adoption
of a System Safety Program Plan pursuant to Rule 14-15.017 and the "Safety and Security Oversight
Program Standards Manual", DOT Topic Number 725-030-014. Prior to beginning passenger service
operations, the Agency shall submit a certification to the Department that the new start system or
major modification to an existing system is safe for passenger service.
Not Applicable.
10. Transit Vehicle Inventory Management. The agency will follow the Department's Transit Vehicle Inventory
Management Procedure (725-030-0251), which outlines the requirements for continuing management control,
inventory transfer and disposal actions. This procedure pertains ONLY to capital procurements of rolling stock
using the FTA Section 5310, Section 5311, Section 5316 and Section 5317 programs as the funding source,
or where the Department participates in 50% or more of the public transit vehicle's purchase price. This may
include vehicles purchased under the State Transit Block Grant Program, State Transit Corridor Program,
State Transit Service Development Program, or other applicable Departmental programs.
11. Formula Information. As authorized in Section 341.052, F.S., the annual appropriation in the program is
divided by formula and then distributed to each eligible transit system. The formula described below is
adjusted each year based on data received from the transit systems' federally required National Transit Data
(NTD) report. A copy of the NTD report is required to be sent to the Department each year.
Distribution is accomplished through a multiple step process. 15% of the appropriation is given to the
Commission for the Transportation Disadvantaged to be distributed to the Community Transportation
Coordinators in accordance with Chapter 427, F.S. The remaining 85% is divided into three equal portions.
Each eligible transit system gets a percentage of the first portion based on their percentage of total population
served; the second portion is allocated based on their percentage of total revenue miles of service provided;
and the third portion is allocated based on their percentage of total passengers carried. The total from all three
portions is the total available allocation for each eligible transit system in the state.
-- End of Exhibit E --
IM
Page 22 of 24
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS Occ0sn2
EXHIBIT F
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary,
travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being
claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being
claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks.
Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved
agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to
the services being provided.
Listed below are types and examples of supporting documentation for cost reimbursement agreements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show
gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is
being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be
acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based
on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits
amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe
benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which
includes submission of the claim on the approved State travel voucher or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of the property to the
State when services are terminated. Documentation must be provided to show compliance with Department of
Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts
which include services and that provide for the contractor to purchase tangible personal property as defined in
Section 273.02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and/or contracts between universities may submit alternative documentation
to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web
address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures pdf
• ;7
Page 23 of 24
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGc09/22
EXHIBIT G
AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:—
Awarding Agency:
Florida Department of Transportation
State Project Title:
Public Transit Block Grant Program
CSFA Number:
55.010
*Award Amount:
$610,368
*The award amount may change with amendments
Specific project information for CSFA Number 55.010 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.010 are
https://apps.fldfs.com/fsaa/searchCompliance.aspx
The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx
provided at:
Page 24 of 24
GRANT NAME: Florida Public Transportation Block Grant GRANT #: NA
AMOUNT OF GRANT: $610,368
DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association)
CONTACT PERSON: Jon Howard PHONE #: (772) 226-1672
1. How long is the grant for? Three Years Starting Date: January 1, 202
Description Position Position Position Position Position
2. Does the grant require you to fund this function after the grant is over? Yes X
No
3. Does the grant require a match? X Yes
No
If yes, does the grant allow the match to be In Kind Services? Yes
No
4. Percentage of grant to match: 50 %
Retirement Contributions
5. Grant match amount required: $ 610,368
Life and Health Insurance
6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency?
Worker's Compensation
N/A
Soc. Sec. Medicare Matching
7. Does the grant cover capital costs or start-up costs? Yes X
No
If no, how much do you think will be needed in capital costs or start-up costs?
$
(Attach a detailed listing of costs.)
$
8. Are you adding any additional positions utilizing the grant funds? Yes X
No
If yes, please list. (If additional space is needed, please attach a schedule.)
Fifth Year
Acct.
Description Position Position Position Position Position
011.12
Regular Salaries
011.13
Other Salaries & Wages PT
012.11
Social Security
012.12
Retirement Contributions
012.13
Life and Health Insurance
012.14
Worker's Compensation
012.17
Soc. Sec. Medicare Matching
$
TOTAL
9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating?
Salaries and Benefits Operating Costs Capital Total Costs
10. What is the estimated cost of the grant to the County over three years? $610,368
EMNIMGrant
Amount
Other Matching Costs
Match
Total
First Year
$610,368
$
$610,368 (County Match)
$1,220,736
Second Year
$
$
$
$
Third Year
$
$
$
$
Fourth Year
$
$
$
$
Fifth Year
$
$
$
$
100
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Honorable Board of County Commissioners
THROUGH: Jason E. Brown, County Administrator
THROUGH: David Johnson, Director
Department of Emergency Services
FROM: Ryan Lloyd, EM Coordinator
Department of Emergency Services/Emergency Management
DATE: November 29, 2022
CONSENT
I ,
SUBJECT: Acceptance and Approval of Modification #1 of Emergency Management Program
Grant (EMPG) Federally -Funded Subgrant Agreement; Agreement Number:
G0371
It is respectfully requested that the information contained herein be given formal consideration by
the Board of County Commissioners at the next scheduled meeting.
DESCRIPTION AND CONDITIONS:
The Indian River County Board of County Commissioners executed an agreement with the Florida
Division of Emergency Management on September 20, 2022 for the Emergency Management
Performance Grant (EMPG). The EMPG grant is used to enhance and improve emergency
management mitigation, planning, response and recovery directly affecting the lives and property
of Indian River County residents and visitors. The Florida Division of Emergency Management
has submitted Modification #1 to Agreement Number G0371, which amends the terms of the
agreement period, to begin on July 1, 2022 and end on September 30, 2023. All provisions not in
conflict with this modification remain in full force and effect and are to be performed at the level
specified in the agreement.
FUNDING:
There are no changes to the funding of the original agreement.
RECOMMENDATION:
Staff recommends approval of Modification #1 for the Federally -Funded Subgrant Agreement
(G0371) between Indian River County Emergency Management and the State of Florida, Division
of Emergency Management.
ATTACHMENTS:
1. Two (2) Original Copies of FY 22/23 EMPG Agreement Modification #1 (G0371)
101
MODIFICATION #1 TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT
AND
INDIAN RIVER COUNTY
This Modification is made and entered into by and between the State of Florida,
Division of Emergency Management ("the Division"), and Indian River County("Sub-
Recipient"), to modify Agreement Number G0371, which began on October 1, 2022
("the Agreement").
WHEREAS, the Division and the Sub -Recipient have entered into the Agreement,
pursuant to which the Division has provided a subgrant to Sub -Recipient under the
Emergency Management Performance Grant program of $79,414.00.
WHEREAS, the Agreement will expire on September 30, 2023; and,
WHEREAS, the Division and the Recipient desire to extend the terms of the
Agreement; and
WHEREAS, the Division and the Sub -Recipient desire to modify the Agreement;
and,
WHEREAS, in consideration of the mutual promises of the parties contained herein,
the parties agree as follows:
1. Paragraph (3) PERIOD OF AGREEMENT hereby amended to read as follows:
(a) This agreement period will begin on July 1, 2022 and will end on September
30, 2023, unless terminated earlier in accordance with provisions of this
Agreement, including, but not limited to Paragraph (12) TERMINATION, of
this Agreement.
2. All provisions not in conflict with this Modification remain in full force and effect and
are to be performed at the level specified in the Agreement.
102
IN WITNESS WHEREOF, the parties hereto have executed this Modification as of
the dates set out below.
RECIPIENT: INDIAN RIVER COUNTY
By:
Name and Title: ��ri��fua� /✓i�F�ao2 /_r//P�(, yL1 Ut/�C1�
J C71-
Date: //- -?- Z Z
03
CONSENT: 12/6/2022
INDIAN RIVER COUNTY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold — County Attorney
DATE: November 23, 2022
ATTORNEY
SUBJECT: Annual Resolution Delegating the Authority to the County
Administrator or his designee, to execute Resolutions Calling Letters
of Credit as Necessary during a Declared State of Local Emergency or
Declared State of Florida Emergency Affecting Indian River County
The attached resolution delegates to the County Administrator, or his designee,
the authority to execute resolutions calling letters of credit as necessary during a
declared state of local emergency or declared State of Florida emergency affecting
Indian River County from December 6, 2022 through December 31, 2023.
Funding:
There are no costs associated with this agenda item.
Requested Action:
Adopt the resolution delegating authority to the County Administrator, or his
designee, to execute resolutions calling letters of credit as necessary during a
declared state of local emergency or declared State of Florida emergency affecting
Indian River County from December 6, 2022 through December 31, 2023.
Attachment
Resolution
RESOLUTION NO. 2022-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, DELEGATING THE AUTHORITY TO THE COUNTY
ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE RESOLUTIONS CALLING
LETTERS OF CREDIT AS NECESSARY DURING A DECLARED STATE OF
LOCAL EMERGENCY OR DECLARED STATE OF FLORIDA EMERGENCY
AFFECTING INDIAN RIVER COUNTY; RESCINDING RESOLUTION NO. 2021-80
EFFECTIVE DECEMBER 6,2022; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to
authorize the County Administrator, or his designee, to perform other duties on behalf of the Board
of County Commissioners; and
WHEREAS, various letters of credit are posted with the County to, among other things,
guaranty performance or warranty of improvements as well as compliance and restoration of sand
mines, and many letters of credit have certain call language requiring a resolution of the Board of
County Commissioners declaring default or failure to post alternate security; and
WHEREAS, during a declared State of Local Emergency or declared State of Florida
Emergency affecting Indian River County, it is very unlikely that the Board of County Commissioners
would meet; and
WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of
the Board of County Commissioners to call letters of credit which might expire or otherwise require
action to be taken during the period of such declared emergency; and
WHEREAS, it is necessary to delegate additional signing authority, not previously delegated
by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to the
County Administrator or his designee during the period of such declared emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, that:
1. Resolution No. 2021-80 of the Indian River County Board of County Commissioners which
speaks to delegation of authority to execute resolutions calling letters of credit as necessary
during a declared State of Local Emergency or declared State of Florida Emergency
affecting Indian River County is hereby rescinded in its entirety effective December 6, 2022.
2. The County Administrator, or his designee, is hereby delegated the authority to execute
resolutions on behalf of the Board of County Commissioners to call letters of credit which
might expire or otherwise require action to be taken during the period of a declared State of
Local Emergency or declared State of Florida Emergency affecting Indian River County.
Any resolutions executed by the County Administrator or his designee, to call letters of credit
during any declared State of Local Emergency or State of Florida Emergency affecting
Indian River County are to be accompanied by a copy of this Resolution.
105
RESOLUTION NO. 2022-
3. The Effective Date of this Resolution is December 6, 2022, and this Resolution shall
continue in effect through calendar year 2023.
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 Joseph H. Earman
Vice Chairman Susan Adams
Commissioner Joseph E. Flescher
Commissioner Deryl Loar
Commissioner Laura Moss
The Chairman thereupon declared this Resolution duly passed and adopted this 61h day of
December, 2022.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest: Jeffrey R. Smith, Clerk of Circuit
Court and Comptroller
91
Deputy Clerk
K
Joseph H. Earman, Chairman
11.1"
CONSENT: 12/6/2022
OHce Of
INDIAN RIVER COUN
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold — County Attorney
DATE: November 23, 2022
ATTORNEY
SUBJECT: Annual Resolution re Delegation of Authority Concerning
Declarations of State of Local Emergencies and to Act in a
State Declared Emergency Affecting Indian River County
The attached resolution delegates to the County Administrator, or his
designee, the authority to declare states of local emergencies and to act in
a State of Florida declared emergency affecting Indian River County from
December 6, 2022 through December 31, 2023.
Funding:
There are no costs associated with this agenda item.
Requested Action:
Adopt the resolution delegating authority to the County Administrator, or
his designee, to declare states of local emergencies and to act in a state
declared emergency affecting Indian River County effective from December
6, 2022 through December 31, 2023.
Attachment
Resolution
107
RESOLUTION NO. 2022-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING
AUTHORITY TO THE COUNTY ADMINISTRATOR TO DECLARE
STATES OF LOCAL EMERGENCIES AND TO ACT IN A STATE
OF FLORIDA DECLARED EMERGENCY AFFECTING INDIAN
RIVER COUNTY; RESCINDING RESOLUTION NO. 2021-79
EFFECTIVE DECEMBER 6, 2022; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Board has determined that it is in the best interests of the County to
delegate the authority to declare that a state of local emergency exists in Indian River
County to the County Administrator acting as Indian River County Emergency Services
District Director for any local emergency that may arise from December 6, 2022 through
calendar year 2023; and
WHEREAS, the Board has determined that it is in the best interests of the County to
delegate the authority to issue orders and rules, including Emergency Orders, during a
State of Florida declared emergency affecting Indian River County to the County
Administrator acting as Indian River County Emergency Services District Director for any
declared emergency that may arise from December 6, 2022 through calendar year 2023.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. Resolution No. 2021-79 of the Indian River County Board of County
Commissioners which speaks to delegation of authority is hereby rescinded in its
entirety effective December 6, 2022.
2. Commencing December 6, 2022, and continuing through December 31, 2023,
the Indian River County Administrator acting as Indian River County Emergency
Services District Director, or his designee, is hereby delegated the authority: (i)
to declare a state of local emergency for Indian River County pursuant to Florida
Statutes section 252.38(3)(x)(5)(2021); and (ii) to issue orders and rules,
including, without limitation, the ability to issue Emergency Orders for Indian
River County, during a period of a declared emergency pursuant to any duly
issued Executive Order concerning Emergency Management issued by the
Governor of the State of Florida declaring that a disaster and/or emergency [as
such terms are defined in Florida Statutes sections 252.34 (2) and (4)
respectively] exists in Indian River County.
1:
RESOLUTION NO. 2022 -
The 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 Joseph H. Earman
Vice -Chairman Susan Adams
Commissioner Joseph E. Flescher
Commissioner Deryl Loar
Commissioner Laura Moss
The Chairman thereupon declared the Resolution duly passed and adopted this 61
day of December, 2022 with an effective date of December 6, 2022.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
ATTEST: Jeffrey R. Smith, Clerk of
Circuit Court and Comptroller
By:
Deputy Clerk
Approved as to form and legal sufficiency:
By:
Dylan Reingold, County Attorney
011
Joseph H. Earman, Chairman
109
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
�G
Consent Agenda - B. C.C. 12.6.22
Office of
INDIAN RIVER COUNTY
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: November 23, 2022
ATTORNEY
SUBJECT: Appointment to the Economic Opportunities Council of Indian River County, Inc.
The Economic Opportunities Council of Indian River County, Inc. ("EOC") is a non-profit corporation in
Indian River County. Since the EOC receives Community Services Block Grant funds, pursuant to 42 USC
§9910, the EOC must have 1/3 of the members of its board who are elected officials or their representatives.
On March 8, 2022, the Indian River County Board of County Commissioners ("Board") reappointed Jennifer
Proper, Teddy Floyd and Jeanette Anderson and appointed Leonard Frankel to the EOC. On November 21,
2022, Indian River County received the attached letter requesting the appointment of Nancy McCurry to the
EOC to replace Jennifer Proper, whose term expired in October 2022.
RECOMMENDATION.
The County Attorney recommends that the Board appoint Nancy McCurry to the the Economic Opportunities
Council of Indian River County, Inc.
C. IG..-1Legi93MIT,.p175f."40-3.29-43d2-9d4fd2.36dj,2Bdod— 110
ECONOMIC
OPPORTUNITIES
COUNCIL
Inspiring & Empowering Families
November 17, 2022
Board of County Commissioners
180127 th Street
Vero Beach, FL 32960
Dear Commissioners,
2455 St. Lucie Avenue
Vero Beach, FL 32960
772-562-4177
www.eocofirc.net
The Economic Opportunities Council of Indian River County, Inc. (EOC) is the federally designated
Community Action Agency for Indian River County. Chartered in 1965, EOC has provided services
to low-income, county resident for over 50 years.
As the Commission may know, Community Action Agencies are the local grantees for the
Community Services Block Grant, and operate under the Community Services Block Grant Act
1998 Reauthorization, P. L. 105-285. Required by legislation is a tripartite board structure; one-
third elected officials, or their designees, one-third low-income representatives, and one-third
members of the private/business community.
EOC is required to document commission's appointments to its board. In past years,
Commissioners schedule have not allowed for direct participation and have appointed designees
to serve in their place. EOC respectfully request consideration of the following individual to
appointment for a one-year term:
Blaney McCurry
EOC appreciates your support, looks forward to working together and helping those within our
community who live in poverty, and moves towards self-sufficiency.
Sincerely,
A4cj , 61114--)
Angela Davis -Green
Executive Director
LIVE UNITED
Head DEj
5tart United way of
Indian River County FLORIDA CEPAR
ECONOMIC OPFOR N
CONSENT: 12/6/2022
0HCe of �H
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold — County Attorney
DATE: November 23, 2022
SUBJECT: Annual Resolution re Signatories
In connection with the selection of a new Chairman and Vice Chairman, the Board
of County Commissioners must adopt a resolution directing depositories of
County funds to honor certain authorized signatures on County checks, warrants,
and other orders for payment. Based on input from the Finance Office, the attached
resolution has been prepared designating both the Chairman and Clerk as the
authorized signatories and providing for facsimile signatures rather than manual
signatures on all checks.
Fundinq:
There are no costs associated with this agenda item.
Requested Action:
Adopt the resolution and authorize the newly selected Chairman as well as the
Clerk to sign the resolution and the respective Certificate of Facsimile Signature;
and to instruct the Clerk to the Board of County Commissioners to transmit to the
Department of State each original Certificate of Facsimile Signature which bears
the original manual signatures of those Indian River County officers authorized to
use facsimile signatures in lieu of manual signatures.
Attachment
Resolution
Certificates of Facsimile Signatures
112
RESOLUTION NO. 2022-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, DIRECTING
DEPOSITORIES OF COUNTY FUNDS TO HONOR CERTAIN
AUTHORIZED SIGNATURES ON COUNTY CHECKS,
WARRANTS, AND OTHER ORDERS FOR PAYMENT; PROVIDING
FOR BOARD OF COUNTY COMMISSIONERS AND CLERK OF
THE CIRCUIT COURT SIGNATORIES; RESCINDING
RESOLUTION NO. 2021-081 WHICH SPEAKS TO AUTHORIZED
SIGNATURES ON COUNTY CHECKS, WARRANTS, AND OTHER
ORDERS FOR PAYMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, pursuant to Code section 101.02.1, on November 22, 2022, the Board
of County Commissioners of Indian River County ("Board") selected Joseph H. Earman as
Chairman from November 22, 2022, and continuing through November 21, 2023; and
WHEREAS, Jeffrey R. Smith is the duly elected Clerk of the Circuit Court and
Comptroller for Indian River County ("Clerk"), and he serves as clerk and accountant to the
Board, pursuant to Section 28.12, Florida Statutes (2020); and
WHEREAS, the Board has previously designated certain institutions as depositories
of County funds; and
WHEREAS, the Board's selection of Chairman requires a re -designation of
signatories for County warrants, checks, and other orders for the payment of money drawn
on the County's depositories; and
WHEREAS, the Board has determined that the existing financial practices
concerning personnel policies and employee compensation eliminate the need to require
manual signatures on salary and other compensation warrants, checks, and other orders
payable to Board employees; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
Previous designations by the Board of certain institutions as official depositories of
County funds are hereby ratified and affirmed.
2. Manual signatures shall not be required on any checks, warrants, and other orders
for the payment of money drawn in the name of the Board for the purpose of salary
and other compensation to or for any Board employees.
113
RESOLUTION NO. 2022-
3. Each designated depository of County funds is hereby authorized and directed to
honor checks, warrants, and other orders for payment of money drawn in the name
of the Board, including those payable to the individual orders of any person/entity or
persons/entities whose name or names appear thereon, when bearing both the
facsimile signature of the Clerk, and the facsimile signature of the Chairman of the
Board.
4. The manual and facsimile signatures of the herein designated officers appear on
Exhibit "A" attached hereto and by this reference incorporated herein in its entirety.
5. The signatories named on the attached Exhibit "A" are hereby authorized to execute
any and all signature cards and agreements as requested by the respective banking
institutions designated as official depositories by the Board.
6 The use of facsimile signatures is authorized by Florida Statutes Section 116.34
(2021), the "Uniform Facsimile Signature of Public Officials Act."
7. The Clerk to the Board shall immediately file with the Department of State each
Certificate of Facsimile Signature bearing the original manual signatures, at which
point a facsimile signature of those officials signatory to Exhibit "A" of this
Resolution shall have the same legal effect as a manual signature on any
instrument of payment.
The 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 Joseph H. Earman
Vice -Chairman Susan Adams
Commissioner Joseph E. Flescher
Commissioner Deryl Loar
Commissioner Laura Moss
The Chairman thereupon declared the Resolution duly passed and adopted this 6`
day of December, 2022 with an effective date of December 6, 2022.
Attest: Jeffrey R. Smith, Clerk of
Circuit Court and Comptroller
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Joseph H. Earman, Chairman
114
EXHIBIT "A"
Jeffrey R. Smith,
Clerk of Circuit Court and Comptroller
Actual
Facsimile
Indian River County Board of County
Commissioners Chairman Joseph H. Earman
Actual
Facsimile
115
CERTIFICATE FOR FACSIMILE SIGNATURE
(Section 116.34, Florida Statutes)
State of Florida
County of Indian River
I, Joseph H. Earman being
(print name as to be signed below)
Duly appointed Chairman of the Board of County Commissioners
(state complete title or position)
of Indian River County, Florida
Do hereby file with the Secretary of State my official signature for the purpose of
complying with Section 116.34, Florida Statutes, and do hereby certify that the
signature below is true, correct and manually subscribed by me.
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE
READ THE FOREGOING OATH AND THAT THE FACTS
STATED IN IT ARE TRUE.
Signature Date signed
Joseph H. Earman
Print Name as signed
1801 271h Street
Business Address
Vero Beach, FL 32960
City State Zip Code
116
CERTIFICATE FOR FACSIMILE SIGNATURE
(Section 116.34, Florida Statutes)
State of Florida
County of Indian River
I, Jeffrey R. Smith being
(print name as to be signed below)
Duly appointed Clerk of Circuit Court and Comptroller of
(state complete title or position)
Indian River County, Florida
Do hereby file with the Secretary of State my official signature for the purpose of
complying with Section 116.34, Florida Statutes, and do hereby certify that the
signature below is true, correct and manually subscribed by me.
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE
READ THE FOREGOING OATH AND THAT THE FACTS
STATED IN IT ARE TRUE.
Signature Date signed
Jeffrey R. Smith
Print Name as signed
2000 16th Avenue
Business Address
Vero Beach, FL 32960
City State Zip Code
117
Consent Item
Indian River County, Florida
Department of Utility Services
Board Memorandum
Date: November 15, 2022
To: Jason E. Brown, County Administrator
Through: Sean C. Lieske, Director of Utility Services
Prepared By: Richard Meckes, Operations Manager
Subject: Unincorporated Indian River County Lagoon ArcGIS Nitrogen Load Estimation Tool
(ArcNLET) Model, Tetra Tech, Inc., Work Order No. 12
Background/Analysis:
On April 17, 2018, the Board of County Commissioners (BCC) approved the Continuing Contract
Agreement for Continuing Engineering Services with Tetra Tech, Inc. for professional water resource
engineering support services. The original contract was for three (3) years with an option for one (1) two-
year extension at the County's discretion. This contract was renewed on May 18, 2021 for the two (2) year
extension
Indian River County (IRC) remains committed to its ongoing efforts focused at improving the health of the
Indian River Lagoon (IRL), while continuingto pursue additional activities to further IRC's lagoon programs.
A summary of IRC's programs related to water quality improvements for the lagoon is maintained and
updated annually by the Florida Department of Environmental Protection (FDEP) and contained within
the Central Indian River Lagoon Basin Management Action Plan (CTRL BMAP). This report is used to track
Total Maximum Daily Load (TMDL) reductions of nitrogen and phosphorus as 'credits' for IRC's efforts
against the required reductions for IRC contained in the CIRL EMAP.
As IRC continues to provide annual updates to the FDEP in accordance with their reporting requirements,
IRC's efforts at septic tank abandonment (septic to sewer (S2S) conversions) have yet to provide IRC with
any FDEP-recognized TMDL 'credits'. Instead, these S2S projects are tabulated annually with 'credit'
amounts that are to be determined (TBD).
S2S projects within the CTRL BMAP are expected to account for significant reductions of nitrogen from
reaching IRL. IRC continues to pursue opportunities for these types of projects, and now is seeking a way
for these completed projects to account for TMDL 'credits' recognizable by the FDEP in their annual
reports.
FDEP has accepted the use of the ArcGIS Nitrogen Load Estimation Tool (ArcNLET) model to quantify
nitrogen load reductions to the IRL from these S2S conversion projects. Tetra Tech, under Work Order No.
11, will be able to provide IRC with a calibrated ArcNLET model for the portion of unincorporated IRC that
falls within the CIRL EMAP basin. With the calibrated model, IRC can then provide the FDEP with verifiable
values for the current S2S projects that have been completed in order to receive TMDL 'credits', as well
as use the model to potentially support future S2S projects.
118
Consent Item
The proposed Work Order No. 12 from Tetra Tech provides professional services required to provide IRC
with the ArcNLET model for unincorporated IRC within the CTRL EMAP basin. Once this model is created,
it can be used to quantitate IRC's TMDL nitrogen reduction 'credits' that currently remain as TBD on the
FDEP's annual reports. This will increase IRC's TMDL'credits' for nitrogen and, more accurately, reflect
IRC's IRL water quality improvement efforts as reported in the CIRL BMAP and its updates.
The cost for Work Order No. 12 is a lump sum amount of $45,867.00. The anticipated completion date for
a final ArcNLET model report is approximately two months after notice to proceed.
Funding:
Funding in the amount of $45,867.00 for professional water resource engineering support services is
budgeted and available in the Utilities/Gen & Eng/Other Professional Services account, number
47123563-033190.
ACCOUNT NAME
ACCOUNT NUMBER
AMOUNT
Utilities/Gen & Eng/Other Professional Services
47123536-033190
$45,867.00
Recommendation:
Staff recommends the Board of County Commissioners (BCC) approve Tetra Tech, Inc., Work Order No. 12
in the amount of $45,867.00 for professional engineering support services associated with the
development of an unincorporated Indian River County ArcNLET model. In addition, staff recommends
that the BCC authorize the Chairman to execute Work Order No. 12.
Attachments:
1. Tetra Tech, Inc. Work Order No. 12
119
CCNA2018 WORK ORDER 12
ArcNLET Model
This Work Order Number 12 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 (collectively referred to as the "Agreement"), by and between
INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Tetra Tech, Inc.
("Consultant").
The COUNTY has selected the Consultant to perform the professional services set forth on
Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The
professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B
(Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant
will perform the professional services within the timeframe more particularly set forth in Exhibit C
(Time Schedule), attached to this Work Order and made a part hereof by this reference all in
accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of
the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement
and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as
if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first
written above.
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By: By:
Matthew Shelton , Chairman
Print Name:
Title: Project Manager BCC Approved Date:
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
Approved as to form and legal sufficiency:
Jason E. Brown, County Administrator
Dylan T. Reingold, County Attorney
OTETRA TECH
November 8, 2022
Eric Charest
Indian River County Public Works — Coastal Division
1801 27th Street
Vero Beach, FL 32960-3388
Email: echarestAirc og v.com
Subject: Proposal to Indian River County for Development of ArcNLET Model
Dear Mr. Charest:
Tetra Tech, Inc. (Tetra Tech) is pleased to provide Indian River County (IRC) with this proposal
for services to provide an ArcGIS Nitrogen Load Estimation Tool (ArcNLET) model for the
unincorporated area of the Indian River Lagoon (IRL) basin in IRC.
BACKGROUND
IRC is located along the IRL, which is one of the nation's most ecologically diverse estuaries
and an important ecosystem in the state of Florida. The local governments and state agencies
have been working together to restore this system, which has been impaired by excessive
nutrient inputs that are causing algal blooms and low dissolved oxygen conditions.
One restoration element for the IRL is the basin management action plan (BMAP) that outlines
projects that have been or will be implemented in the near future. In February 2021, the Central
IRL BMAP was finalized and outlined requirements for IRC to fulfill nutrient reductions. Septic -
to -sewer projects account for a significant reduction in nitrogen load to the IRL. The Florida
Department of Environmental Protection (DEP) uses the ArcNLET model to quantify nitrogen
load reductions to the IRL from septic -to -sewer conversion projects.
SCOPE OF WORK
Task 1. Collect Data Needed for ArcNLET Modeling
Tetra Tech will work with IRC to gather the data needed for the ArcNLET model. The model is
an ArcGIS extension that is dependent on good, local data to provide the best estimates of the
nitrogen loading from each septic system within the County. These data include geographic
information system (GIS) coverages with the exact location (or parcel) of the septic systems;
detailed local waterbodies with streams, ditches, creeks, canals, and lakes; topography; and soils.
In addition, water quality data for IRC, specifically groundwater data, are helpful to adjust the
default model parameters to match local conditions. Tetra Tech will gather available water
quality data from IRC as well as the St. Johns River Water Management District (SJRWMD).
Tetra Tech, Inc.
1353 N Courtenay Pkwy, Suite S j Merritt Island, FL 32953
Tel 321.636.6470 Fax 321.636.6473 www.tetratecln
Mr. Eric Charest
November 8, 2022
Page 2 of 4
Tetra Tech will review the available data and provide input to IRC on any data gaps that could
affect the model results.
Task 2. Develop ArcNLET Model and Conduct Modeling
Using the data gathered in Task 1, Tetra Tech will develop an ArcNLET model that encompasses
the entire IRL Basin within unincorporated IRC. The ArcGIS files will be incorporated into the
model and the available water quality data will be used to adjust the model parameters. The
model will then be run to determine the nitrogen loading impacts from the septic system to the
surface waterbodies within IRC.
Task 3. Conduct Sensitivity Analysis for Nitrogen Load Estimate
Tetra Tech will investigate the sensitivity in the nitrogen load estimates from the ArcNLET
model by providing probability density functions of the load estimates. This information will
help IRC to understand the minimum, maximum, and average nitrogen load estimates to help
with identification of future septic to sewer projects.
Task 4. Prepare Draft Report
Tetra Tech will prepare a draft report that summarizes the nitrogen loading from septic systems
to surface waterbodies for each area/basin of IRC and include a spreadsheet/database that shows
pollutant loading estimates per parcel. The report will also include the results of the sensitivity
analysis to help IRC understand the range of loading estimates. The draft report will be provided
as a Word document to IRC for review.
Task 5. Prepare Final Report
Tetra Tech will prepare a final report that incorporates the comments received from IRC on the
draft report in Task 4. The final report will be provided to IRC as both a Word document and
PDF.
Task 6. Communication and Meetings
Throughout the project, Tetra Tech will communicate with IRC to ensure the best data are
incorporated into the ArcNLET model and to keep IRC updated on the project status. An in-
person meeting will be held to review the draft report and model results with IRC to obtain input
for the final report.
PROJECT SCHEDULE
The approximate duration noted for each task is based on our current understanding and best
estimates of time required to perform the basic services and may be subject to change upon
agreement between IRC and Tetra Tech.
Task Timeline
Notice to Proceed TP November 10, 2022
IRC Provides All Data November 18, 2022
TETRA TECH 122
Mr. Eric Charest
November 8, 2022
Page 3 of 4
Task
Timeline
Submit Draft ArcNLET Model Report
December 28, 2022
Comments Retumed from IRC
January 3, 2023
Submit Final ArcNLET Model Report
January 6, 2023
ASSUMPTIONS
Tetra Tech's scope of services and project costs developed with the following assumptions:
• IRC will provide the available GIS files and water quality data needed to develop the
ArcNLET model.
• To meet IBC's January 9, 2023, deadline, an expedited review schedule is required. IRC
will provide input on the draft report within three days of receiving the report from Tetra
Tech.
• Additional restrictions or limitations as a result of COVID-19, weather, or other
unforeseen circumstances will not inhibit Tetra Techs level of effort or schedule.
PROJECT COST
The estimated costs are based on our current understanding of the project requirements and best
estimates of level of effort required to perform the basic services and may be subject to change
upon agreement between IRC and Tetra Tech. Our Time and Materials price proposal includes
labor hours and travel costs in the amount of $45,867, as outlined in Table 1. Project budgets
may be moved from one task to another to accommodate IRC needs.
Tetra Tech will invoice IRC each month for services rendered during the previous calendar
month based on work completed for each task. Tetra Tech shall be paid for all invoices within 30
days of an approved submittal.
PERIOD OF PERFORMANCE
Tetra Tech anticipates commencing project activities upon receipt of a task order authorization
from IRC. This project is anticipated to be completed by January 6, 2023 but may be extended to
accommodate additional report edits after the January 9, 2023 deadline.
Tetra Tech looks forward to working with you on this project. We are available to discuss our
approach with you in detail at your convenience. Should you have any questions regarding this
proposal, please contact me at (321) 636-6470.
Sincerely,
Matthew D. Shelton
Project Manager
Cc: Marcy Frick, Tetra Tech
Erin Lincoln, Tetra Tech
TETRA TECH 123
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Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
M VA
Consent Agenda - B. C.C. 12.6.22
Office of
INDIAN RIVER COUNTY
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: November 28, 2022
ATTORNEY
SUBJECT: Acceptance of Land Trust and St. John's River Water Management District Conservation
Easements
BACKGROUND.
Per the Liberty Park Planned Development Traditional Neighborhood Design, the developer was required to
set aside certain lands as conservation. Since the approval of the Liberty Park Planned Development
Traditional Neighborhood Design, the developer has sold one of those properties located at 3720 Indian River
Boulevard to the Indian River Land Trust, Inc. County staff has worked with the Indian River Land Trust,
Inc. on a conservation easement acceptable to both parties. The County Attorney's Office recommends the
Board approve the acceptance of the attached Grant of Conservation Easement.
The Liberty Park developer was required to dedicate a second Conservation Easement over upland scrub
habitat within the City of Sebastian. This second Conservation Easement will be dedicated to the St. John's
River Water Management District. Pursuant to the terms of the Easement, any changes to the Conservation
Easement must be approved by Indian River County in writing.
FUNDING.
There is no funding associated with these items.
RECOMMENDATION.
The County Attorney's Office recommends the Board approve the acceptance of the two attached Grant of
Conservation Easements.
ATTACHMENT.
Proposed Conservation Easements
Copies to Bruce Barkett, Esq.
C:IG..i—ILee..,SILJITe.pL'3Ja6115-1.8-0148-9e03491810360i73.do. 125
om J� as 80v�- LLP
0-1t,12-2- T+ern (9 .T.
CONSERVATION EASEMENT
THIS GRANT OF CONSERVATION EASEMENT, made and executed this day of
, 2022, by INDIAN RIVER LAND TRUST, INC., a Florida not-for-profit
corporation, whose mailing address is 80 Royal Palm Pointe, Suite 301, Vero Beach, FL 32960,
hereinafter called Grantor, to INDIAN RIVER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter
called Grantee,
WITNESSETH:
WHEREAS, Grantor is the fee simple owner of certain real property situated in Indian River
County, Florida described in Exhibit A and shown on Exhibit B attached hereto; and
WHEREAS, the establishment of a conservation easement is required by the Grantee as a
condition of approval of the Liberty Park Planned Development Traditional Neighborhood
Design (PDTND 2004110163-53297/PD-06-06-06).
WHEREAS, Grantor finds that it is appropriate to retain certain land or water areas on
Grantor's property in their natural, scenic, open, wooded condition; retaining such areas as
suitable for habitat for fish, plants, or wildlife;
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants, terms and
conditions and restrictions contained herein, Grantor does grant a conservation easement,
hereinafter called Conservation Easement, upon and across that real property, hereinafter called
the Property, described in Exhibit "A" to Grantee which Conservation Easement shall run with
the land and be binding upon the owner, its heirs, successors and assigns, and remain in full force
and effect, enforceable by the Grantee either by injunction or proceeding in equity or at law.
1. Pui�ose. The purpose of this Conservation Easement is to conserve and protect the
important conservation values of the Property including the wildlife habitat and ecological
characteristics, as well as protecting the general natural character of the Property, open and scenic
character as seen from Indian River Boulevard and the Indian River Lagoon, and fostering
landscape -scale conservation, reducing land fragmentation, and establishing potential wildlife
habitat corridors.
2. Reserved Rights of Grantor. Grantor reserves for its successors in interest with respect to
the Property, all rights with respect to the Property except as provided herein, including, without
limitation, the right of exclusive use, possession and enjoyment of the Property, and the right to sell,
transfer, lease, mortgage or otherwise encumber the Property, subject to the restrictions and
covenants set forth in this Conservation Easement. Nothing contained in this Conservation
with approval of Grantee in accordance with Section 5 herein, to accommodate changes that
may result from the reconfiguration of Indian River Boulevard and its intersection with 37`h
Street.
(b) Habitat Management Structures and Improvements. Habitat management structures and
improvements are permitted, including but not limited to nesting platforms and boxes,
mosquito control water pumps and associated security fencing, culverts and other water
control structures may be erected with 30 -days' notice to Grantee, subject to local and state
permitting, but are limited to 400 square feet in foot print or less. Upland and wetland
restoration and living shoreline projects may be implemented with approval of Grantee in
accordance with Section 5 herein, subject to local and state permitting.
(c) Fences and Signs. New fences, gates, and signs as are normal and customary for the
uses permitted in this Conservation Easement may be erected anywhere on the Property,
with approval by Grantee in accordance with Section 5 herein, subject to local and state
permitting, provided that any fences are constructed, insofar as practicable, to (1) blend with
the natural landscape and do not impinge materially on views of the Property from public
roads and waterways, and allow for wildlife to readily pass over, under or through, unless
said fences are part of an overall management plan for the Property which is consistent with
the purposes and intent of this Conservation Easement. A stone wall of historic nature,
made with local natural material, may be built along the Property frontage on Indian River
Boulevard as an extension to a stone wall from the Grantee's property adjoining the south
side of the Conservation Easement Property, with approval of Grantee in accordance with
Section 5 herein. Existing fences and walls may be repaired, and replaced anywhere on the
Property without notice to Grantee.
(d) Cutting and Clearing of Trees. There shall be no removal, destruction or cutting of non-
invasive, native live trees on the Property, except as follows:
(i) without prior notice to Grantee, trees may be removed anywhere on the
Property that are non-native and invasive, endanger public safety, are diseased, damaged
or fallen, or need to be removed to ensure the health or productivity of other native trees
or ecologically important attributes of the Property.
(ii). With approval by Grantee in accordance with Section 5, native trees and
vegetation may be removed in connection with a habitat restoration project or the
construction of permitted structures or improvements.
(iii) With 30 -days' notice to Grantee, Trees may be thinned or trimmed to
maintain existing waterways, utility lines, roads, trails, driveways, water exchange
culverts, gates, walls or fences and to maintain the overall health of said trees.
3
11. Recording. This Conservation Easement shall be recorded and indexed in the same
manner as any other instrument affecting the title to real property.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this
day of , 2022.
Signed in the presence of: GRANTOR:
sign:
print name:
sign:
print name:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
By: _
title:
print name:
The foregoing instrument was acknowledged before me by means of online or
in person notarization this day of , 2022 by
, the Board Chairman of Indian River Land Trust, Inc., a not-for-
profit corporation, on behalf of and as the act and deed of said corporation. He/she is personally
known to me or has produced (passport/driver's license) as identification.
NOTARY PUBLIC:
printed name:
Commission No.:
Commission Expiration:
5
Return Recorded Original to:
Bruce Barkett, Esq.
Collins Brown Barkett, Chartered
756 Beachland Blvd.
Vero Beach, FL 32963
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is made this day of
2022 by RYALL ACQUISITION GROUP, LLC, a Florida limited liability company,
having an address of 1848 Wilbur Avenue, Vero Beach, Florida 32960, ("Grantor"), in
favor of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body
existing under Chapter 373, Florida Statutes, having a mailing address at P. O. Box
1429, Palatka, Florida 32178-1429 ("Grantee")
WITNESSETH:
WHEREAS, Grantor solely owns in fee simple certain real property in Indian
River County, Florida, more particularly described in Exhibit A attached hereto and
incorporated by this reference (the "Property");
WHEREAS, Grantor grants this Conservation Easement to prevent adverse
impacts to natural resources, fish and wildlife, and wetland functions; and
WHEREAS, Except as provided herein, Grantor desires to preserve the Property
in its natural condition in perpetuity;
NOW THEREFORE, in consideration of the foregoing and the mutual covenants,
terms, conditions and restrictions contained herein, and pursuant to the provisions of
section 704.06, Florida Statutes, Grantor hereby voluntarily grants and conveys to
Grantee a conservation easement in perpetuity over the Property of the nature and
character and to the extent hereinafter set forth (the "Conservation Easement").
126
Grantor fully warrants title to said Property, and will warrant and defend the same
against the lawful claims of all persons whomsoever.
1. Purpose. The purpose of this Conservation Easement is to assure that the
Property will be retained forever in its existing natural condition and to prevent any use
of the Property other than those uses described herein which will impair or interfere with
the environmental value of the Property.
2. Prohibited Uses. Any activity on or use of the Property inconsistent with the
purpose of this Conservation Easement is prohibited. Without limiting the generality of
the foregoing, the following activities and uses are expressly prohibited:
(a) Construction or placing buildings, roads, signs, billboards or other
advertising, utilities or other structures on or above the ground. Irrigation systems
required to sustain vegetation within any landscape buffer areas are permitted.
(b) Dumping or placing soil or other substance or material as landfill or dumping
or placing of trash, waste or unsightly or offensive materials.
(c) Removing or destroying trees, shrubs, or other vegetation.
(d) Excavating, dredging or removing loam, peat, gravel, soil, rock or other
material substances in such a manner as to affect the surface.
(e) Surface use, except for purposes that permit the land or water area to
remain predominantly in its natural condition.
(f) Activities detrimental to drainage, flood control, water conservation, erosion
control, soil conservation, or fish and wildlife habitat preservation; provided, however,
activities and construction of facilities by the City of Sebastian to implement stormwater
management or to enhance environmental function shall be permitted.
2
127
(g) Acts or uses detrimental to such retention of land or water areas.
(h) Construction of docks, piers, or other structures
(i) Acts or uses detrimental to the preservation of the structural integrity or
physical appearance of sites or properties of historical, architectural, archaeological, or
cultural significance.
3. Reserved Rights. Grantor reserves unto itself, and its successors and
assigns, all rights accruing from its ownership of the Property, including the right to
engage in or permit or invite others to engage in all uses of the Property that are not
expressly prohibited herein and are not inconsistent with the purpose of this
Conservation Easement. Notwithstanding the prohibitions contained within Section 2
above, the Grantor reserves unto itself, and its successors and assigns, the right to
conduct mitigation activities approved by Grantee.
4. Rights of Grantee. To accomplish the purposes stated herein, Grantor
conveys the following rights to Grantee:
(a) To enter upon and inspect the Property in a reasonable manner and at
reasonable times to determine if Grantor or its successors and assigns are complying
with the covenants and prohibitions contained in this Conservation Easement.
(b) To proceed at law or in equity to enforce the provisions of this Conservation
Easement and the covenants set forth herein, to prevent the occurrence of any of the
prohibited activities set forth herein and
require the restoration of areas or features of the Property that may be damaged by any
activity inconsistent with this Conservation Easement.
3
128
5. Grantee's Discretion. Grantee may enforce the terms of this Conservation
Easement at its discretion, but if Grantor breaches any term of this Conservation
Easement and Grantee does not exercise its rights under this Conservation Easement,
Grantee's forbearance shall not be construed to be a waiver by Grantee of such term,
or of any subsequent breach of the same, or any other term of this Conservation
Easement, or of any of the Grantee's rights under this Conservation Easement. No
delay or omission by Grantee in the exercise of any right or remedy upon any breach by
Grantor shall impair such right or remedy or be construed as a waiver. Grantee shall
not be obligated to Grantor, or to any other person or entity, to enforce the provisions of
this Conservation Easement.
6. Grantee's Liability. Grantor will indemnify Grantee for any injury or damage
to the person or property of third parties which may occur on the Property arising from
Grantor's ownership of the Property. Neither Grantor, nor any person or entity claiming
by or through Grantor, shall hold Grantee liable for any damage or injury to person or
personal property which may occur on the Property.
7. Acts Beyond Grantor's Control. Nothing contained in this Conservation
Easement shall be construed to entitle Grantee to bring any action against Grantor for
any injury to or change in the Property resulting from natural causes beyond Grantor's
control, including, without limitation, fire, flood, storm and earth movement, or from any
necessary action taken by Grantor under emergency conditions to prevent, abate or
mitigate significant injury to the Property or to persons resulting from such causes.
8. Recordation. Grantor shall record this Conservation Easement in timely
fashion in the Official Records of Indian River County County, Florida, and shall
4
129
rerecord it at any time Grantee may require to preserve its rights. Grantor shall pay all
recording costs and taxes necessary to record this Conservation Easement in the public
records. Grantor will hold Grantee harmless from any recording costs or taxes
necessary to record this Conservation Easement in the public records.
9. Modification. This easement may only be modified, amended or released as
to all or any portion of the Property by a written instrument executed by the then owner
of the fee simple title to the Property and by St. John's River Water Management
District; provided that the modification, amendment or release has also been approved
in writing by Indian River County. If so required by the County, it shall join in the
execution of any instrument necessary or desirable to effect any such modification,
amendment or release.
10. Successors. The covenants, terms, conditions and restrictions of this
Conservation Easement shall be binding upon and inure to the benefit of the parties
hereto and their respective personal representatives, heirs, successors and assigns
and shall continue as a servitude running in perpetuity with the Property. Grantor may
dedicate or convey the Property or any portion thereof to the City of Sebastian. Upon
such conveyance or dedication, the City of Sebastian shall have all obligations of
Grantor hereunder.
s
130
IN WITNESS WHEREOF, Grantor has executed this Conservation Easement on
the day and year first above written.
Signed in the presence of: GRANTOR:
sign:
print name:
sign:
print name:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
By:
title:
print name:
The foregoing instrument was acknowledged before me by means of
online or in person notarization this day of ,
2022 by , the Board Chairman of Indian River Land
Trust, Inc., a not-for-profit corporation, on behalf of and as the act and deed of said
corporation. He/she is personally known to me or has produced
(passport/driver's license) as identification.
NOTARY PUBLIC:
printed name:
Commission No.:
Commission Expiration:
6
131
THE SOUTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER
OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA.
TOGETHER WITH:
THE NORTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER
OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA.
132
t
Consent Agenda
December 6, 2022
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: November 29, 2022
SUBJECT: FY 2021-2022 Records Management Compliance Statements
FROM: Kimberly K. Moirano, Records Management Liaison Officer
Description
Florida Public Agencies are required to maintain specific information documenting the
disposition of public records. According to Rule 1 B-24.003(11), Florida Administrative
Code, each agency is required to submit an annual statement to the Division of Library
and Information Services, Florida Department of State, which includes a signed Records
Management Compliance Statement attesting to the agency's compliance with Florida
public records disposition laws, rules and procedures.
Attached are the annual Records Management Compliance Statements for Fiscal Year
2021-2022 for the Indian River County Board of County Commissioners, Solid Waste
Disposal District Indian River County and Indian River County Emergency Services
District.
Attachments: Letters dated November 1, 2022 from the Florida Department of
State and Record Disposition Compliance Statements for the Indian
River County Board of County Commissioners Office, Solid Waste
Disposal District Indian River County and Indian River County
Emergency Services District.
133
RECORDS MANAGEMENT COMPLIANCE STATEMENT
Fiscal Year 2021 - 2022
Agency ID C0620500
'Section 257.36(5), Florida Statutes: 'For the purposes of this section, the term 'agency shall mean. any state, county district, or municipal officer department, dlws or,.
bureau. board, commission or other separate unit of govemment created or established by law It is the duty of each agency to (a; Cooperate with the division in complying
with the provisions of this chapter and designate a records management liaison officer (b) Establish and maintain an active and continuing program for the economical and
efficient management of records
2Rule 18-24.003(9), Florida Administrative Code: 'Publ!c records may be destroyed or otherwise disposed of only in accordance with retention schedules established by
the Division Photographic reproductions or reproductions through eiectronic recordkeeping systems may substitute for the original or paper copy.. per Section 92.29, F S
Photographic or electronic copies Prior to records disposition, agencies must ensure that all retention requirements have been satisfied For each record ser es being
disposed of agencies shall identify and document the following 1 Records retention schedule number, 2 Item number, 3 Record series tide. 4 Inclusive Cates of the
records, 5 Volume in cubic feet for paper records, for electronic records.. record the number of bytes and/or records andicr files if known, or indicate that the disoosed
records were in electronic form, and 6 Dispositior action (manner of disposition) and date '
Please complete and return this compliance statement by December 31, 2022 (submit one copy only, please) to:
Department of State
Records Management Program, Mail Station 9E OR recmgt@dos.myflorida.com
Tallahassee, FL 32399-0250
134
1. This agency is in compliance with Section 257.36(5), Florida Statutes,' and Rule 1B-24.003(9), Florida
Administrative Code,2 for all public records regardless of medium or format (e.g., paper; electronic,
Cincluding
email; microfilm; audio; video; etc.).
[l Yes ❑ No (Unmarked responses will be recorded as not in compliance.)
v
2. This agency disposed of 982.96 cubic feet of records during the fiscal year indicated above.
=L
3. This agency disposed of records in electronic form during the fiscal year indicated above.
O
U
ER Yes ❑ No (It is not necessary to indicate volume of electronic records disposed.)
.0--•
4. ❑ Check here if you would like to be contacted for assistance. Indicate your questions/areas of concern on
(�
the reverse side of thi
Q
Agency Head Signature:a Date li' Zg- Za22
0
Name of Agency Head (please print): Joseph H. Earman
Title of Agency Head (please print): Chairman
e
Please indicate changes to Agency Information on the lines provided on the right.
O
r
Current Information:
E
Please do not erase or cover information below Indicate changes or additions on the lines below
C L
Agency Name Indian River County Board of County Commissioners
O v0-.
v �
Agency Head Mr Peter D.O'B an Mr. Joseph H. Earman
9 Y ry
d �
cl) V
Address: 1801 27th Street
O
Building A
Q
Vero Beach Florida 32953-3365
Section 257 36(5)(a), Florida Statutes,' requires public agencies to designate a Records Management Liaison Officer
(RMLO). Please indicate changes to RMLO Information on the lines provided on the right. If Current Information is blank.
=
please designate an RM_0 for your agency on the lines provided on the right
0
Current Information.
Please do not erase or cover information below Indicate changes or additions on the lines below
O wO-
RMLO: Ms Kimberly Mo rano
v =
Address: 1801 - 27th Street
dO
Building A
J
Vero Beach, FL 32960-3365
Phone: (772) 226-1442 Ext.:
Email: Kmotranc@rcgov com
'Section 257.36(5), Florida Statutes: 'For the purposes of this section, the term 'agency shall mean. any state, county district, or municipal officer department, dlws or,.
bureau. board, commission or other separate unit of govemment created or established by law It is the duty of each agency to (a; Cooperate with the division in complying
with the provisions of this chapter and designate a records management liaison officer (b) Establish and maintain an active and continuing program for the economical and
efficient management of records
2Rule 18-24.003(9), Florida Administrative Code: 'Publ!c records may be destroyed or otherwise disposed of only in accordance with retention schedules established by
the Division Photographic reproductions or reproductions through eiectronic recordkeeping systems may substitute for the original or paper copy.. per Section 92.29, F S
Photographic or electronic copies Prior to records disposition, agencies must ensure that all retention requirements have been satisfied For each record ser es being
disposed of agencies shall identify and document the following 1 Records retention schedule number, 2 Item number, 3 Record series tide. 4 Inclusive Cates of the
records, 5 Volume in cubic feet for paper records, for electronic records.. record the number of bytes and/or records andicr files if known, or indicate that the disoosed
records were in electronic form, and 6 Dispositior action (manner of disposition) and date '
Please complete and return this compliance statement by December 31, 2022 (submit one copy only, please) to:
Department of State
Records Management Program, Mail Station 9E OR recmgt@dos.myflorida.com
Tallahassee, FL 32399-0250
134
RECORDS MANAGEMENT COMPLIANCE STATEMENT
Fiscal Year 2021 - 2022
Agency ID N0000527
'Section 257.36(5), Florida Statutes: 'For the purposes of this section the term 'agency shalt mean any state.. county, d stria. or municipal offce•, deparment, divas on
bureau, board commission, or other separate unit of government created or established by law It is the duty of each agency to (a) Cooperate with the division n complying
with the pfov,sions of this chapter and designate a records management liaison officer. (b) Establish and maintain an active anc continuing program for the economical and
efficient management of records "
'Rule 1B-24.003(9), Florida Administrative Code: `Public records may be destroyed or otherAise disposed of only in accordance with retention schedules established by
the Division Photographic reproductions or reproductions through electronic recordkeepmg systems may substitute for the original or paper copy. per Section 92 29 F S
Photographic or electronic copies Prior to records disposition agencies must ensure that alretention reclu-cements have been satisfied For each record series being
disposed of. agences shall identify and document the following 1 Records retention schedule number; 2 Item number 3 Record series title, 4 Incius:ve dates of the
records, 5 Volume in cubic feet for paper records, for electronic records record the number of bytes and/or records and/or files if knows or indicate that the disposed
records were in electronic form, and 6 Disposition action (manner of disposition) and date '
Please complete and return this compliance statement by December 31, 2022 (submit one copy only, please) to:
Department of State
Records Management Program, Mail Station 9E OR recmgt@dos.myflorida.com
Tallahassee, FL 32399-0250
135
1. This agency is in compliance with Section 257.36(5), Florida Statutes,' and Rule 1 B-24.003(9), Florida
Administrative Code,' for all public records regardless of medium or format (e.g., paper: electronic,
C
including email; microfilm; audio; video; etc.).
O
F Yes ❑ No (Unmarked responses will be recorded as not in compliance.)
v
2. This agency disposed of 0 cubic feet of records during the fiscal year indicated above.
CL
3. This agency disposed of records in electronic form during the fiscal year indicated above.
d
2 U
R Yes ❑ No (It is not necessary to indicate volume of electronic records disposed )
U
4. ❑ Check here if you would like to be contacted for assistance. Indicate your questions/areas of concern on
to C
the reverse side of this
ea
Q.
Agency Head Signature. Date /�— Z/'� Z40ZZ'"
OName
of Agency Head (please print) Joseph H. Earman
U
Title of Agency Head (please print) Chairman
C
Please indicate changes to Agency Information on the lines provided on the right
:
Current Information.
to
E
Please do not erase or cover information below indicate changes or additions on the lines below.
C L
Agency Name Solid Waste Disposal District Indian River County
w
_O
*'
U
Agency Head Mr Peter O'B an Mr. Joseph H. Earman
g y ry
d A
0 v
Address: 1801 27th Street
Building A
Q
Vero Beach, Florida 32950-3365
Section 257.36(5)(a), Florida Statutes' requires public agencies to designate a Records Management Liaison Officer
(RMLO). Please indicate changes to RMLO Information on the lines provided on the right. If Current Information is blank
C
please designate an RMLO for your agency on the lines provided on the right.
0
Current Information:
—_ M
Please do not erase or cover information below. Indicate changes or additions on the lines below.
C
O �O
RMLO: Ms Kimberly K Molrano
j =
Address: 1801 - 27th Street
O O
Building A
J
Vero Beach, FL 32960-3388
Phone: (772) 226-1442 Ext.:
Email: Kmoiranc@ircgov com
'Section 257.36(5), Florida Statutes: 'For the purposes of this section the term 'agency shalt mean any state.. county, d stria. or municipal offce•, deparment, divas on
bureau, board commission, or other separate unit of government created or established by law It is the duty of each agency to (a) Cooperate with the division n complying
with the pfov,sions of this chapter and designate a records management liaison officer. (b) Establish and maintain an active anc continuing program for the economical and
efficient management of records "
'Rule 1B-24.003(9), Florida Administrative Code: `Public records may be destroyed or otherAise disposed of only in accordance with retention schedules established by
the Division Photographic reproductions or reproductions through electronic recordkeepmg systems may substitute for the original or paper copy. per Section 92 29 F S
Photographic or electronic copies Prior to records disposition agencies must ensure that alretention reclu-cements have been satisfied For each record series being
disposed of. agences shall identify and document the following 1 Records retention schedule number; 2 Item number 3 Record series title, 4 Incius:ve dates of the
records, 5 Volume in cubic feet for paper records, for electronic records record the number of bytes and/or records and/or files if knows or indicate that the disposed
records were in electronic form, and 6 Disposition action (manner of disposition) and date '
Please complete and return this compliance statement by December 31, 2022 (submit one copy only, please) to:
Department of State
Records Management Program, Mail Station 9E OR recmgt@dos.myflorida.com
Tallahassee, FL 32399-0250
135
RECORDS MANAGEMENT COMPLIANCE STATEMENT
Fiscal Year 2021 - 2022
Agency ID. N0000164
'Section 257.36(5), Florida Statutes: 'For the purposes of this section, tie term agency' steal mean any slate, county, district, or muncipal officer department, division,
bureaj board, commission or other separate unit of government created or established by law It is the duty of each agency to (a) Cooperate with the division in complying
with the provisions of this chapter and designate a records management liaison officer (b) Establish and maintain an active and continuing program for the ecoromicai and
efficient management of records "
'Rule 1B-24.003(9), Florida Administrative Code: "Public records may be destroyed or otherwise disposed of only it accordance with retention schedules established by
the Division Photographic reproductions or .,eprcductlons through electronic recordkeeping systems may substUte for the original or paper copy, per Section 92 29 F. S
Photographic or electronic copies Prior to records disposition agencies must ensure that all retentior requirements nave teen satisfied For each record series berg
disposed of, agencies shall identify and document the following 1 Records retention schedule number, 2 Item number. 3 Record series title, 4 Inclusive dates of the
records, 5 Volume in cubic feet for paper records, for electronic records. record the rumber of bytes and/or records and/or files rf known or indicate that the disposed
records were in electronic form, and 6 Disposition action (manrer of disposition) and date "
Please complete and return this compliance statement by December 31, 2022 (submit one copy only, please) to:
Department of State
Records Management Program, Mail Station 9E OR recmgt@dos.myflorida.com
Tallahassee, FL 32399-0250
136
1. This agency is in compliance with Section 257.36(5), Florida Statutes,' and Rule 1 B-24.003(9), Florida
Administrative Code,2 for all public records regardless of medium or format (e.g., paper; electronic,
00
including email; microfilm; audio; video; etc.).
Pfl Yes ❑ No (Unmarked responses will be recorded as not in compliance )
v
2. This agency disposed of 0 cubic feet of records during the fiscal year indicated above.
_3.
This agency disposed of records in electronic form during the fiscal year indicated above.
d
U
0 Yes ❑ No (It is not necessary to indicate volume of electronic records disposed.)
L)
4. ❑ Check here if you would like to be contacted for assistance. Indicate your questionslareas of concern on
to =
ea
Q
the reverse side of this f
Agency Head Signature t-� — Date
OName
of Agency Head (please print): Joseph H. Earman
U
Title of Agency Head (please print): Chairman
C
Please indicate changes to Agency Information on the lines provided on the right
O
+•
Current Information.
E
Piease do not erase or cover information below. Indicate changes oradditions on the lines below
C 0
Agency Name Indian River County Emergency Services District
O_ ,-
'"' =
V
A enc Head. Mr Peter O'B an Mr. Joseph H. Earman
9 Y rY
d a
v
Address: 1801 27th Street
O
O
Building A
Q
Vero Beach. Fonda 32960-3388
Section 257.36(5)(a), Florida Statutes,' requires public agencies to designate a Records Management Liaison Officer
(RMLO). Please indicate changes to RMLO Information on the lines provided on the right If Current Information is blank
=
please designate an RMLO for your agency on the lines provided on the right.
C
Current Information.
.r
ca
Piease do not erase or cover information below Indicate changes or additions on the lines below.
O vO–
RMLO: Ms Kimberly K. Moirano
V
Address: 1801 - 27th Street
d O
N
Building A
J
Vero Beach, FL 32960-3388
Phone: (772) 226-1442 Ext.:
Email: kmoirano@ircgov com
'Section 257.36(5), Florida Statutes: 'For the purposes of this section, tie term agency' steal mean any slate, county, district, or muncipal officer department, division,
bureaj board, commission or other separate unit of government created or established by law It is the duty of each agency to (a) Cooperate with the division in complying
with the provisions of this chapter and designate a records management liaison officer (b) Establish and maintain an active and continuing program for the ecoromicai and
efficient management of records "
'Rule 1B-24.003(9), Florida Administrative Code: "Public records may be destroyed or otherwise disposed of only it accordance with retention schedules established by
the Division Photographic reproductions or .,eprcductlons through electronic recordkeeping systems may substUte for the original or paper copy, per Section 92 29 F. S
Photographic or electronic copies Prior to records disposition agencies must ensure that all retentior requirements nave teen satisfied For each record series berg
disposed of, agencies shall identify and document the following 1 Records retention schedule number, 2 Item number. 3 Record series title, 4 Inclusive dates of the
records, 5 Volume in cubic feet for paper records, for electronic records. record the rumber of bytes and/or records and/or files rf known or indicate that the disposed
records were in electronic form, and 6 Disposition action (manrer of disposition) and date "
Please complete and return this compliance statement by December 31, 2022 (submit one copy only, please) to:
Department of State
Records Management Program, Mail Station 9E OR recmgt@dos.myflorida.com
Tallahassee, FL 32399-0250
136
CONSENT: 12/6/2022
Office of
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: November 29, 2022
SUBJECT: Resolutions Cancelling Taxes
Resolutions have been prepared for the purpose of earmarking the public use of the following
properties and cancelling any delinquent, omitted or current taxes which may exist on the
properties obtained by Indian River County:
Public Purpose: Lift Station for West Wabasso Ph 3 Septic to Sewer Project
Location/Description: 0.24 -acre - 31392900002000000015.0 - 8685 61st Drive
0.25 -acre - 31392900002000000016.0 - 8695 61st Drive
Purchased from: Indian River County Habitat for Humanity, Inc.
Instrument: Warranty Deed, recorded in Book 3583, Page 1802 of the
public records of Indian River County
Public Purpose: Right -of -Way/ Dry Retention Stormwater Treatment System
Location/Description: Cut out of Parcel No.: 33391000001007000009.2 - 12th St.
Donated from: Fallaw Broadus Sowell and Louise V. LaDow as Co -Trustees
Instrument: Warranty Deed, recorded in Book 3572 Page 2475 of the
public records of Indian River County
FUNDING:
There is no cost associated with this item.
RECOMMENDATION:
Authorize the Chairman of the Board of County Commissioners to execute the Resolutions to
cancel certain taxes upon the properties purchased by or donated to Indian River County for a
public purpose, and the Clerk to send a certified copy of the Resolutions to the Tax Collector and
the Property Appraiser so that any delinquent or current taxes can be cancelled.
ATTACHMENTS:
Resolutions
cc: Carole Jean Jordan - Tax Collector
Wesley Davis - Property Appraiser
137
Purchased from Indian River County Habitat for Humanity, Inc.
Public Purpose: Lift Station for West Wabasso Ph 3 Septic to Sewer Project
Tax Parcel Portion of Parcel Nos.:
0.24 -acre - 31392900002000000015.0 - 8685 61st Drive
0.25 -acre - 31392900002000000016.0 - 8695 61st Drive
RESOLUTION NO. 2022-
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.;
1 138
RESOLUTION NO. 2022 -
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 Indian River County from
Indian River County Habitat for Humanity, Inc., a Florida Not for Profit
Corporation for a Lift Station for West Wabasso Phase 3 Septic to Sewer
Project, are hereby cancelled pursuant to the authority of section 196.28, F.S.
See Special Warranty Deed describing lands,
recorded in O.R. Book 3583, Page 1802 of the
Public Records of Indian River County, Florida.
The 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:
Commissioner Joseph H. Earman
Commissioner Susan Adams
Commissioner Joseph E. Flescher
Commissioner Deryl Loar
Commissioner Laura Moss
The Chairman thereupon declared the resolution duly passed and
adopted this day of December, 2022.
2 139
RESOLUTION NO. 2022 -
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
-31
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller
0
Deputy Clerk
Joseph H. Earman, Chairman
Tax Certificates Outstanding _ X
Yes No
Current Prorated Tax Received
and Deposited with Tax Collector $
Approved as to form and
legal sufficiency:
By:
Dylan Reingold
County Attorney
3
Purchased from Fallaw Broadus Sowell and Louise V. LaDow as Co -Trustees
Public Purpose: Right -of -Way/ Dry Retention Stormwater Treatment System
Tax Parcel Portion of Parcel Nos.: 33391000001007000009.2
RESOLUTION NO. 2022-
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.;
1 141
RESOLUTION NO. 2022 -
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 donated to Indian River County from
Fallaw Broadus Sowell and Louise V. LaDow as Co -Trustees of the
Broadus F. and Patricia B. Sowell Revocable Trust dated August 13, 2008
for a Right-of-Way/Dry Retention Stormwater Treatment System, are hereby
cancelled pursuant to the authority of section 196.28, F.S.
See Special Warranty Deed describing lands,
recorded in O.R. Book 1372, Page 2475 of the
Public Records of Indian River County, Florida.
The 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;
Commissioner Joseph H. Earman
Commissioner Susan Adams
Commissioner Joseph E. Flescher
Commissioner Deryl Loar
Commissioner Laura Moss
The Chairman thereupon declared the resolution duly passed and
adopted this day of December, 2022.
2 142
RESOLUTION NO. 2022 -
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
al
Joseph H. Earman, Chairman
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller
Deputy Clerk
Tax Certificates Outstanding _ X
Yes No
Current Prorated Tax Received
and Deposited with Tax Collector $
Approved as to form and
legal sufficiency:
By:
Dylan Reingold
County Attorney
3
143
Consent Item
�Im
Indian River County, Florida
Department of Utility Services
Board Memorandum
Date: November 15, 2022
To: Jason E. Brown, County Administrator
From: Sean C. Lieske, Director of Utility Services
Prepared By: Michael Loveday, Wastewater Superintendent
Subject: Central Wastewater Treatment Facility FDEP Permit Renewal
Background/Analysis:
The existing Central Wastewater Treatment Facility (CWWTF) operates under Florida Department of
Environmental Protection (FDEP) permit number FLA010431, which expires March 29, 2024. Rule 62-
620.335 of the Florida Administrative Code (FAC) requires that all wastewater treatment facilities renew
the FDEP operating permit every five to ten years, depending on permit limitations. Applications for
permit renewal must be submitted to the appropriate FDEP office at least 180 days prior to the
expiration of the FDEP permit. Therefore, the renewal application for the Indian River County CWWTF is
due on, or before, September 29, 2023. The CWWTF annual average daily flow (AADF) influent flows
through October 2022 are approaching 2.2 million gallons per day (MGD). The facility is a 4.0 MGD
permitted capacity and thus, no increase in treatment plant capacity is proposed for this facility. The
CWWTF provides service to the North County service area as well as the East Central mainland area of
the County. Effluent from this facility is pumped to the county -wide slow -rate public access reuse
system that supplies reuse water to multiple customers in the north county mainland and barrier island
areas.
The County desires to utilize MBV and Associates, Inc., (MBV), via the Continuing Consultant
Engineering Services Agreement for Professional Services entered into on April 17, 2018 and extended
on May 7, 2021, to provide engineering services to prepare and submit the permit renewal application
and respond to requests for additional information (RAI) from FDEP. The intent is to submit the
application to Indian River County Department of Utility Services (IRCDUS) staff by July 31, 2023, for
review and approval. After approval by IRCDUS, the renewal application and supporting documentation
will be submitted by MBV to FDEP by the September 29, 2023, deadline.
Funding:
Funds in the amount of $36,750 for the CWWTF permit renewal are in the Utilities/WW Treat/Other
Professional Services account, number 47121836-033190, which are part of the Utilities operating
funds. Utilities operating funds are generated from water and sewer sales.
Description
Account Number
Total Amount
Utilities/WW Treat/Other Professional Services
1 47121836-033190
$ 36,750.00
Recommendation:
It is staff's recommendation that the Board of County Commissioners approve MBV Engineering, Inc.'s
proposed Engineer's Project Work Order 427 in the amount of $36,750.00 to prepare and submit the
Central Wastewater Treatment Facility permit renewal package, and authorize the Chairman to execute
the work order.
Attachments:
1. MBV Proposal -Engineer's Work Order #27
145
WORK ORDER 27
Indian River County Central WWTF Operating Permit Renewal (FLA010431)
IRC Project No. xxxx
This Work Order Number 27 is entered into as of this _ day of , 202_, pursuant to that
certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this
17`h day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY,
a political subdivision of the State of Florida ("COUNTY") and MBV Engineering, Inc. ("Consultant").
The COUNTY has selected the Consultant to perform the professional services set forth on
Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The
professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B
(Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant
will perform the professional services within the timeframe more particularly set forth in Exhibit C
(Time Schedule), attached to this Work Order and made a part hereof by this reference all in
accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of
the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement
and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as
if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first
written above.
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
MBV Engineering, Inc. OF INDIAN RIVER COUNTY
Title: Vice President
Joseph H. Earman, Chairman
BCC Approved Date:
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
Approved as to form and legal sufficiency:
Jason E. Brown, County Administrator
Dylan T. Reingold, County Attorney
146
EXHIBIT A - SCOPE OF WORK
It is our understanding that the COUNTY intends to renewal the operating permit for the Central
Regional Wastewater Treatment Facility with the Florida Department of Environmental Protection
(FDEP). The current operating permit will expire on March 29, 2024, with renewal submittals required
to be submitted at least 180 days prior to the expiration of the permit (or on or before September 29,
2023). We also understand that the current FDEP operating permit state that the renewal submittal
must include a detailed operation and maintenance performance report.
MBV Engineering, Inc. will provide the required inspection, application paperwork, and report as
related to this project. A description for each service is provided in below in further detail.
1. Site Inspection
MBV Engineering, Inc. will conduct the required site inspections to inspect the site and meet
with the plant operators. The inspections will include an evaluation of the following:
1. The general condition of the facility
2. Component, system, and process reliability standards as required by Rule 62-
600.400(1)(b), F.A.C.
3. Component, system, and process operations
4. Hydraulic and organic loading
5. Safety features
6. Operator certifications
7. Facility maintenance program
8. Facility records
9. Sampling procedures
10. Laboratory analysis procedures
2. Tabulation and Analysis of Plant Operating Data
MBV Engineering, Inc. will tabulate and analyze, as required by FDEP, historical plant operating
data, which documents plant operating conditions for the duration of the current operating
permit. Plant operating data will be provided by Indian River County Utilities (IRCU) staff as
specified in the "Information Provided by Owner" section found within this Scope of Services.
3. Preparation and Submittal of FDEP Permit Renewal
MBV Engineering, Inc will prepare and provide to IRCU, the following applications and forms
necessary to obtain the facility's required operating permit. After IRCU approval MBV
Engineering, Inc will then provide the applications and forms to FDEP.
1. FDEP Wastewater Facility or Activity Permit Form 1 - DEP Form 62-620.910(1)
2. FDEP Wastewater Facility or Activity Permit Form 2A - DEP Form 62-620.910(2)
3. Application to renew shall include updated Capacity Analysis Report (62-600.405)
4. Application to renew shall include detailed Operation and Maintenance Report (62-
600.735)
The Consultant will be responsible for the above listed permit fee. The Consultant shall respond
to up to one (1) request for additional information by the permitting agency.
147
4. Preparation of FDEP Required Backup Documentation
MBV Engineering, Inc. will provide to FDEP and IRCU the following backup documents, maps,
and diagrams that are necessary to obtain the facility's required operating permit.
1. Process Flow Diagram
2. Site Plan
3. Location and Vicinity Maps
4. Facilities Description
5. Attendance at FDEP Meeting/Site Inspection Necessary to Close-out New Permit
MBV Engineering, Inc will attend the final walk-through meeting/inspection that is normally
necessary in order to finalize the permitting process. This on-site meeting is usually attended
by both FDEP and county personnel as well as a representative of the engineering firm in order
to discuss the details of the WWTF and what, if any, plant issues need to be addressed.
DELIVERABLES
The Consultant shall provide the COUNTY with the following:
One (1) signed & sealed hard copy of the permit renewal package, including the revised operations
and maintenance performance report
EXHIBIT B - FEE SCHEDULE
The COUNTY agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this
Agreement, fees inclusive of expenses in accordance with the following:
Task
Fee
Task 1: Site Inspection
$ 5,250
Task 2: Tabulation of Plant Operating Data (supplied by IRC)
$ 4,500
Task 3: Preparation & Submittal of FDEP Permit Renewal
$ 18,750
Task 4: Preparation of the FDEP required backup documentation
$ 8,250
Task 5: Attendance at FDEP Meeting/ Site Inspection
Included
Work Authorization Total
$ 36,750
ADDITIONAL SERVICES
The following services are not included in the Scope of Services for this project, but may be required
depending on circumstances that may arise during the execution of this project. Additional services
include, but may not be limited to the following:
• Additional site visits that are not described in the Scope of Services
• Attendance at meetings that are not described in the Scope of Services
• Reponses to agency requests for additional information beyond what is listed herein
• Research of FDEP/client files to obtain information necessary for permitting
• Preparation of updated Effluent Disposal and Reclaimed Water Use Protocol (if requested by FDEP)
• Preparation of updated Reuse Feasibility Study (if requested by FDEP)
• Preparation of updated Operation & Maintenance Manual (if requested by FDEP)
When required by the COUNTY or the Contract Documents, where circumstances exist beyond the
Consultant's control, Consultant shall provide or obtain from others, as circumstances required, those
additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY
promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by County
in accordance with the Master Agreement, Professionals and vendor intended to provide additional
services shall first be approved by the COUNTY, in writing, by the COUNTY's Project Manager.
The COUNTY has selected the Consultant to perform the professional services set forth on this Work
Order. The professional services will be performed by the Consultant for the fee schedule set forth in
this Work Order. The Consultant will perform the professional services within the timeframe more
particularly set forth in this Work Order 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.
EXHIBIT C - SCHEDULE
Upon authorization to proceed by the COUNTY, the above described services will be provided based
on the following schedule:
• Renewal Package to IRCDUS for review
• Submittal to FDEP
120 days from the date of authorization
(no later than July 31, 2023)
180 days from the date of authorization
(on or before September 29, 2023)
149
REQUIRED INFORMATION TO BE PROVIDED BY OWNER:
The Owner shall provide the following information related to the Indian River County Central Regional
Wastewater Treatment Facility, FDEP Permit Renewal:
• Access to the facility for site inspection(s)
• Last 5 years of DMRs
• Current operating permit
• Residuals Dewatering Permit
• Current Reclaimed Water or Effluent Analysis Report
• Current Effluent Disposal and Reclaimed Water Use Protocol
• Current Reuse Feasibility Study
• RPZ certification(s)
• Flow meter calibration report(s)
• Violations / Inspections from FDEP
• List of Modifications to WWTF since the last permit renewal (2011)
• Agreements with Individual Users of Reclaimed Water
• Operation Manager's name & certification number
• Chief Plant Operator's name & certification number
• Sample Testing Laboratory— Name, Address & Certification Number
• Year facility was placed into service
• Name and title of person signing applications for renewal
• Residual Hauler Agreement — Facility information: name, address, phone, ID number, and
treatment process
• Provide existing facility volumes (i.e. aeration basins, chlorine contact chamber, etc.) either from
design plans or recent permit renewal plans.
150
Consent Item
Indian River County, Florida 1A
Department of Utility Services
Board Memorandum
Date: November 21, 2022
To: Jason E. Brown, County Administrator
From: Sean C. Lieske, Director of Utility Services
Prepared by: Richard Meckes, Utilities Operations Manager
Subject: Change Order 2 to TLC Diversified, Inc., for the South Water Treatment Plant Membrane
and Retrofit Project
Background/Analysis:
On June 15, 2021, the Board of County Commissioners (BCC) awarded the bid to TLC Diversified (TLC) for
the South Water Treatment Plant (SWTP) Membrane and Retrofit Project in the amount of $10,665,515.65.
On August 16, 2022, Change Order No. 1 was executed for $483,563.83, bringing the project total to
$11,149,079.48. During the construction phase of this project, staff was made aware of deficiencies related
to components of the treatment plant that were not originally part of the project. The components that
are deficient are three (3) malfunctioning 14 -inch valves and a leaking 18 -inch transfer pipe. The County's
Engineer of Record on the project, Kimley-Horn and Associates (KHA), recommended replacement of the
deficient components to ensure they are updated along with the rest of the upgrades to the plant.
To accomplish the replacement of the three (3) malfunctioning 14 -inch valves that are beyond their useful
life, and to make the emergency repair to the leaking 18 -inch transfer pipe, the contractor will install two
(2) line stops that will be required on the existing high service pump suction line. The line stops on the 14 -
inch line and the 30 -inch high service pump suction line are required to ensure that the SWTP can remain
in service during the construction and replacement of the malfunctioning 14 -inch valves. The removal of
the buried concrete vault that is in conflict with the 30 -inch line will also take place. This change order in
the amount of $150,020.17 will bring the total project cost to $11,299,099.65.
Funding:
Funds in the amount of $150,020.17 are required for this change order and the expense will be
reflected in the Utilities/WIP/South R/O Membranes & Retrofit account, number 471-169000-19503.
Since this is an operating fund capital project, the funds for the change order will come from fund
balance. Utilities operating funds are generated from water and sewer sales.
Description
Account Number
I Amount
Utilities/WIP/South R/O Membranes & Retrofit
1 471-169000-19503
1 $150,020.17
Recommendation:
Staff recommends that the Board of County Commissioners approve the change order in the amount of
$150,020.17, leaving a revised total agreement with TLC Diversified, Inc., in the amount of
$11,299,099.65, and authorize the Chairman to execute the change order on their behalf.
Attachment:
1. Change Order 2
Page 1 of 1
F:\Uti1ities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2022 Agenda Items\081622 BCC Agenda Items\TLC Change Order SWTP 151
CHANGE ORDER
PROJECT: South Oslo Road WTP Improvements No. 2
DATE OF ISSUANCE: November 30, 2022 EFFECTIVE DATE:
OWNER: Indian River County
OWNER's Contract No.: 2021026 Project No.: 044572102
CONTRACTOR: TLC Diversified, Inc ENGINEER: Kimley-Horn & Associates, Inc.
You are directed to make the following changes in the Contract Documents:
Description: This change order instructs the Contractor to furnish/install the following for the lump sum of
$150,020.17:
1. 14" and 30" line stops on existing high service pump suction line. Replacement of three (3)
existing 14" gate valves on the high service pump suction line that do not hold.
2. Emergency repair of the leak in the existing 18" transfer piping.
3. Removal of buried concrete vault based on unforeseen conditions in the field.
Attachments: Quotations
CHANGE IN CONTRACT PRICE
CHANGE IN CONTRACT TIME
Original Contract Price
Original Contract Times:
$ 10,665,515.65
Substantial Completion: 760
Ready for final payment: 820
Net changes from previous Change Orders
Net change from previous Change Orders:
No. 1 $483,563.83
No. to No.
Contract Price prior to this Change Order
Contract Time prior to this Change Order
$ 11,149,079.48
Substantial Completion: 760
Ready for final payment: 820
Days or dates
Net Increase (decrease) in this Change Order
Net Increase in this Change Order
$ 150,020.17
0
days
Contract Price with all approved Change
Contract Time with all approved Change
Orders
Orders
$ 11,299,099.65
Substantial Completion: 760
Ready for final payment: 820
Days ora es
RECO E DED: APPROVED:
By:I�iIN1lE�rlotn� By:
Engineer (Authorized Signature) Owner (Authorized Signature)
Date: 11 `3o - Zp 2 2 Date:
ACCEPTED:
By:
Contractor (Authorized Signature)
Date:
EJCDC No. C-700 (2002 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated
General Contractors of America.
00800-24 152
Kimley-Horn 20 -November --2022
1920 Wekiva Way, Suite 200
West Palm Beach, FI 33411
Attn: Mr. Nick Black, P.E. Nick. Black(a-.Kimley-Horn.com
Reference: Request for 14" Valve Replacement, Repair of 18" Pipe and Removal of Vault, 30"
and 30" and 14" Line Stops.
Dear Mr. Black,
Please find a quotation for the changes requested as reference above.
Labor =
Material =
Subcontract =
Equipment =
Other=
Labor Burden =
Tax =
OH & P subs 5% _
OH & P @ Self Perform 15% _
Subtotal =
Bond z --
Tota I
Total ADD =
$ 9,450.00
BOND HAS BEEN
$ 42,747.45
ADDED AS THIS
$ 65,797.56
WILL RESULT IN
$ 8,907.00
CHANGE IN
$ 200.00
CONTRACT PRICE.
$ 3,307.50
$ 3,206.45
$ 3,289.88
$ 10,172.76
$ 147,078.60
$RIpe
$2,941.57
d
$ 60
$150, 020.17
With the current supply chain delays that have been discussed in the project meetings it is
difficult to quantify the additional time required to quote this change. TLC is therefore reserving
our rights to additional time for the project that will be determined at a later date. Please provide
your acceptance of this additional work and issue a change order so that TLC can release the
required items for production.
Sincerely Yours,
L��'w F
John P. Elder (Project Manager)
PALMETTO WEST PALM BEACH TAMPA
Corporate Office 7233 Southern Blvd 12814 Dupont Circle
2719 17th St. East Suite B-1 Building B, Suite 4-A
Palmetto, FL 34221 West Palm Beach, FL 33413 Tampa, FL 33626
%- 941.722.0621
r4 941.7632
CG C041816 CU C053963
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Consent Item
Indian River County, Florida
Department of Utility Services
Board Memorandum
Date: November 16, 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: Tetra Tech Work Order No. 11- Water Supply Facilities Work Plan
Background:
In 2005, the Florida Legislature enacted Senate Bills 360 and 444. That legislation significantly changed
Chapters 163 and 373, Florida Statutes (F.S.) to require coordination of water supply and land use
planning. In so doing, the legislation strengthened the statutory linkage between regional water supply
plans prepared by the state's water management districts and comprehensive plans prepared by local
governments. Because Indian River County (IRC) is included in the St. Johns River Water Management
District's (SJRWMD) regional water supply plan, the county must coordinate with the district to assess
future water needs. F.S. Section 163.3177 requires local governments within areas projected to have
insufficient supplies of water from traditional sources to amend their comprehensive plan to incorporate
alternative water supply projects, either developed by the local government or included in the regional
water supply plan, and adopt a work plan covering at least a 10 -year planning period for building water
supply facilities, including the development of alternative water supply projects, conservation, and reuse
to serve existing and future development.
Analysis:
IRC, as part of SJRWMD, falls under the Central Springs/East Coast (CSEC) Regional Water Supply Plan
(2022-2040), which was recently prepared in February 2022. In addition to this plan, the Indian River
County Department of Utility Services (IRCDUS) desires to utilize Tetra Tech, Inc. (Tetra Tech) under its
CCNA 2018 contract, renewed and extended in 2021, to provide a proposal to complete a work plan
covering a 10 -year period for alternative water supply projects. This 10 -year plan will incorporate
population and water demand information, potable water and reuse demand analysis, conservation and
reuse practices, maps, levels of service for water, areas served by other suppliers, and an alternative water
supply plan.
Funding:
Funds in the amount of $43,469.00 for this study will be split between Wastewater Treatment (218) and
Water Production (219) accounts and are available in the Utilities/WW Treat/Other Professional
Services account, number 47121836-033190, and Utilities/Water Prod/Other Professional Services
47121936-033190 in the Utilities operating fund. Utilities operating funds are derived from water and
sewer sales.
156
Page 1 of 2
Description Account Number Amount
Utilities/Water Prod /Other Professional Services 47121936-033190 $ 34,775.20
Utilities/WW Treat/Other Professional Services 47121836-033190 $ 8,693.80
Total $ 43,469.00
Recommendation:
Staff recommends that the Board of County Commissioners authorize Work Order Number 11 to Tetra
Tech, Inc., to complete the study for the amount of $43,469.00, and authorize the Chairman to sign on
their behalf.
Attachment:
1. Work Order No. 11 Tetra Tech, Inc.
157
Page 2 of 2
WORK ORDER 11
Water Supply Facilities Work Plan
This Work Order Number 11 is entered into as of this _ day of , 2022, pursuant to that
certain Continuing Contract Agreement, dated April 17, 2018, renewed and amended as of May 18,
2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political
subdivision of the State of Florida ("COUNTY") and Tetra Tech. Inc. ("Consultant").
The COUNTY has selected the Consultant to perform the professional services set forth on
Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The
professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B
(Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant
will perform the professional services within the timeframe more particularly set forth in Exhibit C
(Time Schedule), attached to this Work Order and made a part hereof by this reference all in
accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of
the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement
and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as
if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first
written above.
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By:
Print Name: Brenda Keenan P.E.
By:
Joseph H. Earman, Chairman
Title: Sr. Project Manager BCC Approved Date:
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
Approved as to form and legal sufficiency:
Jason E. Brown, County Administrator
Dylan T. Reingold, County Attorney
158
ATTACHMENT A
INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICE
WATER SUPPLY FACILITIES WORK PLAN
SCOPE OF SERVICES
I. BACKGROUND
Florida Statutes Section 163.3177 requires local governments within areas projected to have insufficient
supplies of water from traditional sources to:
1. Amend their comprehensive plan to incorporate alternative water supply projects either
developed by the local government or included in the regional water supply plan and,
2. Adopt a work plan covering at least a 10 -year planning period for building water supply
facilities including the development of alternative water supply projects, conservation and
reuse to serve existing and future development
Indian River County as part of the St. Johns River Water Management District falls under the Central
Springs/East Coast (CSEC) Regional Water Supply Plan (2020-2040) which was recently prepared in
February 2022.
This scope of services includes the preparation of the 10 -year work plan. The professional services
described herein will be performed in accordance with the Continuing Contract Agreement for
Engineering Services, dated April 17, 2018, Amendment 1 between Indian River County and Tetra Tech,
Inc.
11. SCOPE OF WORK
Task 1— Preliminary Work Tasks
1. Tetra Tech will arrange for and attend a project kickoff meeting to introduce team members,
establish lines of communication, discuss project objectives and expectations and review data
availability and collection. Tetra Tech will prepare and distribute minutes to all participants
within a week of the meeting.
2. Tetra Tech will develop an initial data request of documents and information required to
perform the study and evaluation. The data request will be prepared in preparation for the
kickoff meeting so that it can be reviewed at the meeting.
3. Tetra Tech will receive, list, and organize all the data received from the County for use in the
study and evaluation.
BK/sl/IRCDUS Evaluation
Tt # 200BP Toho 1
TETRATECH
09159
Task 2 — Data and Analysis - Tetra Tech will prepare a Water Supply Facilities Work Plan that generally
conforms to the template provided by the South Florida Water Management District.
Population and Water Demand Information —Tetra Tech will work with the County to determine
the best population and water demand information for use in the Water Supply Facilities Work
Plan. The projections may be based upon those in the CSEC Regional Water Supply Plan or other
projections already developed for the County water service area.
Maps — Tetra Tech will develop the required maps for the Water Supply Facilities Work Plan
including:
a. County land uses and urban planning areas — information to be provided by the County
b. Water utility service areas within the County — information to be provided by the County
C. Water Basins within the County—Tetra Tech to develop
d. Locations of County water supply facilities — information to be provided by the County
3. Water Level of Service- Tetra Tech will provide a summary of the County's level of service for
potable water as well as a summary of flow criteria used for the projections.
4. Areas served by Other Suppliers —Tetra Tech will work with the County to develop a request for
water supply resources commitment from other non -local government providers in the County.
The request will ask for a letter from each supplier confirming the availability of adequate water
resources and providing supporting documentation that will be included in the County's Water
Supply Facilities Work Plan. The request will be sent by the County and responses will be
received by the County with coordination from Tetra Tech.
5. Water Facilities - Tetra Tech will provide a summary of the water supply facilities including wells,
water treatment plants and their capacities and storage tanks.
6. Conservation and Reuse Practices — Tetra Tech will summarize the conservation and reuse
practices in the County including those pertinent policies in the County's Comprehensive Plan.
7. Potable Water and Reuse Demand Analysis — Tetra Tech will use the potable water demand
projections developed above to demonstrate availability of demand for a ten-year period. The
analysis will include the impact of reuse on the potable demand projections. Tetra Tech will
work with the County to develop reuse demand projections if they are not available.
8. Alternative Water Supply — Tetra Tech will summarize the County's alternative water supply
projects that are planned to address future water demands.
9. Capital Improvement Program —Tetra Tech will summarize the County's water and reuse water
capital improvement program (CIP) for the ten-year period. The CIP will include a brief project
description and estimated cost.
BK/sl/IRCDUS Evaluation
Tt # 200BP Toho -2-
OTETRATECH
09160
10. Goals Objectives and Policies — Tetra Tech will summarize the pertinent goals, objectives and
policies in the County's Comprehensive Plan and make recommendations for revisions to the
Comprehensive Plan to meet the requirements of the Water Supply Work Plan.
Task 3 — Draft and Final Water Supply Plan
1. Tetra Tech will prepare a draft Water Supply Facilities Plan for County review. Three hard copies
of the draft will be provided in addition to a pdf and doc electronic copies.
2. Tetra Tech will attend a review meeting to receive and discuss County comments.
3. Tetra Tech will prepare a final Water Supply Facilities Work Plan and submit to the County.
Task 4 — Other Services
1. An allowance is budgeted for follow up activities that may be required in the course of the
development of the Water Supply Work Plan. This may include attendance at meetings with the
Water Management District or others, coordination with Comprehensive Plan amendments,
etc.
III. PROVIDED BY COUNTY
Information including, but not limited to the following, to be provided by the County to facilitate
performing the scope of services:
• Population and water demand projections
• County land use and water service area information
• Comprehensive Plan Elements
• Water system facility information
• Requested information from non -local water providers in the County per Task 2 Item 4 above.
• Ten-year water and reuse capital improvement program with projected funding sources
• Planned alternative water supply projects
IV. COMPENSATION SUMMARY
Attachment B presents a more detailed breakdown of the estimated compensation defined in the Scope
of Services. The total lump sum compensation for this proposal is $43,469.00. The County will be invoiced
monthly for charges incurred during the previous month and submit the invoice to the Water Wastewater
Operations Manager by the 15`h of the following month.
OBK/sl/IRCDUS Evaluation TETRATECH
Tt # 200BP Toho 3 09164
Scope Item
Compensation
$3,529.00
Task 1— Preliminary Work Tasks
Task 2 — Data and Analysis
$26,102.00
Task 3 — Draft and Final Water Supply Facilities Plan
$8,353.00
Task 4—Other Services
$4,935.00
Direct Costs
$550.00
Total
$43,469.00
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INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown; County Administrator
THROUGH: Andrew P. Sobczak; Assistant Community Development Director
FROM: Ryan Sweeney; Chief, Current Development
DATE: November 23, 2022
SUBJECT: 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]
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners (BCC) at its regular meeting of December 6, 2022.
BACKGROUND
Joseph Paladin, on behalf of his client, Brattain Property of Indian River County LLC, has filed an
application to amend the County's land development regulations (LDRs) in order to allow automobile
parking and storage within the CL, Limited Commercial zoning district as an administrative permit
use. Shortly after that application was filed, representatives from a different commercial property
owner, Mullinax Ford of Vero Beach, LLC, expressed interest in also seeking approval for automobile
parking and storage within the OCR, Office, Commercial, Residential district as an administrative
permit use. For consistency purposes, staff is also recommending that automobile parking and storage
be allowed as an administrative permit use in the 3 remaining lower intensity commercial zoning
districts (PRO, Professional office district; MED, Medical district; and CN, Neighborhood
Commercial district).
The applicant currently owns and operates a residential and commercial cleaning service based out
of a freestanding commercial office site that is zoned CL. The office site contains a limited number
of parking spaces which is adequate for office staff. However, there are not enough parking spaces
for the fleet vehicles (i.e. passenger vans and utility vans). Subsequently, the applicant purchased
several vacant parcels across the street from the office site that are also zoned CL. However,
automobile parking and storage is currently prohibited as a stand-alone use in the CL district. This
prompted the applicant's representative to meet with staff to discuss the possibility of allowing
automobile parking and storage as a stand-alone use. Staff indicated it would support the requested
LDR amendment if it was clearly defined, and categorized as an administrative permit use with
specific land use criteria targeted at ensuring compatibility with the surrounding area (notably
adjacent or nearby residentially designated properties).
At its November 1, 2022 meeting, the BCC considered the automobile parking ordinance, did not
recommend any proposed changes, and by a 4-1 vote set the second, final hearing to consider adoption
of the proposed LDR amendment for the December 6, 2022 regular meeting.
The BCC is now to conduct the final hearing and consider adoption of the proposed ordinance.
ANALYSIS
Currently, the County LDRs allow automobile parking and storage as a permitted use within the CG,
General Commercial and CH, Heavy Commercial districts. There is also a separate zoning use
category of "vehicle storage lot (paved/unpaved)" that is allowed as a permitted use within the CH,
Heavy Commercial; IL, Light Industrial; and IG, General Industrial districts.
The proposed LDR amendment will amend three different sections of the County LDRs. The first
section will amend Section 901.03 (Definitions in alphabetical order) by adding a definition for
"automobile parking and storage" as follows: Automobile parking and storage includes enclosed or
unenclosed parking and storage of automobiles, passenger vans, utility vans, and/or light duty
trucks on a paved surface within delineated (striped) parking stalls. This definition does not include
parking or storage of commercial vehicles, recreational vehicles, or boats.
The second section will amend Section 911.10 (Commercial districts) by specifically designating
automobile parking and storage as an administrative permit use in the PRO, OCR, MED, CN, and CL
districts (i.e. adding an "A" designation in the zoning use table).
The third and final section will amend Section 971.13 (Commercial uses) by creating a new
Subsection 913.13(6) entitled Automobile parking and storage. The new subsection will identify the
zoning districts that will require administrative permit use approval for automobile parking and
storage, will designate the Planning and Zoning Commission (PZC) as the approval authority, and
will identify the specific land use criteria that must be satisfied in order for the PZC to grant
administrative permit use approval.
Through coordination between the applicant and staff, the LDR amendment ordinance identifies a
total of 7 different specific land use criteria that must be satisfied for automobile parking and storage.
The attached draft ordinance defines the 7 criteria in detail (see attachment 1); however, staff will
summarize each criterion as follows:
• Criterion #1: Requires all driveways, drive aisles, vehicle maneuvering areas, and parking
spaces to be paved with asphalt or concrete, and shall meet all of the parking stall and
driveway dimensions (e.g. stall width, driveway width, etc.) outlined for commercial parking
lots.
• Criterion #2: Prohibits parking or storing any commercial vehicles (e.g. bucket trucks, dump
trucks, etc.), boats, or recreational vehicles within the PRO, OCR, MED, CN, and CL districts.
• Criterion #3: Prohibits commercial or "pay -to -park" facilities within the PRO, OCR, MED,
CN, and CL districts.
• Criterion #4: Requires a lighting plan to be provided (during site plan review), reviewed, and
implemented that prohibits lighting "spill over" onto adjacent local roadways or residential
zoning districts.
• Criterion #5: Requires a Type "C" buffer with a 3 foot tall opaque feature between the
automobile parking and storage area and any adjacent residentially designated property.
165
Criterion #6: Requires standard perimeter landscaping buffers to be provided along all other
project perimeters (e.g. Thoroughfare Plan buffers, local road buffers, adjacent properties
buffers).
Criterion #7: Requires all remote or freestanding automobile parking and storage sites that
serve an adjacent site to be connected via an existing or proposed sidewalk/pedestrian system.
Staff supports the proposed LDR amendments based on the proposed definition, the requirement for
administrative permit use approval by the PZC, and the 7 above -referenced specific land use criteria.
RECOMMENDATION
Staff recommends that the Board of County Commissioners adopt the proposed automobile parking
ordinance.
ATTACHMENTS
1. Draft Ordinance
166
ORDINANCE 2022 -
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 901.03
(DEFINITIONS IN ALPHABETICAL ORDER) OF CHAPTER 901 (DEFINITIONS), SECTION
911.10 (COMMERCIAL DISTRICTS) OF CHAPTER 911 (ZONING), AND CREATING
SECTION 971.13(6) (AUTOMOBILE PARKING AND STORAGE) WITHIN CHAPTER 971
(REGULATIONS FOR SPECIFIC LAND USES) OF THE CODE OF INDIAN RIVER COUNTY;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT
REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND
CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES BE AMENDED AS FOLLOWS:
SECTION #1:
Amend LDR Section 901.03, Definitions in alphabetical order; as follows:
Authorized person a person other than a public officer or county employee who is authorized by
the board of county commissioners of Indian River County, Florida, to incur travel expenses in
the performance of official county duties.
Automobile narking and storage includes enclosed or unenclosed parking and storage of
automobiles, passenger vans, utility vans, and/or light duty trucks on a paved surface within
delineated (striped) parking stalls. This definition does not include parking or storage of
commercial vehicles, recreational vehicles, or boats.
Average annual daily traffic volume seasonally adjusted average number of vehicles that pass a
point on a roadway segment on a daily basis.
SECTION #2:
Amend LDR Section 911.10(4), Uses; as follows:
(4) Uses. Uses in the commercial districts are classified as permitted uses, administrative permit
uses, and special exception uses. Site plan review shall be required for the construction, alteration
and use of all structures and buildings except single-family dwellings. Commercial uses and
activities shall be contained within an enclosed area unless otherwise specifically allowed herein or
unless allowed as an accessory or temporary use approved by the community development director.
Bold Underline: Additions to Ordinance 1671
Strike thteegh. Deleted Text fi-om Existing Ordinance
District
Uses
PRO OCR MED CN CL CG
CH
Auto Repair, Services and Parkin
Automotive rentals
- - - - - P
P
Automobile parking and storage
A A A A A P
P
Body and paint shops
I- - - - -
P
General automotive repair
i - I- - - - P
P
Bold Underline: Additions to Ordinance 1671
Strike thteegh. Deleted Text fi-om Existing Ordinance
ORDINANCE 2022 -
SECTION #3:
Creating LDR Section 971.13(6), Automobile parking and storage; as follows:
971.13. — Commercial Uses.
(6) Automobile parking and storage (administrative permit).
(a) Districts requiring administrative permit approval, (pursuant to the provisions of Section
971.04): PRO, OCR, MED, CN, CL.
(b) Additional information requirements:
1. A site plan meeting all of the requirements of Chapter 914;
(c) Criteria for automobile parking and storage:
1. All driveways, drive aisles, vehicle maneuvering areas, and parking spaces shall be paved
with asphalt or concrete as outlined in Sections 954.10(1) or (2) and shall meet the
dimensional standards and design criteria outlined in Section 954.07;
2. No commercial vehicles, as defined in County Code Section 901.03, boats, or recreational
vehicles shall be parked or stored in the PRO, OCR, MED, CN, or CL zoning districts;
3. Commercial or "pay -to -park" facilities are prohibited in the PRO, OCR, MED, CN, or CL
zoning districts;
4. Lighting plans shall be provided (and implemented) which demonstrate that no "spill over"
from exterior light sources shall fall onto either local roadways or residential zoning districts
that are adiacent to the proiect site;
5. A Type "C" buffer with a three (3) foot tall opaque feature shall be provided between all
automobile parking and storage areas and any adiacent residentially designated property;
6. Standard perimeter landscaping requirements shall apply to all other proiect perimeters;
7. All remote or freestanding automobile parking and storage sites that serve an adjacent site
shall be connected via an existing or proposed sidewalk/pedestrian system;
SECTION #4: SEVERABILITY
If any clause, section or provision of this Ordinance shall be declared by a court of competent
jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated
from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and
be as valid as if such invalid portion thereof had not been incorporated therein.
Bold Underline: Additions to Ordinance 168
2
Sh+lce through. Deleted Text from Existing Ordinance
ORDINANCE 2022 -
SECTION #5: REPEAL OF CONFLICTING ORDINANCES
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with
the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
SECTION #6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or
any other appropriate word.
SECTION #7: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Indian River Press Journal on the 16th day of October, 2022,
for a public hearing to be held on the 1St day of November, 2022, and on the 25th day of November,
2022, for a public hearing to be held on the 6th day of December, 2022, at which time it was moved
for adoption by Commissioner , seconded by Commissioner , and
adopted by the following vote:
Chairman Joseph H. Earman
Vice Chairman Susan Adams
Commissioner Joseph E. Flescher
Commissioner Deryl Loar
Commissioner Laura Moss
The Chairman there upon declared the ordinance duly passed and adopted this day of
, 2022.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Joseph H. Earman, Chairman
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
Deputy Clerk
Bold Underline: Additions to Ordinance 169 3
Strike threugh. Deleted Text from Existing Ordinance
ORDINANCE 2022 -
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Dylan Reingold, County Attorney
APPROVED AS TO PLANNING MATTERS
Phillip J. Matson, AICP; Community Development Director
Bold Underline: Additions to Ordinance 170 4
Stile threagl} Deleted Text from Existing Ordinance
Land Development Regulation (LDR)
Amendments to Allow Automobile Parking &
Storage in PRO, OCR, MED, CN, & CL
Board of County Commissioners
December 6, 2022
Background
• Applicant submitted an LDR amendment application to allow
automobile parking and storage in the CL zoning district in order to
allow parking of vehicles across the street from their office site
• A second interested party requested to piggyback on the original
applicant's request, and allow automobile parking and storage in the
OCR zoning district
• For consistency purposes, staff is recommending that all lower
intensity commercial zoning districts (PRO, OCR, MED, CN & CL)
allow automobile parking and storage as an administrative permit use
t7a - 1
LDR Amendment Process
• Legislative in nature
• Requires a public hearing by the PZC with a recommendation to the
BCC
• If changing the list of allowable uses within a zoning district(s),
requires two public hearings by the BCC
Analysis
• The proposed ordinance will amend three different LDR sections:
■ Section 901.03: Creates a definition for automobile parking and storage
o Allows automobiles, passenger vans, utility vans, & light duty trucks
o Prohibits large commercial vehicles (e.g. dump trucks), RVs & boats
■ Section 911.10: Designates automobile parking and storage as an
administrative permit use in the PRO, OCR, MED, CN & CL zoning districts
■ Section 971.13(6): Creates a new section for automobile parking and
storage
o Requires PZC approval
o Identifies seven specific land use criteria
F1
I
Analysis (continued)
• The seven specific land use criteria include:
1. Requires all parking and storage areas to be paved (asphalt or
concrete), and must meet dimensional criteria
2. Prohibits parking or storing commercial vehicles, boats, or RVs
3. Prohibits commercial or "pay -to -park" facilities
4. Requires a lighting plan and appropriate shielding
5. Requires a Type "C" buffer and 3' tall opaque feature between the
parking area and any residentially designated properties
Analysis (continued)
6. Requires all standard perimeter buffers apply to all other project
perimeters
7. Requires a remote or freestanding site that serves an adjacent site to
be connected via an existing or proposed sidewalk/pedestrian system
➢ Staff supports the requested LDR amendments based on the clear
definition, the requirement for administrative permit use approval by
the PZC, and the seven specific land use criteria
J f)J'3
PZC Recommendation
➢ At its regular September 22, 2022 meeting, the PZC voted 5-0
to recommend that the BCC adopt the proposed ordinance.
Ordinance Adoption Process
➢ At its November 1, 2022 meeting, the BCC considered the
automobile parking ordinance, did not recommend any
proposed changes, and by a 4-1 vote set the second, final
hearing to consider adoption of the proposed LDR amendment
for the December 6, 2022 regular meeting.
Staff Recommendation
➢ Staff recommends that the Board of County
Commissioners adopt the proposed automobile
parking ordinance.
8
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION
REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION
Any organization or individual wishing to address the Board of County Commission shall complete this form and
submit it to the Indian River County Administrator's Office.
PUBLIC DISCUSSION INFORMATION
Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items
should be limited to matters on which the commission may take action
Indian River County Code Section 102.11(3): limit remarks to three minutes unless
additional time is granted by the commission
NAME OF INDIVIDUAL OR ORGANIZATION: Bill Rigby
8465 59th Ave
ADDRESS:
SUBJECT MATTER FOR DISCUSSION:
PHONE: 772-501-4753
First Amendment and Due Process
IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED?
WHAT RESOLUTION ARE YOU N/A
REQUESTING OF THE COMMISSION?
F] YES Yl NO
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? 1:1 YES � NO
WHAT FUNDS OR ACTIVITIES ARE
REQUIRED TO MEET THIS
REQUEST?
For IRC Staff only:
ransnutted to Administrator Via:
❑ Interactive Web Form
E -Mail
Hand Delivered
Phone
N/A
COUNTY ADMINISTRATOR:
MEETING DATE:
Jason E. Brown
Nov 22, 2022
171
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION
REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION
Any organization or individual wishing to address the Board of County Commission shall complete this form and
submit it to the Indian River County Administrator's Office.
PUBLIC DISCUSSION INFORMATION
Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items
should be limited to matters on which the commission may take action
Indian River County Code Section 102.11(3): limit remarks to three minutes unless
additional time is granted by the commission
NAME OF INDIVIDUAL OR ORGANIZATION: Gifford H. Hampton
6620 Martinique Way
ADDRESS:
New Golf Course
SUBJECT MATTER FOR DISCUSSION:
PHONE: 828-226-3326
IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? El YES a NO
WHAT RESOLUTION ARE YOU
REQUESTING OF THE COMMISSION?
Consider Initiating Study
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? [��] YES D
NO
WHAT FUNDS OR ACTIVITIES ARE
REQUIRED TO MEET THIS
REQUEST?
For IRC Staff only:
Transmitted to Administrator Via:
❑ Interactive Web Form
E -Mail
✓ Hand Delivered
Phone
Initial Funding
COUNTY ADMINISTRATOR:
MEETING DATE:
Jason E. Brown
Dec 6, 2022
172
/0�q
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: November 15, 2022
RE: Notice of Scheduled Public Hearing for Upcoming Board Meeting
It is requested that the following information be given formal consideration by the Board of County
Commissioners at its regular meeting of December 6, 2022.
DESCRIPTION AND CONDITIONS:
Please be advised that the following public hearing item has been scheduled for Board consideration:
December 13, 2022
County Initiated Request to Amend the 5 Year Capital Improvements Program and Supporting Data
and Analysis of the Capital Improvements Element of the Comprehensive Plan [Legislative]
RECOMMENDATION
The above referenced public hearing item is provided for the Board's information. No action is
needed at this time.
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Dylan Reingold, County Attorney
William K DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
Public Notice Item - B.C.C. 12.6.22
Office of
INDIAN RIVER COUNTY
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: November 23, 2022
ATTORNEY
SUBJECT: Public Notice of Public Hearing for December 13, 2022, to Consider a Resolution Electing
to Use the Uniform Method for the Levy, Collection and Enforcement of Non Ad Valorem
Assessments for Street Paving in the Oslo Park Area
The Board of County Commissioners will hold a Public Hearing on Tuesday, December 13, 2022, at 9:05
a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD
FOR THE LEVY, COLLECTION, AND ENFORCEMENT OF NON AD
VALOREM ASSESSMENTS PURSUANT TO FLORIDA STATUTE 197.3632 TO
RECOVER THE COSTS OF STREET PAVING IN THE OSLO PARK AREA.
The public hearing will be held in the County Commission Chambers located on the first floor of Building
A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960.
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174
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
/°(-3
Public Notice Item - B.C.C. 12.6.22
Office of
INDIAN RIVER COUNTY
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: November 23, 2022
ATTORNEY
SUBJECT: Public Notice of Public Hearing for December 13, 2022, to Consider an Ordinance
Authorizing an Extension of the Temporary Moratorium for an Additional 1 Year with
regard to Class B Biosolids
The Board of County Commissioners will hold a Public Hearing on Tuesday, December 13, 2022, at 9:05
a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA AUTHORIZING AN EXTENSION OF THE
TEMPORARY MORATORIUM FOR AN ADDITIONAL 1 YEAR, OR UNTIL A
COMPREHENSIVE REVIEW OF THE IMPACT ON THE COUNTY'S
ECOSYSTEM IS COMPLETED, WITHIN THE UNINCORPORATED AREAS OF
INDIAN RIVER COUNTY PROHIBITING LAND APPLICATION ACTIVITIES
OF CLASS B BIOSOLIDS; PROVIDING FOR ADDITIONAL STUDY AND
POSSIBLE REGULATION OF CLASS B BIOSOLIDS APPLICATION
ACTIVITIES; PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE
REMEDIES; AND PROVIDING FOR SEVERABILITY, REPEAL OF
CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE.
The public hearing will be held in the County Commission Chambers located on the first floor of Building
A of the County Administrative Complex, 180127 1h Street, Vero Beach, Florida 32960.
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175
THIS INSTRUMENT RETURNS TO:
Jeanette Williams, MMC, City Clerk
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
THIS INSTRUMENT PREPARED BY:
Paul R. Gougelman, III, Esq. Manny Anon, Jr., City Attorney
Weiss Serota Helfman Cole & Bierman, P.L. City of Sebastian
200 East Broward Blvd. - 19th Floor 1225 Main Street
Ft. Lauderdale, FL 33301 Sebastian, FL 32958
Property Appraiser's Identification #
31-38-36-000001-0000000-7.0 31-38-35-000003-0000000-2.0
31-38-36-000001-000000-10.0 31-38-35-000001-0000000-1.0
31-38-36-000007-0000000-1.0 31-38-35-000001-0000000-2.0
31-38-36-000007-0000000-2.0 31-38-36-000005-0000000-2.0
31-38-36-000003-0000000-1.0 32-38-02-000003-0000000-1.0
31-38-36-000003-0000000-2.0 32-38-02-000005-0000000-5.0
31-38-36-000003-0000000-3.0 31-38-35-000005-0000000-3.0
31-38-36-000003-0000000-4.0 31-38-35-000007-0000000-3.0
31-38-36-000005-0000000-1.0 31-38-35-000007-0000000-3.1
31-38-36-000005-0000000-2.0 32-38-02-000001-0000000-1.0
31-38-36-000005-0000000-3.0 32-38-02-000001-0000000-2.0
31-38-36-000007-0000000-3.0 32-38-02-000007-0000000-2.0
31-38-36-000007-0000000-4.0 32-38-02-000007-0000000-3.0
32-38-01-000001-0000000-1.0 31-38-35-000003-0000000-1.0
32-38-01-000001-0000000-3.0 31-38-35-000005-0000000-1.0
32-38-01-000003-0000000-4.0 31-38-35-000007-0000000-1.0
32-38-01-000005-0000000-3.0 31-38-35-000007-0000000-4.0
32-38-01-000005-0000000-4.0
32-38-01-000007-0000000-1.0
32-38-01-000007-0000000-3.0
32-38-01-000001-0000000-2.0
32-38-01-000005-0000000-2.0
31-38-36-000001-0000000-7.0
31-38-36-000001-000000-10.0
31-38-36-000003-0000000-2.0
31-38-36-000003-0000000-3.0
31-38-36-000003-0000000-4.0
31-38-35-000007-0000000-2.0
32-38-01-000003-0000000-1.0
32-38-01-000007-0000000-1.0
32-38-01-000005-0000000-1.0
32-38-01-000007-0000000-2.0
32-38-01-000003-0000000-2.0
32-38-01-000003-0000000-3.0
31-38-36-000007-0000000-3.0
31-38-36-000007-0000000-2.0
31-38-36-000005-0000000-1.0
ANNEXATION AGREEMENT
FOR
GRAVES BROTHERS COMPANY
ll4
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THIS AGREEMENT is made and entered into this day of ,
2022, by Graves Brothers Company, a Florida Corporation, whose address is 2770 Indian River Blvd. —
Suite 201, Vero Beach, FL 32960-4230; and the City of Sebastian, a Florida Municipal Corporation
(hereinafter: the "City"), whose address is 1225 Main Street, Sebastian, Florida 32958.
RECITALS:
WHEREAS, the City of Sebastian, a Florida Municipal Corporation, is specifically authorized
pursuant to Section 171.044, Florida Statutes (2022), to annex land upon the petition of the property
owner; and
WHEREAS, Graves Brothers Company, a Florida Corporation, has petitioned the City for
voluntary annexation of the Property; and
WHEREAS, Graves Brothers Company, a Florida Corporation, hereby affirms that the Real
Property meets all requirements for annexation pursuant to the aforesaid Section 171.044, Florida
Statutes (2022) and as otherwise set forth in Florida law and the City's Codes and Ordinances, for the
voluntary annexation of real property; and
WHEREAS, Graves Brothers Company, a Florida Corporation, and the City desire to set forth
certain understandings with regard to the proposed use of the Property upon annexation, and based
thereon, the parties hereto desire to enter into this Annexation Agreement; and
WHEREAS, the City further enters into this Agreement pursuant to its Charter and home rule
powers pursuant to Article VIII, Section 2, Florida Constitution of 1968 and Section 166.021, Florida
Statutes; and
WHEREAS, Graves Brothers Company, a Florida Corporation, legally incorporated by the
Secretary of State, State of Florida, which corporate charter and standing with the State of Florida is
current, active, and in good standing, as a Florida for-profit corporation; and
WHEREAS, Graves Brothers Company, a Florida Corporation, is authorized by Chapter 607,
Florida Statutes, and its charter, articles of incorporation, and by-laws to execute this Agreement; and
WHEREAS, Graves Brothers Company, a Florida Corporation, by execution of this Agreement
hereby affirms, warrants to, and affirms the City that it has taken all requisite corporate action to approve
the execution of this Agreement; and
WHEREAS, at the time of execution of this un -amended, base document Agreement, Graves
Brothers Company, a Florida Corporation, was and is the legal Owner of certain Real Property (the
"Real Property") located in Indian River County, Florida, which Real Property is the subject matter of this
Agreement; and
WHEREAS, Graves Brothers Company, a Florida Corporation, hereby affirms, warrants to, and
assures the City that it has legal marketable title in fee simple to the Real Property has lawful authority
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to petition for the voluntary annexation of the property set forth herein and desires to annex the Real
Property into the municipal boundaries of the City; and
WHEREAS, said Real Property constitutes 2,044.3 +/- acres of property within the Southwest
area of the City of Sebastian which is reasonably compact and contiguous to the municipal boundary of
the City, and will not result in the creation of enclaves; and
WHEREAS, the parties desire to enter into this Agreement relating to the annexation of the Real
Property in order to achieve the Development of the Property permitted under Article III of this
Agreement and all in the promotion of the public health, safety, welfare, economic order, and aesthetics
of the City; and
WHEREAS, this Agreement has been found to be Consistent_ with the City's Comprehensive
Plan and amendments pending adoption thereto; and
WHEREAS, on December 14, 2022, the City Council of the City of Sebastian adopted Ordinance
No. 0-22-07 approving this Agreement and directing the City Manager to execute this Agreement as
provided in Section 3.04(g) of the Charter of the City of Sebastian; and
WHEREAS, it is the intent of the parties hereto to Develop the Real Property based on the terms
of this Agreement; and
WHEREAS, all parties hereto have, without duress, voluntarily entered into this Agreement.
NOW, THEREFORE, in consideration of TEN and 00/100 Dollars ($10.00) and certain other
valuable considerations, each to the other paid in hand, the sufficiency and receipt all of which be and
the same is hereby acknowledged, the parties desiring to be legally bound hereby agree as follows:
ARTICLE I
RECITALS; DEFINITIONS
Section 1.1. Recitals; Properties Subject to Agreement. The Real Property shall be held,
transferred, sold, conveyed, occupied, annexed, and Developed subject to this Agreement. Each and
all of the foregoing recitals (the "WHEREAS" clauses above) are hereby declared to be true and correct
and are incorporated herein.
Section 1.2. Definitions. In this Agreement, unless the context otherwise indicates, the terms
set forth below are defined as follows:
(a) "Affordable Housing" as defined by the Federal Department of Housing and Urban
Development (HUD) and Chapter 420, Florida Statutes, means that monthly rents or monthly mortgage
payments including taxes, insurance, and Utilities do not exceed 30 percent of the amount which
represents the percentage of the median adjusted gross annual income for the households.
(b) "Agreement" means and refers to this Annexation Agreement and as the same may
be amended from time to time.
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(c) "City" means and refers to the City of Sebastian, a Florida Municipal Corporation.
(d) "Commercial Tract" means the portions of the Real Property intended to be
Developed with professional Office or retail Commercial Development. There may be one or more
Commercial Parcels. Commercial Parcels are areas which are predominantly connected with the sale,
rental and distribution of products, or performance of services, which are defined herein as a
Commercial Use.
(e) "Compatibility" or "Compatible" is defined as the characteristics of different uses or
activities or design which allow them to be located near or adjacent to each other. Some elements
affecting compatibility include the following: height; scale; mass and bulk of structures; pedestrian or
vehicular traffic, circulation, access and parking impacts; landscaping; lighting; noise; odor; and
architectural style. Compatibility does not mean "the same as." Rather, it refers to the sensitivity of
Development proposals in maintaining the character of existing Development.
(f) "Concurrency" is the legal requirement that specified Public Facilities (recreation and
Open Space, potable water, reuse water, sanitary sewer or Wastewater, solid waste, Stormwater
Management System, and transportation) be provided for, by an entity to an adopted Level of Service.
(g) "Conservation" refers to environmentally sensitive areas that reserves and restricts
Development on those lands in order to protect the environmentally sensitive lands.
(h) "Consistent with the Comprehensive Plan" means a condition in which Land Uses or
conditions can co -exist in relative proximity to each other in a stable fashion over time such that no use
or condition is unduly negatively impacted directly or indirectly by another use or condition. A
Development shall be consistent with the comprehensive plan if the Land Uses, densities or intensities,
and other aspects of Development permitted by such order or regulation are Compatible with and further
the objectives, policies, Land Uses, densities or intensities, capacity or size, timing, and other aspects of
the Development in the comprehensive plan, and if it meets all other criteria enumerated by the City,
including the Land Development Codes in effect at the time of issuance of a Final Development Order.
See §§163.3164 and 163.3194, Fla. Stat.
(i) "County" means and refers to Indian River County, a political subdivision of the State
of Florida.
(j) "Density" is used as a measurement of the number of Dwelling Units per gross acre
of land.
(k) "Developer" is one who actually Develops, or has the right to Develop, any portion of
the Real Property regardless of size. A Developer may also be an Owner of all or a portion of the Real
Property.
(1) "Development" or to "Develop" means and is defined as set forth in Sections
163.3164 and 380.04, Florida Statutes, as amended or superseded from time to time, which is set forth
below. The construction, reconstruction, conversion, structural alteration, relocation or enlargement of
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any structure; the making of any material change in the use or appearance of any structure or land, or
the dividing of land into three or more parcels; any mining, excavation, landfill or land disturbance; and
any nonagricultural use or extension of the use of land, are all activities included within the terms
"Development" or to "Develop." The term "Development or to "Develop" includes redevelopment. The
term "Development" or to "Develop" shall include construction within any public Right of Way that is
dedicated, conveyed, or proposed to be conveyed or dedicated to the public or to a governmental entity.
"Development" shall be the planned or actual act of placing Development on the land, consistent with
City Code and Florida Statutes.
(m) "Development Order" means any order granting, denying, or granting with conditions
an application for a Development Permit. See §163.3164, Fla. Stat.
(n) "Development Permit" includes any building permit, zoning permit, subdivision
approval, rezoning, certification, special exception, variance, or any other official action of local
government having the effect of permitting the Development of land. See §163.3164, Fla. Stat.
(o) "Dwelling Unit" is a room or group of rooms forming a single independent habitable
unit used for or intended to be used for living, sleeping, sanitation, cooking and eating purposes by one
(1) family only; for owner occupancy or for rental, lease or other occupancy and containing independent
kitchen, sanitary and sleeping facilities. A Dwelling Unit per gross acre is also a measure of Density.
(p) "Final Development Order" means the issuance of a Development Order for a Site
Plan or in the case of a Residential Use for Single -Family Dwellings, a Development Order for a final
Plat. In certain cases as specifically noted throughout this Agreement, a Final Development Order may
mean a building permit to commence construction of a structure or building.
(q) "Floor Area Ratio" or "FAR" is a measurement of non-residential Development which
represents the gross floor area of all buildings, structures, or similar as compared to the total area of the
property or parcel on which it is located. The Floor Area Ratio is a fraction, the numerator of which is
the gross floor area of all floors in structures and the denominator of which is the square footage of the
property. The ratio is measured in square feet to the area of a Tract -of land, excluding any bonus or
transferred floor area.
(r) "Green Infrastructure" refers to ecological systems, both natural and engineered, that
act as living infrastructure. Green Infrastructure elements are planned and managed primarily for
Stormwater control, but also exhibit social, economic and environmental benefits.
(s) "Harm" means an act which actually kills or injures wildlife. Such act may include
significant habitat modification or degradation where it actually kills or injures wildlife by significantly
impairing essential behavioral patterns, including breeding, feeding or sheltering.
(t) "Harass" means an intentional or negligent act or omission which creates the
likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral
patterns which include, but are not limited to, breeding, feeding, or sheltering. This definition, when
applied to captive wildlife, does not include generally accepted:
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(1) Animal husbandry practices that meet or exceed the minimum standards for
facilities and care under the Animal Welfare Act;
(2) Breeding procedures; or
(3) Provisions of veterinary care for confining, tranquilizing, or anesthetizing,
when such practices, procedures, or provisions are not likely to result in injury to the wildlife.
(u) "Impact Fee" means a fee levied by the City, or other governmental entity, on new
Development so that the new Development pays its proportionate share of the cost of new or expanded
Public Facilities required to service that Development.
(v) "Industrial Tract' means the portions of the Real Property intended to be Developed
with activities predominantly connected with manufacturing, assembly, processing, or storage of
products, which are defined herein as an Industrial Use. There may be one or more Industrial Tracts, all
of which industrial uses must be consistent with and as provided by Section 54-2-5.6 of the Code of
Ordinances of the City of Sebastian.
(w) "Heavy Industrial Tract' refers to an Industrial property subtype in which the property
is occupied by one or more tenants and the property is utilized for heavy industrial purposes, i.e. heavy
manufacturing, petroleum products, cement, recycling center, and other uses, all of which Heavy
Industrial uses must be consistent with and as provided by Section 54-2-5.6A of the Land Development
Code of the City of Sebastian.
(x) "Infrastructure" means and refers to those man-made structures which serve the
common needs of the population, such as: Wastewater or sewage, Stormwater, or Wastewater
treatment or disposal systems; potable or reuse water systems; potable water wells serving a system;
solid waste disposal sites or retention areas; Stormwater systems and outfall; Utilities; piers; docks;
wharves breakwaters; bulkheads; seawalls; bulwarks; revetments; causeways; marinas; navigation
channels; bridges; and, roadways.
(y) "Institutional Tract' means the portions of the Real Property intended to be
Developed with facilities providing a government or public service, recreation, certain Infrastructure
Developments, or Conservation, which are defined herein as an Institutional Use. There may be one or
more Institutional Parcels.
(z) "Land Development Codes" means ordinances or resolutions enacted by the City
Council for the regulation of any aspect of Development and includes any local government zoning,
rezoning, subdivision, building construction, landscaping, or sign regulations or any other regulations
controlling the Development of land. See Land Development Regulation, §163.3164, Florida Statutes.
(aa) "Land Use" means the Development that has occurred on the land, the
Development that is proposed by a Developer on the land, or the use that is permitted or permissible on
the land under the then currently effective comprehensive plan or element or portion thereof, or the
Land Development Code, as the context may indicate.
(bb) "Level of Service" means and refers to an indicator of the extent or degree of
service provided by, or proposed to be provided by a facility based on and related to the operational
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characteristics of the facility. Level of Service shall indicate the capacity per unit of demand for each
Public Facility.
(cc) "Lot" means and refers to a parcel of land of at least sufficient size to meet
minimum zoning and Land Development Code requirements, in existence at the time of Platting or
Development, for use, coverage and area, and to provide such yards and other Open Spaces.
(dd) "Low Impact Design" means systems and practices that use or mimic natural
processes through incremental treatment of Stormwater runoff that result in the infiltration,
evapotranspiration or storage of Stormwater in order to protect water quality and associated aquatic
habitat.
(ee) "Manufactured Housing" means a Mobile Home fabricated on or after June 15,
1976, in an offsite manufacturing facility for installation or assembly at the building site, with each
section bearing a seal certifying that it is built in compliance with the federal Manufactured Horne
Construction and Safety Standard Act.
(ff) "Mixed -Use Development" means and refers to a type of Development that
combines a mix of uses that shall include a mixture of residential, Office, commercial, recreational,
limited industrial and/or institutional uses within one building or multiple buildings with direct pedestrian
access between uses. Also, a Mixed -Use Development may encourage town centers along major
arterial transportation corridors.
(gg) "Mobile Home" means a residential structure, transportable in one or more sections,
which is 8 body feet or more in width, over 35 body feet in length with the hitch, built on an integral
chassis, designed to be used as a dwelling when connected to required Utilities, and not originally sold
as a recreational vehicle, and includes the plumbing, heating, air-conditioning, and electrical systems
contained therein.
(hh) "Multi -Family Dwelling Units" means three or more attached dwelling units either
stacked vertically above one another and/or attached by side or rear walls.
(ii) "Office" means a structure for conducting business, professional, or governmental
activities in which the showing or delivery from the premises of retail or wholesale goods to a customer
is not the typical or principal activity. The display of representative samples and the placing of orders for
wholesale purposes shall be permitted; however, no merchandise shall be shown, distributed nor
delivered on, or from, the premises. No retail sales shall be permitted.
Qj) "Open Space(s)" means and refers to undeveloped lands suitable for passive
recreation, Conservation, Stormwater uses, and lands Developed for Institutional Uses. Golf courses
and roads shall not be considered to be Open Space.
(kk) "Owner" means and refers to Graves Brothers Company, a Florida Corporation,
organized under the laws of the State of Florida, the record owner of the fee simple title to the Real
Property, and to its or their successors, heirs and assigns or the Developer.
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(II) "Planned Unit Development" or "(PUD)" is a form of Development recognized from
time to time within the City's Land Development Code as a specific implementing zoning district and
which creates a Planned Development. Development that is designed as a unit, and which shall include
only one or a mixture of Land Uses, and which generally avoids a gridiron pattern of streets, and usually
provides common Open Space, recreation areas or other amenities. Requirements include submission
and review of Site Plans as part of the zoning or rezoning to a PUD zoning district.
(mm) "Planned Development" is land that is under unified control and planned and
Developed as a whole in a single development operation or a definitely programmed series of
Development operations. A Planned Development includes principal and accessory structures and uses
substantially related to the character and purposes of the Planned Development. A Planned
Development is constructed according to comprehensive and detailed plans which include not only
streets, Utilities, Lots or building sites and the like, but also Site Plans and floor plans for all buildings as
intended to be located, constructed, used and related to each other, and detailed plans for other uses
and improvements on the land as related to the buildings.
(nn) "Parcels" means no less than units of 500 acres.
(oo) "Plat" shall be defined as a map or delineated representation of the subdivision of
land or lands, being a complete exact representation of the subdivision and other information in
compliance with the requirement of all applicable sections of Chapter 177, Florida Statutes, as amended
from time to time, and City subdivision regulations, in effect at the time of platting or replatting of a
particular Development. The term "plat" shall include a replat. See §177.031, Fla. Stat.
(pp) "Protected Species" means any wildlife species or vegetation designated, from time
to time, by the U.S. Fish and Wildlife Service, the U.S. Environmental Protection Agency, the Florida
Department of Environmental Protection, the Florida Game and Freshwater Fish Commission, or other
U.S. or other governmental agency having jurisdiction over the Real Property, as a rare or protected
species, a species of special concern, an endangered species, or a threatened species.
(qq) "Public Facilities" or "Public Facility" means publicly owned Infrastructure including,
rights-of-way, roadway or transportation systems or facilities, sewer or Wastewater systems or facilities,
solid waste systems or facilities, Stormwater facilities, drainage systems or facilities, potable or reuse
water systems or facilities, educational systems or facilities, parks and recreation systems or facilities
and public health systems.
(rr) "Real Property" means and refers to all such existing real property as described in
Exhibits 1A & 113, attached hereto and by this reference incorporated herein. To the extent that the
written metes and bounds legal description and the pictorial sketch conflict, the sketch shall supersede
the written metes and bounds legal description in interpreting the description of the Real Property.
(ss) "Residential Tract" means the portions of the Real Property intended to be
Developed with a residential use, for use as Single Family Dwelling Units or Multi -family Dwelling Units,
which are defined herein as a residential use. There may be one or more Residential Tracts.
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(tt) "Recreation Facility" means a component of a recreation site used by the public
such as a trail, court, park, athletic field, swimming pool, or for the pursuit of leisure time activities
occurring in an indoor or outdoor setting.
(u u) "Right of Way" means and refers to land in which the state, a county, a municipality
or a special or improvement district, holds the fee simple title or has an easement, or dedicated rights of
use, required for a public use.
(vv) "Single Family Dwelling" means a structure containing a residential single family
Dwelling Unit occupying the building from ground to roof.
(ww) "Site Plan" means an illustrated proposal for the Development or use of a
particular piece of the Real Property. The illustration consists of a map or sketch of how the Tract of
Real Property will appear if the Development proposal is accepted by the City. The requirements for
the contents of a Site Plan are as set forth in City's Land Development Codes, as amended from time
to time. The Site Plan regulations applicable to Development of a specific parcel of the Real Property
shall be those in effect at the time of approval of the Site Plan by the City for the specific Tract of the
Real Property, or are pending adoption at the time of approval of adoption.
(xx) "Stormwater" means and refers to the flow of water which results from and which
occurs immediately after a rainfall event.
(yy) "Stormwater Management System" means and refers to a feature or facility which
collects, conveys, channels, holds, inhibits or diverts the movement of Stormwater. A Stormwater
Management Facility also is a structural Best Management Practice (BMP) designed facility to reduce
pollutant loading to a receiving water by either reducing the volume of flow, providing or the biological
uptake of pollutants, the limiting the loading of pollutants or allowing pollutants to settle out of
Stormwater flow.
(zz) "Subdivision" means the division of land into three or more Lots, Parcels, Tracts,
tiers, blocks, sites, units, or any other division of land for the purpose of a transfer of ownership and
building or structure Development; and may include the establishment of new rights-of-way, streets
and alleys, additions, and re -subdivisions; and, when appropriate to the context, relates to the
process of subdividing or to the lands or area subdivided. The term includes re -subdivision, replat,
revised plat, or amended plat and, when appropriate to the context, shall relate to the process of
subdividing or to the land subdivided. A group Development which is Developed so that it might be
broken into smaller parcels at some future time shall also be considered a Subdivision and shall meet
the requirements of this code. Creation of a single condominium, other than a land condominium,
shall not be construed to be a subdivision. Condominiums including three or more separate parcels of
land, owned by an incorporated association, a person or persons, other legal entity, excluding
condominium units and the condominium itself shall not be construed to be a single condominium,
consistent with City Code and Florida Statues.
(aaa) "Take" means to Harm, Harass, hunt, capture, or kill, or attempt to Harass, hunt,
capture, or kill any animal or plant Protected Species.
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(bbb) "Tract" means a Subparcel within a PUD or a Parcel.
(ccc) "Utility" includes but is not limited to gas, water, re -use water, sewer, telephone,
power, Stormwater drainage, and cable television.
(ddd) "Wastewater" means the spent water of the community comprising the liquid and
water -carried wastes from residential uses, commercial uses, industrial uses, and institutional uses,
together with minor quantities of ground and surface waters that are not admitted intentionally.
ARTICLE II
ANNEXATION
Section 2.1. Petition to Annex.
(a) The Owner has voluntarily submitted to the City a formal and revised Petition or
request for Annexation of the Real Property. This Agreement memorializes the existing Petition to Annex
by the Owner and constitutes a Petition to Annex the Real Property. The Owner warrants that the Petition
has been executed by all of the existing fee simple title owners of record of the portion(s) of the Real
Property to be annexed and has been filed with the City in compliance with any and all applicable
requirements of law, including, but not limited to, Chapter 171, Florida Statutes.
(b) This sub -section of the Agreement represents and includes findings by the Owner and
the City that:
(1) A substantial portion of the boundary of the Real Property is substantially
contiguous to the City's corporate boundary. "Contiguous" is defined as set forth in Section 171.031,
Florida Statutes;
(2) The Owner, for itself and the Developer of each Parcel or Tract of the Real
Property, at its sole expense, intends to provide adequate Public Facilities for the Real Property; and
(3) The Real Property is ideally suited for annexation into the City due to its
proximity to the City and transportation planned corridors and systems; and
(4) The annexation will yield substantial benefits to the Owner, the City, and to the
Real Property in the form of planned Mixed -Use Development, an increased tax base to the City,
Conservation of natural habitats, Open Space, and increased employment opportunities.
(c) The Annexation petition to annex a portion of the Real Property may be withdrawn
by the Owner of that portion of the Real Property at any time prior to final approval of the annexation
ordinance pertaining to that portion of the Real Property. If the petition is withdrawn, this Agreement is
hereby terminated as to that portion of the Real Property, and the parties hereto shall not be bound by
this Agreement with regard to its application to that portion of the Real Property. However, no
application fees or other type of fee or charge paid to the City or any other governmental entity, or
obligated to be paid to the City or other governmental entity shall be refunded, and the City shall be
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released form any liability for the release of the obligation or refund of the fee or charge by the Owner.
This provision shall survive the termination of this Agreement.
Section 2.2. Consideration of Petition. The City shall have the full and complete right to deny
annexation, defer annexation, or approve annexation of the Property or any portion thereof. By execution
hereof, the Owner understands and agrees that the City makes no representation as to the suitability or
legal appropriateness of the Real Property for annexation or that the City will annex the Property at any
time or based upon any specific conditions, except as otherwise set forth herein.
Section 2.3. Cooperation. The Owner agrees to cooperate in the process of annexing the Real
Property, based on any time schedule, all as may be required by the City in its sole and absolute
discretion, subject always to the provisions of this Agreement. Annexation of any part or portion of the
Property shall not relieve the Owner of its obligation to cooperate with the City in, and to keep alive the
Petition for, Annexation of all the Real or a portion of the Property.
Section 2.4. Litigation. Should any "party affected," including the County or as defined in
Chapter 171, Florida Statues (or any successor statute), file a legal action with a court of competent
jurisdiction contesting the annexation of the Real Property or this Agreement, the Owner, at the request of
the City, agrees to participate in defense of the annexation and this Agreement. Further, with regard to
any attorneys' or paralegals' fees or court costs, or adverse judgment, incurred by the City directly relating
to its defense of any lawsuit by the City, if any, relating to contest of the annexation hereunder or this
Agreement, the Owner agrees to indemnify and save harmless the City for the payment of any claims or
damages, as well as any court costs, adverse judgment and attorney's and paralegal's fees, incurred in
defending said action or as a direct or indirect result of said action. As used herein, the term "defense"
shall include any counter -claims, appeals, or cross-appeals. As used herein, reference to attorney's fees
or paralegal's fee shall apply to both trial and any appeal and to any negotiation of settlement of claims
relating to this Agreement or any annexation. The Owner will have to make any payment to the City within
ten (10) days of receiving any invoices from the City pertaining to any claims or damages, as well as any
court costs, adverse judgment and attorney's or paralegal's fees, or court costs, as stated above. The City
will have the authority pursuant to this Agreement to retain the legal counsel of its choice.
Section 2.5. Petition to Annex is Exclusive. By execution hereof, the Owner, for itself and its
successors heirs, assigns and any Developer, hereby agrees with and warrants unto the City, that this
Agreement as a Petition to Annex shall constitute an exclusive Petition to Annex, and that the Owner,
for itself and its successors, heirs, assigns and any Developer, shall not file, join in, or execute a request
or Petition to Annex or support or fail to object to and oppose an annexation proposal (initiated by
another governmental entity) into any other municipality without the consent and joinder of the City. In
consideration of the provisions of this Agreement and the City's Agreement to consider from time to time
annexation of the Real Property, or portions thereof, into the City, the Owner, for itself and its
successors, heirs, assigns and any Developer, agrees that the City may for any reason refuse to
consent to or join in the annexation of the Real Property into a municipality other than the City, and that
the City shall not be liable to the Owner, its successors, heirs, assigns and any Developer, for any
reason as a result thereof. The Owner, for itself and its successors, heirs, assigns and any Developer,
covenants not to sue or file a claim against the City therefore. This Article II shall survive the termination
of this Agreement or the termination of this Agreement as to any portion of the Real Property.
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ARTICLE III
DEVELOPMENT OF THE PROPERTY
Section 3.1. Development Plan.
(a) Future Development Planning.
(1) As of the Effective Date of the original, un -amended Annexation Agreement,
there is no graphic or written version of a Development Plan for the Real Property. The
Owner/Developer agrees that this Agreement does not authorize approval of any specific Development
Order, Subdivision or Site Plan proposal. However, the Owner and any Developer of any portion of the
Real Property, agrees that minimum standards in this Agreement shall guide and bind the Development
of the Real Property.
(2) The Owner and the City agree that due to the size of the Real Property and
its location, that Development of the Real Property shall be master planned through a PUD zoning on a
minimum of 500 acre units as part of the planned unit "overlay" Development, including plans for
phasing of Development on parcels of the Real Property for a well-planned, sustainable and integrated
system of Land Use; consistent with Future Land Use Map (FLUM) and City Ordinance 0-22-13, [see
Section (b)(3) a. through m., supra] containing a mix of uses, including but not limited to Public Facilities,
Utility Services, Transportation networks, Open Space, recreation, parks, Conservation, Stormwater
Management, Residential, Commercial and other Infrastructure including Institutional facilities.
(b) Comprehensive Plan Land Use Designation.
(1) The City has taken action to designate the Real Property on the Future Land
Use Map (FLUM) of the City's Comprehensive Plan as Mixed Use as provided in Policy 1-1.3.6 of the
Future Land Use Element.
(2) Mixed Use (MU) Development. The Real Property shall be Developed
Consistent with the Comprehensive Plan Future Land Use Classification in effect and according to
Florida Statues at the time of Development as determined by the City, and in no event will the Real
Property Development exceed the maximum Density and Intensity of Use in this Agreement, and will
satisfy all other requirements of this Agreement.
The purpose of the Mixed Use designation is to provide a mixture of residential, Office, commercial,
recreational, limited industrial, heavy industrial, and institutional uses and encourage town centers along
major arterial corridors. Additional design and Development standards including form based code
principals as maybe incorporated into the City's Land Development Codes in the future shall be applied
to Development of the Real Property.
Notwithstanding any other provision in this Agreement, the maximum Intensity is 0.6 FAR permitted on
nonresidential, and non -industrial, Parcels and the Real Property as a whole. Notwithstanding any other
provision in this Agreement, the allowable residential uses include single family, duplexes, and multi-
family in accordance with Section 3.3.
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Notwithstanding any other provision in this Agreement, the maximum Density permitted on the Real
Property as a whole is 3.2 Dwelling Units per gross acre. The foregoing Density is calculated as follows:
2,044.3 acres of Real Property times 70% (Property that may be Developed as Residential) = 1431
acres. Of these Residential acres, 40% shall be Developed at Medium Density as defined in this
Agreement, and 60% shall be Developed at Very Low to Low Density as defined in this Agreement for a
total of not more than 9157 Dwelling Units divided by 1431 acres = 6.4 units/ acre. It is agreed that fifty
percent (50%) of the Real Property must be Open Space = 9157 Dwelling Units multiplied by 50%
divided by 1431 acres = 3.2 Dwelling Units per gross acres for the Real Property as a whole.
Notwithstanding any other provision in this Agreement, the maximum Intensity on Commercial Tracts
shall be .6 FAR, and the maximum Intensity on Industrial Tracts shall be .5 FAR. There shall be a
minimum 30% requirement for Industrial Tracts and Commercial Tracts.
The Real Property shall be master planned through a PUD on a minimum of no less than units of 500
acre + Parcels as part of the planned unit "overlay" Development.
The Real Property Development shall be guided by the following Principles of a Mixed Use
Development:
a. Balanced mix of uses: The property shall consist of a balanced mix of
Compatible uses of a minimum of 30 percent non-residential, to 70 percent residential, gross acreage of
parcels.
b. Active street frontage or context sensitive street design as defined by
FDOT.
C. Compatibility of central theme or design character throughout the
Development on the Real Property.
d. Connectivity of uses: A comprehensive transportation network that
promotes walkability thru compact Development and proximity of structures, reduces auto dependence,
and connects to state and local transportation corridors.
e. Green infrastructure: A comprehensive plan of connected
Stormwater, greenways, and Open Space that provides for wildlife habitat, Stormwater Management
System and recreational opportunities including Low Impact Design and Best Management Practices.
f. Mix of Housing: A variety of housing choices shall be achieved by
including at least ten percent (10%) of actual construction and sale of Dwelling Units on the Real
Property as being "affordable" as defined by and consistent with Florida law, including Chapter 420,
Florida Statutes, as amended or superseded from time to time. Additionally, Single Family housing
Developed on the Real Property shall be at a rate of roughly sixty percent (60%) of actual construction
and sale of Dwelling Units, and Multi -Family housing Developed on the Real Property shall be at a rate
of roughly forty percent (40%) of actual construction and sale of Dwelling Units.
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(3) Comprehensive Plan Requirements. The City has approved Ordinance 0-
22-13 as part of the Comprehensive Plan which includes the following principals of Mixed -Use
Development for the Real Property. These principles shall further guide and bind Development of the
Real Property:
a. Rezoning of the property shall be done through a Planned Unit
Development process as described in Article XX of the City's Land Development Code, as amended, or
superseded, from time to time;
b. Housing types shall be mixed to meet various income levels and
lifestyle choices;
C. Future dedication of Right of Way, upon mutual consent of land
owner, which shall not be unreasonably denied, to the appropriate entity that promotes an
interconnected, extended and improved grid road system, along with a well-planned transportation
system of roads and streets throughout the Real Property (Development), in coordination with the
County, to specifically include 81s' Street, 77th Street, and 73rd Street, as well as 74th Avenue;
d. Provision shall be made on the Real Property for a mixed-use "Town
Center" area;
e. Future dedication and donation of Institutional Tracts necessary for
governmental services, such as post offices, public safety, schools, etc. and Public Facilities that may
be needed for increases in necessary services, as identified by concurrency analysis in accordance with
the City of Sebastian Land Development Codes and Ordinance at the time of Development;
f. Strategic assembly of commercial and industrial Development
consistent with the City's Comprehensive Plan Mixed Use Land Use;
g. Future dedication or conveyance of Conservation lands to appropriate
entity at the time of Development to include any natural areas of significant importance, and the
provision of greenway trails to promote a system of connectivity and access Consistent with the City's
Comprehensive Plan and Land Development Codes;
h. Dedication of City Park and recreation lands above what will be
required in the individual residential subdivision developments. Allocation of parks and recreational
lands consistent with the City's Comprehensive Plan and Land Development Code specifically: a
minimum of 2 acres/1000 residents of publicly accessible recreation lands, and a minimum of 2
acres/1000 residents of other recreational lands. Said publicly accessible lands shall be designated at
the time of PUD zoning and shall be conveyed to the City prior to the time that one-third of Dwe'ling
Units in a 500 acre + Parcel of Development receive building permits;
i. Increased buffers adjacent to low Density areas outside of the PUD
area. The buffer location shall be designated at the time of PUD zoning and shall be conveyed to the
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City or, as directed by the City, to a property owners' association with the power of lien and assessment
of adjacent Dwelling Units or Commercial or Industrial Development maintenance fees, and the
conveyance shall occur prior to the time that one-third of Dwelling Units in a 500 acre + parcel of
Development receive building permits;
j. As a condition of future Development of the Real Property, the Owner
shall provide sufficient land area for Public Facility Infrastructure required to support the Development
and convey to the appropriate governmental entity, and mandate hook-up to central potable water and
wastewater systems for all new Developments on the Real Property prior to receiving final Development
Orders. Therefore, the proposed Development of any portion of the Real Property must provide
sewer/wastewater, Stormwater Management Systems, and water service as a condition of
Development. These services may be provided by the County however no septic systems would be
allowed in accordance with City policy and land development codes;
k. The property shall be master planned on a minimum of no less than
increments or units of 500 acre + Parcels as part of an overall Planned Development project using the
PUD zoning district and process;
I. The property shall consist of a mix of uses of a minimum of 30 percent
non-residential gross acreage to 70 percent residential gross acreage, with fact that Open Space
requirements must be satisfied; and
M. The property shall require a minimum aggregate total of 50% Open
Space. Each of the following uses shall qualify to meet the Open Space requirement: Conservation
area; greenways and trails; all public parks greater than one acre, whether passive or recreational;
pervious portions of agricultural land; all common Open Space; upland preserves; undeveloped lands
suitable for passive recreation, Conservation, Stormwater uses, wetlands preservation, preservation of
habitat for Protected Species which is left undeveloped, and any portions of the Real Property conveyed
to the County or City for a Wastewater treatment plant, fire station or police station. Golf courses shall
not be considered to be Open Space.
(c) Any residuary amount of the Real Property remaining after the PUD Development
Permitting of all phases of the Real Property, the Owner/Developer agrees that those residuary
properties shall be submitted for Development and specific Land Development consistent with the
adjoining property.
(d) Consistency with Comprehensive Plan. The parties agree that as required by
Florida law all Development constructed on the Real Property must be Consistent with the
Comprehensive Plan, as it exists at the time of issuance of a Final Development Order for the particular
Development that is the subject of the Final Development Order. See §163.3194, Fla. Stat.
(e) Mobile Homes and Manufactured Housing.
(1) Notwithstanding other provisions in this Agreement, Mobile Homes with or
without essentially flat roofs may be located on any parcel of the Real Property for not more than 780
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consecutive days in any four non -calendar year period solely for purposes of use as a building
construction office facility. Otherwise, Mobile Homes and Manufactured Housing shall not be Developed
on the Real Property.
(2) In the event that the foregoing sub -section (e)(1) is deemed unenforceable or
otherwise stricken by a court of competent jurisdiction or other governmental authority, Mobile Homes
and Manufactured Housing may only be permitted by such that Mobile Home or Manufactured Housing
roofs that are visible from any public or private Right -of -Way shall be of hip, gambrel, mansard, or
gable styles. Roof height, bulk, and mass must appear structural even when the design is
nonstructural. The following requirements shall apply: (1) All Single -Family Dwelling Units and
Duplex buildings shall have a pitched roof covering a minimum of 65 percent of the overall floor area
under the roof; (2) Pitched roofs shall have a minimum slope of 5:12 (five inches vertical rise for
every 12 inches horizontal run) and shall have an overhang beyond the building wall; however, the
overhang shall not encroach into an easement; (3) Flat roofed areas including, but not limited to,
porches or screen rooms are permissible in the remaining 35 percent of floor area under roof; and (4)
Flat roofs shall be located at the rear of the building out of view from the public right-of-way.
(3) In the event of a hurricane or other major weather disaster in which the City
determines that single-family or multi -family Residential housing on the Real Property or in the City is
destroyed or substantially not habitable, the City may unilateral authorize the temporary placement of
Mobile Home or Manufactured Housing on the Real Property for a period not to exceed 1,095
consecutive days. Thereafter, the Mobile Home or Manufactured Housing on the Real Property must
be immediately and promptly removed at other than City expense.
Section 3.2. Commercial Tract Development.
(a) Uses. The Owner/Developer agrees that a Commercial Tract shall be used and
Developed only for commercial use purposes. The City's zoning regulations shall bind the Real
Property. Prohibited uses include all uses not specifically or provisionally permitted herein, and any use
not in keeping with the commercial character of the Commercial Parcel. A variety of non -Residential
Land Use designations shall be maintained to assure availability of sites that accommodate the varied
site and spatial requirements for such activities as: professional and business Offices, Commercial
activities, employment generating businesses and general retail sales and services. In doing so, the
City shall promote the image and function of the urban core which is the City's center for commerce as
well as civic and cultural enrichment. Office Development may serve as a transitional use separating
more intensive Commercial uses from Residential Development in order to create a tiered Development
strategy. Office Development and limited Commercial activities (neighborhood serving) may also be
suitable and locate along the outer fringe of the urban core where such Development may encourage
reinvestment in declining Residential areas surrounding the urban core. Residential Development as
permitted by Section 166.04151(6), Florida Statutes, as amended or superseded from time to time shall
also be permitted.
(b) Height; Intensity/. The Owner/Developer agrees that a maximum height for all
structures shall be thirty-five (35) feet, as calculated pursuant to the Land Development Codes in effect
at the time of the issuance of a Final Development Order; subject always to the provisions of the Land
Development Codes in effect at the time of the issuance of a Final Development Order.
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The Commercial Land Use category consists of Neighborhood, Limited and General uses in progressive
degrees of higher intensity:
(1) Neighborhood level Commercial activities are defined in the City's Land
Development Codes from time to time as including retail and office activities that service Residential
neighborhoods.
(2) Limited Commercial Land Use designation is to consist of sites intended to
accommodate neighborhood level commercial activities. The maximum intensity is 0.6 FAR. Limited
Commercial activities and personal services shall include establishments catering to the following
markets:
a. Neighborhood Residential markets within the immediate vicinity as
opposed to county -wide or regional markets; or
Specialized markets with customized market demands.
(3) General Commercial Land Use designation is to accommodate general retail
sales and services; highway oriented sales and services; and other general Commercial activities
defined in the Land Development Codes. General Commercial designations are located in highly
accessible areas, adjacent to major arterials.
(c) Platting; Subdivision. Prior to commencement of construction, the
Owner/Developer agrees that Lots within any Commercial Parcel shall be Platted or Subdivided by and
at the sole cost and expense of the Developer subject to the Land Development Codes in effect at the
time of the issuance of a Final Development Order.
Section 3.3 Residential Tract Development.
(a) Uses. The Owner hereby covenants and declares, and the Owner agrees for itself
and its successors, heirs, assigns and any Developer, that, except as otherwise mandated by law or this
Agreement, all Residential Tracts shall be used and Developed only for multi -family residential Dwelling
Units, duplex residential Dwelling Units, or single family residential Dwelling Units. The residential Land
Use category consists of "Very Low Density Residential," "Low Density Residential," "Medium Density
Residential," or "Mixed Use" residential uses in progressive degrees with higher Density in areas
adjacent to the urban core and less Density in the perimeter of the City. Residential Development shall
be planned and designed to create and perpetuate stable Residential neighborhoods and implement the
policies stipulated below. Accessory uses include customary accessory uses of a residential nature,
clearly incidental and subordinate to the principal use, including garages, in keeping with the residential
character of the area, all as permitted or prohibited pursuant to and consistent with the City's Land
Development Codes in effect at the time of issuance of a Final Development Order for a building permit.
Carports are not permitted in Single Family Dwelling residential districts.
(b) Densi_t_y; Residential Development Standards. The Owner/Developer agrees that
Development on the Residential Tracts shall meet the following standards:
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(1) Areas designated as "Very Low Density" shall accommodate up to three (3)
dwelling units per gross acre and shall be comprised of primarily single-family detached homes on
individual lots;
(2) Areas designated as "Low Density" shall accommodate a maximum Density
of up to five (5) dwelling units per gross acre and shall be comprised primarily of single family detached
homes on individual lots and attached residential homes;
(3) Areas designated as "Medium Density" shall accommodate a mixture of
single-family (detached and attached) residential housing, multi- family residential housing, and
Compatible civic uses and Open Space(s) at a maximum density of ten (10) Dwelling Units per gross
acre. The Density of uses within this designation should be sensitive to adjacent neighborhoods to
ensure appropriate transitions, buffers, and Compatibility.
(4) Density on Residential Tracts may be clustered or transferred from
Residential Tracts to Residential Tracts or Commercial Tracts; provided, that the requirements of this
Agreement are not otherwise exceeded, all in an effort to provide Open Space or higher Density
Development in certain areas of the Real Property.
(c) Affordable Housing. At least ten percent (10%) of the total number of Dwelling
Units on the Real Property must be Affordable Housing Dwelling Units. The Owner/Developer is
encouraged to coordinate with non-profit legal entities to further expand opportunities for Affordable
Housing.
(d) Platting; Subdivision. Prior to commencement of construction, any Subdivision of
the Residential Tracts shall be platted by and at the sole cost of the Owner/Developer pursuant to the
City's Land Development Codes in effect at the time of Subdivision.
Section 3.4. Industrial Tract Development.
(a) Uses. An Industrial Parcel shall be used and Developed only for industrial use
purposes. The City's zoning regulations shall bind the Real Property. Prohibited uses include all uses
not specifically or provisionally permitted herein, and any use not in keeping with the character of the
Industrial Parcel. The purpose of the Industrial Land Use designation is to provide strategically located
sites for Industrial needs and requisite support services. The City's Industrial Land Use may be further
designated as Industrial (IND), or and Heavy Industrial (HI), in order to support future economic
Development and job growth. The locations for IND and HI should be located with convenient access to
major transportation routes. New industrial locations shall ensure protection of environmentally
sensitive lands, protected natural resources, and Protected Species.
(1) Industrial (IND) - Land Use designation provides for limited manufacturing
and industrial uses which minimize the potential for any adverse impacts upon nearby properties which
include: Utilities; light manufacturing, assembling and distribution activities; warehousing, storage and
wholesaling activities; general commercial activities; aviation related industry, services and facilities;
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support services such as night watchmen or custodian residential accessory uses; and other similar land
uses which shall be regulated through appropriate zoning procedures.
(2) Heavy Industrial (HI) - Land Uses are subject to additional protective
measures through appropriate zoning procedures. The City will establish separate HI district location
criteria and performance criteria that provide a greater separation from impacts to surrounding Land
Uses. Uses permitted in the HI district allow a broader range of uses that may have a greater impact on
adjacent properties including: sites which require large surface area, bulk storage facilities, logistic
centers/ terminals; distribution centers; warehousing, manufacturing and processing; green technologies
and wholesale recycling operations; and support services such as night watchmen or custodian
residential accessory uses.
(b) Height; Intensity. The maximum height for all structures shall be thirty-five (35) feet,
as calculated pursuant to the Land Development Codes in effect at the time of the issuance of a Final
Development Order. Subject always to the provisions of the Land Development Codes in effect at the
time of the issuance of a Final Development Order and notwithstanding any other provision in this
Agreement, the maximum Intensity of Industrial Use shall not exceed a .5 Floor Area Ratio.
(c) Locational Standards.
(1) Industrial sites shall generally be allocated in areas accessible to arterial
roads, rail corridors, or near airport facilities and should be located in more sparsely Developed areas.
New Industrial Land Use areas shall also be located near existing Compatible Land Use, separated from
Residential Tracts and Institutional Tracts. Where new industrial Tracts are adjacent to environmentally
sensitive lands, protected natural resources, or Protect Species, appropriate buffers and other
techniques shall be used to ensure protection of such lands and resources from industrial Development.
The City shall encourage industries that contribute to the City's and local economies of the Treasure
Coast and Space Coast. The City shall also encourage green industries (such as recycling facilities) that
minimize potentially negative regional impact to the environment.
(2) The allocation of land resources for industrial Development shall be
responsive to the location and space requirements of industrial activities and potential fiscal and
environmental impacts on the City. The location and distribution of Industrial Land Use shall be
determined based on the following considerations:
i. Trip generation characteristics and impact on existing and planned
transportation systems, including dependency on rail, air, or trucking for distribution of material and
goods;
ii. Anticipated employment generation, floor area requirements, and market
area;
iii. Ability to meet established performance standards for preventing or
minimizing nuisance impacts, such as emission of air pollutants, glare, noise or odor, or generation of
hazardous by-products;
iv. Impact on established as well as anticipated future Development and
natural systems; and
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V. Impact on existing and planned public services, Utilities, water resources,
and energy resources.
(3) The City shall prevent nuisance impacts frequently associated with Industrial
activities by maintaining performance standards in the Land Development Codes for managing emission
of noise, air pollutants, odor, vibration, fire or explosive hazard, and glare.
(4) In addition to the performance standards identified above, the City shall
establish performance standards in the LDC as it pertains to both Industrial and Heavy Industrial
districts which at a minimum address, but are not limited to, the following:
i. Allowable uses;
ii. Land Use Compatibility, buffering and landscaping;
iii. Access points, traffic controls, and parking;
iv. Signage;
V. Gross floor area, impervious surface ratios;
vi. Open space;
vii. Character of an area;
viii. Locational factors;
ix. Environmental impacts; and
X. Secondary containment and open air storage facilities.
(d) Platting; Subdivision. Prior to commencement of construction, Lots within any
Industrial Tract shall be Platted or Subdivided by and at the sole cost and expense of the
Owner/Developer subject to the Land Development Code, in effect at the time of the issuance of a Final
Development Order.
Section 3.5. Institutional Tract Development.
(a) Uses. An Institutional Parcel shall be used and Developed only for institutional use
purposes. The City's zoning regulations shall bind the Real Property. Prohibited uses include all uses
not specifically or provisionally permitted herein, and any use not in keeping with the Institutional Parcel.
The institutional Land Use designation is intended to accommodate existing public and semi-public
services including: governmental administration buildings; public schools and not-for-profit educational
institutions; hospital facilities and supportive health care units; arts and cultural or civic facilities;
essential public services and facilities; cemeteries; fire and emergency operation facilities; public and
private parks and recreation areas; and Utilities.
(b) Height; Intensity. The maximum height for all structures shall be thirty-five (35) feet,
as calculated pursuant to the Land Development Code, in effect at the time of the issuance of a Final
Development Order. Subject always to the provisions of the Land Development Code, in effect at the
time of the issuance of a Final Development Order and notwithstanding any other provision in this
Agreement, the maximum Intensity of this designation is 0.6. The location, scale, timing, and design of
necessary public and semi- public services and Utilities shall be closely coordinated with Development
activities in order to promote more effective and efficient delivery of requisite services and Utilities. The
City shall maintain and enforce appropriate standards and specifications for the design and construction
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of public and semi-public services in order to promote cost effectiveness and quality control consistent
with all applicable federal, state, regional, and local standards.
(c) Wells. Prior to Development of any portion of the Real Property, the
Owner/Developer shall cooperate with the County to transfer capacity needed to serve the Development
from any permitted water wells on the Real Property to the County Utility for water supply purposes.
(d) Transmission, Distribution System. The Owner/Developer of each portion of the
Real Property will at the time of Development be responsible at its sole cost and expense for the
installation of, connection to, or disconnection from, pressurized Wastewater treatment, gravity
Wastewater, pressurized potable water, and pressurized County reuse pipes, tees, bends, valves, joints,
laterals, pumps, and other appurtenances (hereinafter: "Facilities") and for the transmission of sewage,
potable water, reuse water, or Stormwater. Said Facilities shall be capable of operation and
maintenance for a term of years as required at the time of installation by the County. Said Facilities
shall be conveyed to the County or the City, as directed by the City, on a schedule to be Developed by
the City in consultation with the County. Deeds, easements, or dedicated public rights of way for said
Facilities shall be provided by the Owner/Developer of the portion of the Real Property affected at the
time of conveyancing or dedication. Conveyancing of deeds, easements or dedication of public Right of
Way shall be at the sole cost and expense of the Owner/Developer of the portion of the Real Property
affected at the time of conveyancing or dedication. The deed of conveyance shall include covenants
by which the Owner/Developer covenants with the City that the Owner/Developer is lawfully seized of said
land in fee simple; that the Owner/Developer has good right and lawful authority to sell and convey said
land; that the Owner/Developer does hereby fully warrant the title to the said land and will defend the same
against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances,
except as agreed to or accepted by the grantee. Dedication or conveyance shall be in the form
required by the City. The Owner/Developer shall pay all owner's title insurance policy issuance
costs for the policy issued to the appropriate governmental entity grantee and title search and
examination fees, documentary stamp tax, applicable intangible tax, or other taxes, if applicable,
recording fees, and any other charges in effect at the time of recording of the deed, dedication, or
other conveyance in the Public Records of Indian River County, including but not limited to
attorneys' or paralegals' fees, and title insurance policy fees. The tangible physical Facilities shall be
conveyed by Bill of Sale free and clear of security interests, and any taxes on the conveyance thereof
shall be paid by the Owner/Developer. Bills of sale, dedications, deeds, and easements shall be in form
and substance acceptable to the City Attorney and the County Attorney. A maintenance bond in form,
amount, duration, and substance, acceptable to the City Attorney and the County Attorney shall be
posted in favor of the City or the County, applicable, upon completion of construction and acceptance of
conveyance by the City or County.
(e) Over -sizing of Utility Public Facilities. The City or the County shall have the right to
require, and the Owner/Developer accepts the responsibility of providing and maintaining, all at its
expense, oversized Utility Public Facilities, including but not limited to potable water, Wastewater
Treatment, Stormwater Management System, and water reuse, all to serve additional properties on-site
or off-site of the Real Property; provided that a mutually agreeable cost recovery system can be put in
place to reimburse the Owner/Developer for the over -sizing of the Utility Public Facilities.
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(f) Platting; Subdivision. Prior to commencement of construction, Lots, Tracts, or
Parcels of the Real Property within any Institutional Tract shall be Platted or Subdivided by and at the
sole cost and expense of the Owner/Developer subject to the Land Development Codes in effect at the
time of the issuance of a Final Development Order.
Section 3.6. Reservations or Dedications of Land for Public Purposes.
(a) Reservation or Dedications. Except as otherwise set forth below, reservations or
dedications of portions of the Real Property shall comply with the Subdivision regulations set forth in the
City's or County's Land Development Codes, as applicable, effective at the time of Site Plan approval
for a given portion of the Real Property Development. All dedications or conveyances of road Right of
Way, Stormwater Management Systems, water and sewer lines and lift stations and other Infrastructure,
to the City, County, or other governmental entity, shall, at the time or dedication or conveyance, be free
and clear of all mortgages, liens, and encumbrances.
(b) Utility Easements. Utility easements on residential, commercial, institutional, and
industrial, Tracts, as determined by the City shall be of City determined width along front, side, and rear
Lot lines and shall be provided at the sole cost and expense of the Owner/Developer where appropriate
as determined by the City to accommodate Utilities or access to Stormwater Management Systems.
There shall be at least a 10 -foot wide Utility and drainage easement centered along those side Lot lines
having or proposed to have water, sewer, and/or Stormwater drainage Utilities. All Utility and drainage
easements shall as determined by the City be dedicated or conveyed to the public at no cost to the City.
The Owner/Developer shall provide access easements or rights to all Utility easements and Stormwater
Management System retention/detention facilities of width and at such locations as the City, County, or
other governmental agency, may reasonably require. The foregoing Utility easements shall be
conveyed by easement deed free and clear of all mortgages, security interests, or encumbrances
which would limit the City, County, or other governmental entity, from using the easements in the
manner intended. The deed of conveyance shall include covenants by which the Owner/Developer
covenants with the City that the Owner/Developer is lawfully seized of said land in fee simple; that the
Owner/Developer has good right and lawful authority to sell and convey said land; that the
Owner/Developer does hereby fully warrant the title to the said land and will defend the same against the
lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except as
agreed to or accepted by the grantee. Dedication or conveyances shall be in the form required by
the City or County, as appropriate. The Owner/Developer shall pay all owner's title insurance policy
issuance costs for the policy issued to the appropriate governmental entity and title search and
examination fees, documentary stamp tax, applicable intangible tax, or other taxes, if applicable,
recording fees, and any other charges in effect at the time of recording of the deed, dedication, or
other conveyance in the Public Records of Indian River County, including but not limited to
attorneys' or paralegals' fees, title insurance policy fees. The deed of conveyance or form of
dedication or other conveyance shall be in form and substance acceptable to the County Attorney
or the City Attorney, as applicable to the conveyance. Conveyancing of easements, deeds, or
dedication of public Right of Way shall be at the sole cost and expense of the Owner/Developer of the
portion of the Real Property affected at the time of conveyancing or dedication. The tangible physical
Public Facilities within the easement or other conveyed piece of land shall be conveyed by Bill of Sale
free and clear of security interests and any taxes on the conveyance thereof shall be paid by the
Owner/Developer. Bills of sale, dedications, and easement shall be in form and substance acceptable
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to the City Attorney. A maintenance bond in form, amount, duration, and substance, acceptable to the
City Attorney shall be posted in favor of the City upon completion of construction and acceptance of
construction by the City.
(c) Roadways; Public Rights of Way.
(1) The Real Property Development area will include connections to County
Road 510, 82nd Avenue, and 69th Street right of way and roadways shall be Developed as permitted and
consistent with Chapter 14-97, Florida Administrative Code.
(2) The aforementioned connections to County Road 510, 82nd Avenue, 69th
Street, the existing City and area road network, will all be made at the sole cost and expense of the
Owner/Developer, and at no cost to the County, the City, or any other governmental entity. The City
may require that traffic islands for signage, safety, or aesthetics within these public access Rights of
Way which shall be dedicated or conveyed to the City, or other appropriate governmental entity, and
maintained by an incorporated property owner's association having jurisdiction over the Real Property.
(3) If required by the City, the Owner/Developer, its assigns, shall convey the
responsibilities and rights for repairs and maintenance responsibility of all transportation Public Facilities
to an incorporated property owners' association with the power of assessment and lien rights over
private property served by the affected Public Facility, all as determined by the City. The property
owners' association shall be responsible, at its or their sole expense, to be responsible for the
construction and maintenance of all transportation Public Facilities, including but not limited to
roadways, mass transit, bike lanes, sidewalks, or rights of way for Public Facilities not accepted by the
City or County.
(4) The City acknowledges its intention, in good faith, to:
i. Coordinate the pro -rata funding of interchange, bridge crossings, or
roadways with the Developers or owners of adjacent land, when such land is benefited by those
improvements; and
ii. Implement, when possible and agreeable with other land Developers or
owners a "cost recovery" program for Utilities under the County's or the City's operation and control.
(5) Parcels of the Real Property for the foregoing right of way shall be
dedicated or conveyed by the Owner/Developer to the City, County, or other appropriate
governmental entity upon mutual consent of the owner which shall not be unreasonably denied, by
warranty deed free and clear of all mortgages, security interests, or encumbrances, which would
limit the City and the County from using the Government Parcel or other portions of the Real
Property as provided in this section. The deed shall include covenants by which the Owner covenants
with the City that the Owner is lawfully seized of said land in fee simple; that the Owner has good right and
lawful authority to sell and convey said land; that the Owner does hereby fully warrant the title to the said
land and will defend the same against the lawful claims of all persons whomsoever; and that said Land
is free of all encumbrances, except as agreed to or accepted by the grantee. The Owner shall pay
all owner's title insurance policy issuance costs for the policy issued to the appropriate
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governmental entity and title search and examination fees, documentary stamp tax, applicable
intangible tax, or other taxes, if applicable, recording fees, and any other charges in effect at the
time of recording of the deed, dedication, or other conveyance, in the Public Records of Indian
River County, including but not limited to attorneys or paralegals' fees, title insurance company
fees. The deed shall be in form and substance acceptable to the County Attorney or the City
Attorney, as applicable to the conveyance. Conveyancing of deeds, easements or dedication of public
Right of Way shall be at the sole cost and expense of the Owner/Developer of the portion of the Real
Property affected at the time of conveyancing or dedication. The tangible physical Public Facilities shall
be also be conveyed by Bill of Sale, and any taxes on the conveyance thereof shall be paid by the
Owner/Developer. Bills of sale, dedications, deeds, and easement shall be in form and substance
acceptable to the City Attorney or other applicable governmental agency attorney. A maintenance bond
in form, amount, duration, and substance, acceptable to the attorney of the governmental agency
accepting construction and conveyance of rights therein shall be posted in favor of said governmental
agency upon completion of construction and acceptance of conveyance by the governmental agency.
(d) Stormwater Retention/detention and treatment; Wetland protection.
(1) Notwithstanding other provisions of this Agreement or the conceptual
acceptability of the plans for Development, the Owner/Developer shall be responsible for providing
sufficient and acceptable portions of the Real Property for Stormwater Management System treatment
and retention/detention and treatment to serve the Real Property consistent with City and St. Johns
River Water Management District regulations, in effect at the time of issuance of a Final Development
Order.
(2) All Stormwater facilities on the Real Property shall utilize Best Management
Practices as promulgated by the Florida Department of Environmental Protection and the St. Johns
River Water Management District for Stormwater pollution prevention in order to minimize impacts to the
Sebastian River and the Indian River Lagoon. In the event of a conflict between regulations of the
Florida Department of Environmental Protection and the St. Johns River Water Management District,
the City shall timely provide direction as to implementation of those requirements.
(3) All Development on the Real Property must provide the City and the County
with documentation demonstrating compliance with applicable provisions of the St. Johns River Water
Management District Applicant's Handbook, as revised or superseded from time to time, regarding the
potential for secondary impacts to Wetlands, as determined by the City or the St. Johns River Water
Management District. Additionally, should a U.S. EPA Section 404 permit be required for Development
to federal jurisdictional Wetlands, a copy of said documents demonstrating compliance with the federal
guidance regarding the assessment of indirect effects and impacts in the Wetlands will be timely and
promptly provided to the City and the County.
(e) Open Space. At least fifty percent (50%) of the Real Property shall be Preserved or
provided as Open Space. Open Space areas shall be retained as natural areas or used for agriculture,
recreation, Stormwater Management, or similar uses that complement the rural nature of the area and
further defined within the City's Comprehensive Plan Ordinance No. 0-22-13. Common Open Space
shall not include conventional, individual yard areas. Common Open Space may include agricultural
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areas, parks, recreation areas, Conservation and natural areas, and water bodies (not to exceed thirty
percent (30%) of the Open Space requirement.)
(f) Other reservations, Impact Fees, or dedications. Other reservations, Impact Fees,
or dedications of portions of the Real Property may, from time -to -time, be required by the City in
accordance with or as a part of the Subdivision approvals subject to this Agreement. Such fees,
reservations, and dedications are to be imposed in accordance with the ordinances and standards in
effect at the time of Platting or Subdividing. Other parties or institutions, such as the County or the
Florida Department of Transportation, may have other or additional requirements for reservation,
dedication, donation, or exaction, and that this Agreement shall not restrict said agencies, nor is this
Agreement intended to address such circumstances.
Section 3.7. Application of Subsequently Revised Fees. All governmental application,
processing and inspection fees that are revised from time to time during the term of this Agreement shall
apply to the Development of the Real Property; provided, that: (1) such fees, standards, and
specifications shall potentially apply to other possible Development projects in other areas of the City,
whether existing or otherwise; and (2) their application to the Real Property is prospective only.
Section 3.8. Concurrency. The Owner/Developer agrees that Concurrency must exist for
Development on the Real Property. At the Owner/Developer's cost and expense the Real Property
Development shall meet the required Levels of Service of Public Facilities at the time of issuance of a
Final Development Order, or at such later time as may be determined by the City. The
Owner/Developer is advised by the City and agrees that in advance of seeking a Final Development
Order, at the Owner/Developer's sole cost and expense, it may need to reserve Public Facility capacity
adequate to meet Development impacts generated by Development on the Real Property permitted by
this Agreement. The Owner/Developer is further advised and agrees that the reservation of capacity for
Concurrency management purposes provided for is not to be construed to be an actual reservation of
physical capacity for service by any regulating agency, including the City or County, without the
Owner/Developer satisfying all governmental requirements for application; payment of reservation;
hook-up, impact, or other fees; and satisfying permitting requirements of other governmental agencies
such as the County, the St. John's River Water Management District, the Florida Department of
Transportation, and State Department of Environmental Protection. Before a Development Permit is
issued which does not have Level of Service capacity reserved for Concurrency management purposes,
a Concurrency management system evaluation pursuant to the City Code of Ordinances, or as
applicable the County Code of Ordinances, all as amended from time to time, shall be required. Public
Facilities required to serve Development on the Real Property, and meeting the applicable Levels of
Service therefore, must be in place and available to serve new Development on the Real Property as
required by City or County Land Development Codes, Florida law, the City Comprehensive Plan, all as
applicable at the time a certificate of occupancy, or certificate of completion, is issued for the new
Development. Public Facilities may be considered to be "in place and available" if the Public Facility:
Has been constructed; Is subject to a construction surety equal to 125% of the cost thereof as
estimated by the City's engineer and two year maintenance agreement/surety bond, Is subject to a
proportionate fair share agreement which has been executed by the City, the State of Florida (if the
Public Facility is to be constructed and operated by the State of Florida, or the County (if the Public
Facility is to be constructed and operated by the County) setting the time for construction completion (or
phasing thereof) of the Public Facility; DRI Development Order; or in the case of transportation Public
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Facilities operated by the County or the Florida Department of Transportation met through a
proportionate fair share contribution as required by Section 163.3180, Florida Statutes (as amended
from time to time).
Section 3.9. Environmental Impact Assessment. Prior to the Development or land clearing of
any portion of the Real Property, the Owner/Developer may be required by the City to complete an
environmental impact assessment to determine: (1) the existence, location, and extent of wetlands, or
surficial aquifer recharge areas, on the Real Property, which are subject to the jurisdiction of the U.S.
Environmental Protection Agency, the Florida Department of Environmental Protection, the St. John's
River Water Management District, or the City; and (2) the location and existence on the Real Property
of a Protected Species of plant or animal prior to the time of Development which might cause an
incidental or other Taking of said species. The City may require the Owner/Developer to take
appropriate action to protect and preserve said Protected Species. The Owner/Developer agrees that
no Development, land clearing, or use of the Real Property, shall Take, Harm or Harass any Protected
Species or remove or reduce to possession or cause the death or damage to a Protected Species of
plant or vegetation without all appropriate governmental permits.
ARTICLE IV
DEVELOPMENT PROGRAM
Section 4.1. Payment of City and County Impact Fees, Special Assessment, and other
Fees.
(a) The Owner and the Developer, by virtue of this Agreement, with regard to payment
of any type or amount of special assessment, permit fee, Development review fee, or Impact Fee,
assessed by the City or County, shall not be: (i) exempted from payment; or (ii) vested with regard to the
amount or fee computation method of said fee(s) or assessment due to paid.
(b) All City inspection fees, as required by the City Code or resolution of the City
Council, as amended from time to time, for inspection of the construction of Subdivision or other
Development Infrastructure or Public Facilities shall be paid by the Owner/Developer within thirty (30)
days of construction plan approval.
Section 4.2. Permits to be Obtained.
(a) Failure of this Agreement to address a particular permit, condition, term, or
restriction shall not relieve the Owner or the Developer of the necessity of complying with the law
governing and permitting requirements, conditions, term, or restriction.
(b) All permits required pursuant to this Agreement or otherwise required by the City or
any other governmental agency, shall be obtained at the sole cost of the Owner/Developer. Further, the
existence of this Agreement shall not obligate the City or any other governmental agency to grant any
permit. Permits shall be granted pursuant to applicable permitting standards in the Land Development
Codes or other regulatory standards.
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(c) Pursuant to Section 166.033, Florida Statutes, as amended, the Owner and the City
agree that approval of this Agreement by the City does not in any way remove the obligation of the
Owner or any Developer of the Real Property to obtain a permit from the County, the State of Florida or
any federal agency and does not create any liability on the part of the City for approval of this
Agreement or any Development Permit issued pursuant to this Agreement. Should the Owner/Applicant
fail to obtain the requisite approvals, permits or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of County ordinance or other regulations of the
State of Florida or federal law, the City shall not be joined in that violation. All applicable state and
federal permits must be obtained before commencement of the construction or Development.
Section 4.3. City Processing and Review of Development Permit Applications. The City
hereby agrees that it will accept the applications, which are complete, from the Owner or the Developer
for processing and review of all Development applications for Development Permits or other
entitlements, if any, for use of the Real Property in accordance with the provisions of this Agreement;
provided, that applications are submitted in accordance with all City rules and regulations and all fees
are timely and properly paid. This provision shall not prohibit the City from seeking additional
information regarding an application or denial of said application, if the application is not in compliance
with applicable governmental regulation.
Section 4.4. Review Process. In an effort to expedite permit review, the City agrees to review
building permit construction drawings simultaneously with a preliminary Plat. Said review of the
construction plans shall not be finalized by the staff before the City Council approves the preliminary
Plat. Should the preliminary Plat require modification following the City Council review and approval, the
cost of revising the construction drawings shall be borne by the Owner/Developer.
Section 4.5. Insurance.
(a) The Owner/Developer agrees that before commencing work or construction of
public roads, rights-of-way, Stormwater Management Systems, water or sewer lines, other capital
Infrastructure, or Public Facilities, to be connected to any governmental Infrastructure or system for the
Development of the Real Property, or portions thereof, the Owner or the Developer, as appropriate, shall
obtain at its sole cost and expense and thereafter maintain during said work or construction the
insurance required under this paragraph and receive the approval of the City as to form of the policy,
amount of the policy, and carrier. In addition, the Owner or Developer shall ensure its general
contractor, any other contractors in privity with the Owner or Developer, and any tenants maintain the
insurance coverages set forth below.
(b) At a minimum all insurance to be obtained will name the Owner/Developer, the
general contractor, and the City or County, as their respective interests may appear, and will require the
insurer to give written notice of any cancellation or change to be sent to both the Owner/Developer, and
the City or County at least thirty (30) days prior to cancellation, termination, or material change.
(c) Unless otherwise approved by the City, in its sole discretion, with the exception of
professional liability insurance, all insurance shall be Occurrence Form, to the extent that such form of
insurance is available on commercially reasonable terms. No insurance obtained shall be "claims made'
unless affirmatively approved in writing by the governmental agency insured by same. Policies of
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insurance, shall not have a deductible of more than $10,000, shall be with an insurance company
licensed by the State of Florida Insurance Commissioner, or said Commissioner's successor, to issue
the policy presented, issued by a company having an A.M. Best's Rating Guide financial strength rating
of A or better and a financial size category of VII or better. In the event that A.M. Best's Rating Guide is
discontinued, the City and the Owner/Developer shall amend this Agreement to provide a successor
rating service and ratings, which in the City's reasonable judgment is similar, to what is required by this
Agreement.
(d) The Owner/Developer, its general contractor, any other contractors in privity with
the Developer and any tenants shall be solely responsible for all deductibles and retentions contained in
their respective policies.
(e) The City will be included as an "Additional Insured" on the Commercial General
Liability, Umbrella Liability, and Builders' Risk polices. The City will also be named as "Loss Payee" as
respects all fire and property damage insurance policies. The Owner/Developer's insurance policies will
be primary over any and all insurance available to the City, whether purchased or not, and must be non-
contributory.
(f) The Owner/Developer will ensure that each insurance policy obtained by it or by its
contractors provides that the insurance company waives all right of recovery by way of subrogation
against the City in connection with any damage covered by any policy.
(g) Evidence of Insurance. Prior to the Owner/Developer commencing Development or
construction or work on a portion of the Real Property, satisfactory evidence of the required insurance
shall be provided to the City. Satisfactory evidence shall be either: (a) a copy of the declaration page
certified by the insurer to the City designating the City as a "loss payee" or "additional insured" as
appropriate; or (b) a certified copy of the actual insurance policy. The City, at is sole option, may from
time to time request a certified (by the insurer) copy of any or all insurance policies required by this
Agreement from the Owner/Developer. The Owner/Developer, in the manner provided in this
Agreement for giving notice, shall forward to the City any of the instruments required hereunder within
thirty (30) days of request by the City or, on a yearly basis, not later than the effective date of any policy
or policy renewal. Use of a certificate of insurance shall not be acceptable proof that the insurance is in
force. If the Owner/Developer does not furnish proof of insurance as set forth in this Section within thirty
(30) days of the receipt of a request therefore from the City or on a yearly basis, or if the
Owner/Developer fails to at all times maintain adequate insurance as required herein, the City may, but
shall not be obligated to obtain insurance to satisfy this Section. In such event, the City shall invoice the
Owner/Developer for the costs and premiums attributable to such insurance at the rate of 18% or such
other than highest legal rate of interest, and the Owner/Developer shall pay to the City, within ten (10)
days after the Owner/Developer's receipt of the invoice.
(h) Required Coverages. As a minimum, the Owner/Developer will procure and
maintain (or cause to be procured and maintained) the following coverages:
(1) Builders Risk. During all construction on the Real Property, Public Facilities,
or modifications to existing Public Facilities that impact the planned Public Facilities on the Real
Property, the Owner/Developer shall obtain Builders Risk insurance (to include the perils of wind and
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flood) with minimum limits equal to the "Completed Value" of the buildings, Public Facilities, or structures
being erected or installed or the total value of the modifications being made. The Builder's Risk
insurance shall be for direct physical loss or damage resulting from an uninsured peril to the building,
structures, and the Public Facility improvements, including materials and equipment that are intended
for the incorporation into the improvements, whether located on or adjacent to the Real Property, in
storage, in transit, of on any governmentally owned or controlled property; and
(2) Professional Liability. The Owner/Developer must ensure that Architects and
Engineers Errors and Omissions Liability insurance specific to the Development construction activities of
Public Facilities is obtained prior to the commencement of any construction activities on the Real
Property. If coverage is provided on a "Claims Made" basis, the policy must provide for the reporting of
claims for a period of two (2) years following the completion of all Public Facilities construction activities.
The minimum limits acceptable are $5,000,000 per occurrence and $5,000,000 in the aggregate
annually (all as adjusted for inflation through an inflation rider). Required professional liability insurance
shall provide coverage from the commencement of design work for each phase of Development and
shall continue for no less than five (5) years after the completion of each phase of the Project.
(3) Commercial General Liability. During the Term of this Agreement, the
Owner/Developer of the Real Property shall maintain Commercial General Liability Insurance.
Coverage shall include, as a minimum: (i) Premises Operations, (ii) Personal Injury Liability, (iii) Property
Damage, (iv) Expanded Definition of Property Damage, (v) Products and Completed Operations, and
(vi) Incidental Contractual Liability in both the primary and umbrella policy coverage. The minimum limits
acceptable shall be not less than $2,000,000 per occurrence 'for bodily injury or death of one or more
persons and not less than $5,000,000 per occurrence for property damage in the aggregate, all with
respect to the Real Property or arising out of the maintenance., use, or occupancy thereof, and naming
the City and, as appropriate, the County, or other governmental entity, as an "additional insured". The
use of an excess/umbrella liability policy of no less than $10,000,000 to achieve the limits required by
this paragraph will be acceptable as long as the terms and conditions of the excess/umbrella policy are
no less restrictive than the underlying Commercial General Liability policy. No primary policy shall have
a deductible of more than $25,000, and the excess/umbrella policy shall provide insurance for any loss
or damage over the maximum limits of the primary policy.
(4) Workers' Compensation and Employers Liability. The Owner/Developer
shall maintain Workers' Compensation Insurance, employer's liability insurance and any other insurance
as required by Florida Statutes. In addition, the Owner/Developer and its contractors must obtain
Employers' Liability Insurance with limits of not less than: (i) $500,000 Bodily Injury by Accident, and (ii)
$500,000 Bodily Injury by Disease, each employee (all as adjusted for inflation through an inflation
rider).
(5) Business Automobile Liability. During the term of any Development on the
Real Property, the Owner/Developer and any general contractor shall maintain Business Automobile
Liability Insurance with coverage extending to all Owned, Non -Owned and Hired autos used by
Owner/Developer or contractor or sub -contractor or materialman in connection with its operations under
this Agreement or with regard to this Real Property. The minimum limits acceptable shall be $3,000,000
Combined Single Limit (CSL) (as adjusted for inflation through an inflation rider). The use of an
excess/umbrella liability policy to achieve the limits required by this paragraph will be acceptable as long
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as the terms and conditions of the excess/umbrella policy are no less restrictive than the underlying
Business Automobile Liability policy.
(6) Fire and Extended Coverage. The Owner/Developer shall also maintain at
the Owner/Developer's sole cost and expense, fire, Fire Legal Liability, flood, and casualty insurance
with extended coverage on all of the Public Facility or proposed improvements in an amount equal to the
full insurable value thereof, based upon replacement cost. Regarding flood insurance, the full insurable
value shall refer to the maximum amount obtainable up to the actual replacement cost of the structure(s)
regardless of the amount available under any Federal flood insurance program. Said insurance shall be
in the Owner or Developer's name with the City, or the City's designee, designated as the "loss payee".
The Developer, at the Developer's sole cost and expense, shall also maintain, on all of its equipment,
personal property, and inventory on or adjacent to the Real Property, fire insurance and casualty
coverage to the extent of at least eighty percent (80%) of the replacement value thereof, the proceeds of
which are payable, in the event of a loss. The City shall, in no event, be liable to the Owner, the
Developer, or any of their contractors, for any damage, injury, or destruction to said property.
(7) All Risk Property Insurance. The Owner/Developer must maintain, or
require its contractors to maintain, Property Coverage (Special Form), to cover the "All Other Perils"
portion of the policy at the Replacement Cost Valuation as determined by a M.A.I. appraiser acceptable
to both the Owner/Developer and the City. The perils of Windstorm and Flood shall carry sub limits to
be determined annually and acceptable to the City. To the extent available, coverage will extend to
furniture, fixtures, equipment and other personal property associated with the Development project,
improvements, and Public Facilities. The policy must also provide "Law and Ordinance" coverage, while
giving deference to the age of the improvements or Public Facilities, with limits acceptable to both the
City and the Owner/Developer.
(i) Premiums and renewals. The Owner/Developer shall pay as the same become due
all premiums for the insurance required by this Section, shall renew or replace each such policy and
deliver to the City evidence of the payment of the full premium thereof prior to the expiration date of
such policy.
(j) Adequacy of Insurance Coverage.
(1) The adequacy of the insurance coverage required by this Section may be
reviewed periodically by the City in its reasonable discretion. The City may request a change in the
insurance coverage, if it is commercially reasonable, customary and commonly available regarding
properties similar in type, size, use and location to the Real Property and the Owner/Developer
improvements or Public Facilities; provided, that such coverage is available at commercially reasonable
rates (including without limitation, fiduciary liability and directors and officer's liability insurance).
(2) The Owner/Developer shall have the right to contest the request for a change
in insurance, but must be commercially reasonable.
(3) In the event that insurance proceeds are not adequate to rebuild and restore
the damaged Public Facility improvements to their previous condition before an insurable loss occurred,
and the cause of the deficiency in insurance proceeds is the Owner/Developer/Contractor's failure to
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adequately insure the Public Facility improvements as required herein, the Owner/Developer shall
rebuild and restore such Public Facility improvements pursuant to the terms hereof and shall pay any
such deficiency notwithstanding the fact that such insurance proceeds are not adequate.
(4) City Right to Procure Insurance. If the Owner/Developer refuses, neglects
or fails to secure and maintain in full force and effect any or all of the insurance required pursuant to this
Agreement, the City, at its option, may procure or renew such insurance. In that event, all commercially
reasonable amounts of money paid therefor by the City shall be treated as due and payable to the City
together with interest thereon at the then highest lawful rate of interest from the date the same were
paid by the City to the date of payment thereof by the Owner/Developer. Such amounts, together with
all interest accrued thereon, shall be paid by the Owner/Developer to the City within ten (10) days of
written notice thereof.
(k) Effect of Loss or Damage. Any loss or damage by fire or other peril of or to any of
the Public Facility improvements on or adjacent to the Real Property at any time shall not operate to
terminate this Agreement or to relieve or discharge the Owner/Developer or their contractor from the
payment of monies or public charges or consummating obligations or duties pursuant to this Agreement
or local government ordinances or resolutions in respect thereto, pursuant to this Agreement, as the
same may become due and payable, as provided in this Agreement, or from the performance and
fulfillment of any of the Owner/Developer's obligations pursuant to this Agreement. No acceptance or
approval of any insurance agreement or agreements by the City shall relieve or release or be construed
to relieve or release the Owner/Developer or their contractors, from any liability, duty or obligation
assumed by, or imposed upon it by the provisions of this Agreement or otherwise.
(1) Proof of Loss. Whenever any improvements or Public Facilities, or any part
thereof, constructed on the Real Property (including without limitation, any personal property furnished
or installed in the premises) shall have been damaged or destroyed, the Owner/Developer shall
promptly make proof of loss in accordance with the terms of the insurance policies and shall proceed
promptly to collect or cause to be collected all valid claims which may have arisen against insurers or
others based upon any such damage or destruction. The Owner/Developer shall give the City written
notices within three (3) City business days of any material damage or destruction. For purposes of this
section, "material damage or destruction" shall mean any casualty or other loss the commercially
reasonable cost of which to repair is in excess of $25,000 or, notwithstanding the cost of repair, will
have a material adverse effect on the day to day operations of the City Development, or any part
thereof.
(m) Waiver of Subrogation. A full waiver of subrogation shall be obtained from all
insurance carriers. The Owner/Developer shall cause each insurance policy obtained by it to provide
that the insurance company waives all right of recovery by way of subrogation against the City in
connection with any damage covered by any policy.
(n) Inadequacy of Insurance Proceeds. The Owner/Developer's liability hereunder to
timely commence and complete restoration of the damaged or destroyed improvements, or Public
Facilities, shall be absolute, irrespective of whether the insurance proceeds received, if any, are
adequate to pay for said restoration.
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ARTICLE V
ENFORCED DELAY, DEFAULT, REMEDIES AND TERMINATION
Section 5.1. Enforcement as Permitted by Statute. This Agreement is enforceable by any
party to this Agreement. Parties to this Agreement, and their successors, heirs, assigns and any
Developer, shall enforce this Agreement as provided in Section 5.3.
Section 5.2. Institution of Legal Action. In addition to any other rights or remedies, any party
hereto, or their successors and assigns, may institute legal action to cure, correct or remedy any default,
to enforce any covenants or agreements herein, or to enjoin any threatened or attempted violation
thereof; to recover damages for any default; or to obtain any remedies consistent with the purpose of
this Agreement. This Agreement and each provision hereof section shall not be interpreted as a pledge
of ad valorem tax or other revenues. Parties to this Agreement, and their successors, heirs, and
assigns, shall enforce this Agreement as provided in Section 5.3.
Section 5.3. Enforcement by any Party to this Aqreement.
(a) Notice of Default; Right to Cure. In the event of default by any party to this
Agreement, or said party's heirs, successors and assigns, with regard to this Agreement or of any of its
terms or conditions, the party alleging such default or breach shall give the breaching party not less than
sixty (60) days' Notice of Default in writing in the manner provided for giving notice as set forth in
Section 7.5. The time of notice shall be measured from the date of certified mailing. The Notice -of
Default shall specify the nature of the alleged default, and, where appropriate, the manner and period of
time in which said default may be satisfactorily cured. During any period for curing the default, the party
charged shall not be considered in default for the purposes of termination or institution of legal
proceedings. If the default is cured, then no default shall exist, and the noticing party shall take no
further action.
(b) Option to Institute Legal Proceedings. After proper notice and the expiration of said
period to cure default, the noticing party to this Agreement, at its option, may institute a legal
proceeding, if the default has not been cured.
(c) Waiver. Failure or delay in giving Notice of Default or seeking enforcement of this
Agreement shall not constitute a waiver of any default. Except as otherwise expressly provided in this
Agreement, any failure or delay by another party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any such rights or remedies or deprive such
party of its right to institute and maintain any actions or proceedings which it may deem necessary to
protect, assert or enforce any such rights or remedies.
(d) Violation. In the event of violation of this Agreement by the Owner, the Developer,
or any of their heirs, successors or assigns, the City shall have the right to refuse to issue further
building permits, Final Development Orders, or certificates of occupancy or certificates of completion, all
as the case may be, limited as to that phase of Development, or Plat of that phase of the Development
where the violation is applicable, all until such time and event as all such violation(s) are corrected and
that phase of Development of the Real Property is brought into compliance with this Agreement,
applicable law, ordinances, resolutions, and the Land Development Code. The City shall be required to
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notice the violator with a notice of the nature of the violation and afford a reasonable period to cure the
violation(s) before withholding building permits, Final Development Orders, or certificates of occupancy
or certificates of completion relating to the phase of Development and not to the violation itself. The City
is authorized by this Agreement to use any form of code enforcement to assure conformance with this
Agreement.
ARTICLE VI
ENCUMBRANCES AND RELEASES ON REAL PROPERTY
Section 6.1. Discretion to Encumber. The parties hereto agree that this Agreement shall not
prevent or limit the Owner or a Developer in any manner at said individual's sole discretion, from
encumbering the Real Property or any portion of any improvement thereon by any mortgage or other
security device securing financing with respect to the same; provided, that said mortgage or other
security device shall be released or satisfied as to said property prior to or simultaneous with its
conveyance or dedication to the City or an incorporated property owner's, homeowner's or condominium
association. The City acknowledges that the lenders' providing such financing may require certain
modifications and the City agrees, upon request, from time to time, to meet with the Owner or a
Developer and/or representatives of such lenders to negotiate in good faith any such request for
modification; provided, that this Agreement shall not require the City's acquiescence to any action or
resolution of a dispute or claim. Any mortgages or beneficiaries of a security instrument shall be entitled
to the rights and privileges set forth in this article.
Section 6.2. Entitlement to Written Notice of Default. The holder of a mortgage or other
security interest, and their successors and assigns, encumbering the Real Property, or any part thereof,
which individual, successor or assign, has requested in writing to the City, shall be entitled to receive
written notification from the City of any default by Owner or a Developer in the performance of said
individual's obligations under this Agreement which obligations are not cured within thirty (30) days;
provided, that the failure to give said notice shall not waive ,any default of, or action to enforce, this
Agreement by the City.
Section 6.3. Property Subject to Pro Rata Claims. Any mortgagee or holder of a security
interest who comes into possession of the Real Property, or any part thereof, pursuant to foreclosure of
mortgages or other security interest or deed in lieu of such foreclosure, shall take or foreclose upon the
Real Property, or any part thereof, subject to this Agreement and to any pro rata claims for payments or
charges by the City against the Real Property, or any part thereof, secured by such mortgage or other
security device which accrued prior to the time such mortgage or holder of a security interest comes into
possession of the Real Property or part thereof.
Section 6.4. Release. The City hereby covenants and agrees that upon payment of all fees
required under this Agreement with respect to the Real Property, or any portion thereof, and
performance of obligations relating thereto (including completion of performance of continuing
obligations), by the Owner upon request by the Owner, the City shall consider execution and delivery to
Clerk of the Court of any appropriate release(s) of further obligations as to a particular and affected
portion of the Real Property in form and substance acceptable to the Clerk of the Court, or as may
otherwise be necessary to effect such release; provided, that the foregoing provision shall not require
the City to release any provision of this Agreement from use, density, Intensity, type of Development, or
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other requirements of this Agreement. This section shall not be terminated upon the termination or
release of this Agreement with regard to any portion of the Real Property.
ARTICLE VII
MISCELLANEOUS PROVISIONS
Section 7.1. Drafters of Agreement. The Owner, for itself, or their heirs, successors, and any
Developers, and the City, each were represented by or afforded the opportunity for representation by
legal counsel and participated in the drafting of this Agreement and in the choice of wording hereof.
Consequently, no provision hereof should be more strongly construed against any party as drafter of this
Agreement. Should any action be brought in any court of competent jurisdiction by any of the parties to
this Agreement, including the Owner or a Developer, or its of their respective successors, assigns, or
heirs, each party shall bear its own attorney's and paralegal'; fees and costs in connection with such
litigation or an appeal any such litigation decision.
Section 7.2. Covenants Running With The Land. It is the intention of the Owner of the Real
Property and the City, that this Agreement shall constitute covenants running with the land and with title
to the Real Property, or as equitable servitudes upon the land, as the case may be. The burdens of this
Agreement shall bind and the benefits of this Agreement shall inure to, the parties hereto and all
successors in interest to the parties to this Agreement. Such covenants shall expire upon termination of
this Agreement.
Section 7.3. Conveyance. The Owner shall give to the City written notice at least sixty (60)
days prior to the sale, assignment or transfer of the Real Property or any portion of the Real Property
consisting of at least two (2) acres or more. Dedication, assignment, sale, or conveyancing of a portion
of the Real Property to the City shall constitute the sale, assignment or transfer of a portion of the Real
Property.
Section 7.4. Hold Harmless. The Owner and any Developer agrees to and shall hold the City,
its officers, agents, employees, attorneys, engineers, planners, consultants, and representatives
harmless from liability for damages to property (whether real or personal) or claims for damages for
personal injury, including but not limited to death, and claims arising from the direct or indirect
operations of the Owner/Developer or those of its contractors, subcontractors, agents, employees or
other persons acting on their behalf which relate to Development of the Real Property; provided, that
said injuries or damages did not occur as a direct result of orders made specifically to the Owner or the
Developer, or their respective agents or employees, by the City or its agents. The Owner and the
Developer, jointly and severally, agree to and shall defend the City, its officers, agents, attorneys,
employees and representatives, from such actions caused or alleged to have been caused by reason of
the Owner's and the Developer's activities in connection with this Agreement or Development of the
Real Property. In addition, the Owner, and the Developer, jointly and severally, agree to and shall
indemnify, hold harmless, and defend the City, its officers, agents, employees and representatives, from
actions by third parties against the City based upon: injury and negligence based on a failure to train or
supervise workers, employees, materialmen, contractors, subcontractors, or agents of the Owner, and
the Developer, or by City workers, employees, contractors, subcontractors, materialmen, or agents in
aid of Development of the Real Property, consummated by any one of the foregoing; failure to employ
safety measures; injury or negligence of any person arising from Development of the Real Property;
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improper plan approval or permitting; failure to utilize proper materials, repair or installation methods, or
comply with any rules, regulations, ordinances, or laws, and any other negligent or intentional action or
omission of the Owner and the Developer, or their respective workers, employees, contractors,
subcontractors, or agents. This hold harmless agreement applies to all damages and claims for
damages suffered or alleged to have been suffered by reason of the operations referred to in this
paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specification,
or both for the Development of, or the project to be built upon, the Real Property. The Owner and the
Developer shall, jointly and severally, hold harmless and indemnify the City for all costs, attorneys' fees
and paralegal fees incurred by the City in defending itself in any action by a third party challenging the
validity of this Agreement or the City's liability for actions or omissions to act of the Owner or the
Developer relating to Development of the Real Property; provided, said actions or omissions did not
occur because of orders made specifically to the Owner or the Developer, or their respective agents by
the City. As used herein, reference to attorney's fees or paralegal's fee shall apply to both trial and any
appeal and to any negotiation of settlement of claims relating to this Agreement or any annexation. As
part of the indemnification, the City shall have its choice of its legal counsel for representation. Nothing
in this agreement shall be construed as the City waiving its sovereign immunity pursuant to 768.28, et
seq., Florida Statutes, or any other sovereign or governmental immunity. This section shall survive the
termination or cancelation of this agreement.
Section 7.5. Notices. All notices, demands and correspondence required or provided for under
this Agreement shall be in writing and delivered in person or dispatched by certified U.S. mail, postage
prepaid, return receipt requested or by a nationally recognized overnight courier (e.g. — Federal Express,
United States Postal Service, United Parcel Service, etc.). Notice required to be given shall be
addressed as follows:
CITY: City Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
With a copy to:
City Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
OWNER: Jeff Bass, President
Graves Brothers Company
2770 Indian River Blvd. — Suite 201
Vero Beach, FL 32960-4230
Notice is presumed to have been given on the date hand delivered, 24 hours after deposit with a
recognized overnight courier, or five (5) days after deposited in the U.S. mail. A party may unilaterally
change its address or addressee by giving notice in writing to the other party as provided in this section.
Thereafter, notices, demands and other pertinent correspondence shall be addressed and transmitted
to the new address and/or addressee.
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Section 7.6. Applicability of Ordinances and Resolutions of City to Agreement.
(a) The ordinances, resolutions, and Land Development Code of the City, as amended
from time to time, governing the Development of the Real Property shall continue to govern the
Development of the Real Property, except as otherwise provided herein. At the termination of this
Agreement or termination of this Agreement as to a portion of the Real Property, all then existing codes
shall become applicable to the Development of the Real Property. Except as otherwise specifically set
forth herein, no fee (including the existence or lack thereof), fee structure, amount computation method
or fee amount, including any Impact Fees, then in existence or hereafter imposed, shall be vested by
virtue of this Agreement.
(b) In the event that state or federal laws are enacted after the approval, effectiveness,
or execution of this Agreement which are applicable to and preclude the parties' compliance with the
terms of this Agreement, such Agreement may be modified or revoked as is necessary to comply with
the relevant state or federal laws. The City shall cooperate with the Owner in the securing of any
permits which may be required as a result of such modifications.
Section 7.7. Rules of Construction. The singular includes the plural; the masculine gender
includes the feminine; "shall" is mandatory, and "may" is permissive. If there is more than one signer of
this Agreement their obligations are joint and several. The time limits set forth in this Agreement may be
extended by mutual consent of the parties in accordance with the procedures for adoption of an
agreement. If for any reason a specific provision herein conflicts with a City Land Development Code, in
effect at the time of issuance of a Final Development Order applicable to a portion of the Real Property,
the specific provision herein shall prevail. Use of the term "Owner" or "Developer" means and refers to
the Owner and/or the Developer, their successors, heirs, assigns, of any portion of or all of the Real
Property.
Section 7.8. Severability. The parties hereto agree that the provisions of this Agreement are
severable. If any provision of this Agreement is held invalid or unconstitutional for any reason, the
remainder of this Agreement shall be effective and shall remain in full force and effect, unless amended
or modified by mutual consent of the parties.
Section 7.9. Entire Agreement, Waivers, and Amendments.
(a) This Agreement constitutes the entire understanding and agreement of the parties.
This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and
supersedes all negotiation or previous agreements between the parties with respect to all or any part of
the subject matter hereof. All waivers or releases of the provisions of this Agreement must be in writing
and signed by the appropriate authorities of the party waiving or releasing the provisions hereof or
performance hereunder,
(b) All amendments hereto must be in writing signed by the appropriate authorities in a
form suitable for recording in the Public Records of Indian River County.
(c) The Owner hereby agrees to pay for any costs of recordation or filing of this
Agreement, or any amendment hereto, in the Public Records of Indian River County, Florida, or with the
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State of Florida, Department of Economic Opportunity. The recorded original of this Agreement or any
amendment hereto, shall be returned to the City for filing in its records to be kept with the City Clerk.
Section 7.10. Project is a Private Undertaking; Third Party Beneficiaries; Contract Zoning;
Failure to Address Permitting.
(a) It is specifically understood and agreed to by and between the parties hereto that:
(1) the subject Development is a private Development; (2) the City and the County have no interest or
responsibilities for or duty to third parties concerning any improvements or Infrastructure until such time,
and only until such time, that the City or the County, as applicable, accepts the same pursuant to the
provisions of this Agreement or in connection with the various Plat approvals; (3) the Owner/Developer,
shall have full power over the exclusive control of the Real Property herein described subject only to the
limitations and obligations of said parties under this Agreement:, the City's Comprehensive Plan, and the
City's Code of Ordinances and other regulations; and (4) the contractual relationship between the City
and Owner or a Developer is such that the Owner and the Developer are independent contractors and
not agents of the City.
(b) The Owner, for itself and the Developer, and of their respective successor, assign,
or heir, of any portion of the Real Property, hereby agrees that this Agreement does not constitute
contract zoning, as defined in Hartnett v. Austin, 93 So.2d 86 (Fla. 1956), and its progeny, or contract
planning. The Owner, for itself and any Developer and its or their successors, heirs and assigns, waives
any and all claims that this Agreement is or constitutes a form of contract zoning, as defined in Hartnett
v. Austin, 93 So.2d 86 (Fla. 1956), and its progeny, or contract planning. In the event of any pre- or
post -lawsuit claim or lawsuit alleging that this Agreement is null or void or otherwise not legal, because it
constitutes contract zoning, as defined in Hartnett v. Austin, 93 So.2d 86 (Fla. 1956), and its progeny, or
contract planning, the Owner, for itself and any Developer, for its or their successors, heirs and assigns,
in accordance with Section 7.4 above, shall release and hold harmless, defend, and indemnify the City
against any and all damages, attorneys' or paralegals' fees, or costs, whether in negotiation of
settlement of the claim, at trial, or on appeal. In such lawsuit, the City shall have its choice of legal
counsel. As used herein, reference to attorney's fees or paralegal's fee shall apply to both trial and any
appeal and to any negotiation of settlement of claims relating to this Agreement or any annexation.
(c) The failure of this Agreement to address a particular Development Permit or
Development Order, Land Development Code, condition, prohibition, term, level of Development, levels
of service, or restriction existing at the time of the Effective Date of this Agreement, shall not relieve the
Owner/ Developer, or its or their heirs, successors and assigns (other than governmental entities), of the
necessity of complying with said legal requirements, permitting, conditions, prohibitions, terms, levels of
Development, Levels of Service, or restrictions, all existing at the time of the issuance of a Final
Development Order for an applicable portion of the Real Property.
Section 7.11. Interpretation; Venue.
(a) Both parties hereto have had the opportunity to consult with legal counsel and to
participate in the drafting of this Agreement. Consequently, this Agreement shall not be more strictly or
more harshly construed against either party as the drafter hereof.
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(b) With regard to any lawsuit against the City or the County or the Owner or Developer
of any portion of the Real Property, this Agreement is subject to the home venue provision. Venue shall
be properly located in the 19' judicial circuit of the State of Florida in and for Indian River County or the
U.S. District Court, Southern District of Florida, in and for Indian River County, all as said jurisdiction
boundaries may be amended from time to time.
Section 7.12. Termination of Previous Annexation Agreement; Previous
Understandings.
(a) The Annexation Agreement between the Owner and the City recorded on August
29, 2019, in Official Records Book 3234, Page 1731, Public Records of Indian River County, Florida, be
and the same is hereby terminated.
(b) All previous understandings, whether oral or in writing prior to the Effective Date of
this Agreement, be and the same are hereby declared to be of no effect.
Section 7.13. Effective Date, Duration of Agreement.
(a) The term of this Agreement shall commence upon the Effective Date and shall
expire on January 1, 2051, unless extended pursuant to a written amendment to this Agreement
executed by the Owner of a portion of the Real Property to be subject to the amendment and the City.
All provisions in this Agreement shall become effective on the Effective Date.
(b) The Effective Date shall be the date upon which this Agreement has approved and
executed by the Owner of the Real Property and the City and recorded in the Public Records of Indian
River County, Florida. The Effective Date of any amendment to this Agreement shall be the date upon
which said amendment to this Agreement has approved and executed by the Owner of the portion of the
Real Property subject to the amendment and by the City and recorded in the Public Records of Indian
River County, Florida.
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IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year
first above written.
Signed, sealed and delivered
In the presence of:
Sign:
Print Name:
Address:
Sign:
Print Name:
Address:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
OWNER:
GRAVES BROTHERS COMPANY,
a Florida Corporation
By:
Jeff E. Bass, its President
Address: 2770 Indian River Blvd. —
Suite 201, Vero Beach, FL 32960-4230
(CORPORATE SEAL)
SS:
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization, this day of , 2022, by Jeff E. Bass, as President of Graves
Brothers Company, a Florida Corporation, on behalf of the corporation. He is personally known to me or
has produced as identification.
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Notary Public
State of Florida at Large
My Commission Expires:
Print Name:
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Sign
Print Name:
Address:
Sign
Print Name:
Address:
ATTEST:
Jeanette Williams, MMC
City Clerk
STATE OF FLORIDA
SS:
COUNTY OF INDIAN RIVER
CITY:
CITY OF SEBASTIAN, a Florida
Municipal Corporation
By:
Paul E. Carlisle, its City Manager
Address: 1225 Main Street
Sebastian, FL 32958
(CITY SEAL)
The foregoing instrument was acknowledged before me by means of physical presence, or
online notarization, this day of , 2022, by Paul E. Carlisle, as City Manager of
the City of Sebastian, Florida, a Florida municipal corporation, on behalf of the corporation. He is
personally known to me or has produced as identification.
Sebastian/Grave Annexation8.Agt (clean)
Notary Public
State of Florida at Large
My Commission Expires:
Print Name:
M
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215
County Administrator's Matters
December 6, 2022
�IV ER t,
Office of the
INDIAN RIVER COUNTY
* *
ORt� ADMINISTRATOR
�Z
Jason E. Brown, County Administrator
Michael C. Zito, Assistant County Administrator
MEMORANDUM
TO: Members of the Board of County Commissioners
FROM: Jason E. Brown
County Administrator
DATE: November 28, 2022
SUBJECT: Update Regarding Proposed Sebastian Annexation Agreement
Background
Staff would like to provide an update on the pending annexation of 1,984 acres into the City of Sebastian.
A copy of the final draft agreement as provided by City staff is attached, along with a copy of the letter
that County staff sent on August 31, 2022 regarding the County's input into the annexation agreement.
Staff Recommendation
Staff recommends that the Board discuss the proposed annexation agreement and provide direction to
staff on the proposed Graves Brothers Annexation into the City of Sebastian.
216
August 31, 2022
Mr. Paul Carlisle
City Manager, City of Sebastian
1225 Main St.
Sebastian, FL 32958
Dear Mr. Carlisle,
County staff appreciates the opportunity to provide our comments and suggestions for items to
be incorporated into the annexation agreement between the City of Sebastian and the Graves
Brothers. The annexation of a large parcel (1,984 acres) such as this presents a great opportunity
to have a positive impactful development for the City and the County alike. We present these
items in the spirit of collaboration and hope that we could discuss the rationale behind them with
City staff as well as any mutually agreeable alternatives should the City not be supportive of
including them.
We would like to reiterate that the County fully respects the City's home rule authority and right to
make planning decisions regarding the future of the City. The suggestions below fall into two
broad categories. The first category consists of comments that would enable the County to plan
for the provision of various services within the annexed area going forward (e.g. water &
wastewater service, some transportation improvements, fire rescue). The second category is
purely "advisory' in that the County would like to see them to hopefully ensure a model
development of the area for the future. These would be similar to what was asked of City residents
at the annexation workshops held in June.
Suggested Annexation Agreement Items to Enable County Infrastructure Planning and
Service Provision
The overall density on the site will not exceed 3.0 residential units per acre. This would
limit the site to no more than 5,952 residential units, which at an average of 2.5 persons
per household would result in about 14,900 additional residents at buildout. Densities
would vary across the project with higher densities in some areas balanced out by open
space, commercial areas, and lower density residential areas. This limit would ensure
that the overall density is somewhat consistent with existing densities in the City to help
maintain the character of the area.
Total commercial and industrial development limited to no more than 100 acres.
OFFICE OF THE COUNTY ADMINISTRA TOR
INDL4NRIVER COUNTY
1801 27"' Street, Vero Beach, Fl. 32960-3388
PHONE: 772-226-1408 217
2
Note: The density limits above will limit estimated water consumption to less than 2 million
gallons per day (MGD). If the project were to develop at 10 units per acre (which we don't
believe is the intent), this would result in approximately 5 million gallons per day of water
consumption (not accounting for commercial development). For comparison purposes, the
total consumptive use permit for the County Utility is limited to 12.8 MGD.
• Development within the area will need to provide for connection to pressurized County
reuse, including all residential areas, for irrigation purposes. This will help the County in
managing and preserving the limited water resources available.
• The owner shall provide a 75 -acre parcel in an area mutually agreeable to the County and
the owner for the siting of a water and/or wastewater treatment facility. Strategically
located, this may also include reuse water pumping and/or storage facilities.
• The owner shall cooperate with the County to transfer ownership and/or capacity from any
permitted wells on the property to the County Utility for water supply purposes.
• The owner shall provide land for a fire rescue station(s) based upon the overall density
level. The current level of service per the most recent impact fee study is 1 fire rescue
station per 10,548 residents. Based upon a 3.0 residential unit per acre density, this would
require provision of 1 fire rescue station site in a mutually agreeable location. This could
perhaps be collocated with the waterlwastewater site.
The items listed above will help the County plan for infrastructure needs and enable the County
to provide reasonable assurance to be able to serve the area as it develops. Additional site-
specific requirements would be determined through the development (e.g. site plan) process as
well.
Suggested "Advisory" Annexation Agreement Items
Below are the suggested "advisory" annexation agreement items with suggested draft language.
• The site shall be developed through the Planned Unit Development (PUD) process, and
a comprehensive conceptual master plan, for the entire project area, will be approved by
the City Council prior to any development of the project area.
Mixing of Uses: Guidelines from County New Town Policies
o Commercial, and office areas shall be provided at a ratio of three (3) to ten (10)
acres per 1,000 residential units.
o Residential use areas shall constitute at least fifteen (15) percent but not more
than thirty-five (35) percent of the entire area.
o Employment areas, including industrial, business, and office uses, shall comprise
at least two (2) percent of the entire area.
At least ten (10) percent of the total housing units shall be affordable and/or workforce
housing units (Family income between 30 and 100 percent AM[ to ensure that there is
housing available within the project area for workers employed within the project area.
Open Space: At least fifty (50) percent of the entire area shall be preserved or provided
as open space. Open space areas shall be retained as natural areas or used for
218
3
agriculture, recreation, stormwater management, or similar uses that complement the rural
nature of the area.
o At least seventy (70) percent of the minimum required common open space area
shall be located along main project boundaries and shall function as perimeter
greenbelts. These required greenbelts shall include and be contiguous with the
South Prong Slough Conservation Area.
o Such common open space shall not include conventional, individual private yard
areas. Common open space areas may include agricultural areas, parks, and
recreation areas, conservation and natural areas, and water bodies (not to exceed
thirty percent of the open space requirement),.
• Environmental: All onsite stormwater facilities shall utilize Florida Department of
Environmental Protection Best Management Practices (BMPs) for stormwater pollution
prevention in order to minimize impacts to the Sebastian River and Indian River Lagoon.
The proposed development will provide the City and County with documents
demonstrating compliance with Section 10.2.7 of the St. John's River Water Management
District Applicant's Handbook regarding the potential for secondary impacts to wetlands.
Additionally, should a Section 404 permit be required for development in federally
jurisdictional wetlands, a copy of documents demonstrating compliance with federal
guidance regarding the assessment of indirect effects and impacts in wetlands will be
provided to the City and County.
The transition of land use in uplands abutting headwater wetlands can alter groundwater
recharge and surface water runoff regimes. As part of the environmental permitting
process for the project, the developer will provide assurances to the City and County,
through predictive watershed modeling, that hydrologic impacts will not occur to the
County's South Prong Slough Conservation Area. This modeling shall provide data to
establish the extent of required upland buffers, and other site design considerations that
are required to maintain the hydrologic integrity of the South Prong Slough Conservation
Area wetlands, and downstream areas.
Transect/Form: The development shall, at a minimum, have a perimeter edge and a
center. Along the perimeter edge a green belt as described above shall be established.
The greenbelt shall consist of natural areas, agricultural areas, and/or "no -build" areas
designated on large acreage parcels. A project center shall be established for the
concentration of residential and commercial uses.
• Roadway Grid: The development area will include connections to CR 510, 82nd Avenue,
and 69th Street as allowed in accordance with Chapter 14-97 of the Florida Administrative
Code. Connections will also include extending the existing Sebastian roadway network
south, including the extension of Laconia Street to CR 510. Additionally, the project design
shall reflect the following:
o A network of ungated and open to the public; interconnected streets in a grid or
modified grid pattern.
o An interconnected pedestrian sidewalk/path system that serves and integrates
residential and non-residential uses.
219
4
o Appropriately sized blocks and pedestrian improvements that provide a layout that
maximizes residential development in clusters around town centers. Town center
shall include but not be limited to public squares or parks, as well as commercial
and residential uses. Blocks may be defined by streets or major pedestrian paths.
Wide sidewalks, street trees, seven -foot bike lanes, and on -street parking shall be
provided within the project center, and on all proposed access roads to and from
the center in order to promote alternative travel.
Timing of Land Uses: A sufficient amount of job -producing and non-residential uses shall
be developed in initial project phases to prevent creation of a de -facto residential only or
bedroom community and to ensure development of a job -producing "anchor tenant." No
more than twenty-five (25) percent of the proposed residential use development will be
permitted until at least twenty-five (25) percent of the proposed commercial, office, and
light industrial uses occur.
Low Impact Development (LID) techniques should be incorporated, such as vegetated
filter strips at the edges of paved surfaces, rain barrels and cisterns. bioswales, residential
or commercial rain gardens designed to capture and soak in stormwater, porous pavers,
porous concrete, and porous asphalt, as well as green roofs.
Again, County staff appreciates the opportunity to provide input into this important process. We
would like to discuss these suggestions with City staff at the appropriate time in an effort not to
delay the process. We offer a spirit of collaboration to discuss alternatives to any suggestions
that the City does not support in the hopes of reaching an annexation agreement that will help to
provide a good result for the residents of the City and the County.
Sjinely,
JasE. town
Cou tv dministrator
Cc (via email):
City of Sebastian Council Members
Indian River County Commissioners
Phil Matson, IRC Community Development Director
Sean Lieske, IRC Utilities Director
Rich Szpyrka. IRC Public Works Director
Dylan Reingold, IRC County Attonrey
220
/aA)
INDIAN RIVER COUNTY
MEMORANDUM
TO: Jason E. Brown
County Administrator
DEPARTMENT HEAD CONCURRENCE:
Phillip J. Matson, AICP
Community Development Director
FROM: Rebeca Guerra, AICP, LEED-AP, CPD
Chief, Environmental Planning & Code Enforcement
DATE: 11/29/2022
RE: Request for Authorization to Secure a Pool Located at 560 Stoney Brook Farm Court
It is requested that the Board of County Commissioners formally consider the following information at the
Board's regular meeting of December 6, 2022.
DESCRIPTION AND CONDITIONS
Suncor Vero Beach, LLC (respondent) owns residential property with a partially completed house located
at 560 Stoney Brook Farm Court in Indian River County. Beginning in July of 2017, County Code
Enforcement Staff began receiving complaints regarding a swimming pool at this location. Inspections by
Code Enforcement Staff identified an unsecured and unmaintained swimming pool in the rear of the
property, and code enforcement action was taken. Although the pool was temporarily brought into
compliance, it reverted back out of compliance and additional Code Enforcement action was needed.
In 2019, after the pool came out of compliance again, the respondent was brought back before the Code
Enforcement Board (CEB) as a repeat violator. Although this action resulted in a $100 per day fine being
imposed, the pool's unmaintained and unsecured condition remained unresolved. During this timeframe,
it is important to note that additional violations for overgrown weeds, property maintenance, and expired
building permits (which include the unfinished house) were occurring resulting in an additional $100 per
day fine being imposed.
To address the multiple ongoing violations, numerous complaints, and the two fines accruing, on October
24, 2022, Code Enforcement Staff requested authorization from the Code Enforcement Board to proceed
with foreclosure proceedings on the subject property. In addition to granting this authorization, the CEB
also voted to authorize staff to seek a resolution to the unmaintained and unsecured pool as a separate
endeavor. This type of request is in line with Section 162.09(1) of the Florida Statutes that stipulates a
municipality's CEB shall notify its local governing body of a violation that presents a serious threat to the
public health, safety, and welfare, and that the local governing body may make all reasonable repairs
which are required to bring the property into compliance and charge the violator with the reasonable
costs of those repairs.
221
In accordance with the CEB's action at its October 24, 2022, meeting, Code Enforcement Staff has
prepared this item to both update the Board of County Commissioners on the status of the subject pool,
and to seek its authorization to go forward with resolving the pool's issues.
The Residential Swimming Pool Safety Act (as delineated in Chapter 45 of the Florida Residential Building
Code) requires pool safety measures for pools built after October 1, 2000. These safety measures include
items such as pool enclosures, pool covers, doors that are self-closing with a self -latching device, and exit
alarms. Currently, the subject pool is not properly secured and is partially full of water/algae. To resolve
these two issues, the pool can be fill-in with dirt to avoid future instances of water accumulation, thus
preventing any imminent algae and/or mosquito problems. Secondly, a 4 -foot high fence that satisfies
the barrier requirements of Chapter 45 of the Florida Residential Building Code can be constructed around
the pool.
ALTERNATIVES
The Board of County Commissioners has several alternatives to consider in this matter. These alternatives
a re:
1. Take no action. This alternative would result in daily fines continuing to accrue while foreclosure
proceedings move forward via outside counsel. This alternative, however, would not resolve the
immediate hazards of the unmaintained and unsecured pool.
2. Direct staff to seek a court order to enter onto the subject property and resolve the swimming
pool's safety and maintenance issues by filling-in the pool and erecting a 4 -foot high fence around
the entirety of the pool. This alternative would alleviate both immediate hazards of the
unmaintained and unsecured pool.
RECOMMENDATION
Staff recommends Alternative 2, that the Board of County Commissioners direct staff to seek a court order
to allow staff access to the subject property to secure the pool, authorizing the County's employees,
servants, agents, or contractors to enter upon the Suncor Vero Beach, LLC property located at 560 Stoney
Brook Farm Court at all reasonable times, fill-in the pool, and erect a 4 -foot high fence around the entirety
of the pool.
FUNDING
Funding for the expenditure (approximately $12,000) will be made available in the MSTU/Road &
Bridge/Other Contractual Services Account# 00421441-033490 through a budget amendment from the
MSTU/Reserve for Contingency.
To date, the current outstanding Code Enforcement fines for the, property are $120,600. The collection
of these fines, either by themselves or in conjunction with the foreclosure, may be used to address the
County's outlay of costs for resolving the safety and maintenance issues of the pool.
ATTACHMENTS
1. Photos of the subject property and pool
2. Minutes from 10.24.22 CEB meeting
222
January 2020
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October 12, 2022
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approve staffs recommendation to rescind the
previously imposed fine and lien; and for an extension
of 90 days, or until January 20, 2023, for t1
espondent to obtain a permit for the shed and I !e
lly inspected, or remove the structure fr the
pro ty, or be subject to a fine imposed in amount
of up 250 per day.
Note for the recordXat the Respondent was,*,6t present for this hearing.
REST
Chief of Code Enforcenand Env mental Planning, Ms. Rebeca Guerra, spoke
regarding property located?sot=
6 10?`h Av e. Ms. Guerra reviewed the history of
violations and showed pl which demons ed the property out of compliance, as
well as photos taken e recently showing the prope , in compliance.
Ms. Guerr xplained that a fine in the amour f $100 per day was imposed
beginning Nov ber 20, 2020, and that the property came compliance on October 7,
2022. The perty remained 685 days out of compliance results in a total fine of $68,500.
The co o prosecute were calculated at $3,800. For reference, the 2 assessed value was
$17 1. Ms. Guerra gave staff's recommendation to impose a h in the amount of
,650 which represented 10% of the total fine.
ON MOTION BY David Myers, SECONDED BY
Karl Zimmermann, the Board voted unanimously (6-
0) to acknowledge compliance and approve staff s
recommendation that a fine be imposed in the amount
of $10,650 which represents 10% of the total fine.
Note for the record that the Respondent was not present for this hearing.
ADMINISTRATIVE HEARINGS
Case 42019110025 and Case #2020050067 Suncor Ft. Pierce. LLC
IRC Assistant County Attorney, Ms. Susan Prado, spoke regarding property located
at 560 Stoney Brook Farm Court. Ms. Prado showed photos and aerial photos taken
demonstrating the violations and gave a brief review of the case history. Ms. Prado displayed
a photo taken on October 12, 2022, showing overgrown grass and weeds and an unsecured
pool full of algae and noted that the property had been out of compliance for over two years.
Ms. Prado explained that the pool safety violation had been brought before the Board
numerous times, the last being in 2019. Ms. Prado explained that the property was still not
CEB Meeting Minutes 12 October 24, 2022
224
in compliance and presented staff's request for permission to move forward with initiating
foreclosure proceedings. In response to a Board member question, Mr. Sobczak confirmed
that the pool was not properly enclosed, per the requiurement of the Florida Building Code.
There was a lengly discussion about securing the unsecured pool to reduce the safety hazard.
ON MOTION BY Joseph Petrulak, SECONDED BY
David Myers, the Board voted unanimously (6-0) to
grant staffs request to initiate foreclosure action
pursuant to FL Statute 162.09.
Note for the record that the Respondent was not present for this hearing.
There was further discussion about securing the pool structure. The Board voted to
recommend that staff be given the authority to secure the pool in order to eliminate any
safety hazards within 14 days.
ON MOTION BY Terence Schlitt, SECONDED BY
David Myers, the Board voted unanimously (6-0) to
grant staff the authority to secure the pool structure
within 14 days.
EVIDENTIARY HEARINGS
nter's Ru
IRC Code Enforc Officer, T1s. Tricia J ns9jjWoke regarding property at
4855 9"' Street Southwest an ved the cited viol
10, 2022. after attempts at regular ified mail w
an aerial map and photos for referen d exp
maintaining grass and weeds 15 feet from
of Hunter's Run. was called as a witness fo ur
the back of his property before a-6 e
development. Mr. Kelly explained t e grade o
'.i ervice was posted on October
successful. Ms. Johnson showed
that the POA was responsible for
each side. Mr. Ken Kelly. a neighbor
4y. Mr. belly showed a photo taken at
built by the adjacent Hunter's Run
berm was so steep it had caused
flooding on his property. Mr. keit ted out in the p at mowers could not properly
mow the grass and it was still tng properly maintain
Assistant County Bey, Ms. Susan Prado, exp that the property was
currently in compliance. tat due to a history of noncamplia aff was requesting a
Continuing Order for roperty to be maintained con."istent with t roved plan. or a
fine in an amount 250 per day be imposed.
MOTION BY Joseph Petrulak, SECONDED BN'
David Myers, the Board voted unanimously (6-0) to
for an extension of 30 days, or until November 25,
2022, for the Respondent to bring the property into
CEB Meeting Minutes 13
October 24, 2022
225
2/2/2023
2/2/2023
Agenda Item 12.A.s - 56o Stoney Brook Farm Court
ACKGROUNn
• In 2016, permits were pulled for a SFR, / swimming pool / gas
lines.
• In July 2017, Code Enforcement Staff began receiving complaints
regarding a swimming pool.
• Inspections identified an unsecured and unmaintained swimming
pool in the rear of the property.
• Pool was temporarily brought into compliance, but reverted back
out of compliance & additional Code Enforcement action was
needed. Respondent addressed those issues.
2/2/2023
Agenda Item 1z.A.1- 56o Stoney Brook Farm Court
BACKGROUND (coat.)
® In 2019, the pool came out of compliance again & was brought
back to the CEB as a 'repeat violator."
® The case resulted in a s1oo/day fine, but pool's unmaintained
and unsecured condition remained unresolved.
• There were further violations for overgrown weeds, property
maintenance, and expired building permits (including the
unfinished house) resulted in an additional s1oo/day fine.
Agenda Item 1.z.A.i - 56o Stoney Brook Farm Court
BACKGROUND (cont.)
• On 10/24/22, CEB authorized Staff to proceed with foreclosure
proceedings. On 11/8/22, BCC authorized staff to move forward with
outside counsel in the filing of a foreclosure.
• On 10/24/22, CEB also voted to authorize staff to seek a solution to
the unmaintained and unsecured pool as a separate endeavor.
• F.S. 162.o9(1) requires CEB to notify its local governing body of a
violation that presents a serious threat to the public health, safety,
and welfare and make all reasonable repairs.
dX, 3
2/2/2023
Agenda Item Zz.A.s - 56o Stoney Brook Farm Court
® Residential Swimming Pool Safety Act (codified in the FL
Residential Building Code) requires pool safety measures for
pools built after October 1, 2000.
® Safety measures can include items such as pool enclosures, pool
covers, doors that are self-closing with a self -latching device,
and exit alarms.
The subject pool is currently not properly secured and is partially
full of water/ algae (i.e. unmaintained).
Agenda Item 12.A.1- 56o Stoney Brook Farm Court
ALTERNATIVES
1. Take no action. This alternative would result in daily fines
continuing to accrue while foreclosure proceedings move forward
via outside counsel. This alternative, however, would not resolve
the immediate hazards of the unmaintained and unsecured pool.
2. Direct staff to seek a court order to enter onto the subject
property and resolve the swimming pool's safety and
maintenance issues by:
➢ Filling-in the pool and erecting a 4 -foot high fence around
the pool.
4
Agenda Item 1z.A.1- 56o Stoney Brook Farm Court
UNDING FOR ALTER
• Funding for the expenditure (approximately $12,000) will be
made available in the MSTU/Road & Bridge/Other Contractual
Services Account# 00421441-033490 through a budget
amendment from the MSTU/Reserve for Contingency.
• Current outstanding Code Enforcement fines= $12o,670.
• $1201670 + foreclosure cover the costs for resolving safety and
maintenance issues.
Agenda Item 12.A.1- 56o Stoney Brook Farm Court
Staff recommends Alternative 2:
Direct staff to seek a court order to allow staff access to the
subject property to secure the pool, authorizing the County's
employees, servants, agents, or contractors to enter upon the
Suncor Vero Beach, LLC property located at 56o Stoney Brook
Farm Court at all reasonable times, fill-in the pool, and erect a
4 -foot high fence around the pool.
2/2/2023
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INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Indian River County Board of County Commissioners
VIA: Jason E. Brown, County Administrator
FROM: Dan Russell, Information Technology Director
SUBJECT: Website Publication of Legal Notices
DATE: November 22, 2022
1:yAll201:Z0111P113
In October of 2022 the County Attorney provided the Board with an overview of the recently enacted
HB 7049 legislation, which made changes to the legal notices and official advertisements provision
of the Florida Statutes. At the time, the Board directed staff to gather information on potential
processes for the implementation of the publication of legal notices to the Indian River County Board
of County Commissioner's website and to bring the information to a future meeting for the Board's
consideration.
ANALYSIS
The Information Technology staff has reviewed the provisions of HB 7049 and potential
implementation strategies. Those implementation details are discussed later in this report for the
Board's consideration. Prior to reviewing that information staff feels that it is important that the Board
be aware of a provision of this new legislation that has the potential to dramatically increase the cost
of publishing legal notices if the Board opts to publish these notices exclusively via the County's
website.
Per section 50.0311(6), Florida Statutes, a governmental agency that uses a publicly accessible
website to publish legally required advertisements and public notices shall provide notice at least
once per year in a newspaper of general circulation or another publication that is mailed or delivered
to all residents and property owners throughout the government's jurisdiction, indicating that property
owners and residents may receive legally required advertisements and public notices from the
governmental agency by first class mail or e-mail upon registering their name and address or e-mail
address with the governmental agency. The governmental agency shall maintain a registry of
names, addresses, and e-mail addresses of property owners and residents who have requested in
writing that they receive legally required advertisements and public notices from the governmental
agency by first-class mail or e-mail. This provision of the legislation provides residents with the option
of requesting that legal notices be mailed to them directly rather than consuming that information via
the County's website.
Staff has analyzed the cost of advertising legal notices in the newspaper versus the cost of mailing
those same notices using data collected from the Community Development Department and
Purchasing Division for the last fiscal year. These two groups are responsible for the majority of the
legal notices that are published by the County. According to the data reviewed, the average legal
notice advertisement was approximately 1 page of copy. The total cost for the legal notices published
by both groups during the last fiscal year was $7,647.15, with an average cost of $173.80 per legal
notice ad. Comparatively, the cost to mail a one-page legal notice is $1.83. Which is an aggregate
of the following individual expenses:
• Metered Mail Rate $ 0.57
• Paper $ 0.01
• Toner $ 0.08
• Envelope $ 0.04
• Mailing Label $ 0.01
• Staff time $ 1.12
According to the most recent Census data, the population of Indian River County is 163,662 people.
If 1 % of the population (1637 people) opted to receive legal notices by mail, then the County's cost
for mailing each notice would escalate to $2,982.03 compared the current cost of $173.80 for
advertising that same notice via the newspaper. While it is difficult to project how many residents
might choose to utilize this option, a rate significantly lower than the 1 % used above would result in
a cost that is as much as or more than the current cost to publish ads in the newspaper.
If the Board would like to pursue using the County's website for the publication of legal notices, then
staff would recommend the following implementation guidelines and fees:
Legal Copy Deadlines:
All copy must be received via e-mail prior to publication according to the following deadlines. Staff
will issue a confirmation of receipt to the requestor within 24 hours of receiving the request.
PUBLICATION DAY
DEADLINE
TIME
Friday
Prior Monday
10:00 AM
Saturday
Prior Tuesday
10:00 AM
Sunday
Prior Tuesday
10:00 AM
Monday
Prior Wednesday
10:00 AM
Tuesday
Prior Wednesday
10:00 AM
Wednesday
Prior Thursday
10:00 AM
Thursday
Prior Friday
10:00 AM
For Copy Changes and/or Corrections:
Upon completion of a legal ad, the requestor will be sent a copy via e-mail within three business
days prior to publication of the ad. No changes will be made after the below deadlines.
PUBLICATION DAY
DEADLINE
TIME
Friday
Prior Wednesday
10:00 AM
Saturday
Prior Thursday
10:00 AM
Sunday
Prior Thursday
10:00 AM
Monday
Prior Friday
10:00 AM
Tuesday
Prior Friday
10:00 AM
Wednesday
Prior Monday
10:00 AM
Thursday
Prior Tuesday
10:00 AM
Fees:
Staff recommends that the fee for publishing legal notices be $35.00 per page. This fee is based
on the staff time required for the County's Digital Media Technical to complete the actions required
to post a one-page legal notice to the County's website. Staff further recommends that each
227
Department be responsible for preparing their own legal notice mail and the cost associated with
mailing those items.
FUNDING
There is no funding required to implement this new process.
RECOMMENDATION
Staff recommends the Board continue to follow the established process of advertising legal notices
via a local newspaper and continue posting those notices to the County's website. Staff does not
recommend implementing a process to advertise legal notices exclusively via the County's website
as this has the potential to drastically increase the costs of these advertisements given the provision
in the new legislation that allows for residents to request that each notice be mailed to them
individually.
DISTRIBUTION
Dylan Reingold — County Attorney
228
IaFI
CONSENT AGENDA
Indian River County
Interoffice Memorandum
Office of Management and Budget
To: Members of the Board of County Commissioners
Date: November 9, 2022
From: Kristin Daniels
Director, Office of Management & Budget
Subject: Local Assistance and Tribal Consistency Fund (LATCF)
Description and Conditions
As part of the American Rescue Plan, $2 billion was appropriated to the Treasury in order to provide
payments to eligible revenue sharing counties and Tribal governments for use on any governmental
services with the exception of lobbying activities. These funds are intended to be used as a general
revenue enhancement program, to stabilize revenues in the receiving entities. Although there is no pre -
approval process or expiration date for use of these funds, periodic reports to the Treasury are required.
Indian River County's LATCF allocation is $100,000. The first payment of $50,000 was received on
October 31, 2022. The exact release date of the second $50,000 payment has not been published,
however the Treasury has indicated these funds will be paid sometime in 2023.
Analysis
Due to the increased need for staffing in the Environmental Planning and Code Enforcement Division,
Staff is proposing the LATCF funding be allocated towards a new full-time Planner I position. The
position's primary responsibilities include:
- All environmental, boat dock, waterway, and other environmental permits and inspections
- All manatee and endangered species plan, tree preservation plan, wetlands, conservations, and
other environmental plans and ordinances
- Code Enforcement environmental actions (such as protected species removal)
- Tree and Landscape Inspections for all new development
- Special Projects Coordination with respect to Environmental and Lagoon projects, in conjunction
with other Sections and Departments, such as Liveaboard Ordinances, Discharge Zones, and
Beach and Shore issues
- Seal Level Rise, Sustainability, and Vulnerability plans
- Miscellaneous Development Review
Staff anticipates the addition of this position will assist in the reduction of development review delays as
well as deferral of projects. With upcoming cyclical statutory deadlines such as the decennial Evaluation
Appraisal Report and Comprehensive Plan updates, the demands of this position are unprecedented.
Further, the position will serve as a backup in the event of the unavailability of the Senior Environmental
Planner and will free up the Senior Planner to serve in the role of sustainability contact for state -level
coordination.
229
Page 2of2
November 9, 2022
Funding
The annual cost, including benefits, of the proposed Planner I position is $88,096. Staff proposes the
LATCF funding be deposited into the MSTU Fund in order to cover the first $100,000 in Planner I costs
incurred. Once the LATCF funding has been exhausted, the ongoing salary and benefit expenses will be
borne by the MSTU Fund, and accounted for in the budget each fiscal year.
Recommendation
Staff recommends that the Board of County Commissioners approve allocating the $100,000 in LATCF
funding towards the addition of a Planner I in the Environmental Planning and Code Enforcement
Division. After the LATCF funding is exhausted, the MSTU Fund will fund the ongoing cost of the
additional position.
Attachment
U.S. Department of the Treasury Local Assistance and Tribal Consistency Fund Recipient Agreement —
Indian River County
230
DocuSign Envelope ID: AC04lCl6-A000-456C-BOAE-OAC8C8BA8AA4
OMB Approved No. 1505-0276
Expiration Date: March 31, 2023
U.S. DEPARTMENT OF THE TREASURY
LOCAL ASSISTANCE AND TRIBAL CONSISTENCY FUND
Recipient name and address:
Indian River County
1801 27th st
Vero Beach, Florida 32960
UEI Number: FB3SLJJZ38K9
Taxpayer Identification Number: 596000674
Amount of Federal Funds Obligated
Assistance Listing Number: 21.032
(Total of Fiscal Year 2022 and Fiscal
Assistance Listing Title: Local Assistance and Tribal
Year 2023 Tranches):
Consistency Fund
$ 100000.00
Total Amount of Federal Funds
Obligated:
$ 100000.00
The Federal Award Date is the date of
the Recipient's signature below,
provided that all other conditions of the
award have been met.
Section 605(b) of the Social Security Act (the Act), as added by section 9901 of the American
Rescue Plan Act, Pub. L. No. 117-2 (March 11, 202 1) authorizes the Department of the Treasury
(Treasury) to make payments to certain recipients from the Local Assistance and Tribal
Consistency Fund.
Recipient hereby agrees, as a condition to receiving such payment(s) from Treasury, to the terms
and conditions attached hereto.
Recipient: Indian River County
—,'D�ocu3igned by:
1y
LSII it& VaAA tS
Authorized Representative: Kristin Daniels
Title: Budget Director
Date signed: l0/18/2022
231
DocuSign Envelope ID: AC04lCl6-A000-456C-BOAE-OAC8C8BA8AA4
OMB Approved No. 1505-0276
Expiration Date: March 31, 2023
U.S. DEPARTMENT OF THE TREASURY
LOCAL ASSISTANCE AND TRIBAL CONSISTENCY FUND
AWARD TERMS AND CONDITIONS FOR ELIGIBLE REVENUE SHARING COUNTY
GOVERNMENTS
1. Payment of Funds.
a. Recipient understands that the Department of the Treasury (Treasury) will disburse funds
under this award (the award funds) in two tranches, subject to any remedial actions taken
pursuant to section 7 or any offsets imposed to satisfy any debt owed pursuant to section 9
of these award terms and conditions.
b. In addition to the limitations provided in paragraph (a), payments under this award will
be subject to the availability of funding, and, should the provisions of section 605 of the
Social Security Act (42 U.S.C. § 805) addressing allocations or recipient eligibility be
amended or the amount of the appropriation for implementation of such section be
reduced, Treasury may reallocate the amount of the appropriation that remains available
and adjust Recipient's total award amount accordingly. In the event Recipient's total
award amount is reduced, the amount of a second tranche payment may be reduced to
account for the receipt of amounts disbursed in the first tranche.
c. If eligible revenue sharing county governments other than Recipient decline or do not claim
the amounts allocated to them by Treasury from the Local Assistance and Tribal
Consistency Fund, Treasury may supplement this award with an additional allocation to
Recipient. The amount of this additional allocation will be determined by Treasury in its
discretion as provided in section 605 of the Act and will be subject to the limitations
provided in paragraphs a and b.
d. Any change in an allocation will be deemed an amendment to this award to increase or
decrease the total award amount, as applicable, unless, in the case of an increased allocation,
Recipient declines the increased total award amount.
2. Use of Funds.
a. The award funds may be used to cover any cost incurred on or after March 15, 2021, for
any governmental purpose other than a lobbying activity, as provided in paragraph b.
b. Recipients may not use the award funds directly or indirectly to pay for any personal service,
advertisement, telegram, telephone, letter, printed or written matter, or other device,
intended or designed to influence in any manner a Member of Congress, a jurisdiction, or
an official of any government, to favor, adopt, or oppose, by vote or otherwise, any
legislation, law, ratification, policy, or appropriation, whether before or after the
introduction of any bill, measure, or resolution proposing such legislation, law, ratification,
232
DocuSign Envelope ID: AC041C16-A000-456C-BOAE-OAC8C8BA8AA4
policy, or appropriation.
c. Recipient must expend and account for the funds in accordance with the financial
management, procurement, and conflicts of interest standards, laws, policies, and
procedures applicable to Recipient's expenditure of and accounting for its own funds.
3. Reporting. Recipient agrees to submit an annual project and expenditure report to Treasury for
this award in the form provided by Treasury. Recipient acknowledges total award and
expenditure amounts may be publicly disclosed.
4. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.
5. Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 605 of the Act and guidance
issued by Treasury regarding the Local Assistance and Tribal Consistency Fund program.
Recipient acknowledges that the funds constitute federal financial assistance and are subject
to federal law applicable to federal financial assistance. Recipient also agrees to comply
with all other applicable federal statutes, regulations, and executive orders in the course of
its use of the award funds.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's
implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the
basis of race, color, or national origin under programs or activities receiving federal
financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601
et seq.), which prohibits discrimination in housing on the basis of race, color, religion,
national origin, sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of disability under any program or activity
receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal financial
assistance;
V. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§
12101 et seq.), which prohibits discrimination on the basis of disability under
programs, activities, and services provided or made available by state and local
governments or instrumentalities or agencies thereto;
2
233
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vi. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 C.F.R. §§ 200.100-110, 203, and 303, and Subpart F (Audit
Requirements).
vii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25,
Subparts A, B, and D, pursuant to which the award term set forth in Appendix A to 2
C.F.R. Part 25 is hereby incorporated by reference.
viii. The provisions of Reporting Subaward and Executive Compensation Information, 2
C.F.R. Part 170 applicable to executive compensation but not to subawards, pursuant
to which the subsections of the award term set forth in Appendix A to 2 C.F.R. Part
170 applicable to executive compensation are hereby incorporated by reference.
ix. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts described
in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and
Treasury's implementing regulation at 31 C.F.R. Part 19.
X. Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20.
xi. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
U.S.C. §§ 4601-4655) and implementing regulations.
xii. Generally applicable federal environmental laws and regulations.
6. Maintenance of and Access to Records.
a. Recipient will maintain records and financial documents sufficient to evidence compliance
with section 605 of the Act, this award agreement, and implementing guidance issued by
Treasury for a period of five (5) years after all funds have been expended or returned to
Treasury.
b. Recipient acknowledges that Treasury, including the Treasury Office of Inspector General,
and the Government Accountability Office or their authorized representatives will have the
right of access to records of Recipient in order to conduct audits or other investigations.
7. Remedial Actions. In the event of Recipient's noncompliance with section 605 of the Act, these
terms and conditions, other applicable laws, guidance, or any reporting or other program
requirements, Treasury may take any of the following remedies:
a. Impose additional conditions on the receipt of the second tranche of the award;
b. Temporarily withhold the second tranche of the award in whole or in part;
234
DocuSign Envelope ID: AC041C16-A000-456C-BOAE-OAC8C8BA8AA4
c. Require recoupment of payments under this award;
d. Terminate the Federal award;
e. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. part 180 and
Treasury regulations; and
f. Take other remedies that may be legally available.
8. False Statements. Recipient understands that making false statements or claims in connection
with this award is a violation of federal law and may result in criminal, civil, or administrative
sanctions, including fines, imprisonment, civil damages and penalties, debarment from
participating in federal awards or contracts, and/or any other remedy available by law.
9. Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally
determined to be authorized to retain under the terms of this award; or (2) that are
determined by Treasury to be subject to a repayment obligation and have not been repaid
by Recipient shall constitute a debt to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by
Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury's
initial written demand for payment, unless other satisfactory arrangements have been made
or if the Recipient knowingly or improperly retains funds that are a debt as defined in
paragraph (a). Treasury will take any actions available to it to collect such a debt.
10. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient or
third persons for the actions of Recipient or third persons resulting in death, bodily injury,
property damages, or any other losses resulting in any way from the performance of this
award or any other losses resulting in any way from the performance of this award or any
contract, or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way establish an agency
relationship between the United States and Recipient.
11. Amendments.
a. The terms of this award may be amended with the written approval of Recipient and
Treasury.
b. In addition, Treasury reserves the right to amend the terms of this award if required by
U.S. law or regulation without the consent of Recipient.
4
235
DocuSign Envelope ID: AC04lCl6-A000-456C-BOAE-OAC8C8BA8AA4
c. Notwithstanding the above, Treasury may, upon reasonable notice to Recipient,
unilaterally amend this agreement for the sole purpose of making ministerial or
administrative changes or correcting scrivener's errors.
PAPERWORK REDUCTION ACT NOTICE
The estimated burden associated with the collection of information provided for in section 6 of
the terms and conditions is 15 minutes per response. Comments concerning the accuracy of this
burden estimate and suggestions for reducing this burden should be directed to the Office of
Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W.,
Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of information unless it displays
a valid control number assigned by OMB.
236
lana
DEPARTMENTAL MATTERS
Indian River County
Interoffice Memorandum
Office of Management and Budget
To: Members of the Board of County Commissioners
Date: November 30, 2022
From: Kristin Daniels
Director, Office of Management & Budget
Subject: American Rescue Plan Act — Spending Plan Revisions
Description and Conditions
On March 11, 2021, President Biden signed the $1.9 trillion American Rescue Plan Act of 2021. The
American Rescue Plan (ARP) as it is normally referred to, is a COVID-19 stimulus package that was
intended to speed up the United States' recovery from the negative health and economic impacts of
COVID-19. Indian River County received $31,063,168 in ARP funding. The County has until December
31, 2024 to encumber the funds, and until December 31, 2026 to fully exhaust all funding.
Analysis
The following table illustrates the proposed spending revisions per category.
Spending Plan
Expense Category
Current Budget
Proposed
Revisions
Revised Budget
Respond to the Public
$8,915,750
($2,506,413)
$6,409,337
Health Emergency
Workers Performing
$1,772,006
$0
$1,772,006
Essential Work
Reduction in Revenues
$3,414,034
$2,506,413
$5,920,447
Water/Sewer or
$11,500,000
$0
$11,500,000
Broadband Infrastructure
Constitutional Officer
$5,461,378
$0
$5,461,378
Expenses
Total
$31,063,168
$0
$31,063,168
Respond to the Public Health Emergency
Staff is proposing a reduction of $2,506,413 in funding from this category, bringing the revised total to
$6,409,337.
In an effort to address the negative economic impacts COVID-19 has had on the lower-income
population, as well as the Tourism Industry, the Board partnered with Indian River State College (IRSC)
regarding purchasing the Fellsmere Inn property to use as a satellite campus. On June 7th 2022, Casey
Lunceford, IRSC Campus President — Mueller Campus informed the Board that the project was no longer
237
Page 2 of 2
November 9, 2022
viable and that the college would not be moving forward with the purchase of the Fellsmere Inn. Staff is
recommending the remaining $1,472,600 allocation be removed from this project.
The Small Business Development Grant Program was originally awarded $1,000,000 in ARP funding. On
December 31, 2021 the application period ended, leaving a balance of $753,813 in the program.
Similarly, the Board approved a $500,000 allocation for the Non -Profit Assistance Program. The
application period for the Non -Profit Assistance also sunset on December 31, 2021, leaving a remaining
balance of $130,000 in the program. Staff recommends the remaining funding which totals $883,813 for
the two programs be removed from these projects.
The original ARP spending plan had allocated $150,000 for the enhanced cleaning of buildings. Since
the County had sufficient funding budgeted in the Coronavirus Aid, Relief, and Economic Security
(CARES) Act to fund the building cleanings, ARP dollars were not expended. Staff recommends the
$150,000 allocation be removed from this project.
Reduction in Revenues (Road Resurfacing)
On January 6, 2022 the Treasury issued updated ARP guidance that increased the County's reduction in
revenue allocation to a maximum of $10,000,000. Per the Treasury's guidance, revenue losses must be
spent on government services. Government services can include, but are not limited to, maintenance of
infrastructure or pay -go spending for building new infrastructure, including roads; modernization of
cybersecurity, including hardware, software and protection of critical infrastructure; health services;
environmental remediation; school or educational services; and the provision of police, fire and other
public safety services.
Previously, on August 17, 2021, the Board approved $3,414,034 be allocated for road resurfacing and
restriping from the Reduction in Revenues category in order to supplement the long-term reduction in
Gas Tax revenue the County receives. Currently, the County uses several forms of revenue to maintain,
improve and construct roadways. Optional Sales Tax and Traffic Impact Fees are used for the capital
improvements to roadways such as widening and adding turning lanes. These revenues cannot be used
for general maintenance of roads, such as repaving and restriping, and thus Gas Tax revenues are used
to fund these expenses. Unfortunately, Gas Tax revenues have steadily decreased over the past few
years, and are projected to continue decreasing as vehicles become more fuel efficient and electric
vehicle purchases increase. Resurfacing of the County's roadways has been limited due to the reduction
of revenue. Additionally, materials for roadways are increasing at a record pace. The use of ARP monies
to fund resurfacing has benefitted the Gas Tax fund and provided the County the opportunity to fund
additional projects, while accumulating the traditional Gas Tax revenues. This ultimately prolongs the
unavoidable move to begin funding roadway maintenance with Transportation Fund dollars, which are
largely funded by transfers from the General and M.S.T.U. ad valorem taxing funds.
Staff is proposing the $2,506,413 in unspent funding within the Responding to the Public Health
Emergency category, as detailed above, be reallocated to the Reduction in Revenues category to fund
additional road resurfacing projects. These additional dollars will bring the total Reduction in Revenues
allocation to $5,920,447 which is still below the maximum allowable amount of $10,000,000.
Recommendation
Staff recommends that the Board consider the proposed spending plan revisions (see attachment) as
further detailed above totaling $2,506,413, consider any changes, and approve the attached plan, with
any amendments as needed.
Attachment
ARP Proposed Spending Plan 238
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Dylan Reingold, County Attorney
William K DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
/3A
County Attorney's Matters - B. CC 12.6.22
Oce of
INDIAN RIVER COUNTY
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: November 14, 2022
SUBJECT: Off Leash Beach Dog Park Update
BACKGROUND.
ATTORNEY
On October 4, 2022, Commissioner O'Bryan brought an agenda item requesting a discussion by the Indian
River County Board of County Commissioners ("Board") on the idea of converting either Sea Turtle Trail or
Seagrape Trail beach park into an off leash dog park. Both of these parks as noted by Commissioner O'Bryan
are located within the Town of Indian River Shores. At the meeting, the Board voted 4-1 to direct staff to
study the issue further and coordinate with the Town of Indian River Shores.
Since that Board meeting, County staff had an opportunity to meet with the Town Manager for the Town of
Indian River Shores. The Town Manager expressed concerns with enforcement and having times for dogs
being off leash within a County park that were inconsistent with the Town off leash hours of sunrise to 9 am
and 5 pm to sunset.
At the Board meeting, Commissioner O'Bryan also mentioned the possibility of using Ambersands Beach
Access as another location. If the Board wishes to use this park, section 302.05 of the Indian River County
Ordinance Code will need to be amended to allow for dogs without a restraint on the beach within designated
County parks.
The County Attorney's Office wanted to provide an update to the Board on communications with the Town
of Indian River Shores and seeks guidance from the Board on how the Board would like to proceed.
RECOMMENDATION.
The County Attorney's Office recommends that the Board provide guidance on how to move forward on
allowing dogs off leash at a County beach park.
C: IGmni=VLegistar5M1remplaM Jct-ed44-4171-96d6cd11e77d90f1.d= 240
North Beach Civic Association
William B. [fuck] Ferrell
10890 Highway A1A, Vero Beach, FI. 32963
321-543-0928 Cell
772-589-1552
tcferrell(a gmail.com
Dear Commissioners,
We ask:
No official vote on park or dogs on county park beaches.
North Beach Civic Association and local realtors had been receiving many distressed calls from residents.
We already have dog problems from unleashed dogs on the beach. They defend their perceived territory
which is unlimited by a
fence. We have been threatened twice on our beach near Treasure Shores Park in the last year.
As well, the beach from the south end of Windsor/Treasure Shores is part of the biggest sea turtle
nesting area in this hemisphere,
and is part of the Archie Carr National Wildlife Refuge, No dogs are allowed year round
As well, the liability for dog bites would be the country's problem.
Respectfully,
William B Ferrell
President. North beach civic Association
Z'11/ /C0 -/
Dylan Reingold, County Attorney
William K DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
/38
County,4ttorney's Matters - B.C.C. 12.6.22
Oce of
INDIAN RIVER COUNTY
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: November 23, 2022
SUBJECT: Government in the Sunshine Law Update
BACKGROUND.
ATTORNEY
The County Attorney's Office would like to make a presentation to the Indian River County Board of County
Commissioners concerning the Sunshine Law and Public Records Law.
C.-Wmrtia lLegisw,51L51Temp11ee8;Sc4-Z 35 :Oe'-87e2-"4j3o4oa3.dou 241
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
/3�-
Attorney's Matters - B.C.C. 12.06.2022
Off
ce of
INDIAN RIVER COUNTY
ATTORNEY
MEMORANDUM
TO: Board of County Commissioners
FROM: Susan J. Prado, Assistant County Attorney
DATE: November 29, 2022
SUBJECT: Resolution for Adoption of Administrative Fee for Extensions/Modifications to Contracts
for Required Roadway Improvements Under Section 312.11 Section 312.11 (Performance
Security) of the Indian River Code of Ordinances
BACKGROUND.
Pursuant to Section 312.11 (Performance Security) of Chapter 312 (Rights -of -Way) of the Indian River
Code of Ordinances (the "Code"), Indian River County requires security to be posted for any work done in
the County right-of-way. The security that is provided to the County for the work in the right-of-way is
accompanied by a contract that is good for a time period of 12 months. Pursuant to Resolution 2019-89
the County Administrator or his/her designee was delegated authority to execute extensions to the
standard Contracts for Construction of Required Roadway Improvements. What was not outlined at that
time was the administrative fee for the extension request. A similar process for developer extension
requests for the Contract for Construction of Required Subdivision Improvements exists and Resolution
2005-041 lays out administrative fees for these extension requests. In the interest of consistency across all
processes staff is asking that the same administrative fee amount of $660 for contract extensions and/or
modifications for required subdivision improvements be applied to contract extensions and/or
modifications for required roadway improvements.
FUNDING.
Fees collected will be deposited into the following accounts:
001032-329030 General Fund/Permit Fee/Developer Ext-Modif Fee $330.00
004032-329030 MSTU Fund/Permit Fee/Developer Ext-Modif Fee $198.00
471032-329030 Utilities/Permit Fee/Developer Ext-Modif Fees $132.00
242
RECOMMENDATION.
County staff recommends that the Board approve the draft Resolution setting the administrative fee in the
amount of $660 for contract extensions/modification for required roadway improvements.
ATTACHMENT.
Draft Resolution, Resolution 2005-041, and Resolution 2019-089
CIG
243
RESOLUTION NO. 2022-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, SETTING ADMINISTRATION FEES FOR
EXTENSIONS OF REQUIRED IMPROVEMENTS AND
ACCOMPANYING CASH DEPOSIT ESCROW
AGREEMENTS, IF APPLICABLE.
WHEREAS, on October 1, 2019, the Indian River County Board of County
Commissioners adopted Resolution 2019-089, which granted the County Administrator or
designee the authority to execute extensions to the standard Contracts for Construction of Required
Roadway Improvements so long as the approval signature of the Public Works Director or
designee appeared on the document; and
WHEREAS, under Resolution 2019-089, when cash is posted, the County Administrator
or designee was granted the authority to execute extensions to the standard Cash Deposit and
Escrow Agreement so long as that document bears the approval signatures of the County Attorney
or designee and the Budget Director or designee; and
WHEREAS, there was not an administrative fee adopted for these extensions at the time
of approval of the resolution; and
WHEREAS, Resolution 2005-041 sets forth a $660.00 administrative fee for Extension or
Modification (Reduction) Requests, other than sidewalks, on required subdivision improvements
by developers; and
WHEREAS, it is desired to establish a fee for extensions that are uniform, and yet are still
below the cost of staff time to process such extensions,
NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS THAT THE FOLLOWING
ADMINISTRATIVE FEES SHALL BE IMPOSED TO DEVELOPERS FOR THE
FOLLOWING REQUESTS:
Extension Requests for Required Roadway Improvements $660.00
The foregoing resolution was moved for adoption by Commissioner ,
and seconded by Commissioner , and, upon being put to a vote, the vote was as
follows:
Chairman Joseph H. Earman
Vice -Chairman Susan Adams
Commissioner Joseph E. Flescher
Commissioner Deryl Loar
Commissioner Laura Moss
244
RESOLUTION NO. 2022 -
The Chairman thereupon declared the resolution duly passed and adopted this day
of December, 2022.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller By:
Deputy Clerk
Approved as to form and legal sufficiency:
ME
Dylan Reingold
County Attorney
Joseph H. Earman, Chairman
245
4
RESOLUTION NO. 2005- 041
A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, SETTING
ADMINISTRATION FEES FOR
PROCESSING DEVELOPER EXTENSION
REQUESTS AND MODIFICATION
REQUESTS RELATING TO SUBDIVISION
IMPROVEMENTS.
WHEREAS, under current County Code, developers are allowed to post
security to guarantee completion of required subdivision improvements at the
time the final plat is presented to the Board of County Commissioners for
approval; and
WHEREAS, at the time of final plat approval, the Developer is required to
enter into a contract for construction of required improvements setting forth the
completion date and remaining improvements to be completed; and
WHEREAS, oftentimes the developer underestimates the completion date
due to weather constraints, scheduling difficulties, material shortages, etc.; and
WHEREAS, to avoid the posted security from being called, the developer
will ask for an extension of time to complete the required improvements and
extend their security expiration date if other than cash has been posted; and
WHEREAS, in order to accommodate the Developer's request for an
extension of time to complete the required improvements, various County
departments expend a good deal of time from the onset of a request, to
inspection, follow-up paperwork, telephone calls, preparation and/or review of the
eventual agenda item;
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners of Indian River County, Florida, that the following administrative
fees shall be imposed to developers for the following requests:
Sidewalk Extension Requests $445.00
Sidewalk Modification (Reduction) Requests $485.00
a n.,
246
RESOLUTION NO. 2005- 041
Extension Requests
(other than for sidewalks) $660.00
Modification (Reduction) Requests
(other than for sidewalks) $660.00
The resolution was moved for adoption by Commissioner Wheeler
and the motion was seconded by Commissioner Davis , and, upon being
put to a vote, the vote was as follows:
Thomas S. Lowther, Chairman Aye
Arthur R. Neuberger, Vice Chairman Aye
Wesley S. Davis Aye
Gary C. Wheeler Aye
Sandra L. Bowden Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 25th day of March , 2005.
BOARD OF COUNTY COMMISSIONERS
INN RIVER COUNTY, FLORIDA
By S. L, -4-L
Thomas S. Lowther, Chairman
ATTEST:` Jeffrey K. Barton, Clerk
By:
Deputy Clerk (�
Approved as to form
and legal sufficiency:
By:
William G. Collins II
County Attorney
7
FA\Attomey\Nancy\DOCS\RES\RESO imposing admin fee for ext of time.doc
- 247
ATRUE COPY
RESOLUTION NO. 2019- 089 CERTIFICATION ON LASTPAGE
J.R. SMITH, CLERK
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, DELEGATING TO THE COUNTY
ADMINISTRATOR OR DESIGNEE THE AUTHORITY TO
EXECUTE STANDARD EXTENSIONS FOR BOTH
CONTRACTS FOR CONSTRUCTION OF REQUIRED
IMPROVEMENTS AND ACCOMPANYING CASH
DEPOSIT AND ESCROW AGREEMENTS, IF APPLICABLE,
UNDER SECTION 312.11 OF THE CODE OF INDIAN RIVER
COUNTY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 10, 2009, the Indian River County Board of County
Commissioners adopted Resolution 2009-008, which granted the County Administrator or
designee the authority to execute standard Contracts for Construction of Required Roadway
Improvements so long as the approval signature of the Public Works Director or designee appeared
on the document; and
WHEREAS, under Resolution 2009-008, when cash is posted, the County Administrator
or designee was granted the authority to execute the standard Cash Deposit and Escrow Agreement
so long as that document bears the approval signatures of the County Attorney or designee and the
Budget Director or designee; and
WHEREAS, there are times when the applicant working in the right-of-way is unable to
complete the right-of-way improvements within the timeframe set forth in the Contract for
Construction of Required Roadway Improvements; and
WHEREAS, it is in the best interests of Indian River County and the public to be able to
extend such Contracts for Construction of Required Roadway Improvements in an expeditious
manner; and
WHEREAS, such extensions are administrative in nature and do not require the attention
of the Indian River County Board of County Commissioners; and
WHEREAS, section 101.05.1.q, of the Code of Indian River County allows the Indian
River County Board of County Commissioners to authorize the County Administrator, or designee,
to perform other duties on behalf of the Board,
NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS THAT:
Section 1. The above "WHEREAS" clauses are true and correct, and hereby adopted as
findings of this Board.
Section 2. The County Administrator or designee is hereby delegated authority to execute
extensions to standard Contracts for Construction of Required Roadway Improvements so long as
the approval signature of the Public Works Director or designee appears on the document.
0 kc U M tJ r , 1? L
�; ,� 248
RESOLUTION NO. 2019- 089
Additionally, when cash is posted, the County Administrator or designee is hereby delegated
authority to execute extensions to the standard Cash Deposit and Escrow Agreement so long as
the document bears approval signatures of the County Attorney or designee and the Budget
Director or designee. Notice of extensions shall be presented on a future agenda of the Board of
County Commissioners.
Section 3. This resolution shall take effect immediately upon adoption.
The foregoing resolution was moved for adoption by Commissioner Flescher ,
and seconded by Commissioner zorc , and, upon being put to a vote, the vote was as
follows:
Chairman Bob Solari AYE
Vice -Chairman Susan Adams AYE
Commissioner Joseph E. Flescher AYE
Commissioner Tim Zorc AYE
Commissioner Peter D. O'Bryan AYE
The Chairman thereupon declared the resolution duly passed and adopted this • <. Ist day
of October, 2019.
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller
Approved as to form and legal sufficiency:
By:
Dylan Reingold
County Attorney
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By: lJ ......�.
Bob Solari, Chairman
Z
.209 � •
OF FLORIDA
1NDIAN COUNTY
I TH!S IE TO CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF
THE ORIGINAL ON FILE IN THIS
OFFICE.
JEF-REY A, SWTI. LERK
o.c.
uATE ... -� / �•Z01 u - -
249
Dylan Reingold, County Attorney
William K DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
/3L)
County Attorney's Matters - B. C.C. 12.6.22
O JCe of
INDIAN RIVER COUNTY
ATTORNEY
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Dylan Reingold, County Attorney
DATE:
November 30, 2022
SUBJECT:
Designated Receiving System Transportation Plan
BACKGROUND.
Pursuant to Senate Bill 12 (2016), each county, in collaboration with the managing entity, was required to
develop and implement a transportation plan by July 1, 2017. The transportation plan describes the
methods of transport to a facility within the designated receiving system for individuals subject to
involuntary examinations or involuntary admissions under Florida Statutes. The Southeast Region of the
Department of Children and Families Substance Abuse and Mental Health Program Office, and Southeast
Florida Behavioral Health Network, the managing entity, in conjunction with Indian River County are
responsible for providing oversight to the transportation plan.
On June 6, 2017, the Indian River County Board of County Commissioners approved the Indian River
County Transportation Plan (the "2017 Transportation Plan"). Under the 2017 Transportation Plan, the
Indian River County Sheriff's Office is the law enforcement agency designated to take a person into
custody upon the entry of an ex parte order or the execution of a certificate for involuntary examination by
an authorized professional and to transport that person to the appropriate facility within the designated
receiving system. Under the 2017 Transportation Plan, depending on the circumstances, an individual
will be transported to either the Indian River Medical Center's Behavioral Health Center or New Horizons
of the Treasure Coast and Okeechobee in Ft. Pierce. Law Enforcement may take into consideration
individual choice when making a determination of which Baker Act receiving facility to transport the
individual.
On November 18, 2022, the Indian River County Public Safety Coordinating Council for Criminal Justice,
Mental Health, and Substance Abuse ("Council") had a discussion about a 2022 version of the Indian
River County Transportation Plan consistent with recent updates to Florida Statutes. After the discussion,
the Council approved the updated 2022 Indian River County Transportation Plan, which reflected the
same transport provisions as the 2017 Transportation Plan, non -substantive changes and updated data.
C:IGr icw{Legiot AL317'mWia2bdJld9-c316466a-ba94-7841f4,ft4ada 250
Board of County Commissioners
November 30, 2022
Page Two
FUNDING.
The costs associated with the Transportation Plan are already incorporated into the Indian River County
Sheriff's Office budget.
RECOMMENDATION.
The County Attorney's Office recommends that the Chair allow for public comment on this matter and
then have the Board vote to approve the 2022 Indian River County Transportation Plan.
ATTACHMENT(S).
2017 Indian River County Transportation Plan
Proposed 2022 Indian River County Transportation Plan.
C,IGrani—U.e Aarn3ITemp WM31d9,316466a-M9a-7842f4gft4adx 251
INDIAN RIVER COUNTY TRANSPORTATION PLAN
F -WI 7
252
INDIAN RIVER COUNTY TRANSPORTATION PLAN
Introduction
Purpose
System Capacity
Medical Treatment
Page
253
Indian River County Transportation Plan
Introductinn
In accordance with Florida Statutes Chapter 394, Part 1, Florida Mental Health Act or the "Baker
Act", Florida Statutes Chapter 397, Hal S. Marchman Alcohol and Other Drug Services Act, and
Senate Bill 12, a plan has been developed to organize a centralized system for acute care
services. This plan has been developed by the managing entity and reviewed by the Indian
River County Public Safety Coordinating Council. This document will serve as the transportation
plan for Indian River County.
The intent of this plan is to establish:
1. An arrangement centralizing and improving the provision of services within the county,
which may include an exception to the requirement for transportation to the nearest
receiving facility.
2. An arrangement by which a facility may provide, in addition to require psychiatric and
addiction services, an environment and services which are uniquely tailored to the needs
of an identified group of persons with special needs, such as persons with hearing
impairments or visual impairments, or elderly persons with physical frailties; or
3. A specialized transportation system that provides an efficient and humane method of
transporting patients to receiving facilities, among receiving facilities, and to treatment
facilities.
Purpose
The Indian River County Transportation Plan is in the continued best interest of persons in need
of public mental healthcare in Indian River County. The Plan will insure that individuals on an
involuntary Baker Act/Marchman Act will obtain immediate access to acute care services and
will reduce the need for inter -hospital transfers for psychiatric and addiction services.
Coordination of services among providers in Indian River County will continue to meet individual
needs.
The Plan calls for all law enforcement agencies in Indian River County to transport:
1. Adults on an involuntary Baker Act to;
• Indian River Medical Center's (formally Indian River Memorial Hospital)
Behavioral Health Center (BHC)
• New Horizons of the Treasure Coast and Okeechobee (Midway Road Facility)
(NHTC)
2. Adults on an involuntary Marchman Act to:
• NHTC
3. Youth under the age of 18 years on an involuntary Baker Act to the nearest receiving
facility, BHC.
4. Youth under the age of 18 years on an involuntary Marchman Act to the nearest
receiving facility, NHTC.
System Capacity:
Baker Act Receiving Facilities
• BHC — 46 Beds
2 254
NHTC — 50 Beds (30 for adults and 20 for youth)
The receiving facilities will notify the Baker Act Task Force of any changes in system
capacity. The Baker Act Task Force consists of representatives from all Baker Act
receiving facilities in Palm Beach, Martin, St. Lucie, Okeechobee and Indian River
counties and is responsible for reviewing and resolving issues between receiving
facilities.
Substance Abuse Detoxification
• NHTC — 12 Beds
Medical Treatment
Individuals needing medical treatment should be handled according to law enforcement agency
policy and transported to the closest medical hospital.
Choice
Law Enforcement may take into consideration individual choice when making a determination of
which Baker Act receiving facility to transport the individual. All persons on an involuntary
Marchman Act are to be transported to NHTC.
Methods of Transportation
Law enforcement agencies in Indian River County are the responsible parties to transport those
individuals in need of mental health services under the Baker Act to the appropriate receiving
facilities. The Indian River County Sheriff's Office shall be the law enforcement agency
designated to take a person into custody upon the entry of an ex parte order or the execution of
a certificate for involuntary examination by an authorized professional and to transport that person
to the appropriate facility within the designated receiving system under this plan.
When an individual has a medical issue that needs to be addressed or an intoxication level that
is medically compromising, law enforcement, or Emergency Medical Services transport the
individual being detained under a Baker Act order to the nearest emergency care center for
medical stabilization.
When any law enforcement officer has arrested a person for a felony and it appears that the
person meets the statutory guidelines for involuntary examination or placement under Florida
Statutes, such person shall first be processed in the same manner as any other criminal suspect.
The law enforcement agency shall thereafter immediately notify the appropriate receiving facility,
which shall be responsible for promptly arranging for the examination and treatment of the person.
When any law enforcement officer has custody of a person based on either noncriminal or minor
criminal behavioral that meets the statutory guidelines for involuntary examination under Florida
Statutes, the law enforcement officer shall transport the person to the appropriate receiving facility
for examination.
Once an individual is in a receiving facility, there are occasions when that individual needs to be
discharged from one facility and transferred to another facility. Transportation between facilities
is coordinated by the transferring facility. Law enforcement is not responsible to transport
individuals from one facility to another unless the individual has criminal charges. In that case,
the Indian River County Sheriff's Office shall be noticed prior to transfer and will provide the
transportation.
255
Upon completion of treatment for individuals who are designated "on hold" as a result of being
booked prior to treatment, the receiving facility is required to contact the Indian River County
Sheriff's Office to arrange for transportation to the County Jail.
MARCHMAN ACT TRANSPORTATION:
If an individual has a medical issue that needs to be addressed, law enforcement, or Emergency
Medical Services, is required to transport the individual being detained under a Marchman Act
order to the nearest hospital for medical stabilization. When the individual has been stabilized,
the hospital may call the Indian River County Sheriff's Office or other local law enforcement to
transport the individual to NHTC. This is provided a bed is available and the individual still requires
residential placement under the Marchman Act. The individual may remain at the hospital if no
bed is available.
System Oversight
In an effort to resolve complaints, grievances, and disputes which may arise during
implementation of the plan, The Baker Act Task Force will implement necessary actions in
response to its ongoing review and any public or Southeast Florida Behavioral Health Network
(SEFBHN) or Department of Children and Families review.
The Southeast Region of the Department of Children and Families Substance Abuse and
Mental Health Program Office (the Department), and SEFBHN in conjunction with Indian River
County are responsible for providing oversight to the Transportation Plan. The County, the
Department and SEFBHN have the authority to resolve issues concerning the Transportation
Plan, approve interagency agreements, as well as coordinate other services needed for
individuals beyond acute care services. The Department also has a working relationship with
the Agency for Health Care Administration if issues arise beyond the Department's authority.
Interorganizational Collaboration
Implementing an excellent Transportation Plan on behalf of persons in need of behavioral health
services requires a significant amount of cooperation, commitment and collaboration from all
parties involved. Besides having the strong support of law enforcement and the behavioral
health providers, Indian River County hospitals have engaged in a public planning process
which has strengthened the relationships between all parties responsible for implementing the
Transportation Plan in Indian River County. The community support for this plan is evidenced by
the attached letters.
4 256
DEFINITIONS
Baker Act: The Florida Mental Health Act.
Marchman Act: The Hal S. Marchman Alcohol and Other Drug Services Act
Receiving Facility: Any public or private facility designated by the Department of
Children and Families to receive and hold involuntary patients
under emergency conditions or for psychiatric evaluation and to
provide short-term treatment.
Private Receiving Facility: Any hospital or facility operated by a for-profit or not-for-profit
corporation or association that provides mental health services
and is not a public facility.
Public Receiving Facility: Any facility that has contracted with the Department of Children
and Families to provide mental health services to all persons,
regardless of their ability to pay, and is receiving state funds for
such purpose.
257
2022 Indian River County Transportation Plan
Language additions in FY 22-23 to comply with July 1St legislation passed:
Senate Bill 1262
✓ Requires law enforcement officers to report any known contact information for
relatives of persons detained under the Baker Act.
✓ Requires law enforcement officers to search certain electronic databases for
emergency contact information of Baker and Marchman Act patients being
transported to a receiving facility.
Senate Bill 1844
✓ Directs law enforcement officers transporting individuals under the Baker Act or
Marchman Act to restrain individuals using the least restrictive means available
and appropriate under the circumstances.
General Provisions
Indian River County in partnership with Southeast Florida Behavioral Health Network, in
accordance with Florida Statute Chapter 394, Part 1, Florida Mental Health Act or the
"Baker Act" Florida Statute Chapter 397, Hal S. Marchman Alcohol and Other Drug
Services A t of 1993, and pursuant to Chapter 394.462, Florida Statutes (F.S), has
developed a plan to organize a centralized system for acute care services. This plan has
been reviewed by community stakeholders and the Indian River County Public Safety
Coordinating Council for Criminal Justice, Mental Health, and Substance Abuse. This
Transportation Plan requires approval by the Indian River County Board of County
Commissioners, Southeast Florida Behavioral Health Network and the Department of
Children and Families. Upon approval, this document will serve as the Transportation
Plan for Indian River County.
The 2022 Indian River County Transportation Plan (referenced below as "Transportation
Plan") is intended to serve the continue best interest of persons in need of public
behavioral healthcare in Indian River County. The Transportation Plan will ensure that
individuals on an involuntary Baker Act/Marchman Act will obtain immediate access to
acute care services and will reduce the need for inter -hospital transfers for psychiatric and
addiction services. Coordination of services among providers in Indian River County will
continue to meet individual needs.
A. The intent of this Transportation Plan is to:
a. Arrange the centralization and improvement in the provision of services
within Indian River County, which may include an exception to the
requirement for transportation to the nearest receiving facility;
W:7
b. Establish a procedure by which a facility may provide, in addition to required
psychiatric and addiction services; an environment and services which are
uniquely tailored to the needs of an identified group of persons with special
needs, such as persons with hearing impairments or visual impairments, or
persons with physical frailties; or
c. Create a specialized transportation system that provides an efficient and
humane method of transporting patients to receiving facilities, among
receiving facilities, and to treatment facilities.
B. Section 394.462, F.S. requires that "Each county shall designate a single law
enforcement agency within the county, or portions thereof, to take a person into
custody upon entry of an ex parte order or the execution of a certificate for
involuntary examination by an authorized professional and to transport that person
to the appropriate facility within the designated receiving system...." This section
also permits a county to contract with an emergency medical transport service or
private transport company for transportation of persons to receiving facilities.
Under this Transportation Plan each law enforcement agency is responsible for its
jurisdiction and is designated to effectuate the Transportation Plan for Indian River
County.
The Transportation Plan calls for the designated law enforcement agencies to
transport as follows:
Palm Beach County
a. Adults on an involuntary Baker Act to:
a. Fair Oaks Pavilion at Delray Medical Center
b. HCA Florida JFK Medical Center North
c. South County Mental Health Center
d. Neuro Behavioral Hospital
b.Adults on an involuntary Marchman Act to:
a. Drug Abuse Foundation
c. Youth under the age 18 years on an involuntary Baker Act to:
a. HCA Florida JFK Medical Center North
d.Youth under the age of 18 years on an involuntary Marchman Act to:
a. Drug Abuse Foundation
Martin County
a. Adults on an involuntary Baker Act to:
a. New Horizons of the Treasure Coast
b. Coral Shores Behavioral Health
b.Adults on an involuntary Marchman Act to:
a. New Horizons of the Treasure Coast
c. Youth under the aqe of 18 on an involuntary Baker Act to:
a. New Horizons of the Treasure Coast
1
259
b. Coral Shores Behavioral Health
d.Youth under the age of 18 years on an involuntary Marchman Act to:
a. New Horizons of the Treasure Coast
St. Lucie County
a. Adults on an involuntary Baker Act to:
a. New Horizons of the Treasure Coast
b. Lawnwood Medical Center
c. Port St. Lucie Hospital
b.Adults on an involuntary Marchman Act to:
a. New Horizons of the Treasure Coast
c. Youth under the age of 18 on an involuntary Baker Act to:
a. New Horizons of the Treasure Coast
b. Lawnwood Medical Center
d.Youth under the age of 18 years on an involuntary Marchman Act to:
a. New Horizons of the Treasure Coast
Indian River County
a. Adults on an involuntary Baker Act to:
a. New Horizons of the Treasure Coast
b. Cleveland Clinic Indian River Medical Center
b.Adults on an involuntary Marchman Act to:
a. New Horizons of the Treasure Coast
c. Youth under the age of 18 on an involuntary Baker Act to:
a. Nearest Receiving Facility Cleveland Clinic Indian River Medical
Center
d. Youth under the age of 18 years on an involuntary Marchman Act to:
a. Nearest Receiving Facility
b. New Horizons of the Treasure Coast
Okeechobee County
a. Adults on an involuntary Baker Act to:
a. New Horizons of the Treasure Coast
b.Adults on an involuntary Marchman Act to:
a. New Horizons of the Treasure Coast
c. Youth under the age of 18 on an involuntary Baker Act to:
a. New Horizons of the Treasure Coast
d.Youth under the age of 18 years on an involuntary Marchman Act to:
a. New Horizons of the Treasure Coast
13
Current System Capacity
Palm Beach County
Baker Act Receiving Facilities
• Fair Oaks Pavilion at Delray Medical Center: 50 beds
• HCA Florida JFK Medical Center North: 123 beds
• South County Mental Health Center: 45 beds
• Neuro Behavioral Hospital: 42 beds
Substance Abuse Detoxification
• HCA Florida JFK Medical Center North: Stabilization Center for Opioid overdoses
• Drug Abuse Foundation: 44 Detox Beds
Martin County
Baker Act Receiving Facilities
• Coral Shores Behavioral Health: 56 beds
• New Horizons of the Treasure Coast: 68 beds
Substance Abuse Detoxification
• New Horizons of the Treasure Coast: 20 beds
St. Lucie County
Baker Act Receiving Facilities
• New Horizons of the Treasure Coast and Okeechobee: 68 beds
• Lawnwood Medical Center
• Port St. Lucie Hospital
Substance Abuse Detoxification
• New Horizons of the Treasure Coast: 20 beds
Indian River County
Baker Act Receiving Facilities
• New Horizons of the Treasure Coast and Okeechobee: 68 beds
• Cleveland Clinic Indian River Medical Center
Substance Abuse Detoxification
• New Horizons of the Treasure Coast: 20 beds
Okeechobee
Baker Act Receiving Facilities
• New Horizons of the Treasure Coast and Okeechobee: 68 beds
• Cleveland Clinic Indian River Medical Center
Substance Abuse Detoxification
E
261
• New Horizons of the Treasure Coast: 20 beds
The receiving facilities listed in this paragraph will notify the Baker Act Task Force
Committee of any changes in system capacity.
Marchman Act and Baker Act Statistics of 2021
Martin, Indian River, St. Lucie, and Okeechobee
Total Mobile Response Team calls in Circuit 19 for FY 21-22 was 1172; with a breakdown
of 1,1019 face-to-face community, 119 involuntary/Baker Acts; and 307 youth (under 18
years of age).
Marchman and Baker Act filings for the 19th Judicial Circuit show a total of 2,972 filings
for 2021; with a breakdown of 1034 Baker Acts and 169 Marchman Acts.
Baker Act
Florida Statutes, Chapter 394, Part 1, Florida Mental Health Act commonly called the
"Baker Act" is a means for providing persons suffering from a mental illness with
emergency services and evaluation for mental health treatment, when required, either on
a voluntary or involuntary basis.
Florida law provides a methodology by which a person believed to suffer from a mental
illness may be examined to determine if he or she qualifies for involuntary services. Under
Florida law, there are three methods by which a person who appears to suffer from a
mental illness can be involuntarily examined. Those methods are as follows, to -wit:
1. Involuntary Court Proceeding: Through the issuance of an ex parte order by the
Court under Section 394.463, F.S. if less restrictive means are not available,
requiring the law enforcement officer or other designated agent of the court, to take
the person to the appropriate, or nearest facility, within the designated receiving
system; or alternatively;
2. Involuntary Health Care Admission: Through the execution of a certificate
issued by a physician, clinical psychologist, psychiatric nurse, mental health
counselor, Licensed Clinical Social Worker, marriage and family therapist requiring
the law enforcement officer to take the person to the appropriate, or nearest, facility
with in the designated receiving system; or alternatively;
3. Law Enforcement Baker Act (LESA): Through the action of a law enforcement
officer who finds a person meets the criteria for a Baker Act involuntary
examination and who executes a written report detailing the circumstances under
which the person was taken into custody and then deliver that person to the
appropriate, or nearest, facility within the designated receiving system.
Under each circumstance the person must be transported by law enforcement (or under
the exceptions provision of Florida Law or another entity) in accordance with the
Transportation Plan set forth herein.
15
4
Choice
Law Enforcement may take into consideration individual choice when making a
determination of which Baker Act receiving facility to transport the individual. However, if
an Ex Parte order for involuntary Examination has been entered by the Court, requiring
the law enforcement officer to take the person to a specifically named facility, or the
appropriate, or nearest, facility within the designated receiving system.
Least Restrictive Means to Transport
Pursuant to Senate Bill 1844, passed by the Florida Legislature and made effective on
July 1St, 2022, Law Enforcement Officers transporting individuals under the Baker Act
should use the least restrictive means available and appropriate under the circumstances
to transport individuals. This may include the utilization of de-escalation techniques,
forgoing handcuffs, and other restraints, and/or the inclusion of Community Intervention
Team (CIT) officers.
Emergency Contact Information
Pursuant to Senate Bill 1262, passed by the Florida Legislature and made effective on
July 1St, 2022, Law Enforcement Officers are required to: (a) search certain electronic
databases for emergency contact information of Baker Act patients being transported to
a receiving facility, and; (b) report any known contact information for relatives of persons
detained under the Baker Act.
Medical Treatment
Pursuant to Section 394.462(1)(i), F.S., "[i]f the appropriate law enforcement officer
believes that a person has an emergency medical condition as defined in Section
395.002, Florida Statutes, the person may be first transported to a hospital for emergency
medical treatment, regardless of whether the hospital is a designated receiving facility."
Transportation Upon Being Medically Stabilized: Upon completion of treatment for
individuals who are designated "on hold" or "still in custody", law enforcement is
responsible for arranging transport to the jail to be booked and/or to the appropriate Baker
Act receiving facility. For persons not in custody for a criminal offense and the individual
has been stabilized, the hospital or emergency care center shall be responsible for
arranging transportation to the appropriate Baker Act receiving facility under this
Transportation Plan.
Persons Arrested or in Custody
R.
Felony Arrests: Pursuant to Chapter 394.462, (1){f), Florida Statutes, 'When any
law enforcement officer has arrested a person for a felony and it appears that the
person meets the statutory guidelines for involuntary examination or placement
under this part, such person must first be processed in the same manner as any
other criminal suspect. The law enforcement agency shall thereafter immediately
notify the appropriate facility within the designated receiving system pursuant to a
transportation plan or an exception under Subsection (4), or to the nearest
263
receiving facility if neither apply. The receiving facility shall be responsible for
promptly arranging for the examination and treatment of the person. The receiving
facility is not required to admit a person charged with a crime for whom the facility
determines and documents that it is unable to provide adequate security but shall
provide examination and treatment to the person where he or she is held."
2. Minor Criminal Offenses (Includes some misdemeanors and non -criminal
offenses) Pursuant to chapter 394.462(1)(g) F.S., when a designated law
enforcement agency "has custody of a person based on either noncriminal or minor
criminal behavior that meets the statutory guidelines for involuntary examination
pursuant to s. 394.463, the law enforcement officer shall transport the person to
the appropriate facility within the designated receiving system pursuant to a
transportation plan"
3. Transportation Upon Stabilization and Assessment under the Baker Act:
Upon completion of assessment and stabilization on persons who are designated
on hold or "still in custody", law enforcement is responsible for arranging transport
to the jail to be booked and/or to the appropriate Baker Act receiving facility. For
persons not in custody for a criminal offense and the individual has been stabilized,
the hospital or emergency care center shall be responsible for arranging
transportation to the appropriate Baker Act receiving facility under this
Transportation Plan.
Transfer Between Receiving Facilities
Once an individual is in a Baker Act receiving facility, there are occasions when that
individual needs to be discharged from one Baker Act receiving facility and transferred to
another Baker Act receiving facility. Transportation between facilities is coordinated by
the transferring Baker Act facility. Law enforcement is not responsible to transport
individuals from one Baker Act receiving facility to another unless the individual has
criminal changes. In that case, the Indian River County Sheriffs Office shall be noticed
prior to transfer and will, provide the transportation.
Transfer of Custody: Under section 394.462(3), Custody of a person who is transported
pursuant to the Florida Mental Health Act, Part I, of Chapter 394, Florida Statutes, along
with related documentation, shall be relinquished to a responsible individual at the
appropriate receiving or treatment facility. Law enforcement shall not leave the individual
until this has been accomplished.
Marchman Act
Florida Statutes Chapter 397, commonly called the "Marchman Act' is a means for
providing persons suffering from a substance use disorder with emergency services and
temporary evaluation for substance abuse treatment, when required, on an involuntary
basis.
Florida law provides a methodology by which a person believed to suffer from a substance
use disorder may be assessed and stabilized to determine if he or she qualifies for I
involuntary assessment and stabilization. Under Florida law there are several methods
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by which a person who appears to suffer from a substance use disorder can be
involuntarily assessed and stabilized. Those methods are as follows, to -wit:
1. Involuntary Court Admission: Through the issuance by the Court of an order either
(a.) after an evidentiary hearing or (b.) alternatively without hearing on an ex parte
basis by the Court. Under either circumstance the Court shall issue an order
expressly designating the facility the person is to be delivered to for assessment
and stabilization. Under this method the court will dictate the specific facility law
enforcement must deliver the person to; or alternately;
2. Emergency Admissions: Through the execution of a certificate issued by a
physician, an advanced registered nurse practitioner, a psychiatric nurse, a clinical
psychologist, a clinical social worker, marriage and family therapist, a mental
health counselor, a physician assistant working under the scope of practice of the
supervising physician, or a master's level certified addictions professional for
substance abuse services, and the completion of an application for emergency
admission requiring the law enforcement officer to take the person to the
appropriate, or nearest, facility within the designated receiving system; or
alternately;
3. Protective Custody: Through the action of a law enforcement officer who may
implement protective custody measures either with or without consent of the
person requiring the law enforcement officer to take the person to the appropriate,
or nearest, facility within the designated receiving system; or alternatively
4. Involuntary Assessment Procedure for Minors: By the execution of an application
for admissions compiled with an addiction receiving facility by the minor's parent,
guardian or legal custodian, requiring the law enforcement officer to take the
person to the appropriate, or nearest, facility within the designated receiving
system.
Under each circumstance the person must be transported by law enforcement (or under
the exceptions provisions of Florida law another entity) in accordance with the
Transportation Plan set forth herein.
Involuntary Assessments
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1. Court -Ordered: Under Chapter 397.6818, F.S.: If the court enters an order
authorizing involuntary assessment and stabilization, the order shall include the
court's findings with respect to the availability and appropriateness of the least
restrictive alternatives and the need for the appointment of an attorney to represent
the respondent and may designate the specific licensed service provider to
perform the involuntary assessment and stabilization of the respondent. The
respondent may choose the licensed service provider to deliver the involuntary
assessment where possible and appropriate.
2. If the court finds it necessary, it may order the Indian River County Sheriffs Office
to take the respondent into custody and deliver him or her to the licensed service
provider specified in the court order or, if none is specified, to the nearest
appropriate licensed service provider for involuntary assessment.
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3. Pursuant to Chapter 397.6818, Florida Statutes, the court may enter an order
requiring involuntary assessment and stabilization. In that order, the court may
require the Indian River County Sheriff's office to deliver the individual for
assessment and stabilization and the court shall designate the appropriate
licensed Marchman Act receiving facility for the individual.
4. Non -Court-ordered Involuntary Assessments: The designated law enforcement
agency shall be responsible for: transporting.
5. Unless otherwise ordered by the court, all persons on an involuntary Marchman
Act are to be transported to the Drug Abuse Foundation or the Detox facility in
Belle Glade based on their capacity and capability to serve the individual.
6. The order is valid only for the period specified in the order or, if a period is not
specified, for seven (7) days after the order is signed.
Choice
Law Enforcement may take into consideration individual choice when making a
determination of which Marchman Act receiving facility to transport the individual.
However, if an Ex -Parte Order for Involuntary Examination has been entered by the Court,
requiring the law enforcement officer to take the person to a specifically named facility, or
the appropriate, or nearest, facility within the designated receiving system.
Least Restrictive Means to Transport
Pursuant to Senate Bill 1844, passed by the Florida Legislature and made effective on
July 1St, 2022, Law Enforcement Officers transporting individuals under the Marchman
Act should use the least restrictive means available and appropriate under the
circumstances. This may include the utilization of de-escalation techniques, forgoing
handcuffs and other restraints, and/or the inclusion of Community Intervention Team
(CIT) officers.
Emergency Contact Information
Pursuant to Senate Bill 1262, passed by the Florida Legislature and made effective on
July 1St, 2022, Law Enforcement Officers are required to search certain electronic
databases for emergency contact information of Marchman Act patients being transported
to a receiving facility, and; (b) report any known contact information for relatives of
persons detained under the Marchman Act.
Medical Treatment
Pursuant to 394.462(2)(a), F.S., if an individual has a medical issue that needs to be
addressed or an intoxication level that is medically compromising, law enforcement, or
Emergency Medical Services are required to transport the individual being detained under
a Marchman Act to the nearest hospital or emergency care center for medical
stabilization.
Transportation on Upon Being Medically Stabilized: Upon completion of treatment for
individuals who are designated "on hold" or "still in custody", law enforcement is
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responsible or arranging transport to the jail to be booked and/or to the appropriate
Marchman Act receiving facility. For persons not in custody for a criminal offense and the
individual has been stabilized, the hospital or emergency care center shall be responsible
for arranging transportation to the appropriate Marchman Act receiving facility under this
Transportation Plan. See Section 394.462(1)(g), F.S.
Persons Arrested or in Custody
1 a Felony Offenses: Pursuant to 394.462(1)(h), Florida Statutes: 'When any law
enforcement officer has arrested a person for a felony and it appears that the
person meets the statutory guidelines for involuntary examination or placement
under this part, such person must first be processed in the same manner as any
other criminal suspect. The law enforcement agency shall thereafter immediately
notify the appropriate facility within the designated receiving system pursuant to a
transportation plan. The receiving facility shall be responsible for promptly
arranging for the examination and treatment of the person. The receiving facility is
not required to admit a person charged with a crime for whom the facility
determines and documents that it is unable to provide adequate security, but shall
provide examination and treatment to the person where he or she is held."
2. Minor Criminal Offenses: (Includes some misdemeanors and noncriminal
offenses). Pursuant to 394.462(1)(g), F.S.: "Persons who meet the statutory
guidelines for involuntary admission, pursuant to Section 397.675 may also be
transported by law enforcement officers to the extent resources are available and
as otherwise provided by law. Such persons shall be transported to an appropriate
facility within the designated receiving facility pursuant to a transportation plan."
3. Transportation Upon Stabilization and Assessment under the Marchman
Act: Upon completion of assessment and stabilization of persons who are
designated "on hold" or "still in custody", law enforcement is responsible for
arranging transport to the jail to be booked and/or to the appropriate Marchman
Act receiving facility. For persons not in custody for a criminal offense and the
individual has been stabilized, the hospital or emergency are center shall be
responsible for arranging transportation to the appropriate Marchman Act receiving
facility under this Transportation Plan. See Section 394.462(1)(g), F.S.
Transportation to a Treatment Facility
1. For those hospitalized patients unable to afford transportation between hospitals
and receiving facilities under 394.462(1), F.S. or Section 397.675, regardless of
whether the patient is under an involuntary order or is voluntarily requesting
transportation, the facility will be responsible for transporting the patient to the
receiving facility. See Section 394.462(2)(x), F.S.
2. However, under this Transportation Plan, "county or municipal law enforcement
and correctional personnel and equipment may not be used to transport patients
adjudicated incapacitated or found by the court to meet the criteria for involuntary
placement pursuant to, Section 394.467, except in small rural counties where there
are no cost-efficient alternatives. See Section 394.462, F.S.
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System Oversight
In an effort to resolve complaints, grievances, and disputes, which may arise during
implementation of the plan, The Baker Act Task Force Committee will implement
necessary actions in response to its ongoing review and any public or Southeast Florida
Behavioral Health Network (SEFBHN) or Department of Children and Families review.
The Southeast Region Department of Children and Families, Substance Abuse and
Mental Health Program Office and SEFBHN is responsible for providing oversight to the
Transportation Plan. The Department of Children and Families and SEFBHN have the
authority to resolve issues concerning the Transportation Plan, approve inter -agency
agreements, as well as coordinate other services needed for individuals beyond acute
care services. The Regional office also has a working relationship with the Agency for
Health Care Administration if issues arise beyond the department's authority.
Interor_ganizational Collaboration
Implementing an excellent Transportation Plan on behalf of persons in need of behavioral
health services requires a significant amount of cooperation, commitment, and
collaboration from all parties involved. Besides having the strong support of law
enforcement and the behavioral health providers, Indian River County hospitals have
engaged in public planning process that has strengthened the relationships between all
parties responsible for implementing the Transportation Plan in Indian River County.
Definitions
Baker Act: The Florida Mental Health Act.
Marchman Act: The Hal S. Marchman Alcohol and Other Drug Services Act.
Receiving Facility: Any public or private facility designated by the Department of
Children and Families to receive and hold involuntary patients under emergency
conditions or for psychiatric evaluation and to provide short-term treatment.
Private Receiving Facility: Any hospital or facility operated by a for-profit or not -for- profit
corporation or association that provides mental health services and is not a public facility.
Public Receiving Facility: Any facility that has contracted with the Department of
Children and Families to provide mental health services to all persons, regardless of their
ability to pay, and is receiving state funds for such purpose.
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