Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
02/11/2020 (2)
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, FEBRUARY 11, 2020 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari Jason E. Brown, County Administrator Dylan Reingold, County Attorney , Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Reverend Graham Bingham, Westminster Presbyterian Church 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher, Vice Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating February, 2020, as 2-1-1 Awareness Month Attachments: Proclamation 5.B. Presentation of Proclamation Honoring Eric J. Seymour Attachments: Proclamation 5.C. Presentation of Proclamation Honoring Joe N. Idlette, III Attachments: Proclamation APPROVAL OF MINUTES February 11, 2020 Page 1 of 5 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION CONSENT AGENDA 8.A. Checks and Electronic Payments January 17, 2020 to January 23, 2020 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments January 24, 2020 to January 30, 2020 Attachments: Finance Department Staff Report 8.C. Resolutions Cancelling Taxes on Properties Acquired by Indian River County for Public Purposes Attachments: Staff Report Resolution (acquired from VBMINIG, LLC) Resolution (purchase from Premier Citrus, LLC) Resolution (acquired from Russell Family LP) 8.D. Jungle . Trail Shoreline Stabilization Project (IRC-1823),Release of Retainage and Change Order No. 1 Attachments: Staff Report Change Order No. 1 Description of Itemized Changes 8.E. Work Order No. 31, Kimley-Horn and Associates, Inc., 66th Avenue and 8th Street Intersection Signalization (IRC -2002) Attachments: Staff Report Work Order No. 31 8.F. Board. Approval for Adopt -A -Roadway and Adopt-A-Stormwater Park Attachments: Staff Report Resolution 8.G. Request of Name Change from Cleveland Clinic Martin Health for Present Class B Certificate of Public Convenience and Necessity Attachments: Staff Report Renewal Application 8.H. Award of Bid# 2020023 - North County Aquatic Center Scoreboard Repairs and Updating Attachments: Staff Report Sample Agreement February 11, 2020 Page 2 of 5 8.I. Award of Bid# 2020022 - North County Aquatic Center Activity Pool Resurfacing Attachments: Staff Report Sample Agreement 8.J.. Designation of Excess Equipment as Surplus Attachments: Staff Report Excess Equipment List for 021120 Agenda 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. CEMEX Construction Materials Florida, LLC Request to Rezone +/-6.13 Acres from A-1 to IG; +1-15.85 Acres from A-1 to CH; and +/- 4.78 Acres from IG to CG (RZON96020133-85706) [Quasi -Judicial] Attachments: Staff Report Summary Page Rezoning Application Table of Uses AG Zoning Districts Table of Uses Commercial Districts Table of Uses Industrial Districts FLU to Zoning Comparison Section 902.12(3) Review Standards 12-12-19 PZC Minutes Applicant Meeting Summary Email 1 Applicant Meeting Summary Email 2 Hawk's Nest Response Letter Ordinance B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1 Human Services 2. Sandridge Golf Club February 11, 2020 Page 3 of 5 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works G. Utilities Services. 13. COUNTY ATTORNEY MATTERS 13.A. Beach and Shore Preservation Advisory Committee Appointment Attachments: Staff Report Application for BASPC - Philip Glade Application for BASPC - David W Morgan Application for BASPC - David Cox Application for BASPC - Sven Frisell Application for BASPC - Curtis Carpenter Application for BASPC - Kelly Darmetko 13.B. Acquisition of Right -Of -Way for Phase II of 66th Avenue Improvements Banack Family Limited Partnership - 66th Avenue and 61st Street, Parcels 301 and 302 Attachments: Staff Report Exhibit "A" Aerial Photo Exhibit "B" Pre -suit Mediation Settlement Agreement Sketch/Descriptions of row Parcels 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Tim Zorc D. Commissioner Peter D. O'Bryan E. Commissioner Bob Solari F. Commissioners Open Dialogue 14.F.1. Commissioners Open Dialogue Attachments: Memorandum 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District February 11, 2020 Page 4 of 5 15.B.1. Approval of Minutes Meeting of November 5, 2019 Attachments: 11052019SWDDDraft 15.B.2. Approval of Minutes Meeting November 12, 2019 Attachments: 11122019SWDD Draft 15.B.3. Final Pay to Geosyntec for Work Authorization CCNA-2018 WO No. 2 - Title V Air Operations Permit Modification Application Attachments: Staff Report Geosyntec Project Completion Report, Final Invoice C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the. Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which. the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov:com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:OOp.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:OOp.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. February 11, 2020 Page 5 of 5 PROCLAMATION DESIGNATING FEBRUARY, 2020, AS "2-1-1 AWARENESS MONTH" WHEREAS, individuals and families frequently need help in meeting life's basic needs or addressing acute crises, but may not know where to turn for assistance; and WHEREAS, 2-1-1 is an easy -to -remember, easy-to-use number recognized as the key hub in linking individuals and families with the guidance and support they need, 24 hours a day, seven days a week; and • WHEREAS, 2-1-1 HelpLine received over 3,800 requests for help last year via telephone, text messaging, and online chat; and WHEREAS, 2-1-1's specialized advocacy and support programs include the "Help Me Grow" initiative, which seeks to catch children's developmental delays early, and 2-1-1's life-saving "Sunshine" daily phone calls that positively impact the lives of housebound and isolated seniors; and, WHEREAS, 2-1-1's newest program, "My Florida Veterans," offers peer-to-peer and readjustment support for both veterans and their families; and WHEREAS, 2-1-1 HelpLine is a "kind voice on the other end of the line," a team of highly -trained professionals providing free and confidential crisis interventions, assessments, and community service referrals...they are "hope when you need it most!" NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that February, 2020, is designated as 2-1-1 Awareness Month in Indian River County, and that the Board urges all citizens to remember the only telephone number they need to find help with mental health counseling, substance abuse, healthcare, employment, food assistance, childcare, support groups, volunteering, free income tax help, and much more. Adopted this 11th day of February, 2020. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Tim Zorc Peter D. O'Bryan Bob Solari 1 PROCLAMATION HONORING ERIC J. SEYMOUR WHEREAS, Indian River County celebrates African American Pioneers who, through their service in the business, public, and elected arenas, have paved the way for this and future generations; and WHEREAS, Eric. J. Seymour, a native son of Vero Beach and graduate of Vero Beach High School and Delaware State University, is an accomplished scholar and athlete; and WHEREAS, Eric started his administrative career as Assistant Principal and Adult Education Counselor at Vero Beach High School, progressing to Assistant Principal at Lincoln Park Academy and subsequent recognition as the State of Florida's 2003 Assistant Principal of the Year; and WHEREAS, as a Principal, Eric oversaw the conversion of Northport Middle to a K-8 school, and then led Vero Beach High School to its first-ever Florida Department of Education "A" rating; and WHEREAS, Eric currently serves as the Attendance Specialist for the School District of Indian River County and director of Hear My Story, a motivational speaker program sharing true life stories that inspire struggling students to grow and learn; and WHEREAS, Eric is a multi-year member of an Education Committee chaired by Congressman Bill Posey and tasked with developing strategies to improve student achievement and overall school performance; and WHEREAS, Eric has served as an Executive Board Member of the Saint Lucie County United Way and Chamber of Commerce and as a longtime member of the National Association of Secondary School Administrators, where he earned his keen reputation as a proactive problem -solver. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the pioneer spirit and civic contributions of Eric J. Seymour have greatly enriched Indian River County and the Treasure Coast, and that the Board extends its sincere thanks for his outstanding efforts. Adopted this 11th day of February, 2020. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Tim Zorc Peter D. O'Bryan Bob Solari 2 PROCLAMATION HONORING JOE N. IDLETTE, III WHEREAS, Indian River County celebrates African American Pioneers who, through their service in the business, public, and elected arenas, have paved the way for this and future generations; and WHEREAS, Joe Idlette, 111, is a native son of Indian River County, loyal husband, father of two beautiful daughters, and grandfather of two wonderful grandchildren; and WHEREAS, Joe was one of the first African American students to integrate Vero Beach High School in 1968, and afterward matriculated at the great Florida State University in Tallahassee; and WHEREAS, Joe subsequently returned home and began a career with the City of Vero Beach, culminating in 2012 -- after 34 distinguished years of service -- as Lead Treatment Plant Operator; and WHEREAS, Joe's distinguished history of youth volunteerism in Indian River County covers multiple decades and continues to this day, comprising 25 years as a youth football coach and 28 years as a basketball coach with the Indian River County Recreation Department; ten years with Gifford Little League Baseball as president, coach, umpire, and more; and major contributions to the Cub Scouts and the Gifford Youth Achievement Center's Boys -To -Men -To -Greatness Mentoring Program; and WHEREAS, Joe's efforts carry into community volunteerism, especially through Our Father's Table Soup Kitchen, the Starlight Garden Ministry, and United Way's Day of Caring; and WHEREAS, Joe has served as a prominent civic leader, including as Vice Chairman of the Indian River County Housing Authority, Vice Chairman of the Economic Development Council, and President of the Progressive Civic League of Gifford since 2004. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the pioneer spirit and civic contributions of Joe N. Idlette, III, have greatly enriched Indian River County and the Treasure Coast, and that the Board extends its sincere thanks for his outstanding efforts. Adopted this 11th day of February, 2020. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Tim Zorc Peter D. O'Bryan Bob Solari 3 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: January 23, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS January 17, 2020 to January 23, 2020 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of January 17, 2020 to January 23, 2020. FA TRANS NBR 391344 391345 391346 391347 391348 391349 391350 391351 391352 391353 391354 391355 391356 391357 391358 391359 391360 391361 391362 391363 391364 391365 391366 391367 391368 391369 391370 391371 391372 391373 391374 391375 391376 391377 391378 391379 391380 391381 391382 391383 391384 391385 391386 391387 391388 391389 391390 391391 391392 391393 391394 391395 391396 391397 391398 391399 391400 391401 DATE 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 CHECKS WRITTEN VENDOR SUNSHINE SAFETY COUNCIL INC BEST WESTERN JASON E BROWN KARI CUNDIFF ALEXIS PERALTA LAURA YONKERS FIRE EQUIPMENT SVC OF ST LUCIE INC COMMUNICATIONS INTERNATIONAL SSES INC TEN -8 FIRE EQUIPMENT INC VERO CHEMICAL DISTRIBUTORS INC RICOH USA INC CHISHOLM CORP OF VERO KIMLEY HORN & ASSOC INC HENRY SCHEIN INC AT&T WIRELESS SEWELL HARDWARE CO INC DELTA SUPPLY CO GRAINGER INDIAN RIVER MEDICAL CENTER HACH CO BOUND TREE MEDICAL LLC PETES CONCRETE ECOTECH CONSULTANTS INC MOTION INDUSTRIES INC CITY ELECTRIC SUPPLY COMPANY CARTER ASSOCIATES INC DELL MARKETING LP UTILITY SERVICE CO INC BAKER & TAYLOR INC MIDWEST TAPE LLC NORTHERN SAFETY CO INC MWI CORP ATKINS NORTH AMERICA INC PALM TRUCK CENTERS INC SOFTWARE HARDWARE INTEGRATION PING INC CLERK OF CIRCUIT COURT CLERK OF CIRCUIT COURT CLERK OF CIRCUIT COURT INDIAN RIVER COUNTY HEALTH DEPT CITY OF VERO BEACH UNITED STATES POSTAL SERVICE ACUSHNET COMPANY RECREONICS INC CITY OF SEBASTIAN FLORIDA POWER AND LIGHT TAYLOR MADE GOLF CO INC STATE ATTORNEY CITY OF FELLSMERE PEACE RIVER ELECTRIC COOP INC GLOBAL GOLF SALES INC LANGUAGE LINE SERVICES INC KEVIN S HAWKINS BE SAFE SECURITY ALARMS INC JOHN BROWN & SONS INC WESTSIDE REPROGRAPHICS OF VERO BEACH INC KEEP INDIAN RIVER BEAUTIFUL INC AMOUNT 500.00 192.00 130.00 13.08 30.00 18.96 3,465.00 12,894.92 1,618.19 1,991.42 392.10 56.16 1,729.34 6,034.00 3,589.88 4,368.72 48.96 583.28 1,085.50 250.00 1,326.23 3,764.38 5,800.00 2,674.00 220.78 445.05 910.00 4,810.00 235,198.00 1,025.25 249.77 269.56 3,666.47 2,046.00 1,338.20 6,396.08 1,670.24 2,480.63 600.00 2,004.50 19,647.18 3,276.39 20,000.00 643.73 4,400.91 48,565.02 111,754.71 716.01 10,892.81 380.67 206.43 25.00 91.64 400.00 239.70 38,390.00 35.88 7,095.96 5 TRANS NBR 391402 391403 391404 391405 391406 391407 391408 391409 391410 391411 391412 391413 391414 391415 391416 391417 391418 391419 391420 391421 391422 391423 391424 391425 391426 391427 391428 391429 391430 391431 391432 391433 391434 391435 391436 391437 391438 391439 391440 391441 391442 391443 391444 391445 391446 391447 391448 391449 391450 391451 391452 391453 391454 391455 391456 391457 391458 391459 391460 391461 DATE 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 VENDOR AMOUNT INTERNATIONAL CODE COUNCIL INC 79.90 NABORS GIBLIN & NICKERSON PA 798.00 SHRIEVE CHEMICAL CO 7,902.58 CELICO PARTNERSHIP 197.94 CINTAS CORPORATION NO 2 80.10 U S BANK NATIONAL ASSOCIATION 944.69 FLORIDA DEPT OF JUVENILE JUSTICE 37,280.72 VAN WAL INC 525.00 FLORIDA RURAL LEGAL SERVICES INC 1,711.67 NATIONAL NOTARY ASSOCIATION 130.00 OTC DIRECT INC 45.95 COASTAL TECHNOLOGY CORPORATION 27,328.00 SOUTHERN JANITOR SUPPLY INC 348.74 ARPHAX PUBLISHING CO 575.00 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 6,318.06 C W NIELSEN MFG CORP 216.45 ORCHID ISLAND PROPERTY MGMT II INC 975.00 PAK MAIL 126.38 SUMMERLINS MARINE CONST LLC 2,380.00 MENTAL HEALTH ASSOCIATION IRC INC 3,565.80 THOR GUARD INC 200.00 ASSOCIATION OF STATE FLOODPLAIN MANAGERS 165.00 OSLO MIDDLE SCHOOL 1,235.00 KWACKS INC 1,149.00 EQ THE ENVIRONMENTAL QUALITY COMPANY 22,312.31 LARIAT ENTERPRISES INC 415.92 DAILY DOSE CAFE 1,500.00 ATLANTIC COASTAL LAND TITLE CO LLC 170.00 GLADE & GROVE SUPPLY CO INC 1,428.60 FLORIDA ARMATURE WORKS INC 5,086.60 FLORIDA COAST EQUIPMENT INC 1,122.44 OVERDRIVE INC 2,893.23 XYLEM WATER SOLUTION USA INC 6,195.90 GFA INTERNATIONAL INC 10,312.50 REPROGRAPHIC SOLUTIONS INC 2.70 CARDINAL HEALTH 110 INC 3,610.35 MUNICIPAL EMERGENCY SERVICES INC 915.00 BURNETT LIME CO INC 9,489.20 CARMEN LEWIS 307.50 STEWART & STEVENSON FDDA LLC 71.84 CHEMTRADE CHEMICALS CORPORTATION 2,863.59 SAMBA HOLDINGS INC 2,356.24 REI ENGINEERS INC 3,215.00 MARKETING SPECIALTIES OF GEORGIA LLC 2,721.00 TRINOVA -FLORIDA INC 1,064.64 COBRA GOLF INCORPORATED 4,759.00 SYLIVIA MILLER 675.00 INDIAN RIVER LACROSSE ASSOCIATION INC 2,800.00 CATHEDRAL CORPORATION 924.72 UNIFIRST CORPORATION 1,333.87 CDA SOLUTIONS INC 1,329.82 BARSALOU VENTURES LLC 15,785.64 PATRIOT PRODUCTIONS LLC 500.00 FLORIDA EAST COAST HOLDINGS CORP 3,600.00 EASTERN PIPELINE CONSTRUCTION INC 1,900.00 COVERALL NORTH AMERICA INC 215.00 MATHESON TRI -GAS INC 4,164.90 COLE AUTO SUPPLY INC 440.91 RHOADES AIR & HEAT 170.00 KONICA MINOLTA BUSINESS SOLUTIONS 69.28 6 TRANS NBR 391462 391463 391464 391465 391466 391467 391468 391469 391470 391471 391472 391473 391474 391475 391476 391477 391478 391479 391480 391481 391482 391483 391484 391485 391486 391487 391488 391489 391490 391491 391492 391493 391494 391495 391496 391497 391498 391499 391500 391501 391502 391503 391504 391505 391506 391507 391508 391509 391510 391511 391512 391513 391514 391515 391516 391517 391518 391519 391520 391521 DATE 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 VENDOR BETH NOLAN FLORIDA BULB & BALLAST INC NESTLE WATERS NORTH AMERICA SSE ASSOCIATES INC ENVIRONMENTAL OPERATING SOLUTION INC LOCKTON COMPANIES STUART RUBBER STAMP & SIGN CO INC CORE & MAIN LP WOERNER AGRIBUSINESS LLC FIRST CHURCH OF THE NAZARENE INC BOTTOMS UP BEVERAGE OF FLORIDA LLC CHANGE HEALTHCARE LLC DIRECTV GROUP INC TETRA TECH INC RAMONA MURPHY AMAZON CAPITAL SERVICES INC VERONIQUE ORY STURIALE PREMIER LANDSCAPE SOLUTIONS OF IR LLC PIRATE PEST CONTROL LLC HOPPING GREEN & SAMS PA CK CONTRACTORS & DEVELOPMENT LLC CIT BANK NA DEANGELO BROTHERS LLC LIBERTY TIRE RECYCLING LLC STEEL MOUNTAIN APPRAISALS INC MULLINAX FORD OF VERO BEACH JUDITH A BURLEY DESK SPINCO INC INVASIVE PLANT ERADICATORS LLC MT CAUSLEY LLC WOLSELEY INVESTMENTS INC STAPLES INC LOWES COMPANIES INC PEOPLEREADY INC SPORTS ENGINE INC IGM TECHNOLOGY CORP DUSTIN CAREY AMANDA HOPE UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 128.00 636.00 65.89 546.00 8,114.75 22,375.00 51.63 39,313.46 280.00 150.00 616.00 37,940.82 51.99 875.96 89.50 3,164.45 30.00 2,000.00 110.00 18,022.45 81,619.19 186.21 1,350.00 2,609.31 1,995.00 1,710.18 37.50 417.24 1,503.82 26,378.00 1,380.00 746.06 1,551.30 5,169.76 758.50 24,000.00 136.15 45.00 44.02 62.39 24.51 88.88 56.99 75.13 32.80 44.79 12.37 51.13 58.95 83.65 268.48 35.46 5.72 69.03 68.49 41.48 55.26 15.71 21.36 35.93 7 TRANS NBR 391522 391523 391524 391525 391526 391527 391528 391529 391530 391531 391532 391533 391534 391535 391536 391537 391538 391539 391540 391541 391542 391543 391544 Grand Total: DATE 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020, 01/23/2020 01/23/2020 01/23/2020 VENDOR UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 122.38 68.31 33.31 38.47 80.33 87.96 129.25 46.40 31.22 83.91 29.20 67.46 90.53 86.85 79.69 63.01 29.38 70.43 7.53 77.83 38.07 24.01 46.29 1,082,489.84 8 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 900272 01/23/2020 NAN MCKAY AND ASSOCIATES INC 239.00 Grand Total: 239.00 9 TRANS. NBR 1016106 1016107 1016108 1016109 1016110 1016111 1016112 1016113 1016114 1016115 1016116 1016117 1016118 1016119 1016120 1016121 1016122 1016123 1016124 1016125 1016126 1016127 1016128 1016129 1016130 1016131 1016132 1016133 1016134 1016135 1016136 1016137 1016138 1016139 1016140 1016141 1016142 1016143 1016144 1016145 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 01/17/2020 01/17/2020 01/17/2020 01/17/2020 01/17/2020 01/17/2020 01/17/2020 01/17/2020 01/17/2020 01/17/2020 01/17/2020 01/17/2020 01/17/2020 01/22/2020 01/22/2020 01/22/2020 01/22/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 01/23/2020 VENDOR WASTE MANAGEMENT INC COMCAST INDIAN RIVER OXYGEN INC DEMCO INC DAVES SPORTING GOODS & TROPHIES ALLIED UNIVERSAL CORP DLT SOLUTIONS LLC COMO OIL COMPANY OF FLORIDA COMPLETE ELECTRIC INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC HYDRA SERVICE (S) INC GUARDIAN ALARM OF FLORIDA LLC EFE INC AT&T CORP OFFICE DEPOT INC WASTE MANAGEMENT INC COMCAST OFFICE DEPOT INC COLD AIR DISTRIBUTORS WAREHOUSE INDIAN RIVER BATTERY DEMCO INC MIKES GARAGE & WRECKER SERVICE INC GALLS LLC MEEKS PLUMBING INC ALLIED UNIVERSAL CORP IRRIGATION CONSULTANTS UNLIMITED INC GROVE WELDERS INC SOUTHERN COMPUTER WAREHOUSE INC FIRST HOSPITAL LABORATORIES INC MIDWEST MOTOR SUPPLY CO HARCROS CHEMICALS, INC. CONSOLIDATED ELECTRICAL DISTRIBUTORS INC SPINNAKER VERO INC SIMS CRANE & EQUIPMENT CO L&L DISTRIBUTORS STAT MEDICAL DISPOSAL INC RADWELL INTERNATIONAL INC NEXAIR LLC PACE ANALYTICAL SERVICES LLC TOSHIBA AMERICA BUISNESS SOLUTIONS INC AMOUNT 3,452.90 101.15 3,811.00 275.95 1,516.00 4,904.80 6,935.75 56.90 735.00 106.42 1,444.90 1,667.75 563.58 4,085.29 34.99 1,204.87 139.90 1,005.91 197.29 1,223.70 119.84 355.00 202.79 153.00 18,996.46 534.76 13.00 8,545.26 1,257.75 495.77 3,024.40 533.98 45.00 599.20 847.00 200.00 166.32 87.47 8,572.75 156.79 78,370.59 10 TRANS NBR 7386 7387 7388 7389 7390 7391 7392 7393 7394 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 01/17/2020 01/17/2020 01/17/2020 01/17/2020 01/17/2020 01/17/2020 01/22/2020 01/23/2020 01/23/2020 VENDOR ATLANTIC COASTAL LAND TITLE CO LLC TOWN OF INDIAN RIVER SHORES CDM SMITH INC KIMLEY HORN & ASSOC INC WRIGHT EXPRESS FSC SCHOOL DISTRICT OF I R COUNTY RX BENEFITS INC VEROTOWN LLC SAVE ON SP LLC AMOUNT 101,846.50 20,755.83 6,066.20 35,266.00 22,107.60 452.82 217,128.80 254,693.43 15,110.50 673,427.68 11 Bu TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: January 30, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS January 24, 2020 to January 30, 2020 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of January 24, 2020 to January 30, 2020. 12 TRANS NBR 391545 391546 391547 391548 391549 391550 391551 391552 391553 391554 391555 391556 391557 391558 391559 391560 391561 391562 391563 391564 391565 391566 391567 391568 391569 391570 391571 391572 391573 391574 391575 391576 391577 391578 391579 391580 391581 391582 391583 391584 391585 391586 391587 391588 391589 391590 391591 391592 391593 391594 391595 391596 391597 391598 391599 391600 391601 391602 DATE 01/24/2020 01/24/2020 01/24/2020 01/24/2020 01/24/2020 01/24/2020 01/24/2020 01/24/2020 01/24/2020 01/24/2020 01/24/2020 01/24/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/28/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 CHECKS WRITTEN VENDOR UNITED WAY OF INDIAN RIVER COUNTY ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT NORTH CAROLINA CHILD SUPPORT ECMC TOTAL ADMINISTRATIVE SERVICES CORP COMMONWEALTH OF MASSACHUSETTS COAST PROFESSIONAL INC COAST PROFESSIONAL INC NATIONAL RECOVERIES INC ACSI PAUL CARONE WILLIE C REAGAN VERO CLUB PARTNERS LTD DAVID SPARKS THE PALMS AT VERO BEACH ARTHUR PRUETT STEVEN RENNICK ROBERT L BRACKETT MISS INC OF THE TREASURE COAST DANIEL CORY MARTIN SHADOWBROOK AT VERO E EDWARD VAANDERING VAL APTS LLC VERO BEACH PLACE LLC GNS REAL ESTATE HOLDINGS LLC HELPING HANDS REAL ESTATE & INVESTMENT CO MAXIPLEX LLC RANDY BETHEL KARL POKRANDT BRANDON ROUER HUDSON CONSULTING & MANAGEMENT LLC PALMETTO PROPERTY MANAGEMENT CORP HAMID SILMANE PAMELA CHAVEZ PHILIPPE ALEXANDER LINDSEY GARDENS CORNELIA H LAHEY CARLINGTON A GOFFE ORCHARD GROVE VENTURE LLC GEORGIA KING LLC BREGO PROPERTIES LLC BCAG LLC SCHMIDT REAL ESTATE FLORIDA EAST COAST LLC INDIAN RIVER COUNTY HEALTH DEPT VICTIM ASSISTANCE PROGRAM ROGER J NICOSIA CITY OF VERO BEACH CITY OF VERO BEACH ST LUCIE COUNTY BOCC FLORIDA GOVERNMENT FINANCE JASON E BROWN RENAISSANCE ORLANDO RESORT PRIMA PETER OBRYAN DISNEY DESTINATIONS LLC TIM ZORC AMOUNT 886.00 299.36 303.42 169.30 105.69 303.35 869.96 154.00 237.76 296.38 176.93 201.57 2,417.00 1,258.00 3,233.00 707.00 1,131.00 756.00 661.00 780.00 1,113.00 1,377.00 657.00 625.00 818.00 2,133.00 491.00 2,929.00 469.00 751.00 747.00 1,325.00 552.00 935.00 750.00 744.00 700.00 807.00 1,126.00 703.00 2,293.00 757.00 1,000.00 249.00 758.00 59,762.91 6,018.16 1,500.00 2,208.00 11,675.00 37,658.83 36.00 420.00 459.00 625.00 124.80 199.00 51.62 13 TRANS NBR 391603 391604 391605 391606 391607 391608 391609 391610 391611 391612 391613 391614 391615 391616 391617 391618 391619 391620 391621 391622 391623 391624 391625 391626 391627 391628 391629 391630 391631 391632 391633 391634 391635 391636 391637 391638 391639 391640 391641 391642 391643 391644 391645 391646 391647 391648 391649 391650 391651 391652 391653 391654 391655 391656 391657 391658 391659 391660 391661 391662 DATE 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 VENDOR QUINTIN BERGMAN MOLLY KLINEPETER BRIAN SULLIVAN MICHAEL R ROBERTSON INTERNATIONAL ASSOC. OF PORT CONSOLIDATED INC FIRE EQUIPMENT SVC OF ST LUCIE INC SUNCOAST WELDING SUPPLIES INC COMMUNICATIONS INTERNATIONAL TEN -8 FIRE EQUIPMENT INC RANGER CONSTRUCTION IND INC VERO CHEMICAL DISTRIBUTORS INC PERERS ENTERPRISES INC LUCAS WATERPROOFING CO LLC RICOH USA INC CHISHOLM CORP OF VERO HENRY SCHEIN INC AT&T WIRELESS DELTA SUPPLY CO GRAINGER KELLY TRACTOR CO SAFETY KLEEN SYSTEMS INC REPUBLIC SERVICES INC MCMASTER CARR SUPPLY CO WILD LAND ENTERPRISES INC HACH CO CLIFF BERRY INC PETES CONCRETE EXPRESS REEL GRINDING INC TIRESOLES OF BROWARD INC UTILITY SERVICE CO INC BAKER & TAYLOR INC BARNEYS PUMP INC MIDWEST TAPE LLC HUDSON PUMP & EQUIPMENT BAKER DISTRIBUTING CO LLC CENGAGE LEARNING INC PALM TRUCK CENTERS INC FLORIDA ASSOCIATION OF COUNTIES INC PING INC CITY OF VERO BEACH CDM SMITH INC UNITED WAY OF INDIAN RIVER COUNTY INDIAN RIVER ALL FAB INC AT&T CORP UNITED PARCEL SERVICE INC PUBLIX SUPERMARKETS UNIVERSITY OF FLORIDA ROGER CLEVELAND GOLF INC ACUSHNET COMPANY INTERNATIONAL GOLF MAINTENANCE INC GEOSYNTEC CONSULTANTS INC ATHENS TECHNICAL SPECIALISTS INC FLORIDA MUNICIPAL INSURANCE TRUST CALLAWAY GOLF SALES COMPANY SUBSTANCE AWARENESS COUNCIL OF IRC INC SUBSTANCE AWARENESS COUNCIL OF IRC INC FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT INDIAN RIVER COUNTY TAX COLLECTOR AMOUNT 172.32 375.00 422.28 600.00 375.00 1,572.42 55.00 185.75 27,394.72 8,175.36 967.73 72.40 1,849.87 14,000.00 182.85 754.00 3,069.71 561.77 54.27 183.71 4,038.85 400.00 475,303.94 39.30 49.50 204.48 286.30 6,200.00 1,100.00 4,224.45 43,079.00 9,623.53 8,925.00 1,185.41 8,755.19 20,166.39 103.46 16.13 200.00 2,470.75 2,226.98 1,360.00 594.94 2,340.00 7,353.19 17.42 84.68 3,306.00 1,969.00 2,736.54 90,792.88 2,405.30 998.47 19,492.20 6,405.92 9,877.85 7,927.93 55,028.47 31,186.97 90.53 14 TRANS NBR 391663 391664 391665 391666 391667 391668 391669 391670 391671 391672 391673 391674 391675 391676 391677 391678 391679 391680 391681 391682 391683 391684 391685 391686 391687 391688 391689 391690 391691 391692 391693 391694 391695 391696 391697 391698 391699 391700 391701 391702 391703 391704 391705 391706 391707 391708 391709 391710 391711 391712 391713 391714 391715 391716 391717 391718 391719 391720 391721 391722 DATE 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 VENDOR AMOUNT TAYLOR MADE GOLF CO INC 4,548.39 STATE ATTORNEY 22,252.74 NEW HORIZONS OF THE TREASURE COAST 26,657.00 GLOBAL GOLF SALES INC 520.59 WASTE MANAGEMENT INC 200,302.93 SUNSHINE STATE ONE CALL OF FL INC 1,130.33 SHERILEE D PARSELL 1,282.50 TREASURE COAST SPORTS COMMISSION INC 5,308.70 JOHN BROWN & SONS INC 19,615.00 CHILDRENS HOME SOCIETY OF FL 2,000.00 CHILDRENS HOME SOCIETY OF FL 6,767.51 BANK OF NEW YORK 1,537.50 BRIDGESTONE AMERICAS INC 1,038.33 TRANE US INC 544.00 VAN WAL INC 60.00 SYNAGRO-WWT INC 98,421.85 DASIE BRIDGEWATER HOPE CENTER INC 7,508.84 THE SHERWIN WILLIAMS CO 213.00 SOUTHERN JANITOR SUPPLY INC 4,007.32 HEVERON GROUP INC 19,039.00 GLOVER OIL COMPANY INC 69,650.48 ORCHID ISLAND PROPERTY MGMT II INC 325.00 JOHNNY B SMITH 100.00 DANE MACDONALD 150.00 REDLANDS CHRISTIAN MIGRANT ASSOC 9,074.22 TRADEWINDS POWER CORP 115,280.00 TREASURE COAST FOOD BANK INC 111.60 YOUTH GUIDANCE DONATION FUND 2,083.33 NICOLACE MARKETING INC 12,237.75 HUBBELL PROPERTIES II LC 107.07 TRACKER SOFTWARE CORPORATION 5,285.00 OVERDRIVE INC 1,784.67 BERMUDA SANDS APPAREL LLC 1,339.43 JOSHUA HARVEY GHIZ 1,125.00 THOMAS C QUINA 450.00 CARROT TOP INDUSTRIES INC 419.02 BURNETT LIME CO INC 3,159.80 SIGNS PLUS NEW IDEAS -NEW TECHNOLOGY INC 1,009.00 TREASURE COAST TURF INC 514.00 STRAIGHT OAK LLC 115.75 DEBORAH CUEVAS 175.00 CHEMTRADE CHEMICALS CORPORTATION 1,308.34 REI ENGINEERS INC 1,845.00 SKECHERS USA INC 335.92 COBRA GOLF INCORPORATED 2,871.21 HAWKINS INC 942.50 ANFIELD CONSULTING GROUP INC 10,000.00 UNIFIRST CORPORATION 927.59 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 812.51 GOTTA GO GREEN ENTERPISES INC 281.47 ADVANCE STORES COMPANY INCORPORATED 39.95 AC VETERINARY SPECIALTY SERVICES 45.00 MATHESON TRI -GAS INC 7,481.32 WILLIS SPORTS ASSOCIATION INC 1,446.88 COLE AUTO SUPPLY INC 2,468.71 BOWMAN CONSULTING GROUP LTD 13,350.00 STUART RUBBER STAMP & SIGN CO INC 82.03 CORE & MAIN LP 276,423.09 JOE PAYNE INC 8,098.48 WOERNER AGRIBUSINESS LLC 560.00 15 TRANS NBR 391723 391724 391725 391726 391727 391728 391729 391730 391731 391732 391733 391734 391735 391736 391737 391738 391739 391740 391741 391742 391743 391744 391745 391746 391747 391748 391749 391750 391751 391752 391753 391754 391755 391756 391757 391758 391759 391760 391761 391762 391763 391764 391765 391766 391767 391768 391769 391770 391771 391772 391773 391774 391775 391776 391777 391778 391779 391780 391781 391782 DATE 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 VENDOR TYKES & TEENS INC EMPIRE PIPE ORLANDO LLC AAG LIVE INC TYCO FIRE & SECURITY MANAGEMENT INC AMAZON CAPITAL SERVICES INC PIRATE PEST CONTROL LLC CALITEN LLC AMERIGAS PROPANE LP THE HOPE FOR FAMILIES CENTER INC JORDAN POWER EQUIPMENT CORP JAMES ROMANEK DEANGELO BROTHERS LLC LIBERTY TIRE RECYCLING LLC MULLINAX FORD OF VERO BEACH APTIM CORP KENNETH FASS JR KYOCERA DOCUMENT SOLUTIONS JENNIFER D JAMES DESK SPINCO INC PIERCE BENDER PGL TRUCKING INC STAPLES INC LOWES COMPANIES INC PEOPLEREADY INC SMI TRADING LLC TEXAS TRAILERS SALES & SERVICE TOTAL GOLF CART LLC KELE INC FLAGSHOOTER INC SCHMIDT REAL ESTATE FLORIDA EAST COAST LLC DEX IMAGING LLC AE TENT LLC BREAKOUT INC DUSTIN SULLIVAN SUZANNE STEINMETZ CAMERON MACIAS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 3,583.34 38,515.68 2,783.18 994.16 2,532.46 803.66 36.61 2,801.80 3,264.39 732.31 175.00 160.00 1,249.46 338.05 434.82 125.00 SOUTHEAST LLC 1,169.34 175.00 1,066.95 275.00 14,024.64 26.00 2,538.39 30,641.20 166.98 15,720.00 171.00 151.14 511.56 500.00 300.00 3,560.95 50.00 150.00 122.43 70.00 1.29 17.16 41.25 64.95 80.42 18.02 62.29 92.85 167.65 85.57 30.98 49.46 48.58 222.35 48.14 87.89 74.40 37.21 17.27 21.64 40.69 76.51 2.40 56.94 16 TRANS NBR 391783 391784 391785 391786 391787 391788 391789 391790 391791 391792 391793 391794 391795 391796 391797 391798 Grand Total: DATE 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 VENDOR UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 47.84 576.56 42.40 43.54 109.93 24.32 66.21 41.03 88.50 42.97 77.59 33.10 3.45 96.55 39.61 28.06 2,163,384.87 17 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 900273 01/30/2020 900274 01/30/2020 900275 01/30/2020 900276 01/30/2020 Grand Total: VENDOR VERO CLUB PARTNERS LTD PELICAN ISLES LP AMAZON CAPITAL SERVICES INC LINDSEY GARDENS AMOUNT 654.00 217.00 485.52 1,377.00 2,733.52 18 TRANS. NBR 1016146 1016147 1016148 1016149 1016150 1016151 1016152 1016153 1016154 1016155 1016156 1016157 1016158 1016159 1016160 1016161 1016162 1016163 1016164 1016165 1016166 1016167 1016168 1016169 1016170 1016171 1016172 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 01/24/2020 01/24/2020 01/29/2020 01/29/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 01/30/2020 VENDOR AT&T CORP POLYDYNE INC AT&T CORP COMCAST PARKS RENTAL & SALES INC HELENA CHEMICAL INDIAN RIVER BATTERY INDIAN RIVER OXYGEN INC RING POWER CORPORATION DEMCO INC MIKES GARAGE & WRECKER SERVICE INC APPLE INDUSTRIAL SUPPLY CO GALLS LLC MEEKS PLUMBING INC IRRIGATION CONSULTANTS UNLIMITED INC SOUTHERN COMPUTER WAREHOUSE INC DLT SOLUTIONS LLC COMO OIL COMPANY OF FLORIDA CONSOLIDATED ELECTRICAL DISTRIBUTORS INC SIMS CRANE & EQUIPMENT CO AUTO PARTNERS LLC STAT MEDICAL DISPOSAL INC HYDRA SERVICE (S) INC NEXAIR LLC EFE INC PACE ANALYTICAL SERVICES LLC TOSHIBA AMERICA BUISNESS SOLUTIONS INC AMOUNT 9,000.53 2,576.00 716.42 156.85 248.42 985.28 1,481.75 136.00 3,431.79 52.50 150.00 507.36 539.80 985.53 93.45 68.37 245.00 345.94 1,148.84 1,177.00 981.26 650.00 4,996.00 347.03 2,370.73 3,064.75 54.90 36,511.50 19 TRANS NBR 7395 7396 7397 7398 7399 7400 7401 7402 7403 7404 7405 7406 7407 7408 7409 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 01/24/2020 01/24/2020 01/24/2020 01/24/2020 01/24/2020 01/24/2020 01/24/2020 01/24/2020 01/24/2020 01/27/2020 01/27/2020 01/27/2020 01/28/2020 01/28/2020 01/29/2020 VENDOR KIMLEY HORN & ASSOC INC KIMLEY HORN & ASSOC INC IRC FIRE FIGHTERS ASSOC TEAMSTERS LOCAL UNION #769 FL SDU RUSSELL PAYNE INC NATIONWIDE SOLUTIONS RETIREMENT INC NATIONWIDE SOLUTIONS RETIREMENT INC TOTAL ADMINISTRATIVE SERVICES CORP HUMANE SOCIETY SENIOR RESOURCE ASSOCIATION IRS -PAYROLL TAXES WEST HEALTH ADVOCATE SOLUTIONS INC WEST HEALTH ADVOCATE SOLUTIONS INC COALITION FOR ATTAINABLE HOMES INC AMOUNT 8,302.00 2,262.48 9,508.44 5,236.00 6,084.08 82,452.55 5,523.41 58,039.01 12,165.09 20,290.00 368,927.00 443,000.96 1,944.65 1,513.05 1,303.00 1,026,551.72 20 MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: January 31, 2020 SUBJECT: Resolutions Cancelling Taxes on Properties Acquired by Indian River County for Public Purposes Resolutions have been prepared for the purposes of earmarking the public use of the properties and cancelling any delinquent, omitted or current taxes which may exist on the following properties acquired by Indian River County: 1. Public Purpose: Right -Of -Way Location/Description: Tommy Lasorda Drive Purchased From: VBMINIG, LLC, a Florida limited liability company Instrument: Special Warranty Deed, recorded in Book 3269, Page 928 and Quit Claim Deed, recorded in Book 3269, Page 931 2. Public Purpose: Reclaimed Water Storage for West Regional Wastewater Treatment Facility Location/Description: 33-38-14-00001-0090-00001.0 and 33-38-14-00001-0160-00001.0 Purchased From: Premier Citrus, L.L.C., a Florida limited liability company Instrument: Warranty Deed, recorded in Book 3270, Page 91 21 3. Public Purpose: Location/Description: Purchased From: Instrument: Right -Of -Way for 1 1th Drive Part of Parcels 32-39-26-00000-7000-00001.7 and 32-39-25-00000-5000-00003.4 The Virginia W. Russell Family Limited Partnership, a Florida limited partnership Right Of Way Deed, recorded in Book 3256, Page 1825 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 acquired by Indian River County for a public purpose, and the Clerk to send a certified copy of each Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. 22 deeded by VBMINIG, LLC, a Florida limited liability company public purpose: right-of-way (Tommy Lasorda Lane) tax parcel #32-39-26-00011-0210-00001.3 RESOLUTION NO. 2020- 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 23 to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were deeded to Indian River County by VBMINIG, LLC, a Florida limited liability company for right-of-way (Tommy Lasorda Lane), are hereby cancelled pursuant to the authority of section 196.28, F.S. See Special Warranty Deed and Quit Claim Deed describing lands, recorded in O.R. Book 3269, Page 928, and O.R. Book 3269, Page 931, respectively, 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 Susan Adams, Chairman Commissioner Joseph E. Flescher, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this 11th day of February, 2020. 24 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Susan Adams, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ -0- Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 25 Purchased from Premier Citrus, L.L.C., a Florida limited liability company public purpose: for reclaimed water storage for West Regional Wastewater Treatment Facility tax parcels #33-38-14-00001-0090-00001.0 and #33-38-14-00001-0160-00001.0 RESOLUTION NO. 2020- 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 26 to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Premier Citrus, L.L.C., a Florida limited liability company, for reclaimed water storage for West Regional Wastewater Treatment Facility, are hereby cancelled pursuant to the authority of section 196.28, F.S. See warranty deed describing lands, recorded in O.R. Book 3270, Page 91, 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 Susan Adams, Chairman Commissioner Joseph E. Flescher, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this 11th day of February, 2020. 27 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Susan Adams, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Bv: Deputy Clerk Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ 4,838.18 Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 28 acquired from The Virginia W. Russell Family Limited Partnership, a Florida limited partnership public purpose: for 11th Drive right-of-way part of tax parcels #32-39-26-00000-7000-00001.7 and #32-39-25-00000-5000-00003.4 RESOLUTION NO. 2020- 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 29 to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were acquired by Indian River County from. The Virginia W. Russell Family Limited Partnership, a Florida limited partnership, for 11th Drive right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Right Of Way Deed describing lands, recorded in O.R. Book 3256, Page 1825, 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 Susan Adams, Chairman Commissioner Joseph E. Flescher, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this 11th day of February, 2020. 30 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Susan Adams, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ -0- Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 31 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: THROUGH:. FROM: SUBJECT: Jason E. Brown, County Administrator Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E, PMP, Assistant Public Works Director Kirstin Leiendecker, P.E., Project Engineer Jungle Trail Shoreline Stabilization Project (IRC -1823) Release of Retainage and Change Order No. 1 DATE: January 9, 2020 DESCRIPTION AND CONDITIONS On July 16, 2019, the Board of County Commissioners awarded Bid No. 2019050 to XGD Systems, LLC in the amount of $225,335.74 for the stabilization of Jungle Trail Road along the eastern shoreline of the Indian River Lagoon. Change Order No. 1 makes final adjustments to contract bid items resulting in a decrease to the total contract amount by $47,101.86 for a final cost of $178,233.88. XGD Systems, LLC has successfully completed the project and has been paid $169,322.19 with $8,911.69 held in retainage. XGD Systems, LLC has submitted Contractor's Application for Payment No. 1823-5 for release of retainage in the amount of $8,911.69. Once final release of liens from all XGD Systems, LLC subcontractors have been received, reviewed and approved, final payment will be processed. FUNDING Funding is budgeted and available from Secondary Roads/Road Stabilization/Jungle Trail Shoreline/ Retainage — XGD Systems/Account No. 109-206000-18022 in the amount of $8,911.69. RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 1823-5 to XGD Systems, LLC in the amount of $8,911.69 for release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Change Order No. 1 2. Description of Itemized Changes 3. Contractor's Application for Payment No. 1823-5 APPROVED AGENDA ITEM FOR FEBRUARY 11, 2020 32 SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: February 11, 2020 EFFECTIVE DATE: February 11, 2020 OWNER: Indian River County CONTRACTOR XGD SYSTEMS, LLC Project: JUNGLE TRAIL SHORELINE STABILIZATION PROJECT OWNER's Project No. IRC -1823 OWNER'S Bid No. 2019050 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustment to bid line items in order to finalize the contract amount and release retainage to the Contractor. Attachment: Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $225,335.74 Net increase (decrease) this Change Order: Substantial Completion: Final Completion: Net decrease of this Change Order: $47,101.86 (days or dates) 60 90 Contract Price with all approved Change Orders: $178,233.88 ACCEPTED: By: XGD Systems, LLC CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: Substantial Completion: Final Completion: (days) 60 90 Net increase (decrease) this Change Order: Substantial Completion: Final Completion: (days or dates) 0 0 Contract Time with all approved Change Orders: Substantial Completion: Final Completion: (days or dates) 60 90 RECOMMENDED: By: Kirstin Leiendecker, PE Project Engineer ENGINEER (Signature) Date: APPROVED: By: Richard B. Szpyrka, PE Public Works Director OWNER (Signature) Date: 33 CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: JUNGLE TRAIL SHORELINE STABILIZATION PROJECT NO. IRC -1712 BID NO. 2019050 Item No. Description Unit Quantity Unit Price Price Increase Price Decrease WCD 1 RIP RAP RUBBLE ADJUSTMENT LS 1 20,136.74 20,136.74 530-3-3 RIP RAP (RUBBLE - 2' DIA LIMESTONE) TN 469.0000 79.40 37,238.60 FA FORCE ACCOUNT LS 1 30,000.00 30,000.00 SUBTOTALS 20,136.74 67,238.60 JUNGLE TRAIL SHORELINE STABILIZATION TOTAL $47,101.86 34 C:\Granicus\Leg ista r5\L5\Tem p\190aca90-775a-4219-9898-c249, 7,771 b9 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., Asst. Public Works Director SUBJECT: Work Order No. 31, Kimley-Horn and Associates, Inc. 66th Avenue and 8th Street Intersection Signalization (IRC -2002) DATE: February 4, 2020 DESCRIPTION AND CONDITIONS On April 17, 2018, the Board of County Commissioners approved the Continuing Consulting Engineering Service Agreement for Professional Services with Kimley-Horn and Associates, Inc. The purpose of Work Order No. 31 is to provide survey, geotechnical, design and permitting services to add traffic signal mast arm assemblies, pedestrian crosswalks, sidewalks with ADA compliant ramps and associated drainage improvements at the intersection of 66TH Avenue and 8th Street. Work Order No. 31 is for a total lump sum amount of $54,645.00. FUNDING Funding is budgeted and available in Traffic Impact Fees — District 3 Road Improvements/Traffic Signals/8th Street & 66th Avenue Signal Installation (Account No. 10215341-066440-20015) in the amount of $54,645.00. RECOMMENDATION Staff recommends approval of Work Order No. 31 to Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairman to execute Work Order No. 31 on their behalf for a lump sum amount of $54,645.00. ATTACHMENTS Work Order No. 31 AGENDA ITEM FOR.FEBRUARY 11, 2020 35 WORK ORDER NUMBER 31 66TH AVENUE AND 8TH STREET— TRAFFIC SIGNALIZATION Project Number: IRC -2002 This Work Order Number 31 is entered into as of this _ day of , 2020, 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 KIMLEY-HORN AND ASSOCIATES, 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. EXHIBIT A — SCOPE OF WORK 66th Avenue & 8th Street Signalization - Mast Arm Assembly The COUNTY desires to improve the intersection by installation of a mast arm traffic signal, pedestrian crosswalks and curb ramps, including sidewalk ramps and landings, associated signage and miscellaneous pavement markings as needed. It is understood that the COUNTY will provide the geotechnical investigation findings necessary to support the foundation design calculations. A. Topographic Design Survey: The Consultant shall provide topographic design survey services necessary to support and facilitate contemplated design and permitting activities associated with this project. This task will consist of the preparation of digital base map topographic surveys in accordance with the Florida Minimum Technical Standards set forth by the Florida Board of Professional Surveyors in Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. 1Page 36 B. Geotechnical Investigation: The geotechnical investigation will include four (4) Standard Penetration Test (SPT) borings to a depth of 35 feet using a procedure similar to the Standard Penetration Test outlined in ASTM D-1586. The SPT borings will be drilled at the four corners of the intersection in accessible locations as close as possible to the proposed mast arm foundations. The SPT borings will be sampled at 18 -inch or 24 -inch intervals to 10 feet deep and at 5 -foot intervals below 10 feet. ,Each sample will be removed from the sampler in the field and then examined and visually classified by our crew chief. Representative portions will be sealed and packaged for transportation to our laboratory forfurther analysis as required. Water level observations will be made in the boreholes during the drilling operation. For the purposes of this proposal, we have assumed that maintenance -of -traffic (MOT) will not be required to perform the soil borings. LABORATORY TESTING Routine laboratory visual classification will be performed along with specific classification tests deemed necessary (i.e., sieve analysis, Atterberg limits and organic contents). All laboratory tests will be performed in general accordance with applicable ASTM standards. ENGINEERING ANALYSIS AND REPORT Engineering analysis of all data obtained will be made to evaluate general subsurface conditions, and to provide the soil parameters listed above for structural verification of the standard FDOT mast arm pole design. C. Signalization Plans: The COUNTY desires to prepare traffic signalization plans associated with the 66th Avenue/ 8th Street intersection. It is understood that the proposed signalization improvements will consist of a mast arm traffic signal assembly at the subject intersection which will be designed to meet current IRC and FDOT standards. The plans will include the design and layout of proposed signal poles, signal heads, video detection, conduit, and pull boxes. The plans will include all call outs, controller timing chart, signal head details, sign details, controller notes, signal operating plan, overhead street name sign design details, pole schedules, tabulation of quantities. The set of plans will include the following sheets: key sheet; tabulation of quantities; general notes; plan sheet; sign work sheets (if necessary) and mast arm assemblies' data tables. 37 The set of plans shall consist of the following: Notes: (P) -Preliminary, (S) -Substantially Complete, (F) -Final The final design plans will be prepared in accordance with the Indian River County and Florida Department of Transportation (FDOT) standards to provide all elements necessary toaccommodate the scope of work. This effort will include at a minimum; Key Sheet, General Notes Sheet, Plan Sheets, Cross Section Sheets, Erosion Control Sheets, Signalization Sheets, Opinion of Probable Construction Cost and other detail sheets as necessary to produce the construction bid plans. The following additional data shall be utilized for development of the plans: 1. The roadway plans sheets will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. 2. Plan sheets shall depict existing right-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's, PT's, curve radius, curve length and horizontal Pi's shall be included on the Plan or summarized in an alignment table. 3. Signing and Pavement Markings will be included within the Construction Documents. All signing and pavement markings are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard .Specifications, Indexes, and COUNTY standards. 38 40% 80% 100% Cover Sheet P 5 F General Notes/ Legend P 5 F Tabulation of Quantities/ General P S F Roadway Plan Sheets P S F Signing & Pavement Marking Plans P S F Signalization and Pay Item Notes P S F Signalization Plans P S F Fiber Optic Plan P S F Standard Mast Arm Tabulation P 5 F Standard Mast Arm Assemblies Data Table P S F Sign Details P S F Construction Cost Estimate and Quantities P S F Notes: (P) -Preliminary, (S) -Substantially Complete, (F) -Final The final design plans will be prepared in accordance with the Indian River County and Florida Department of Transportation (FDOT) standards to provide all elements necessary toaccommodate the scope of work. This effort will include at a minimum; Key Sheet, General Notes Sheet, Plan Sheets, Cross Section Sheets, Erosion Control Sheets, Signalization Sheets, Opinion of Probable Construction Cost and other detail sheets as necessary to produce the construction bid plans. The following additional data shall be utilized for development of the plans: 1. The roadway plans sheets will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. 2. Plan sheets shall depict existing right-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's, PT's, curve radius, curve length and horizontal Pi's shall be included on the Plan or summarized in an alignment table. 3. Signing and Pavement Markings will be included within the Construction Documents. All signing and pavement markings are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard .Specifications, Indexes, and COUNTY standards. 38 4. Plans shall include spot grades adequate to describe any proposed grading. 5. Match lines shall not be located within the limits of an intersection. 6. If applicable, soil boring information shall be plotted on cross sections with soil classification and high season water table. 7. All quantities shall reference FDOT Pay Item Numbers. 8. All details shall reference FDOT Index Numbers, where applicable. 9. All specifications shall reference the FDOT Specifications for Road and Bridge Construction. Any deviations or special specifications not included in FDOT Specifications will be provided in the Technical Specifications. 10. Initial (40% completion), interim (80% completion) and Final Plan (100% completion) Submittal shall include the following: i. Three (3) Sets Plans. ii. One (1) Opinion of Probable Construction Cost iii. One (1) CD with drawings in PDF format. The Consultant will be responsible for producing an opinion of probable cost (OPC) estimate and reviewing and updating the OPC when scope changes occur and/or at designated milestones of the project. A Summary of Pay Items sheet shall be prepared with all required Initial (40%), Interim (80%) and Final Plan (100%) submittals. The Final Plans will be provided signed and sealed. The plans will be prepared based upon English units. The design will be conducted in MicroStation and Geopak. The Final Plans will be provided in Autodesk Civil 3D format. D. Signing and Pavement Marking Plans: Signing and Pavement Marking plans shall include: Preparation of the plan layout, key map, quantities (including signing and pavement marking quantity), tabulation of quantities, and detail of major signs. Plans are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and shall be accurate, legible, complete in design and drawn at the same scale as the Roadway Plans, furnished in reproducible form. 39 E. Franchise Utility Coordination: The Consultant will coordinate with franchise utility operators in the vicinity of the project such that the proposed construction activities can be developed to minimize impacts to existing utilities located within the project limits. Franchise utility adjustments, designed by the respective franchise utility, will be requested by the Consultant and reflected within the prepared construction documents. The Consultant will coordinate with the electrical service provider relative to the location and infrastructure required to accommodate the proposed power supply location. 40 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: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Topographic Design Survey $ 5,400 Geotechnical Investigation $ 4,165 Signalization Plans $ 24,700 Signing and Marking Plans $ 12,280 Franchise Utility Coordination $ 8,100 Project Total $ 54,645 (THE REMAINDER OF THIS PAGE I5 INTENTIONALLY BLANK) 41 EXHIBIT C — TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately six (6) months from the Notice to Proceed (NTP). NTP contingent upon BOCC approval Initial Submittal (40% Design Drawings) 2 months following NTP Interim Submittal (80% Design Drawings) 4 months following NTP Final Submittal (100% Design Drawings) 6 months following NTP (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 42 IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: KIMLEY-HORN AND ASSOCIATES, INC. By: By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Brian Good, P.E. Susan Adams, Chairman Title: Senior Vice President. 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 William K. DeBraal, Deputy County Attorney 43 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT DATE: January 28, 2020 TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Board Approval for Adopt -A -Roadway and Adopt-A-Stormwater Park Programs DESCRIPTION AND CONDITIONS The County has administered an Adopt -A -Road program since 1993. Various civic groups, churches, educational organizations and homeowner's associations are currently part of or have been part of this program to pick up litter along collector and arterial roadways within the County. The County incurs the cost to fabricate and install the signs at the adopted 1 -mile stretch of roadway identifying the organization that has adopted the roadway and also provides the necessary safety equipment for the groups. The estimated total cost per group is $350.00. Currently there are approximately 30 roadway locations adopted. Recently, Public Works staff was approach about adopting the Osprey Acres Stormwater Park to perform litter removal to keep the park clean and three other organizations have expressed interest in adopting a roadway. Staff is requesting that the Board reaffirm the Adopt -A -Roadway program, authorize the inclusion of an Adopt-A-Stormwater Park as part of the program, and to reaffirm the authorization of the Public Works Director to enter into agreements, on the Boards behalf, with interested individuals and organizations for Adopt -A -Road and/or Adopt-A-Stormwater programs. FUNDING Funding for the purchase and installation of signage will come from Transportation Fund/Stormwater/Other Operating Supplies Account # 11128138-035290 or Transportation Fund/Traffic Engineering/ Other Operating Supplies Account #11124541-035290. RECOMMENDATION Staff recommends the Board of County Commissioners approve the addition of an Adopt-A-Stormwater Park to the program, continue the existing County Adopt -A -Roadway program, and reaffirm the authorization of the Public Works Director to enter into agreements, on the Boards behalf, ATTACHMENTS Adopt A Roadway Contract and Adopt Stormwater Park Resolution APPROVED AGENDA ITEM FOR February 11, 2020 44 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING ADOPT A ROADWAY AND ADOPT A STORMWATER PARK PROGRAMS AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO AGREEMENTS FOR THOSE PROGRAMS WHEREAS, the Indian River County Public Works Department has administered the Adopt -A -Road program since 1993, whereby various civic groups, churches, educational organizations, individuals and homeowner's associations have volunteered to pick up litter along County maintained collector and arterial roadways; and WHEREAS, in exchange for voluntary litter pick up, the County fabricates and installs signs bearing the name of the volunteer group at the adopted 1 -mile stretch of roadway and supplies the necessary safety equipment for the groups; and WHEREAS, currently there are approximately 30 roadway locations adopted within the County and the estimated total cost per group is $350.00, however, that cost is outweighed by the savings realized by the County as Public Works employees can dedicate time to tasks other than litter control; and WHEREAS, there are three new organizations interested in adopting a roadway and one group seeking to adopt a Stormwater Park in Indian River County; and WHEREAS, the Board desires to encourage participation in the Adopt a Roadway and Adopt a Stormwater Park in order to keep these communities free of litter and to instill pride in neighborhoods. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. The Board hereby approves the addition of Adopt a Stormwater Park to the Adopt a Roadway program. 2. The Public Works Director is hereby authorized to enter into agreements on behalf of the Board with interested individuals and organizations for the Adopt a Roadway and Adopt a Stormwater Park programs, said agreements to be approved in advance by the County Attorney's Office. 45 The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the Resolution duly passed and adopted this day of , 2020. Attest: Jeffrey R. Smith, Clerk of INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS By By Deputy Clerk Susan Adams, Chairman Approved: Jason Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 46 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: FROM: DATE: Tad Stone, Director Department of Emergency Services Erin Baskins, Staff Assistant IV Department of Emergency Services January 29, 2020 SUBJECT: Request of Name Change from Cleveland Clinic Martin Health for Current Class B Certificate of Public Convenience and Necessity It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. Background: On October 1, 2019, the Board approved a Class B Certificate of Public Convenience and Necessity to provide Non -Emergency ambulance inter -facility medical transports at the ALS/BLS level for Cleveland Clinic Martin Health. On January 16, 2020 an application was submitted for a name change from Cleveland Clinic Martin Health to Cleveland Clinic Advanced Medical Transport. All other information and requirements that were provided during the initial application process remained the same. Recommendation: Staff recommends the Board of County Commissioners approve the name change and issue a new Class "B" COPCN certificate to Cleveland Clinic Advanced Medical Transport. Attachments: 1. Updated application reflecting name change 47 INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES APPLICATION FOR CERTIFICATE OF PUBLIC. CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME: Cleveland Clinic Martin Health DATE: 1/16/2020 APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ❑ This is a new application; fee is attached. ❑ This is a renewal of our present COPCN. ❑D This is a renewal of our present COCPN with ownership or classification changes. I. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A 0 ❑BLS FALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B ® EIBLS ZALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C 0 ❑BLS UALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D 0 f IBLS nALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. Class E 0 [lWheelchair Wheelchair/Stretcher [1 Ambulatory Transport Agencies that provide wheelchair transportation service only where said services are paid for in part or in whole either directly or indirectly with government funds. Class El 0 OWheelchair Wheelchair/Stretcher DAmbulatory Transport Agencies that provide wheelchair vehicle service where said services are not paid for in part or in whole either directly or indirectly with government funds. 48 II. COMPANY DETAILS 1. NAME OF AMBULANCE SERVICE: Cleveland Clinic Advanced Medical Transport MAILING ADDRESS: P.O. BOX 9010 CITY Stuart COUNTY Martin ZIP CODE: 34995 BUSINESS PHONE: 772-223-5945 Ext. 17028 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): Not -For -Profit Hospital 3. MANAGER'S NAME: Steve Wolfberg NAME See Attached ADDRESS: P.O. Box 9010 Stuart, Florida 34995 PHONE #: 772-223-6848 PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): ADDRESS POSITION 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE # William Schobel, Fire Chief 800 SE Monetery Rd. Stuart Florida 772-288-5710 Brian Blizzard, Asst. Fire Chief 5160 NW Milner Dr. PSL Florida 772-621-3400 Vince Felicione, Fire Chief 800 Martin Luther King Jr. Blvd Stuart Florida 772-600-1287 49 FUNDING SOURCE: Transport Revenue 7. RATE SCHEDULE ATTACHED? YES 0 NO ❑ N/A V1 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB -STATIONS: 2150 SE Salerno Rd. Suite 108, Stuart FI 34997 10000 Innovation Way Port St. Lucie Florida 34987 1000 36th Street Vero Beach Florida 32960 1095 St. Lucie West Blvd. Port St. Lucie FL 34986 III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: Motorola CM200, CM 300d and PM1500 Two Way Mobile Radios. 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) UHF 450-470 mhz Base- N/A Statewide Commercial Radio System Mobiles -616, 617, 622, 624, 625, 626, 627, 628, 629 cont. 630, 631 and 632 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE All Licensed Emergency Departments via EMS Med. 8 None FROM BASE STATION 50 IV. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH THIS APPLICATION: 1. Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. 2: Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered. 3. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4. Copy of Standard Operating Procedures. 5. Copy of Medical Protocols. 6. Copy of your insurance policy — must show coverage limits — 7. Vehicle Information. For each vehicle provide the following: a. Make, Model, Year, Manufacturer b. Mileage c. VIN # d. Tag Number e. Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A -D classification) 8. Personnel Roster. For each employee provide the following: a. Name — Last, First and Middle Initial b. Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. 9. Fee Schedule Including: Service Type, Base Rate, Mileage, Waiting and Special Charges 51 v. NOTARIZED STATEMENTS Fill in Statements as applicable. E or El APPLICANTS I, , the representative of Applicant Name , do hereby attest that the Business Name of Service above named service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair. Services. A -D APPLICANTS. Christopher Soska, Chief Operating Officer, the representative of Applicant Name Cleveland Clinic Advanced. Medical Transport, do hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7 -day. week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knowledge, all statements on this application are true and correct. APPLICANT SIGNATURE DATE Before me personally appeared the said who says that he/she executed the above instrument of his/her own free will and accord, with full knowledge of the purpose thereof. Sworn and subscribed in my presence this day of , 201_. My commission expires: NOTARY PUBLIC 52 111 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 31, 2020 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid# 2020023 — North County Aquatic Center Scoreboard Repairs and Updating BACKGROUND: On behalf of the Recreation Division, sealed bids were requested for the refurbishment and upgrade of the competition pool's LED scoreboard located at the North County Aquatic Center (NCAC). The existing scoreboard was installed in 2009 and is no longer fully operational or repairable. The upgrades will include new LEDs and video. BID RESULTS: Advertising Date: Bid Opening Date: Broadcast to: Bid Documents Downloaded by: Replies: December 19, 2019 January 15, 2020 163 Vendors 6 Vendors 1 Vendor Elm Location TotaljBid[I rice Video Screen USA, Inc. New Port Richey $49,875 ANALYSIS: The Recreation Division allocated $50,000 for the project in the current budget and has recommended award to Video Screen USA, Inc. as the lowest, responsive and responsible bidder. SOURCE OF FUNDS: Funding in the amount of $49,875 is available in the Other Improvements Except Building (31521072-066390) account in the Optional Sales Tax Fund. 53 RECOMMENDATION: Staff recommends that the Board award bid 2020023 to Video Screen USA, Inc., approve the sample agreement and authorize the Chairman to execute said agreement after the County Attorney has approved the agreement as to form and legal sufficiency, and receipt and approval of the required insurance. Attachment: Sample Agreement 54 Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Video Screen USA, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: North County Aquatic Center scoreboard repairs and updating ARTICLE 2 -THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: North County Aquatic Center Scoreboard Repairs and Updating Bid Number: 2020023 Project Address: 9450 CR 512, Sebastian, FL 32958 ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final. Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 90th day after the date when the Contract Times commence to run. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial Toss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual Toss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,148.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. 55 ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.6, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $49,875 Written Amount: Forty-nine thousand, eight hundred seventy-five dollars ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 56 A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to 8, inclusive); (2) Notice to Proceed; (3) Certificate(s) of Liability Insurance; 57 (4) Invitation to Bid 2020023; (5) CONTRACTOR'S Bid Form (pages 13 to 14 of 34, inclusive); (6) Bid Bond (pages 1 to 3, inclusive); (7) Drug Free Workplace Form (page 15 of 34); (8) Affidavit of Compliance (page 16 of 34); (9) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 17 to 18 of 34, inclusive); (10) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 19 of 34); (11) Certification Regarding Lobbying (page 20 of 34); (12) Warranty Information Form (page 21 of 34); (13) Warranty No:120011401 Dated 01/14/2020 (page 1 of 1) (14) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns 58 A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. 59 B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 —TERMINATION OF CONTRACT (Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative,contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. All contracts in excess of $10,000 must address termination for cause and for convenience by the non - Federal entity including the manner by which it will be effected and the basis for settlement.) A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any 60 further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. 61 This Agreement will be effective on , 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: Susan Adams, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: By: (Contractor) Attest (CORPORATE SEAL) Address for giving notices: License No. (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: David Smith Designated Representative: Title: NCAC Manager Name: Address: 9450 CR 512, Sebastian, FL 32958 Title: Phone: 772-581-7665 Address: Email: dsmith@ircgov.com Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 62 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 31, 2020 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid# 2020022 — North County Aquatic Center Activity Pool Resurfacing BACKGROUND: On behalf of the Recreation Division, sealed bids were requested for the resurfacing of the activity pool located at the North County Aquatic Center (NCAC). The pool was built in 2002 and last resurfaced in 2011. The pool is now showing pitting and cracking and needs resurfacing again. BID RESULTS: Advertising Date: Bid Opening Date: Broadcast to: Bid Documents Downloaded by: Replies: December 19, 2019 January 15, 2020 236 Vendors 12 Vendors 3 Vendor [Firm Location IT to aIIid Pri�c' 1 Family Pools, Inc. Port St. Lucie $65,730 Aquatic Surfaces of the Treasure Coast, Inc. Stuart $73,775 Vermana Orlando $98,460 ANALYSIS: The Recreation Division allocated $90,000 for the project in the current budget and has recommended award to Family Pools, Inc. as the lowest, responsive and responsible bidder. SOURCE OF FUNDS: Funding in the amount of $65,730 is available in the NCAC Maintenance Except Buildings (00410472-034660) account in the MSTU Fund. 63 RECOMMENDATION: Staff recommends that the Board award bid 2020022 to Family Pools, Inc., approve the sample agreement and authorize the Chairman to execute said agreement after the County Attorney has approved the agreement as to form and legal sufficiency, and receipt and approval of the required insurance. Attachment: Sample Agreement 64 Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) And Family Pools, Inc., (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: North County Aquatic Center Pool Resurfacing ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: North County Aquatic Center Activity Pool Resurfacing Bid Number: 2020022 Project Address: 9450 CR 512, Sebastian, FL 32958 ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 60th day after the date when the Contract Times commence to run. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,148.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. 65 ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.6, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $65,730 Written Amount: Sixty-five thousand, seven hundred thirty dollars ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. 66 B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and. Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to 8, inclusive); (2) Notice to Proceed; (3) Certificate(s) of Liability Insurance (4) Invitation to Bid 2020022 67 (5) Addendum 1; (6) CONTRACTOR'S Bid Form (pages 13 to 14 of 37, inclusive); (7) Bid Bond (pages 1 and 2, inclusive); (8) Drug Free Workplace Form (page 15 of 37); (9) Affidavit of Compliance (page 16 of 37); (10) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 17 and 18 of 37, inclusive); (11) Bidder's Questionnaire (pages 19 to 21 of 37, inclusive); (12) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 22 of 37); (14) Certification Regarding Lobbying (page 23 of 37); (15) Warranty Information Form (page 24 of 37); (16) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 68 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. 69 B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 10: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may. authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; 70 (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List,created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in. Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and CONTRACTOR have : signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. 71 This Agreement will be effective on , 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Susan Adams, Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller License No. Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Designated Representative: Title: Name: Address: Title: Phone Address: Email Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 72 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 3, 2020 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Designation of Excess Equipment as Surplus BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. As previously authorized by the Board, the items will either be sold by online auction or held in storage for a future live auction. The funds received from the sale of these items will be returned to the appropriate accounts. FUNDING: There is no cost to the County associated with this request. RECOMMENDATION: Staff recommends the Board declare the items on the Excess Equipment List for the February 11, 2020 Agenda as surplus, and authorize their sale and/or disposal, as indicated. ATTACHMENT: Excess Equipment List for the February 11, 2020 Agenda 73 Dept # Asset Description VIN/Serial Working y/n 109 22194 Dell Poweredge 1800 Server 3DWK361 Y 109 23038 Dell 3400 MP LCD Projector DST6081 Y 109 25170 Dell Optiplex 760 PC 72HBJG1 Y 109 4 Various Tables (2 lounge, 1 folding, 1 rectangular) 4 Red Chairs, 2 Table Carts Y 201 26977 Dell Optiplex 7010 Computer (tower) Service Tag: B2K7BY1 N 202 23003 2006 John Deere 757 Z-TRAK/60" mowing deck TC0757B045878 N 202 24883 2008 John Deere 757 Z-TRAK/60" mowing deck 75067500 N 202 24884 2008 John Deere 757 Z-TRAK/60" mowing deck 75067233 N 202 24885 2008 John Deere 757 Z-TRAK/60" mowing deck 75067248 N 202 135240 Metal Table Desk with Return N 202 65 Oak and Fabric Desk Chairs N 202 24 Black Metal Book Trucks Y 217 25607 Dell Optiplex 780 Y 217 25608 Dell Optiplex 780 Computer 4MWHVL1 Y 217 27523 Dell Optiplex 7010 Computer Y 217 27532 Dell Optiplex 7010 Computer Y 217 27592 Dell Optiplex 3020 Computer 77ZEK02 Y 217 Dell Optiplex 3020 Computer DT11W12 Y 217 Dell Optiplex 3020 Computer DT1GV12 Y 217 Dell Optiplex 170L 4G6H961 Y 217 Dell Monitor CN-0FP816-74261-7B7-1L45 Y 217 Dell Monitor CN-OFJ44J-74445-3CK-BJES Y 217 Dell Monitor CN-OFJ44J-7445-3CIV-CB75 Y 217 Dell Monitor CN-04JNJ2-64180-9AU-007L Y 217 Dell Monitor CN-ODC323-71618-71F-AH1K Y 217 Dell Monitor CN-ODC323-71618-647-A264 Y 217 Dell Monitor CN-04JNJ2-64180-9AU-0086 Y 235 23425 Power Edge 2850 Server 7D972B1 Y 235 23426 Power Edge 2850 Server 8D972B1 Y 241 20912 Optiplex GX260 CS 1881 N 241 21377 Dell Poweredge 2600 3T37Y21 N 241 21861 Watchguard Firebox 808204470-DA94 N 241 23052 Dell Optiplex GX520 GKQVS91, CS TAD:2350 N 241 23421 Dell PowerEdge 2850 57W9Y91 N 241 23995 Netgear 12 Port Switch GSM7212 1CU27238000BA N 241 23997 Netgear 12 Port Switch GSM7212 1CU1673X00004 N 241 24002 Netgear Switch 12 Port GSM7212 1CU26C3R00082 N 241 24005 48 Port Prosafe GSM7248 2AD31C53000DC Y 241 24178 Netgear 24 Port Switch 1CV26C3E002A4 Y 241 24472 Netgear 24 Port 1MT1755BOO11D, CS# 2653 N 241 24473 Netgear 24 Port 1MT1755A0011C, CS# 2653 N 241 28361 Netgear 24 Port Prosafe Switch XSM72245 2ER5565LF0050 N 241 29362 Netgear Prosafe 2WER55655F0047, CS# 3192 N 241 24 Port Netgear 1CV2753D000CE Y 242 22298 Konica Minolta Copier KM -2050 N 250 24344 Dell Optiplex 745 with Monitor 9218595, CQ1PZD1 Y 250 24825 Dell Server Precision Computer Tower with Monitor 9218595, CQ1PZD1 Y 300 7630 Lanier (microfilm scanner) retired as of 2008 BCC Tag 7630 IRC Tag 100001442 N 300 10595 3M 222 Density Meter for Microfilm BCC Tag 10595 IRC Tag: 10001296 N 300 12216 Canon NP Printer 680 (Microfilm) 33201128 N 300 22176 Laptop Computer Dell Inspiron 8600 IY5GR51 Y 300 22985 Laptop Computer Dell Latitude D510 81THV81 Y 74 Dept # Asset Description VIN/Serial Working Y/n 300 24483 Laptop Computer Dell Inspiron 1501 77H0JD1 Y 400 24690 CANNON COPIER Y 400 24692 CANNON COPIER Y 400 24699 HP LASERJET 4350TN Y 400 1591110 ' IBM SERVER / NO DRIVES / TAPE MOUNT KIT RS6000 Y 400 LASERJET M1212NT/ MFP Y 400 DELL OPTI 790 / NO DRIVE IQ661R1 Y 400 DELL OPTI 790 / NO DRIVE 6VY6KNI Y 400 CISCO SWITCH - CATALYST 3500 Y 400 BROTHER COPIER MFCJ825DW Y 400 5 DELL VOSTRO COMPUTER / NO DRIVE Y 400 3 SAMSUNG TONER . 3560DB Y 400 3 DELL SWITCH 2824 Y 75 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Bill Schutt, AICP; Chief, Long Range Planning FROM: Matt Kalap, Long -Range Planner DATE: January 31, 2020 RE: CEMEX Construction Materials Florida, LLC Request to Rezone +/-6.13 Acres from A-1 to IG; +/-15.85 Acres from A-1 to CH; and +/- 4.78 Acres from IG to CG (RZON96020133-85706) [Quasi -Judicial] It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of February 11, 2020. DESCRIPTION AND CONDITIONS This is a request from CEMEX Construction Materials Florida, LLC, the owners of the subject properties, to rezone ±6.13 acres (Property 1) located north of 53rd Street and west of the Florida East Coast Railway and the existing CEMEX cement facility (3150 53rd Street, Vero Beach, FL 32967), from A-1, Agricultural District (up to 1 unit/5 acres), to IG, General Industrial District; ±15.85 acres (Property 2) located west of and adjacent to subject Property 1 from A-1, Agricultural District (up to 1 unit/5 acres), to CH, Heavy Commercial District; and ±4.78 acres (Property 3) located west of and adjacent to subject Property 2 from IG, General Industrial District, to CG, General Commercial District. Note: The current A-1 zoning designations of Parcels 1 and 2 are considered remnant "holding zones" within the Urban Service Area (USA) until the property owner, based on market conditions, requests a rezoning consistent with the property's land use designation. The purpose of this request is to secure the zoning necessary to develop the properties with uses appropriate in the USA and permitted in the requested zoning districts. Planning and Zoning Commission Action On December 12, 2019, the Planning and Zoning Commission voted 6 - 0 to recommend that the Board of County Commissioners approve this rezoning request with a condition that, prior to the BCC public hearing, the applicant meet with representatives of Hawk's Nest Golf Course, the property owner north of the subject properties. The parties are to meet and discuss proposed plans for the site and potential impacts to the Hawk's Nest Golf Course, with County staff reporting the meeting results to the BCC (see PZC minutes, Attachment 8). The applicant and the Hawk's Nest representatives have since met, as reflected in correspondences attached to this report (see Attachments 9, 10, and 11). A summary of that meeting is provided later in this report in the analysis section. 76 Existing Land Use Pattern The subject area of the county consists of a mixture of commercial, industrial, recreational, conservation, and residential uses. As shown on Figure 1, Subject Properties 1, 2, and 3 are adjacent to each other and are located along the north side of 53rd Street and along the south side of the North Relief Canal, just west of the FEC Railway and East of Lateral H Canal. Subject Property 1 contains a portion of the existing CEMEX Construction Materials site and a portion of a man-made lake from a former mining operation. Subject Property 2 primarily contains the man- made lake, but also contains vegetation along its northern most side and a small island that has previously been identified by county staff as containing an active bird rookery. Subject Property 3 is undeveloped and contains vegetation. A more detailed review of the existing land use pattern and zoning districts by property is provided on the next two pages. Figure 1 - Aerial image of Subject Properties and Surrounding Uses Property #3 +/- 4.78 Acres IG to CG awk's Nest Gol Course .;� Property #1 +/- 6.13 Acres A-1 to IG Property #2 +/- 15.85 Acres A-1 to CH 77 Subject Property 1 Subject Property 1 contains a portion of the existing CEMEX Construction Materials site and a portion of a man-made lake from a former mining operation. Figures 2 and 3 show that the property to the south/southwest of Subject Property 1 is currently zoned A-1 Agricultural District (up to 1 unit/5 acres) and to the southeast, IG General Industrial District. Those properties contain a Titan America LLC cement facility (IG zoned) and a portion of a man-made lake from a prior mining operation (A-1 zoned). The property to the north across the North Relief canal is currently zoned RM -4 Multiple Family Residential District (up to 4 units/acre) and contains the Hawk's Nest Golf Course. To the east of Subject Property 1 is the existing CEMEX facility, zoned IG General Industrial District and the FEC Railway. To the west of Subject Property 1 is Subject property 2 (which is zoned A-1). Subject Property 2 Subject property 2 primarily contains a man-made lake from a previous mining operation, but also contains a small island with a bird rookery and vegetation, and along Subject Property 2's northern border is vegetation and the North Relief Canal. As shown in Figures 2 and 3, the property to the south of Subject Property 2 is zoned A-1, Agricultural District (up to 1 unit/5 acres) and contains a portion of a man-made lake from a prior mining operation. The property to the north contains a golf course and is zoned RM -4, Multiple Family Residential (up to 4 units per acre). The property directly to the west is Subject Property 3, which is currently zoned IG, General Industrial. That property is vacant and undeveloped. The property to the east is Subject Property 1 (discussed above). Subject Property 3 Subject Property 3 is undeveloped and contains vegetation. Figures. 2 and 3 show that property to the southeast of Subject Property 3 is currently zoned A-1 Agricultural District (up to 1 unit/5 acres) and property to the southwest of Subject Property 3 is zoned PD, Planned Development district. The A-1 zoned portion contains a portion of Lateral H Canal and vacant land that is part of the former mining operation to the southeast. The PD zoned portion contains a portion of Lateral H Canal and land that is in conservation @art of Waterway Village). To the West (across Lateral H Canal) is land zoned PD, that contains a vegetated conservation area that is part of Waterway Village. Land to the Northwest across the North Relief Canal is zoned RM -4 Multiple Family Residential District (up to 4 units/acre) and contains the Indian River County Utilities Rapid Infiltration Basin facility. Property to the north of Subject Property 3 is also zoned RM -4 and contains the North Relief Canal and the Hawk's Nest golf course. 78 Figure 2 - Existing Zoning of Subject Properties Figure 3 - Proposed Zoning of Subject Properties 79 Figure 4 - Future Land Use of Subject Properties As shown in Figure 4, the subject properties are designated C/I, Commercial/Industrial, on the Comprehensive Plan's Future Land Use Map. The C/I designation permits various commercial and industrial zoning districts. Properties east and south of the subject properties also have a CII future land use designation. Properties to the north, northwest, and west of the subject properties are designated L-2, Low -Density Residential -2, on the county's future land use map. The L-2 designation permits residential uses with densities up to 6 units/acre. Environment Subject Property 1 contains part of a lake from a previous mining operation (FKA Jenkins Sand Mine) and part of the existing CEMEX facility. Subject Property 2 contains vegetation, the remaining part of the lake from the previous sand mining operation, a small island with a bird rookery, and vegetation along the northern border of the lake. Subject Property 3 contains vegetation and is undeveloped. Based on County records, no wetlands or any other environmentally sensitive habitat have been identified on these properties. The County has an interest in maintaining the bird rookery as it has become a highly active site for various species of birds. County staff will work with the owner in the development of the site to try to maintain the bird rookery. According to Flood Insurance Rating Maps, the subject properties are within Flood Zone X (area of minimal flood hazard). 80 There is currently an approved Environmental Resource Permit from the Florida Department of Environmental Protection and approved plans on file in the County Community Development Department to fill in a large portion of the existing lake, including all of Subject Property #1, and the southern half of both Subject Property #2 and Subject Property #3. Utilities and Services The subject properties are within the Urban Service Area of the County. Water Service is available from the North and South County Reverse Osmosis Plants (interconnected), which currently have sufficient capacity to accommodate the additional demand generated by the subject rezoning request. Wastewater service is available from the Central Regional Wastewater treatment plant. The Central Regional Wastewater Treatment Plant has sufficient capacity to accommodate the additional demand generated by the subject rezoning request. Per County Code, uses that develop on the site will be required to connect to County Water and Sewer service. Transportation System The subject properties abut 53rd Street. This roadway is classified as an Urban Principal Arterial road on the future roadway thoroughfare plan map. Located within an approximate 150-220 foot wide public road right-of-way (width varies), this segment of 53rd Street is a four lane divided paved road. Thereare currently no planned road improvements for this section of 53rd Street listed in the County's Comprehensive Plan. Zoning District Differences In terms of permitted uses, there are substantial differences between the existing A-1 and IG districts and the proposed IG, CH, and CG districts (see Attachments 3, 4, and 5). The respective zoning districts' purpose statements best illustrate the differences between the zoning districts. These purpose statements, found in the County's Land Development Regulations (LDRs), are as follows: IG: General Industrial District: The IG, general industrial district, is intended to provide areas where a broad range of industrial activities may locate and operate without significant adverse impacts on nearby properties. The IG district is further intended to promote the establishment of employment centers which are accessible to the transportation system and other necessary urban services. CH: Heavy Commercial District: The CH, Heavy Commercial District, is intended to provide areas for establishments engaging in wholesale trade, major repair services. and restricted light manufacturing activities. The CH district is further intended to provide support services necessary for the development of commercial and industrial uses allowed within other nonresidential zoning districts. 81 CG: General Commercial District: The CG, General Commercial District, is intended to provide areas for the development of general retail sales and selected service activities. The CG district is not intended to provide for heavy commercial activities such as commercial service uses, heavy repair services nor industrial uses. ANALYSIS In this section, an analysis of the reasonableness of the rezoning request will be presented. Specifically, this section will include an analysis of the request's: • Impact on public facilities; • Consistency with the county's comprehensive plan; • Compatibility with the surrounding area; and • Potential impact on environmental quality. Impact on Public Facilities The subject properties are located within the Urban Service Area, an area deemed suited for urban scale development. Within the Urban Service Area, the comprehensive plan establishes standards for: Transportation, Potable Water, Wastewater, Solid Waste, Stormwater Management, and Recreation (reference Future Land Use Element Policy 3.1). Adequate provision of those services is necessary to ensure the continued quality of life enjoyed by the community. To ensure that the minimum acceptable standards for those services and facilities are maintained, the comprehensive plan requires that new development be reviewed for a concurrency determination. For rezoning requests, that review is undertaken as part of the conditional concurrency determination application process. As per section 910.07 of the County's LDRs, conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are not projects, county regulations call for the concurrency review to be based upon the most intense use of the subject property allowed within the requested rezoning district. For CG, General Commercial rezoning requests, CH, Commercial Heavy rezoning requests, and IG, General Industrial rezoning requests the most intense use of a property varies. In the case of CG zoned property, the most intense use (according to County LDRs) is 10,000 square feet of retail commercial gross floor area per acre. For CH and IG rezoning requests, the most intense use is 20,000 square feet of general industrial gross floor area per acre. The site information used for the concurrency analysis is as follows: 1. Size of Area to be Rezoned: ± 26.76 acres 2. Existing Land Use Designation: C/I Commercial/Industrial 3. Most Intense Use with Existing Zoning: a. Agricultural -1 (A-1): b. General Industrial (IG): 4 Single -Family Units 95,600 square feet of General Industrial 82 4. Most Intense Use with Proposed Zoning District: a. General Industrial (IG): 122,600 square feet of General Industrial b. Heavy Commercial (CH): 317,000 square feet of General Industrial Subtotal: 439,600 Sq. Ft. c. General Commercial (CG): 47,800 square feet of Retail Commercial Transportation As part of the concurrency review process, the applicant submitted a Traffic Impact study. A Traffic Impact Study reports the number of peak hour/peak season/peak direction trips that would be generated by the most intense use of the subject property under the proposed zoning district, and it assigns peak trip data to the County's thoroughfare roadway network within the project's area of influence. That area of influence is defined in section 910.09(4)(b)3 of the County's LDRs as roadway segments that receive eight (8) or more peak season/peak hour/peak direction project trips for two-lane roadways or fifteen (15) or more peak season/peak hour/peak direction, project trips for four -lane (or wider) roadways. For this rezoning request, the county's Traffic Engineering Division reviewed and approved the applicant's traffic impact study. According to the approved traffic impact study, the existing level of service on impacted roadways would not be lowered by the traffic generated by development of 439,600 square feet of general industrial building and 47,800 square feet of retail commercial building on the subject property. Water With the proposed rezoning, the subject property could accommodate up to 439,600 square feet of general industrial building and 47,800 square feet of retail commercial building. Development on the subject property will be served by the North and South County Reverse Osmosis Plants, which currently has sufficient existing and planned capacity to accommodate the additional demand generated by the theoretical maximum general industrial and retail buildings associated with the proposed rezoning. Wastewater County wastewater service is available to the site from the Central Regional Wastewater Treatment Plant, which currently has sufficient existing and planned capacity to accommodate the additional wastewater generated by the 439,600 square feet of general industrial building and 47,800 square feet of retail commercial building Solid Waste Solid waste service includes pick-up by private operators and disposal at the county landfill. A review of the solid waste capacity for the active segment of the county landfill as well as planned expansions of the landfill indicates that the county landfill can accommodate the additional solid waste generated by the site under the proposed rezoning. 83 Stormwater Management All developments are reviewed for compliance with county stormwater regulations, which require on-site retention, and preservation of floodplain storage and minimum finished floor elevations when located within a floodplain. In addition, development proposals must meet the discharge requirements of the County's stormwater management regulations. Since the site is located within the Indian River Farms Water Control District (IRFWCD) basin, development on the property will be prohibited from discharging any runoff in excess of two inches in a twenty-four hour period, which is the approved IRFWCD discharge rate. In this case, the minimum floor elevation level of service standard does not apply, since the property does not lie within a floodplain. Both the on-site retention and discharge standards do apply. The stormwater management level of service standard will be met by limiting off-site discharge to the IRFWCD's maximum discharge rate of two inches in twenty-four hours, and maintaining on-site retention of the stormwater runoff for the most intense use of the property. As with all development, a more detailed review will be conducted during the development approval process. Recreation A review of county recreation facilities and the projected demand that would result from the most intense development that could occur on the property under the proposed zoning district indicates that the adopted levels of service would be maintained. Concurrency Summary Based upon the analysis conducted, staff has determined that all concurrency -mandated facilities, including transportation, stormwater management, solid waste, recreation, water, and wastewater, have adequate capacity at this time to accommodate the most theoretically intense use of the subject property under the proposed rezoning. As with all development, a more detailed concurrency review will be conducted during the development approval process. Consistency with Comprehensive Plan Rezoning requests are reviewed for consistency with all applicable policies of the comprehensive plan. Rezoning requests must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map. In this case, the subjectproperties are designated CII, Commercial/Industrial, on the Future Land Use Map. Since CG, CH, and IG zoning is allowed in the C/I designated area, the proposed zoning is consistent with the Future Land Use Map. Other than the Future Land Use Map, the goals, objectives, and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify the actions which the County will take in order to direct the community's development. As . courses of action committed to by the County, policies provide the basis for all County land development decisions. 84 While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are Future Land Use Element Policies 1.17, 1.18, and 1.43. • Future Land Use Element Policies 1.17 and 1.18 Future Land Use Element Policy 1.17 states that all commercial/industrial uses must be located within the County's Urban Service Area. Future Land Use Element Policy 1.18 states that the commercial/industrial land use designation allows uses, subject to applicable zoning district regulations, that include business and personal services, retail, office, and storage/warehousing uses. Since the subject property is located within the County's Urban Service Area and the requested IG, CH, and CG districts are intended for uses permitted within the commercial/industrial land use designation, the request is consistent with Future Land Use Element Policies 1.17 and 1.18. • Future Land Use Element Policy 1.43 Future Land Use Element Policy 1.43 provides criteria that the Board of County Commissioners may use to determine whether or not a proposed zoning district is appropriate for a particular site. Below are tables listing the specific rezoning criteria from Policy 1.43 for CG, CH, and IG zoning districts and staff determinations of how the criteria are met. Table 1 SUBJECT PROPERTY #1 Proposed General Industrial (IG) Zoning District Review Criteria Meets Criteria? Comments 1. Along arterial roads and major intersections Yes The subject property abuts 53rd Street to the south, which is an Urban Principle Arterial roadway. Nearby to the east, 53' Street intersects with US -1 and Old Dixie Highway. • 2. Along railroad tracks Yes Subject Property 1 is within 300 feet of the railroad tracks. CEMEX, has plans to utilize this property as part of its existing facility to the east, which borders the railroad tracks. 3. Near industrial areas Yes The CEMEX facility adjacent to the subject property to the east is zoned IG, General Industrial. Properties to the south across 53rd Street are also zoned IG and contain industrial uses. 4. Separated from residential development by a major roadway or intervening property Yes The subject property is over'''/ mile away from Waterway Village (the nearest residential development). 5. Separated from retail and office areas Yes There are no retail or office areas adjacent to the subject property. Retail uses are east of the FEC Railway and Old Dixie Highway. 85 Table 2 SUBJECT PROPERTY #2 Proposed Commercial Heavy (CH) Zoning District Review Criteria Meets Criteria? Comments 1. Along arterial roads Yes The subject property abuts 53rd Street to the south, which is an Urban Principle Arterial roadway. 2. Along railroad tracks Yes Subject Property 2 is owned by CEMEX, which owns the parcel directly to the east. That parcel contains a CEMEX cement plant and borders the railroad tracks. 3. Between general commercial and industrial areas Yes As proposed in the rezoning application, Subject Property 2 will be located between proposed General Commercial (Subject Property 3) and General Industrial (Subject Property 1) zoning districts. 4. Separated from residential development Yes Subject Property 3, an existing canal right-of-way and a conservation area are located between Subject Property 2 and the developing Waterway Village residential area to the west. Table 3 SUBJECT PROPERTY #3 Proposed Commercial General (CG) Zoning District Review Criteria Meets Criteria? Comments 1. Along arterial roads and major intersections Yes Subject property abuts 53" Street, an Urban Principle Arterial roadway. 2. Separated from residential development Yes Lateral H Canal and a conservation area are located between Subject Property 3 and the Waterway Village residential subdivision. 3. Separated from industrial areas Yes Industrial zoned property is located over 800 feet to the west. Subject property 2 (proposed for CH zoning) separates Subject Property 3 (proposed for CG zoning) from Subject Property 1 (proposed for IG zoning). 4. Near Retail and Office areas Yes Subject Property 3 is located within the 53' Street C/I node. Various retail and office uses are located within the node. If Subject Property 2 (directly east of Subject Property 3) is rezoned to CH, that property may be developed with retail and office uses. 86 Property 1 and Property 2 are both currently zoned A-1, Agricultural District (up to 1 unit/5 acres). The A-1 zoning district is a holding zone until the property owner, based on market conditions, requests a zoning consistent with the property's land use designation. Property 3 is zoned IG, General Industrial District. In this case, the existing IG zoned property is located at the perimeter of a C/I node at a location that does not generally meet the locational criteria of Future Land Use Element Policy 1.43. Rezoning the subject properties to appropriate alternative zoning districts will allow the land owner to use and/or market the properties for uses consistent with their C/I Future Land Use designation. As reviewed in the preceding tables, the three properties appear to meet the criteria to be rezoned to IG, CH, and CG. While the referenced policies are particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the Comprehensive Plan. Consistency with the County Land Development Regulations Rezoning requests must be consistent with all applicable sections of the County LDRs, including Section 902.12(3) standards of review. A copy of those standards are included as Attachment 6 to this report. With this rezoning request, staff determined that the request is consistent with the LDR review standards listed in Section 902.12(3). Compatibility with the Surrounding Area Staff's position is that the requested zoning districts are appropriate for the site and that development under the three zoning districts would be compatible with surrounding land uses. As proposed, the overall +/- 26.76 Acre site will be subdivided into three separate zoning districts in decreasing intensity (IG, CH, and CG) from the railroad tracks to the west to Lateral H Canal. That canal combined with the conservation area to the west of Lateral H Canal provides between +/- 400 and +/- 1,300 feet of separation from residential portions of Waterway Village (the closest residential subdivision) to the nearest point of the proposed CG property (Subject Property 3). Subject Property 2 (proposed CH) is located +/-600 feet from the nearest point of the Waterway Village residential subdivision and Subject Property 1 (proposed IG) is located +/- 1,400 feet from the nearest point of the Waterway Village residential subdivision. Properties to the south are located within the same C/I Node and contain similar industrial uses and another portion of the former Jenkins sand mining operation. The lake on that property has over time been gradually filled in. While the properties to the south have similar characteristics and the same Future Land Use Designation, they are also separate from subject properties by 53rd Street, which is in a public right-of-way of between 150 and 220 feet in width (varies). 53rd Street is also a newer roadway that has been designed to meet current county road standards, and has limited curb cuts and limited access points (limited potential traffic conflict points). The separation distance and the fact that there are similar uses and the same C/I Future Land Use designation suggest that there will be no incompatibilities. 87 Property to the east of Subject Property 1 is owned by applicant and contains a portion of the CEMEX, cement facility. No incompatibilities are anticipated between this property and the property to the east as Subject Property 1 is intended to be incorporated as part of the CEMEX operation. Subject Properties 2 and 3 are also owned by applicant. With respect to the 53rd Street Road frontage, development of the 3 subject properties will be required to comply with the County's "Other Corridor Regulations". Those regulations are found in Section 911.22 of the County's LDRs. With respect to design requirements, the special corridor regulations will provide for such things as shielding of any outdoor lighting fixtures, additional vegetation plantings, and various aesthetic improvements. Land to the north of the rezoning request is a portion of the Hawk's Nest Golf Course. That Golf Course is separated from Subject Properties 1- 3 by the North Relief Canal, which is located within a 250 -foot right-of-way. This canal right-of-way also separates the proposed CG property (nearest property included inrezoning request) from the Indian River County Utilities Department Rapid Infiltration Basin (located to the northwest), which is a permitted wastewater discharge site, and is used when deemed necessary by Utilities. Given the existing C/I Future Land Use designation of each of the subject properties and properties to the south, the existence of 53rd Street to the south, the existence of Lateral H canal to the west, the existence of the North Relief Canal to the north, and the conservation area to the west and the related separation distances; staff feels the proposed IG, CH, and CG zoning districts for the subject properties are appropriate. Meeting Between the Applicant and Hawk's Nest Golf Course On January 9, 2020, the applicant and their representative (Bruce Barkett) met with representatives from Hawk's Nest Golf Course which is located north of the subject properties. E-mails provided by Mr. Barkett dated January 10, 2020 and January 27, 2020 (Attachments 9 and 10) indicate that the applicant and representatives from Hawk's Nest Golf Course exchanged information and discussed concerns about noise, visible structures and what, if any expansion plans are currently planned for the existing CEMEX facility. Also at that meeting, there was a discussion about the approved Environmental Resource Permit (ERP) from the Florida Department of Environmental Protection:(FDEP) held by CEMEX. That permit includes authorization to fill in the southern half of the existing sand mine lake and maintain the northern half of the lake and vegetation (closest to Hawk's Nest Golf Course). While not specifically discussed in the emails, any future expansion of the existing useand any proposed new use for the subject properties will need to meet County site design requirements, including buffering between the Hawk's Nest Golf Course and subject properties. While site design factors are important with development, site design issues are not part of a rezoning request, and should not be part of a rezoning action. 88 On January 29, 2020, Hawk's Nest Golf Course (The Moorings Club) attorney Kevin Barry provided a letter requesting that CEMEX restrict uses on the property and consider selling Subject Property #3 to The Moorings Club (Attachment 11). While the County cannot conditionally rezone a property to remove uses allowed in the proposed zoning districts, the property owners may choose on their own to place restrictions on the properties. Notwithstanding, County staff's original recommendation to approve the applicant's request as presented to the PZC remains unchanged. Potential Impact on Environmental Quality Subject Property 1 is a partially developed/disturbed site currently being partially used by the CEMEX facility. Subject Property 2 contains a lake and associated vegetation related to the old Jenkins Sand Mining operation. Subject Property 3 is a vegetated site. Any proposed removal of native trees on either of the properties associated with site development will be subject to county tree protection requirements, including mitigation of any specimen trees removed, if applicable. The properties are not designated as environmentally important or environmentally sensitive by the comprehensive plan, and according to Flood Insurance Rating Maps the properties are not located in a flood zone. Development of the site is anticipated to have little or no impact on environmental quality. For those reasons, no adverse environmental impacts are anticipated as a result of rezoning the properties to IG, CH, and CG. CONCLUSION The requested IG, CH, and CG zoning districts are compatible with the surrounding area and are consistent with the goals, objectives, and policies of the Comprehensive Plan. Located in an area deemed suitable for commercial and industrial uses, including IG, CH, and CG district uses, the subject properties meet all applicable criteria to be rezoned as proposed. Further, rezoning from to the proposed zoning districts will make the zoning consistent with the properties CII future land use designation. For those reasons, staff supports the request. RECOMMENDATION Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve this request to rezone Subject Property 1 from A-1 to IG, Subject Property 2 from A-1 to CH, and Subject Property 3 from IG to CG. 89 ATTACHMENTS 1. Summary Page 2. Rezoning Application 3. Table of Uses for Agricultural Zoning Districts 4. Table of Uses for Commercial Zoning Districts 5. Table of Uses for Industrial Zoning Districts 6. Future Land Use to Zoning District comparison table (Source: County LDRs) 7. Section 902.12(3) Standards of Review 8. December 12, 2019 Planning and Zoning Commission meeting minutes 9: Hawk's Nest and CEMEX Meeting Summary Email from Bruce Barkett 10. Follow-up E-mail response to Hawk's Nest representative Kevin Barry 11. January 29, 2020 Letter from Kevin Barry 12. Ordinance 90 SUMMARY PAGE GENERAL Applicant: CEMEX Construction Materials, LLC Location: 3150 53rd Street, Vero Beach, Florida 32967 Acreage: +/- 26.76 acres (Property 1: +/-6.13, Property 2: +/-15.85, Property 3: +/-4.78) Land Use Designation: CII, Commercial/Industrial Existing Zoning: A-1, Agricultural District (up to 1 unit/5 acres) and IG, General Industrial. Requested Zoning: IG, General Industrial; CH, Heavy Commercial; and CG General Commercial Existing Land Use: Property 1: Existing CEMEX facility, A-1; Property 2: Vacant, A-1; Property 3: Vacant, IG ADJACENT LAND North: Property 1, 2, 3: Golf Course, RM -4 Residential Multifamily (up to 4 units/acre); South: Property 1: Titan Materials, IG General Industrial and A-1 (up to 1 unit/5 acres); Property 2: Titan Materials, A-1 Agricultural (up to 1 unit/5 acres); Property 3: A- 1 Agricultural (up to 1 unit/5 acres) and PD Planned Development; East: Property 1: Existing CEMEX LLC property, IG General Industrial; Property 2: Property 1, A-1 Agriculture; Property 3: Property 2 A-1 Agriculture; West: Property 1: Property 2; Property 2: Property 3; Property 3: Vacant wooded lot, PD Planned Development. INFRASTRUCTURE Potable water service is available within +/- I/4 mile and wastewater service is available within +/- %2 mile ENVIRONMENTAL CONSTRAINTS None, Flood Zone X PUBLIC NOTIFICATION Property #2 +1-15.85 Acres A-1 to CH STAFF RECOMMENDATION Approval 91 Planning and Zoning Commission Board of County Commissioners Staff Contact: Matt Kalap Matt Kalap Date Advertised: 11/27/19 1/26/20 # of Surrounding Property Owner Notifications: 6 — Total 6 — Total Date Notification Mailed: 11/27/19 1/27/20 Date Sign Posted: 11/27/19 1/27/20 Property #2 +1-15.85 Acres A-1 to CH STAFF RECOMMENDATION Approval 91 ti APPLICATION FORM /4 Or- 2019 REZONING REQUEST (RZON) RECEIVED INDIAN RIVER COUNTY CO ,i Jppjy, .c L 'h_Lnvp! F t..4 Each application must be complete when submitted and must include all required�ttachments. ' incomplete application will not be processed and will be returned to the applicant. . `4.-36'"14— t, ! t1, .07llT.r 'U/_ft ". ..o.,.6,.......VJ..\....4.I.V...1. 1N.c.v1N -!['V.VI,/ 7 X . ✓i,ird `J -(0t/, Current Owner Applicant (Contract: Purchaser) Agent Name: CEMEX Construction Materials Florida, LLC Bruce Barkett Complete Mailing Address: 1501 Belvedere Road, West Palm Beach, FL 33406 756 Beachland Blvd., Vero Beach, FL 32963 Phone #: (including area code) (61 ) 5 833-5555 (772) 231-4343 Fax #: (including area code) 561 - ( ) 820 8643 (772) 231-5213 E -Mail: ryane.mOoney@cemex.com bbarkett@verolaw.com Contact Person: Ry‘ I \E, Mahoney \ '` Bruce Barkett tA. le % t 1 Property Information Site Address: 3200 53rd Street, Vero Beach, FL 32967 Site Tax Parcel I.D. #s: Parcels A-2 and 6-1 32391500000700000013.0 Paecel B-2 32391500000700000018.0 Subdivision Name, Unit Number, Block and Lot Number (if applicable) Existing Zoning District: Please see attached table Existing Land Use Designation: 0/1 Requested Zoning District: Please see attached table Total (gross) Acreage of Parcel: 32.79 Acreage (net) to be Rezoned: 26.76 Existing Use on Site: Ready mix concrete production and sale on a portion of site; and vacant/undeveloped Proposed Use onsite: Consistent with zoning THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING IN ORDER TO RESOLVE OR AVOID PROBLEMS CONNECTED WITH THE REZONING REQUEST. 92 Current Zoning Proposed Zoning Acres Parcel Reference A-1 IG 6.13 A2 A-1 CH 15.85 81 IG CG 4.78 82 93 Indian River County Land Development Regulations TABLE OF USES from Section 911.06. - Agricultural and Rural districts (4) Uses. Uses in the agricultural and rural 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 and permitted agricultural uses. No residential development in agriculturally designated areas shall occur unless such development is approved as a planned development and meets the requirements of section 911.14; the following activities shall be exempt from this requirement: (a) Construction of a single-family dwelling unit on a tract or parcel existing on October 1, 1990. (b) Division of a tract or parcel into two (2) Tots, each meeting or exceeding the minimum lot size of the agricultural zoning district and meeting the lot split criteria of section 913.06(3); any subsequent split of such property shall require approval in accordance with subdivision ordinance Chapter 913 requirements or planned development requirements. (c) Division of a tract into parcels of at least forty (40) acres in size. (d) Division of a tract via a subdivision plat or affidavit of exemption approved in accordance with subdivision ordinance Chapter 913 requirements. District General farming Dairy farming Livestock and poultry raising Stables (noncommercial) Stable (commercial) p A Sludge spreading Tree farms 94 95 District Uses A-1 A-2 A-3 RFD RS -1 Kennel and animal boarding places Commercial A A A - Noncommercial P P P P A Fruit and vegetable juice extractions and packing houses A A A - - Small animal specialty farms A A A - - Tenant dwelling S S - Residential migrant housing facility S S Nursery and greenhouses Noncommercial P P P A A Commercial (cultivation, wholesaling, and off- site landscaping services allowed; no retail sales allowed on-site) P P P - - Agricultural businesses, excluding wholesaling and processing S S - - Agricultural industries S S Fish farms and water dependent plant and/or animal production A Agricultural research facilities A A A - - Aquaculture A A A A A 95 96 District .— Uses A-1 1 A-2 A-3 RFD RS-1 Fruit spreading (subject to subsection 917.06(15)) P P P - - Residential I■ Accessory single -family dwelling unit A A A A A Single -family dwelling P P P P P Mobile homes A A A - - Accessory housing for nightwatchman A A A - Guest cottage or servant's quarters A A A A Single -family docks and private observation/fishing piers on vacant Tots A A A A Bed and breakfast A A A - - Institutional Child or adult care facilities A A A A 5 Foster care facilities P P P P P Cemeteries S S S S 5 Places of worship A A A A A Group home (level I) A A A A A Group home (level II and III) S S S - Community Service 96 97 District Uses A -1A-2 M A-3 RFD RS -1 Emergency services P P 1 P P P Educational centers, including primary and secondary schools S S S S S Correctional institutions S S S - - Cultural and civic facilities S. S S . S S Governmental administrative building S S 5 S S Colleges and universities S Civic and social membership organizations (M-1 and M-2 areas only) S Recreation .I Country clubs A A A S S Golf courses A A A S S Public parks and playgrounds A A Major sports and recreation areas and facilities S S S- Dude ranch S S S Retreats and camps S . S S S Commercial hunting and fishing lodges 5 S S - - Off-road vehicle tracts (commercial and noncommercial S S S - 97 98 District Uses A-1 A-2 . A-3 RFD RS -1 Commercial Fruit and vegetable stands A A A Veterinary clinic or animal hospital A A A - Driving ranges S IN 5 - - Fruit, vegetable and nursery retail sales ' 5 5 S - Transportation and Utilities Airports and airstrips 5 S S 5 - Communications towers (wireless facilities including cell towers) A/S 2 A/S 2 A/S 2 Communications towers (non -wireless facilities including TV and radio broadcast towers) Amateur radio (accessory use) Less than 80 feet P P P P P 80 feet or taller (see 971.44(4) for special criteria) S S S S S Commercial -.- Up to 70 feet: Camouflaged _ P P P P P Non -camouflaged P P P - - 98 _ - - - —, District Uses _ . A-1 A-2 I A-3 II RFD 1 RS-1 70 feet to 150 feet: Camouflaged A A AA • Monopole (minimum of 2 users). A A A - - Not camouflaged and not monopole A/S* A/S*- - Over 150 feet: All tower types (see 971.44(1) for special criteria) - S S - Utility Public and private utilities, limited A A A S 5 Public and private utilities, heavy S 5 5 S S Reservoirs, water farming P P P- - Industrial Recycling center (including vegetation debris mulching) A A A- - Small-scale bio fuel processing plant S A A- - Large-scale bio-fuel processing plant S- Mining A- Very Heavy Industrial Demolition debris site S S - - 99 P - Permitted use A - Administrative permit use S - Special exception use *See 971.44(4) to determine whether the administrative permit or special exception use process applies. 1 The requirements of subsection 917.06(11), of the Accessory Uses and Structures Chapter, shall apply to towers. 2 For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table. 100 Indian River County Land Development Regulations TABLE OF USES from Section 911.10. - Commercial districts (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. 101 District PRO 1 OCR [MEDJ[ CN, CL CG CH1 Agriculture �■ Agricultural Production Horticultural and landscape plants and 0 0 0p specialties P P Kennels and animal boarding o o O P A A Pet -grooming (no boarding) o o o p P P 11111 Agricultural Services Landscape services o 0 o o lil P P Commercial fishery a G 0 o A P CommercialIII Construction General building contractors/special trade O O 0 o contractors/construction yards ° - P Finance, Insurance, Real Estate, Legal Services 101 102 District PRO OCR MED CN CL CG CH Banks and credit institutions P P P P - Small-scale banks and credit institutions P PP P Security and commodity brokers P P P - Insurance agents, brokers and service P P P P P - Automatic teller machines - P P P P P - P P - P [ P Real Estate Holding and other investment offices P P P P- Legal servicesP P P P P - Services Lodging facilities hotels and motels - P P - P P P- - Boardinghouses A A f Bed and breakfast ®III A A A A - - Membership based hotels - II P - Personal Services 1111 Laundries and Laundromats (excluding drycleaners) P P Garment pressing and drycleaners drop- off/pickup P P - 102 103 District , r r t PRO OCR MED CN a CL CG CH 1 Linen supply - - - - - P P Carpet and upholstery cleaning - - - - - P P D cleanin plants Drycleaning - - . P Photographic studios- A - P PP - Beauty shops - P - Barber shop- sA P P Shoe repair P PP - Funeral homes - - P - Funeral chapels - - - P P - Crematoriums - - - - P P Business Services Advertising P P P P Credit reporting and collection P P P P Mailing, reproduction and stenographic services P- P P P Equipment rental and leasing P P P Employment agencies P P - - P P P - - - - P P Help supply services 103 104 District PRO A MED J CN CL CG CH 1 r Computer and data processing P P - - P P P Bail bondsman ® - P P P General and professional office ° P P - P P P - ' Auto Repair, Services and Parking Automotive rentals - - - P P Automobile parking and storage - MR P P Body and paint shops - - - - - - P General automotive repair - - P P Carwashes - P P P Automotive fluid sales and services (other than gasoline) A P P Miscellaneous Repair Electrical repair Watch, clock, jewelry - - P P P Reupholsters and furniture ® P Welding P Motion Pictures II® Production and distribution services - - - P P 104 105 District PRO OCR MED 11 CN CL CG - CH is Motion picture theaters - - - P P - Drive in theaters (unenclosed commercial amusement) S Video tape rentals - - P P P Amusement and Recreation Dance studios, school and halls, gyms - - - P P P Theatrical production including music - - PP - Enclosed commercial amusements - - 1 - P P Unenclosed commercial amusements except miniature golf courses and driving ranges - S Health and fitness centers - A P P P Membership sports and recreation - P P Coin-operated amusements - - P P - Miniature golf courses - - - S A Driving ranges - - A A Health and Medical Services Offices and clinics P P P P P P - Total care facilities - - P - - I - l 105 106 District PRO OCR MED 11 CN CL CG CH Hospitals - - P - - Medical and dental laboratory - -. P - P P- Home health care services - P P Specialty outpatient clinics - P - P P - Veterinarian clinicA A A + 11. 11111 Wholesale Trade Durable goods (not including demolition debris site, junkyards, recycling center) ; P Nondurable goods - - - - - - P Recycling center (including vegetation debris mulching) - - - - - - A Retail Trade Convenience stores P P P P - - - - - A P Building materials and garden supplies Paint, glass and wallpaper stores - - - - P P P Hardware stores - P P P P 1 P Retail nurseries and garden supplies - - Model mobile home display -- - - - A P 106 District Mobile home trailer sales General Merchandise Department stores Variety stores Flea market Auction facilities, unenclosed Auction facilities, enclosed Food Stores Grocery stores Meat and fish markets Fruit and vegetable markets Candy, nut and confectionery stores Dairy product stores Retail bakeries Automotive Dealers and Services New and used cars dealers 107 108 District i PRO OCR MED CN CL CG CH 1 Used vehicle sales - - - - - S A Auto and home supply stores - - - P P P Gasoline service stations - - - - A P P Boat sales and rentals - - - - A P Recreational vehicle sales - - - - A A Motorcycle dealers - III- P P Automotive fuel sales - A A P P Commercial marina - - - - A P Marine repair and service - - - - A P Apparel and Accessory Stores P P P - Furniture and Home Furnishings Furniture and home furnishing stores P P Small-scale home furnishings showrooms (excluding furniture and major appliances) - p p Household appliance stores - - - A P P Radio, television and computer stores - P PP - Eating and Drinking Establishments III IIM Restaurants - - A P PP { P 108 109 District PRO OCR MED CN 1 CL CG J CH 1� Carry out restaurants - A A P iP P P Drive through restaurants - - - P P Bars and lounges MI - - III S P P Bottle clubs IIIS A Miscellaneous Retail Drug stores P A P P L f - Liquor stores - P P P- Miscellaneous shopping goods - - - - I P P - Florists P P P P News stands - - P � P P P - Sporting goods "1,6 P -Optical goods -P P P - Gift stores- P P P P - Book and card store - Ili P P - Catalogue and mail order house- house- - - - P Fuel Dealers - - 13- P Food and Kindredder - - - P 109 i District . r PRO 1 OCR I MED CN 1 CL i r CG - CH 1 Fruit and vegetable packing houses - A A Fruit and vegetable juice extraction - - - Community Services III Educational Services Educational centers including primary and secondary schools A A A A A - Colleges and universities A A Libraries AA A A PP - Vocational, technical and business - m P P 1111 P - Institutional Individual and family services - II P P Job training services -�' - P P P Child care and adult care A A P A P P - Homes for aged, including nursing homes and rest homes - S S - Residential treatment center - - P S S S Place of worship P P - M P P Group homes (residential centers) - - P - S S S 110 111 District PRO OCR MED CN I CL CG 1 CH Adult congregate living facility (21+ residents) S S S Cultural and Civic. Facilities P P A P P - Civic and social membership organizations - A P P - Public Administration Government administrative buildings A P A P P P - Courts - P P - Emergency services P PP P P P Industrial 1111 Printing and publishing - - - P Machine shops III - - - - P Chemicals and Plastics II Rubber and plastic footwear - - P Hose, belts, gaskets packing - - - P Assembly production (not including manufacturing) _ I P Transportation and communication NM Railroad Bus Transportation Services p - M - 111 112 District PRO [ OCR MED CN CL CG CH 1 Local and suburban transit - - - - P P Trucking and courier services - - - - - - P Commercial warehousing and storage - - - - - P Moving and storage - - - - - P Trucking terminals I - - - - - - , P Self-service storage facilities - - - - S A P Outdoor storage - - - - - - A Vehicle storage lot (paved/unpaved) 3 - P Post Office P P P P P P P Water transport services - - - - P Air transport services - - - - P Pipelines - - - - - P Heliport/helipad IIIIIS Recycling centers - - - A - � P Travel and tour agencies- - Freight transport arrangement - P MI- P P Communications 112 113 District PRO OCR MED CN CL CG CH Telephone and telegraph- P P P Radio and television broadcasting - P - P P P Cable and pay T.V. 111 P - - P P P Communications towers (wireless facilities) A s A s A s A s A s A s A s Communications towers (non-wireless facilities) 4 Amateur radio (accessory use) ■ ■ Less than 80 feet P P P P P P P 80 feet or taller (see 971.44(4) for special criteria) S S S 5 S S Commercial Up to 70 feet: Camouflaged P P P P P P P Non-camouflaged P P P P P P P 70 feet to 150 feet: IIII Camouflaged A A A A A A A Monopole (minimum of 2 users) A A A A A A A Not camouflaged and not monopole S S S S S S S 113 P = Permitted use A = Administrative permit use S = Special exception use 1No industrial use shall be permitted in the CH district unless public sewer service is provided to the subject property. 2 The requirements of subsection. 917.06(11), of the Accessory Uses and Structures Chapter, shall apply to towers less than 70'. 3 Standards for unpaved vehicle storage lots are found in subsection 954.08(6). 4 Uses, such as limousine services, construction offices, and contractors trades offices shall be considered general office uses if the following conditions are met: 114 District - - PRO J OCR J MED CN CL CG CH 1 Over 150 feet: All tower types (see 971.44(1) for special criteria) Public and private utilities, limited A A A A A A A Public and private utilities, heavy - -'- Residential Uses Single-family dwelling P P - - - - Duplex P - - - Multifamily dwelling P P A A A A Accessory housing (watchman) - - - P P = Permitted use A = Administrative permit use S = Special exception use 1No industrial use shall be permitted in the CH district unless public sewer service is provided to the subject property. 2 The requirements of subsection. 917.06(11), of the Accessory Uses and Structures Chapter, shall apply to towers less than 70'. 3 Standards for unpaved vehicle storage lots are found in subsection 954.08(6). 4 Uses, such as limousine services, construction offices, and contractors trades offices shall be considered general office uses if the following conditions are met: 114 • All types of vehicles [reference 911.15(3)(a)) kept on site shall be limited to those types of vehicles allowed in residential areas, except that commercial vehicles completely screened from adjacent streets and properties shall be allowed to be kept on site. All commercial vehicles allowed to be kept on site shall be parked in designated paved spaces. • The number of vehicles used for business purposes and that meet the above condition and that are kept on site shall be limited to twenty-five (25) percent of the number of parking spaces required for the office use. • Except for vehicle parking, all uses shall be conducted within an office building. 5For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table. 115 Indian River County Land Development Regulations TABLE OF USES from Section 911.11. - Industrial districts Section 911.11. - Industrial districts. (4) Uses. Uses in the industrial 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. 116 District Use IL IG ._T Agriculture — —'___I Agricultural Production Crops Horticultural and landscape P P Plants and specialties Mulch products and services P P Kennels and animal boarding P P Services Farm labor and management services / P P Landscape services o P P Veterinary services P P Commercial fisheries P - Commercial Construction General building contractors P r P 116 District Use Special trade contractors Personal Services IL Linen supply Carpet and upholstery cleaning Dry cleaning plants P P Crematoriums Auto Repair, Services and Parking Automobile parking and storage P IG P P P Automobile Repair Body and paint shops P P General automotive repair P Carwashes P Miscellaneous Repairs Electrical repair Reupholstery and furniture P P P P Welding P Heavy machinery P P Social Services 117 118 District Use IL IG Job training services P P Wholesale Trade Durable goods (not including demolition debris site, junkyard, recycling center) P - P Non -durable goods P P Auction facilities, unenclosed S - Flea market A - Recycling center (including vegetation debris mulching) A A Auto and home supply stores P - Gasoline service stations P S Boat dealers P - Recreational vehicle dealers P - Motorcycle dealers P - Automobile sales (new and/or used) P - Automotive fluid sales and services (other than gasoline) , - A Retail Trade Convenience stores P P Medical marijuana treatment center - A 118 119 District } Use L ILIG J . Amusement and Recreation Enclosed commercial amusements, gyms, dance studios P - Eating and Drinking Establishments Restaurants P - Take out restaurants P P Drive through P - Bars and lounges P - Bottle clubs P - Fuel dealers P P Adult entertainment facilities SS Marine-Related Commercial Activities i'. Boat sales and rental P - Commercial marina P - Marine repair and services P P Industrial Manufacturing - !, Food and kindred products I P P I Tobacco products P P 119 [._ _ District Use IL IG Fruit and vegetable juice extraction .— A P Fruit and vegetable packing houses A P Textile products P P Lumber and wood P P Furniture and fixtures P P Paper manufacturing- P Printing and related support activities P P Chemicals- P Petroleum products - P Rubber and plastics - P Tires - P Rubber and plastic footwear P P Hose, belts, gaskets and packing P P Fabricated rubber products P P Drugs and pharmaceuticals P P Tanning and finishing- P Footwear P P Other leather goods P P 120 121 District Use IL IG Brick and tile P Glass and glass products- P Cement and concrete products- P Other nonmetallic mineral products- P Primary metal industries - P Fabricated metal products P P Machine shops P P Industrial machinery and equipment - P Electronic and other electric equipment P P Transportation equipment - P Instruments and related products P P Junk and salvage yards- S Demolition debris site ;; - S Transportation and Utilities Airports/airstrips S S { Heliports/helipads J S 5 Railroad and bus transportation services 1 P P Trucking and courier services P P 121 122 P District Use IL IG Commercial warehousing & storage P P Moving and storage P P Trucking terminals P P Self storage P P Outdoor storage P P Vehicle storage lot (paved/unpaved) 2 P P Postal services P P Water transport services P - Air transport services P - Pipelines P P Transportation Services Communications towers (wireless facilities including cell towers) A3 A 3 Communications towers (non-wireless facilities including TV and radio broadcast towers) Amateur radio (accessory use) • Less than 80 feet • P P 80 feet or taller (see 971.44(4) for special criteria) • S S Commercial 122 Use IL District IG Up to 70 feet: Camouflaged P P Non -camouflaged P P 70 feet to 150 feet: Camouflaged A Monopole (minimum of 2 users) A A Not camouflaged and not monopole A/S* A/S* Over 150 feet: All tower types (see 971.44(1) for special criteria) Freight transport arrangement Utilities S P S P Public and private utilities, heavy S S Gas services Electric services P P P P Water services P P Sanitary services P P Irrigation systems P P Residential Uses 123 District Use IL IG Accessory housing (watchmen) A A P= Permitted use A= Administrative permit use S= Special exception use 1The requirements of section 917.06(11) of the accessory uses and structures chapter, shall apply to towers less than seventy (70) feet. 2 Standards for unpaved vehicle storage lots are found in section 954.08(6). 3 For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table. *See 971.44(4) to determine whether the administrative permit or special exception use process applies. 124 RELATIONSHIP OF THE ZONING DISTRICTS WITH THE FUTURE LAND USE MAP DESIGNATIONS Zoning District C-1 C-2 C-3 AG -1 AG -21 AG -3 R. L-1 L-2 M-1 M-2 C/I PUB, RECD RC BCID T' MHRP A-1 P P P A-2 P P A-3 P P RFD RS -1 P T RS -2 RS -3 RS -6 RT -6 RM -3 RM -4 RM -6 P P P P RM -8 RM -10 RMH-6 P P P P RMH-8 P P P P PRO P P P 125 Zoning , District C-1 C-2 C-3 AG -1 AG -2 AG -3 R L-1 L-2 M-1 M-2 C/I PUB REC RC BCI D T MHRP'. OCR P MED CN CL P P CG P P P CH P P IL P P IG P P Con -1 P Con -2 P Con -3 P CRVP P P R -BCI D P Rose -4 P AIR -1 P P P P P PD P P P P P P. P P P P P P P P P P P P - District permitted T - District permitted when used as transition from Tess intense/dense development or consistent with existing development Blank - District not permitted 126 Indian River County Land Development Regulations Standards of Review from Section 902.12(3) (3) Standards of review. In reviewing the application of a proposed amendment to the text of the land development regulations or an application for a proposed amendment to the official zoning atlas, the board of county commissioners and the planning and zoning commission shall consider: (a) Whether or not the proposed amendment is in conflict with any applicableportion of the land development regulations; (b) Whether or not the proposed amendment is consistent with all elements of the Indian River County Comprehensive Plan; (c) Whether or not the proposed amendment is consistent with existing and proposed land uses; (d) Whether or not the proposed amendment is in compliance with the adopted county thoroughfare plan; (e) Whether or not the proposed amendment would generate traffic which would decrease the service levels on roadways below level adopted in the comprehensive plan; (f) Whether or not there have been changed conditions which would warrant an amendment; (g) Whether or not the proposed amendment would decrease the level of service established in the comprehensive plan for sanitary sewer, potable water, solid waste, drainage, and recreation; (h) Whether or not the proposed amendment would result in significant adverse impacts on the natural environment; Whether or not the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern; (j) Whether or not the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and interest of the land development regulations; as well as (k) Any other matters that may be deemed appropriate by the planning and zoning commission or the board of county commissioners in review and consideration of the proposed amendment such as police protection, fire protection, and emergency medical services. NOTE: Some of these items of consideration may be deemed as inapplicable in the review and approval of Land Development Regulation amendment requests. (i) 127 Portion of December 12, 2019 Planning and Zoning Commission Minutes ON MOTION BY Mr. Jordan Stewart, SECONDED BY Dr. Jonathan Day, the members voted 5-1 to approve staff recommendations on this Quasi - Judicial matter. Mr. Alan Polackwich was the opposing vote. B. CEMEX Construction Materials, Florida, LLC Request to Rezone +/- 6.13 acres from A-1 to IG; +/- 15.85 acres from A-1 to CH; and +/- 4.78 acres from IG to CG (RZON96030244-85706) Chairperson Mr. Todd Brognano asked the Commissioners to reveal any ex -parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. The members stated that they had not had any ex -parte communication. The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter. Mr. William Schutt, Chief of Long Range Planning, reviewed information regarding the request for rezoning and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He recommended that the Commissioners recommend that the BCC approve this rezoning request. Mr. William Schutt and Mr. John McCoy, as well as Mr. Roland DeBlois, Interim Community Development Director, answered questions from the Commissioners regarding the proposed rezoning. Mr. Bruce Barkett, Representative for the Applicant, clarified details of the proposed rezoning and offered to answer questions. Chairman Todd Brognano opened the public hearing. Mr. Craig Lobes, Chief Executive Officer of Moorings Yacht and Country Club, owner of Hawks Nest Gold Course that is adjacent to the proposed rezoning area, asked for the case to be tabled until he has opportunity to speak with the applicant. Representing Hawks Nest Golf Course, Mr. Jeff Bittner voiced his concerns about land uses that could negatively impact the golf course. He 128 requested that the commissioners table this case until he can talk to the applicant about working together to support the project. Chairman Todd Brognano proceeded to close the public hearing. ON MOTION BY Mr. Alan Polackwich, SECONDED BY Dr. Jonathan Day, the members voted unanimously (6-0) to approve staff recommendations on this matter with the added recommendation that the applicant and the adjacent neighbors use their best efforts to communicate prior to the case going to the BCC for final approval. Commissioner's Matters There were none. Planning Matters Mr. Roland DeBlois stated that the next meeting is expected to be on January 23, 2020. Attorney's Matters There were none. Adjournment There being no further business, the meeting adjourned at 8:38 p.m. 129 From: Bruce Barkett <Bb@verolaw.com> Sent: Friday, January 10, 2020 1:40 PM To: Bill Schutt <bschutt@ircgov.com> Cc: Sandra P Velasco <sandrap.velasco@cemex.com>; Jeffrey R Porter/US <jeffreyr:porter@cemex.com>; Kevin Barry <kbarry@rosswayswan.com> Subject: CEMEX Meeting with Haws's Nest [CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links_; Bill There were no conclusive resolutions reached at the meeting, however it was an amiable meeting and we believe good information was exchanged. Hawk's Nest now understands that CEMEX has no current plans to expand its plant capacity, and that this rezoning effort was required, in part, by elements of the plant being located on differently zoned parcels. We informed the Hawk's Nest reps that the ERP held by CEMEX only allows it to fill the southern half of the sand -mine pit, a process that will take place over the course of the coming several years and will result in an area in the north of the sand -mine pit that provides an additional buffer to the golf course through distance and natural vegetation. Hawk's Nest made it clear that their biggest concerns were any increase in visibility, height and noise issues from the properties, and made a few requests for various ways to mitigate their concerns. One request was for CEMEX to examine ways in which it might reduce intermittent noise coming fromspecific activities at the plant. They also asked CEMEX to consider Hawk's Nest's possible use of water from the sand mine pit for the golf course on an emergency basis in the future, if Hawk's Nest deems it desirable and can obtain the requisite permits, etc. Finally, Hawk's Nest requested whether a wind sock or flag could be mounted on the tallest plant structure as an aid to golfers in wind direction. No specific action was promised or agreed to at the meeting. CEMEX will discuss Hawk's Nest's various requests internally, and will respond in the coming weeks. Best Regards, Bruce Barkett <Bbarkett@verolaw.com> 130 Attachment 9 Bill Schutt From: Bruce Barkett <Bb@verolaw.com> Sent: Monday, January 27, 2020 1:56 PM To: Kevin Barry Cc: Bill Schutt; Jeffrey R Porter/US; Sandra P Velasco Subject: FW: Noise Update for CEMEX / Vero North [CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Kevin: Further follow up to our meeting: 1. Efforts are being made to locate a quieter loadout alarm or one that uses a series of warning lights, rather than. noise. Nothing is finalized yet, but CEM EX is working on it. 2. In response to comments made at the meeting that the golfers used the flag at the CEMEX plant as a wind sock before the flag was removed, CEMEX has ordered a replacement flag for the one that basically wore out on top of the silo. Please pass this information along to your clients. Best Regards, Bruce Barkett <Bbarkett@verolaw.com> COLLINS BROWN BART 1i' Collins Brown Barkett, Chartered U.S. TOP RANKED LAW FIRMS'" FLORIDA'S TOP RANKED LAW FIRMS'" Based on AV® PreeminenemMartindale-Hubbell® Lawyer Ratings 756 Beachland Boulevard Vero Beach, Florida 32963 Phone 772.231.4343 Fax 772.234.5213 Bbarkett@verolaw.com This e-mail is from the law firm of Collins Brown Barkett and is intended solely for the use of the individual(s) to whom it is addressed. The content is attorney-client privileged and confidential. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. 131 Attachment 10 Paul R. Amos Kevin M. Barry s 6 Brooke M. Benzio 2 Rebecca F. Emmons' Stephen J. Lacey 1.4.8 Krista M. Runte Chelsea A. Miller J. Cole Oliver Roman Ortega -Cowan Tyler G. Puttick Clifford R. Repperger, Jr. Bradley W. Rossway Jason D. Slater 3 R. Blake Smith John M. Stewart Michael J. Swan Thomas W. Tierney 3 William J. Stewart, Of Counsel LLM: Masters of Law - ' Taxation 2 Estate Planning 3 Also admitted in CA Also adm itted in GA 8 Also admitted in MA 6 Also admitted in NY ' Also admitted in OH 8 Also admitted in VA LOCATIONS VERO BEACH The Modern One Building 2101 Indian River Blvd. Suite 200 Vero Beach, FL 32960 772.231.4440 MELBOURNE One Harbor Place 1901 S. Harbor City Blvd. Suite 500 Melbourne, FL 32901 321.984.2700 CORAL GABLES* Gables International Plaza 2655 LeJeune Rd. Penthouse 1-C9 Coral Gables, FL 33134 305.443.5020 *By Appointment � ROSSWAY SWAN WWW.ROSSWAYSWAN.C:OM January 29, 2020 Via Email: bbarkett@verolaw.com Bruce Barkett, Esq. Collins Brown Barkett, Chartered 756 Beachland Blvd. Vero Beach, FL 32963 RE: CEMEX Property Rezoning Dear Bruce: As you are aware, my firm represents The Moorings Club. Please allow this letter to follow up on our meeting between CEMEX and The Moorings Club on January 9, 2020. During that meeting, CEMEX stated that they may be amenable to certain site restrictions on the parcels, if their rezoning requests are approved. The Moorings Club hereby requests that CEMEX covenant not to use the following properties (as shown on the attached map) for the following uses (as defined by sections 911.10 and 91.1.11 of the Indian River County Land Development Regulations): Property 1: Mulch products & services, kennels & animal boarding, body & paint shops, general automotive repair, heavy machinery, marine repair & services, fruit & vegetable juice extraction, fruit & vegetable packing houses, lumber & wood, paper manufacturing, tanning & finishing, brick & tile, other nonmetallic mineral products, primary metal industries, fabricated metal products, machine shops, and industrial machinery & equipment. Property 2: Kennels & animal boarding, body & paint shops, general automotive repair, marine repair & services, machine shops, trucking terminals, and freight transport & arrangement. Property 3: Kennels & animal boarding, general automotive repair, marine repair & services, and freight transport & arrangement. The Moorings Club also would like to inquire as to whether CEMEX would consider a sale of Property .3 to The Moorings. Club for fair market value (based upon a mutually agreeable appraisal) or, in the alternative, the granting of a right of first refusal for any sale of Property.3. The Moorings Club very much appreciates. your email confirmation on January 27, 2020 that CEMEX is actively taking steps to limit the noise from the properties by attempting to locate a quieter loadout alarm or one that uses a series of warning 132 Atachment 11 lights. Additionally, confirming that CEMEX has ordered a replacement wind sock to install on top of the silo. I would further like to confirm the following points made by CEMEX at the meeting: (1) CEMEX has no current plans to sell any of the parcels in the medium or short term; and (2) CEMEX does not intend to further develop the parcels to expand the cement facility. Thank you for your time and attention to this matter. Kind Regards, Kevin M. Barry Enc. CC: Mr. Craig Lopes, w/enc. (clopes@themoorinsclub.com) Mr. Bill Schutt, w/enc. (bschutt@ircgov.com) 133 Atachment 11 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY ±6.13 ACRES LOCATED NORTH OF 53rd STREET AND WEST OF THE FLORIDA EAST COAST RAILROAD AND THE EXISTING CEMEX FACILITY (3150 53RD STREET, VERO BEACH, FL 32967) FROM A-1, AGRICULTURAL DISTRICT (UP TO 1 UNIT/5 ACRES), TO IG, GENERAL INDUSTRIAL DISTRICT (Parcel A2); AND ±15.85 ACRES LOCATED NORTH OF 53RD STREET AND WEST AND ADJACENT TO SUBJECT PROPERTY 1 FROM A-1, AGRICULTURAL DISTRICT (UP TO 1 UNIT/5 ACRES), TO CH, HEAVY COMMERCIAL DISTRICT (Parcel B1); AND ±4.78 ACRES LOCATED NORTH OF 53RD STREET AND WEST AND ADJACENT TO SUBJECT PROPERTY 2 FROM IG, GENERAL INDUSTRIAL DISTRICT, TO CG, GENERAL COMMERCIAL DISTRICT (Parcel B2); AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: Parcel A2 A PARCEL OF LAND SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, LYING NORTH OF 53RD STREET RIGHT-OF-WAY, EAST OF INDIAN RIVER FARMS WATER CONTROL DISTRICT LATERAL "H" CANAL RIGHT-OF-WAY, SOUTH OF INDIAN RIVER FARMS WATER CONTROL DISTRICT "NORTH RELIEF CANAL" RIGHT -OF - 134 WAY AND WEST OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST RUN NORTH 89°48'53" WEST ALONG THE SOUTH LINE OF SAID SECTION 15 A DISTANCE OF 232.95 FEET TO THE WEST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY (A 100 FEET WIDE RIGHT-OF-WAY) AND THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE NORTH 89°48'53" WEST ALONG SAID SOUTH LINE OF SECTION 15 A DISTANCE OF 1929.88 FEET TO THE EAST RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT LATERAL "H" CANAL (A 160 FEET WIDE RIGHT-OF-WAY); THENCE RUN NORTH 26°42'44" WEST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 47.69 FEET; THENCE RUN NORTH 04°44'51" WEST ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 957.08 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT "NORTH RELIEF CANAL" RIGHT-OF-WAY (A 250 FEET WIDE RIGHT -OF WAY); THENCE RUN SOUTH 85°30'22" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 1799.32 FEET TO THE AFOREMENTIONED WEST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY; THENCE RUN SOUTH 15°21'44" EAST ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 893.59 FEET TO THE POINT OF BEGINNING; LESS AND EXCEPT THE FOLLOWING: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST RUN NORTH 89°48'53" WEST ALONG THE SOUTH LINE OF SAID SECTION 15 A DISTANCE OF 1108.43 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE NORTH 89°48'53" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 1054.53 FEET TO THE EAST RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT LATERAL "H" CANAL (A 160 FEET WIDE RIGHT-OF-WAY); THENCE RUN 'NORTH 26°42'44" WEST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 47.69 FEET; THENCE RUN NORTH 04°44'51" WEST ALONG SAID EAST RIGHT-OF- WAY A DISTANCE OF 957.08 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT "NORTH RELIEF CANAL" RIGHT-OF-WAY (A 250 FEET WIDE RIGHT -OF WAY); THENCE RUN SOUTH 85°30'22" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 1161.57 FEET TO A LINE BEING 284.20 FEET WEST OF, NORMAL TO AND PARALLEL WITH THE EAST BOUNDARY LINE OF THAT CERTAIN PARCEL "FLESHER TO JENKINS" DESCRIBED IN WARRANTY DEED, OFFICIAL RECORDS BOOK 484, PAGE 78, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 00°1124" WEST ALONG SAID LINE, A DISTANCE OF 908.80 FEET TO THE AFORESAID SOUTH LINE OF SECTION 15 AND POINT OF BEGINNING, AND LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST RUN NORTH 89°48'53" WEST ALONG THE SOUTH LINE OF SAID SECTION 15 A DISTANCE OF 608.17 FEET AND POINT OF BEGINNING; 135 FROM SAID POINT OF BEGINNING RUN NORTH 00°12'50" EAST A DISTANCE OF 402.40' FEET; THENCE RUN NORTH 89°48'36" WEST A DISTANCE OF 216.23 FEET THE EAST BOUNDARY LINE OF THAT CERTAIN DESCRIBED PARCEL ACCORDING TO WARRANTY DEED, OFFICIAL RECORDS BOOK 484, PAGE 78 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN NORTH 00°11'24" EAST ALONG SAID EAST BOUNDARY LINE A DISTANCE OF 484.97 FEET TO THE AFORESAID SOUTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT "NORTH RELIEF CANAL" RIGHT-OF-WAY; THENCE RUN SOUTH 85°30'22" EAST ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 352.75 FEET TO THE INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAIL WAY, (100' WIDE RIGHT OF WAY); THENCE RUN SOUTH 15°21'44" EAST ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 893.59 FEET TO THE AFORESAID SOUTH LINE OF SECTION 15; THENCE RUN NORTH 89°48'53" WEST ALONG SAID SOUTH LINE A DISTANCE OF 375.28 FEET TO THE POINT OF BEGINNING; ALSO LESS AND EXCEPT THE SOUTH 150 FEET FOR 53RD STREET RIGHT-OF-WAY THEREOF. THE ABOVE DESCRIBED PARCEL CONTAINING 267,170.94 S.F. OR 6.13 ACRES, MORE OR LESS, SUBJECT TO ALL RESTRICTIONS, RESERVATIONS, ABANDONMENTS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, is changed from A-1, Agricultural District (up to 1 unit per 5 acres) to IG, General Industrial District. AND Parcel B1 A PARCEL OF LAND SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, LYING NORTH OF 53RD STREET RIGHT-OF-WAY, EAST OF INDIAN RIVER FARMS WATER CONTROL DISTRICT LATERAL "H" CANAL RIGHT-OF-WAY, SOUTH OF INDIAN RIVER FARMS WATER CONTROL DISTRICT "NORTH RELIEF CANAL" RIGHT-OF- WAY AND WEST OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST RUN NORTH 89°48'53" WEST ALONG THE SOUTH LINE OF SAID SECTION 15 A DISTANCE OF 1108.43 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE NORTH 89°48'53" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 1054.53 FEET TO THE EAST RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT LATERAL "H" CANAL (A 160 FEET WIDE RIGHT-OF-WAY); THENCE RUN NORTH 26°42'44" WEST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 47.69 FEET; THENCE RUN NORTH 04°44'51" WEST ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 957.08 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL 136 DISTRICT "NORTH RELIEF CANAL" RIGHT-OF-WAY (A 250 FEET WIDE RIGHT -OF WAY); THENCE RUN SOUTH 85°30'22" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 1161.57 FEET TO A LINE BEING 284.20 FEET WEST OF, NORMAL TO AND PARALLEL WITH THE EAST BOUNDARY LINE OF THAT CERTAIN PARCEL "FLESHER TO JENKINS" DESCRIBED IN WARRANTY DEED, OFFICIAL RECORDS BOOK 484, PAGE 78, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 00°11'24" WEST ALONG SAID LINE, A DISTANCE OF 908.80 FEET TO THE AFORESAID SOUTH LINE OF SECTION 15 AND POINT OF BEGINNING; LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST RUN NORTH 89°48'53" WEST ALONG THE SOUTH LINE OF SAID SECTION 15 A DISTANCE OF 2162.77 FEET TO THE EAST RIGHT OF WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT "LATERAL 'H' CANAL", (A 160.00 FEET WIDE RIGHT OF WAY) AND POINT OF BEGINNING; FROM SAID POINT OF BEGINNING RUN NORTH 26°42'44" WEST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 47.69 FEET; THENCE RUN NORTH 04°44'51" WEST AND CONTINUE ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 957.08 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT "NORTH RELIEF CANAL" RIGHT-OF-WAY (A 250 FEET WIDE RIGHT -OF WAY); THENCE RUN SOUTH 85°30'22" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 296.14 FEET TO THE INTERSECTION WITH THE WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF AFORESAID SECTION 15; THENCE RUN SOUTH 01°27'41" WEST ALONG SAID WEST LINE A DISTANCE OF 974.06 FEET TO THE AFORESAID SOUTH LINE OF SECTION 15; THENCE RUN NORTH 89°48'53" WEST ALONG SAID SOUTH LINE A DISTANCE OF 169.75 FEET TO THE AFORESAID EAST RIGHT OF WAY LINE OF "LATERAL 'H' CANAL" AND POINT OF BEGINNING; AND LESS AND EXCEPT THE SOUTH 150 FEET FOR 53RD STREET RIGHT-OF-WAY THEREOF. THE ABOVE DESCRIBED PARCEL CONTAINING 690,421.16 S.F. OR 15.85 ACRES, MORE OR LESS, SUBJECT TO ALL RESTRICTIONS, RESERVATIONS, ABANDONMENTS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, is changed from A-1, Agricultural District (up to 1 unit per 5 acres) to CH, Heavy Commercial District. AND Parcel B2 A PARCEL OF LAND SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, LYING NORTH OF 53RD STREET RIGHT-OF-WAY, EAST OF INDIAN RIVER FARMS WATER CONTROL DISTRICT LATERAL "H" CANAL RIGHT-OF-WAY, SOUTH OF INDIAN RIVER FARMS WATER CONTROL DISTRICT "NORTH RELIEF CANAL" RIGHT -OF - 137 WAY AND WEST OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 15, TOWNSHIP 32 SOUTH, RANGE 39 EAST RUN NORTH 89°48'53" WEST ALONG THE SOUTH LINE OF SAID SECTION 15 A DISTANCE OF 2162.77 FEET TO THE EAST RIGHT OF WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT "LATERAL 'H' CANAL", (A 160.00 FEET WIDE RIGHT OF WAY) AND POINT OF BEGINNING; FROM SAID POINT OF BEGINNING RUN NORTH 26°42'44" WEST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 47.69 FEET; THENCE RUN NORTH 04°44'51" WEST AND CONTINUE ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 957.08 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT "NORTH RELIEF CANAL" RIGHT-OF-WAY (A 250 FEET WIDE RIGHT -OF WAY); THENCE RUN SOUTH 85°30'22" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 296.14 FEET TO THE INTERSECTION WITH THE WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF AFORESAID SECTION 15; THENCE RUN SOUTH 01°27'41" WEST ALONG SAID WEST LINE A DISTANCE OF 974.06 FEET TO THE AFORESAID SOUTH LINE OF SECTION 15; THENCE RUN NORTH 89°48'53" WEST ALONG SAID SOUTH LINE A DISTANCE OF 169.75 FEET TO THE AFORESAID EAST RIGHT OF WAY LINE OF "LATERAL 'H' CANAL" AND POINT OF BEGINNING; LESS AND EXCEPT THE SOUTH 150 FEET FOR 53RD STREET RIGHT-OF-WAY THEREOF. THE ABOVE DESCRIBED PARCEL 132' CONTAINING 208,110.59 S.F. OR 4.78 ACRES, MORE OR LESS, SUBJECT TO ALL RESTRICTIONS, RESERVATIONS, ABANDONMENTS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, is changed from IG, General Industrial District to CG, General Commercial District. All with the meaning and intent and as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 11th day of February, 2020. This ordinance was advertised in the Press -Journal on the 26th day of January 2020, for a public hearing to be held on the 11th day of February, 2020 at which time it was moved for adoption by Commissioner , seconded by , and adopted by the following vote: 138 Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Tim Zorc, Commissioner Peter D. O'Bryan, Commissioner Bob Solari, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Susan Adams, Chairman ATTEST BY: Jeffrey Smith, Clerk Of Circuit Court and Comptroller This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, Deputy County Attorney APPROVED AS TO PLANNING MATTERS Phil Matson, AICP; Community Development Director 139 0 rD VI m m 0 ri; 5 rim CD r fil W 0 T 2 D fil lo. A. 1 - 'PG 139-I r- 0 rD CII 0 0 a. rD rDft m X 1! 11, -i -Z • 0) N D O CD -. CD O. - V) sv co c -. Q. CDU, CD -I a) n• sv o -D ‘< c CD � O CD rh CO O n = 0 94k rh 5.-» u9 0 -1% - a O eia1snpui JO • 1 -n.rim ��'� !•4 O'41� N fO - 9, S. � 6 0_ o et -a nD rD s m O ^ N . 5 7+ • FacrT 151-.3 • 0- N O in D — • — • Z Z I" art=fr,N� D tri r+ OOili VI g 3 VI lualsp O - =; O C 3 -7 r+ r 11)arqrD N z iD A (D O 3 '0 Cla (D /74.: M O lin CD • co C c N M • v,el. cD O)�� N 0 dq A O 11) c 0 nj �+ �D ▪ a -t O rp < - Vf A z N Gni (D m CD O "t _. aCi N CD iv+• O < cu= ▪ O 0 1 2. `n CD-Ng 3 —a O - 2—% %..1; `�cr r‘SI 0 m E ‹. ii. 0s.rci • e. yens sasn SMO 0 (D FD CD < cr m O. —•F° 3 r+ mml 3 —• — o. • E v) -0 ��/f rill' A CD Q .• 03 Rs n • e -P -9 y A -a -9 03 . • I. _. ; C4 56M z A r (n O a) N 0. `n 4:3 ec3 D (D -0 3 CD N 2.-r. crQ 09 A CAD 4. (D-1 m" <• -0 (D A O VI -. GI 3" E 0 11) 20 8 014 13) o (D e 1.31,..nsip HD • 0 cric CD fD H a) o. 3 a) 2 0 CfC1 1N-6 • tn < < • n < �- fD < –Fi• el• _D O 07 O cin rD 3 (D a) `n ma .11' 5: n e 5 a) (D A � — � cn O M. = 5 -mac v' • cn c(DOnvi M (D �▪ �'Qo��'fl) C to g - = CP= 3 CU CU < ojN 6 0-'< O ✓ r p ful- l s V M _ � m � = N O. � N turb fu‘ Cr• GQ P �q •-..0 ` m A C = -% (1 0. ` Cs) C2. 71 N.J 0 S. crci I6G -�7 OJ SUO!430UU03 ue!J SOped r Cnr COCD a 6 e • -• Mt y CA . C 02 su CC 5 0 0 CD O M CD < 1511k csa to c CD 1 8. o ® ® 73 0 O m0 C7CD -01 7. = _. 73 o (1) . cc) c Cn 03 1-11 0 O ■ M 1 39 -6? 54001� Noll!,, '.'p10 011%'0_10 - • • • • 3 5- o .• z 5. fu rn mn _. m —. • -13•" X cin O mO.� O aq Mrn� r+ CD =II 73.0 o X fp O „ • 3 EL. CL O _. 0 O � O 117 Vfrf CD- O 3 r+ �• O z Crg 0 (D O. Summary from CEMEX Attorney (1-10-20): 3 ;17 C f"f 'Z 7.9 O 1 N eui2iao sJJels AlunoD recommendation remains unchanged =p o � =E x n c =su O < = _. ▪ o _. -J O cn �<cfq n �' CD -0 n = moQ a) ww • 2 su -I w. rn cr) zR 5 �•,< = m X el gi. f-p .2 cr. ?i., ag Ov) � O 4-1 ('o1. tun _ o- 3 to, %.• n) r+ 3 to = o -Z c ;.-.1... 0 M. a) W M M .9 = e+ 41/ 0- * cD. ,C O p CU _ am o N CD r-F M. * 0 = N'' (+ * .10 = 2 S nD -1 aa n r+ :iv 0 0 O = O O Z--1 p =p . D y -' CU * -0"Csm n CD vi -I "0 C) N cD CDD nv•ZF'o ma "n3 z' c a) ...., 0 �. r* n el.'0 n _a -I CD 0.7 13 C CI • 0 0 c(Do o -a o fp y V ^ n o 74 f fD =' = 139-i$ • • • • • n m 7o n n n O CD O O O 3 <_, ora = = = ino a) tne Me c &i. o = < * * * MIN • 71: 71: 71: 3 = zi- z -a n f -ti cn su O i n i (D -% ei• = r)O O a 3 = 1— a) -0 o. = az —• tu = ct. = Cfcl v M c cD = N C 0 M ( c• O M . a 'V II 3 cu m = I fin (D N CD /3j -i1. eieaeWW00 'lj 'bS 008`117 :(03) • • =0 es CD 0 0 0_ c e __ - Eva C N 0 0 0 00 -incn -nf4` 1 1 2, 2, 0co es CD G1 z CD es es ' 0 a �. ., -' 0 cn q;inn esn esuew 0 uiuoZ peso • • 0 CD CC CD C) 1 —c tu si 1 •ftemo. mf Cn 01 5 va) (CI - n0 C sa O1 �1 -. LIQ rt es V) z CD0) a. cn 0 4SpC3 Lfl!M esn esus}u N 0 • • •. -n OQ • p n * a .4. < n) " 0 c CI 5 = Rs 0 MN (D rf S r = fD 61/ = (/) = (7. O cr. Dn fp * C M frtEy. nro til O. -a a". -a `< 3 -D a) O su 0 = * A m 0 N A• - .Er+9 -I h N CD Fp Q. <• I-, �' 0n CD 1--k�' - v M 2h *9 i- n 1-h re) m 0 r- _ � o3 3 rn = C 0 QO -t -° C2' mD (D A• 0 m 0 = W m (AN w < -. CD O No O SU I rt cD rnCr et, A 1-1 eD wt O ft „Cet �• Or �A o"1:$ et rtz IQ D Cr O � O e i1• mt G � CD Mt- et et -. Ura O CD ep rD -. A7 CD et "i eD 5 eD O rr d C O �D s O b • ep • CD eD A7 ' A mt- AD ^ O N Z.ep e •`r C. 0., A b - O "O ep O O. Zit; NO CA oq• O et CD CA 1N-21 4. Near Retail and Office areas E• eD CA ...,, • it rt 4 '—' o 5 Ti et ..., fme fiy. (ml 4.4 = ft` CA WO la • cn A: ep r c.... eD N • Cr .—t- 0 .I: ii et 0 eD 0 et 11 0. "CI et 17, "0 ot '•• 4 ii 1—k eD Pn rii• q .=.4, , 0 f...4 -t "CS • ,--. . 0 c 0 0 cn et 2 a AD ,... 1—it 0 Ow p, 0 cil 1-6t .i et 0 0 Ow 'I •C .-I 0 "I : Ge 0 c . e, , c -,, = . eD 70 N iS. e4, 0 . = ,....,cr° ,s,- ,......., , eD eD eD 71 •CD 1 c (I) CD 0 MINN • 0 • =A (D CI 7v o tun° CA 51 O A rt OQ O m %.Z O5' —' r p z zw 00 N N m W O 0- r+ 70 CD crcl O = -�, cu (D E N 0 3 CD .O c fD e+ O' (D suogeinNaa eluauauoJIAu3 asianpd ON 3 !uozaH W0.13 SP v -0n z fD 0 'D ai, grn gm' fD4 e -p, ffl m O 0 -• c 3 fD a) 0- SU O Gq iv 70 c OfD f(D O =• ' 51 rf emee fD fD fD 0' GQ r+ ( 3• . g c < 1 -. n fD 3 3 fD 3. o m v= < --• fD O o = 3 m r+ M • Subject Property 3 is a vegetated site. • • CD � � 3 -, + s -a ' fD fD a) � . i ..<A r+ v c in' Qo ( o 1- m 3 O 0 n N.cl, O • r+ Cu = m -1 -v :7 CL 3 (DD � M M = < m 'O 0 0 0 O cn N (D O emP teO. r+ eN+ N 0_3 (D = 0 a' -• m ca. crQ cm viai n r1 CD � o• n Vf a) r+ VERO NORTH SITEINORK • GRADING AND DRAINAGE PLAN REVO4S R iStONS 3q-.25 =m0Ko(>C _0.a_30. 8.,„ 2 i .... 2 o= -,v ^(D n (nrn-� D a0Qvoo1 A)c N = m N X71 g(Vii t oc5 rr Np N = Q°-6 = a IT ',)z rt GJ� 0:(• 134, � C, CD > r. 03 o O1▪ . O � omCD K =•r. y oo ( O Q• 25 0 n ru rn = o N (D IN O. -mo, SU O 5• O 2rt 7 Pi cD JeJ4nq`esanoo Ao6 6uiisixe qenaasuo i3qn 139 -A O 0" CD ..q rdo 3 fD fD c CD N 3 CTfD 0 el. 19 pue ,E :uomppe u uaamla8 — aawig d adA± 0 70 N z 0 —h Type A 13 (D .A O u1 O fl. 7- Ph Ph w uI O. 7' O. fD C� V114 vo 90 a 3 F-, a) r* 0o v- n) rP 1 - ,- a i •••fD Canopy Trees Required Per 100 Lineal Feet w 01:1 0 V, ora' Qo r°.. N a� N a' O O. fD -% N IV _ NJ 0 C m _I 0. (D 't CD VI CA O 0 V u7 VI ? a 0 - CA uaamla8 — aawig d adA± 0 70 N z 0 —h 0 a z tri 12- n CL es 0 T. a) rim a) C3 —I O fD Qj twoi2 f▪ D rf — 4 0/0 "4 0. cra slinneH) ti-W2i Z CD 6) O f Type B CD N (1.1. W O C � V1 Cq CU ? (D as Ms CD• .'*S� • O V1 (D ''* < (D r+ .A dO 3, 3 CD CD -Os r 0� (D Canopy Trees Required Per 100 Lineal Feet CDTD �.. CM IL (D 9° II rP lD 0 O a: CD 0 in 0) _. N S. 00 01 -I tD (D VI 7 0 � rN+ O V1 V1 V1 V1 V) •' i 0• gig slinneH) ti-W2i Z CD 6) O 0 CD 0 CO CD w CD rF CD CD 0 0 O. sMnneH)1MW2i z CD VI 0 0 Type C i" t,1 N O a N F -A Large (4" in diameter at 0.5 feet above grade & 18 ft. height) Canopy Trees Required Per 100 Lineal Feet W U1 W Gq 2 fp (1)ffDD fD a) of . N Ro DJ fp N 0 o N < rr 1 fD G 5 in W C 3 O- ffDD H N o ..t O O tn i cr N CD 0 CO CD w CD rF CD CD 0 0 O. sMnneH)1MW2i z CD VI 0 0 \fir ;:_. 4 44104 peRav#-ip :040%..N f 0 -IPA 4:1 fifist 0011:0,4111b. tre:' 01. = SBnaHS it = »401S830N11 OAS >o oO o r -100 <O CO C3 mm in -0 50' ;, tip_ ;pilligt Z4Vois.. 0.1.. no 0 40140AT pito.,.,_ 04 visCitla 1/0 if-PO*1'04i 40 41270zU --All ► j 1 sc = senaHs 01 = J2101S830N11 ss ffi senams 25 9 = aa©1sa3ONn ss = senaHs. 30 5 s. A8oisN3aNn of = senaHs = A801S213ONn 15 o�= sen8Hs 20 ti = X»O1Sa3QNn \ S33a1 MOIS2{3CNn lsanbaa svoddns Hass . euowppe oN eluaWuoainua pauozaN aq eiaal!JD si.aaw • Anuaaan3uoD slaaw • O N1 rF to r -t (D C7 0 3 rD (D -oj • Compatible with surrounding uses :an DD HD ID 0 0 3 cl) CT ata CD O— W O rD 5. 3 ata CD 0 rD rD o. N NIP . 0 cD - 0 O (D - 0 CD (D ▪ N O 0Q -h 3 0 z CT rD O UO!epUaWWODaJ I 1���3� ADJACENT LAND USE: L.2 •00I 5 ,111, 11 1 1 i I Itlf $,i $ . 0111., •.- %1r •••.---r" ...,-..-:71---7-1-nls4„.; 0:°''e'ql-•*'-'1_...... - r - ,V.-1------ . ..„- -- -^ .-- - -- -- •.-/..- ---- He -a 1 0 0 fflij rat 1 i ili/ I i I 9 i I F1 VERO NORTH • STTEWORK. PERMIT PLAN 100c00.0.00. CgCNOT.??.5,5 tir E 4 c!: Ir; 1 1 REVISIONS 1.4”..111, (Mgr UM 1.3 2 ft 9 ;4- ;4t ti it 1 REVISIONS t ilttuo.t RT.TL:555 Indian River County Planning 1801 27th Street Vero Beach FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement ; and affiant further says that she has neither paid or promised any person, firm or corporation any discount , rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement.. January 26,2020 Subscribed and sworn to before on February 3, 2020: . ') L i ._ r vt, ave c9..A Notary, State of WI, County of Brown 1ARA MONDLOCE-1 Notary Public State of Wisconsin My commission expires: August 6, 2021 Publication Cost: $252.00 Ad No: GCI0352581 Customer No: PO#: PART OF THE USA TODAY NET WORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL32960 AFFIDAVIT OF PUBLICATION X3939 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY NOTICE OF REZONING - PUBLIC HEARING The Board of County Commissioners of Indian River County, Florida, will consider the adoption of a county ordinance rezoning land within the unincorporated portions of Indian River County. A public hearing at which parties in interest and citizens shall have an opportunity to be heard, will be held on Tuesday, February 11, 2020, at 9:00 a.m. in the County Commission Chambers of the County Administration Building, Building A, located at 1801 27th Street, Vero Beach, Florida. The proposed ordinance to rezone the subject property is entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY ±6.13 ACRES LOCATED NORTH OF 53rd STREET AND WEST OF THE FLORIDA EAST COAST RAILROAD AND THE EXISTING CEMEX FACILITY (3150 53RD STREET, VERO BEACH, FL 32967) FROM A-1, AGRICULTURAL DISTRICT (UP TO 1 UNIT/5 ACRES), TO 15, GENERAL INDUSTRIAL DISTRICT (SUBJECT PROPERTY 1); AND ±15.85 ACRES LOCATED NORTH OF 53RD STREET AND WEST AND ADJACENT TO SUBJECT PROPERTY 1 FROM A-1, AGRICULTURAL DISTRICT (UP TO 1 UNIT/5 ACRES), TO CFI, HEAVY COMMERCIAL DISTRICT (SUBJECT PROPERTY 2); AND ±4.78 ACRES LOCATED NORTH OF 53RD STREET AND WEST AND ADJACENT TO SUBJECT PROPERTY 2 FROM IG, GENERAL INDUSTRIAL DISTRICT, TO CG, GENERAL COMMERCIAL DISTRICT (SUBJECT PROPERTY 3); AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. The rezoning application may be inspected by the public at the Community Development Department of the County Administration Building A, located at 1801 27th Street, Vero Beach, Florida, between the hours of 8:30 a.m. and 5:00 p.m. on weekdays. For more information, contact the Long Range Planning section at (772) 226-1243 or (772) 226-1250. The Board of County Commissioners may adopt other zoning districts, other than the districts requested, provided that the adopted zoning districts are consistent with the county's comprehensive plan. Anyone who may wish to appeal any decision that 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 is based. Anyone who needs a special accommodation for this meeting must contact the County's Americans with Disabilities Act Coordinator at (772) 226-1223, at least 48 hours in advance of the meeting. Indian River County Board of County Commissioners By: -s- Susan Adams, Chairman Existing Zoning Map CIMEX Construction (v atcrial$ flcrida, LI.0 Rezoning Rc oucst Property P3 4/.1:78 Acres IG to CG NMA .'i%a+cy rrn,�trar Property dl /.6.13 Acres Al•to IG A.1 Property 4Z -/-1S,85 Acres A-1 to C.H. /39-90 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 4, 2020 SUBJECT: Beach and Shore Preservation Advisory Committee Appointment On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of appointments and reappointments. This agenda item is to consider the appointment of an applicant to fill the position of "BCC Appointee" vacancy on the Beach and Shore Preservation Advisory Committee, which term expires in January 2022. The vacancy has been advertised on the County's website in excess of 30 days. The following are the names of qualified applicants for this position, whose resumes and/or applications are available for review in the Commissioners' Front Office area: Philip R. Glade David W. Morgan David L. Cox Sven Frisell Curtis Carpenter Kelly A. Darmetko RECOMMENDATION. The County Attorney recommends that the Board review the applicants' resumes/applications, and determine whether to appoint one of the applicants to fill the unexpired term for the "BCC Appointee" representative to the Beach and Shore Preservation Advisory Committee. 140 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Full Name: Philip R. Glade Today's Date: 01/27/20 Email Address: PRGLADE@ATT.NET Street Address (No P.O. Boxes): 1861 Pebble Path East, Vero Beach, FL 32963 Home Phone: 772-589-5983 Work Phone: Cell Phone: How long have you been a resident of Indian River County? 22 years Are you a full or part time resident? Check one: Full Time Q Part Time Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Physician Please list any licenses you presently hold: MD, Retired Status Please list any organization of which you are currently a member: Summer Place Improvement Assoc. Please list any other committees or boards you currently sit on: Environmental Control Hearing Board, IRC Continued on next page Place a check mark next to the committee(s) you would like to serve on: 141 AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE 1. - CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD INDIAN RIVER COUNTY CENSUS 2020 COMMUNITY ACTION COMMITTEE MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY VALUE ADJUSTMENT BOARD - MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. 142 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Full Name: David W. Morgan Today's Date: 12/19/19 Email Address: DWMTARGET@AOL.COM Street Address (No P.O. Boxes): 310 Shores Dr., Indian River Shores, FL 32963 Home Phone: 772-231-4488 Work Phone: Cell Phone: How long have you been a resident of Indian River County? 17 years Are you a full or part time resident? Check one: Full Time Q Part Time Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Semi -Retired — Own Target Marketing & Management Services, LLC Director of Marketing — Adidas Owned an International Sports Marketing and Research Company Please list any licenses you presently hold: N/A Please list any organization of which you are currently a member: Quail. Valley Please list any other committees or boards you currently sit on: Past Board Position- "The Shores" Indian River Shores — President ELC Continued on next page 143 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE .PRESERVATION ADVISORY COMMITTEE a CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD Lj COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD INDIAN RIVER COUNTY CENSUS 2020 COMMUNITY ACTION COMMITTEE MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL LI TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY ❑ VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. 144 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Full Name: David L. Cox Today's Date: 01/28/14 Email Address: dlc@davidcoxconsulting.com Street Address (No P.O. Boxes): 9495 Periwinkle Drive, Vero Beach, FL 32963 Home Phone: 388-6058 Work Phone: 564-0540 Cell Phone: 766-2074 How long have you been a resident of Indian River County? 17 years Are you a full or part time resident? Check one: Full Time Q Part Time Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. David Cox Consulting, LLC HydroPlan, LLC. Please list any licenses you presently hold: Certified Senior Ecologist, Ecological Society of America Please list any organization of which you are currently a member: Pelican Island Audubon Society, Pelican Island Preservation Society, American Association for Advancement of Science, Ecological Society of America, British Ecological Society, Sigma Xi Please list any other committees or boards you currently sit on: Indian River Soil & Water Conservation District Continued on next page 145 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE X CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD INDIAN RIVER COUNTY CENSUS 2020 COMMUNITY ACTION COMMITTEE MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. 146 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Full Name: Sven Frisell Today's Date: Jan 31 2018 Email Address: SVENFRISELL@HOTMAIL.com Street Address (No P.O. Boxes): 10605 Fife Avenue, Vero Beach, FL 32963 Home Phone: 772-388-0517 Work Phone: Cell Phone: 860-215-5567 How long have you been a resident of Indian River County? 4 years Are you a full or part time resident? Check one: Full Time Q Part Time Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Hotel Management Executive With 25 Years Exp. Please list any licenses you presently hold: Drivers License PADI Master Diver Please list any organization of which you are currently a member: PENN STATE ALUMNI SERVESAFE FOOD SAFETY Please list any other committees or boards you currently sit on: Indian River Literacy Services Continued on next page 147 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE X AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE X CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD E COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD X INDIAN RIVER COUNTY CENSUS 2020 COMMUNITY ACTION COMMITTEE MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY ❑ VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. 148 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Full Name: Curtis Carpenter Today's Date: 01/29/14 Email Address: Iedapron@gmail.com Street Address (No P.O. Boxes): 915 28thAvenue, Vero Beach, FL 32960 Home Phone: Work Phone: Cell Phone: 772-633-7748 How long have you been a resident of Indian River County? 17 years Are you a full or part time resident? Check one: Full Time Q Part Time Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Southern Litho Please list any licenses you presently hold: Certified with the American Registry of Radiologic Technologists and the Florida Department Health, Radiologic Sciences. Please list any organization of which you are currently a member: Treasure Coast Democratic Environmental Caucus Please list any other committees or boards you currently sit on: N/A Continued on next page 149 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE X BEACH & SHORE PRESERVATION ADVISORY COMMITTEE X CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD x INDIAN RIVER COUNTY CENSUS 2020 COMMUNITY ACTION COMMITTEE MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. 150 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Full Name: Kelly A Darmetko Today's Date: 08.12.18 Email Address: kdarmetko@att.net Street Address (No P.O. Boxes): 617 Rolling Hill Drive, Sebastian, FL 32958 Home Phone: 772-571-6595 Work Phone: 617-663-3252 Cell Phone: 508-942-9623 How long have you been a resident of Indian River County? 3 years Are you a full or part time resident? Check one: Full Time Q Part Time Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. John Hancock Financial Services Please list any licenses you presently hold: n/a Please list any organization of which you are currently a member: CEFLI, ACLI, InfraGuard (private sector member) Please list any other committees or boards you currently sit on: n/a Continued on next page 151 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE I I BEACH & SHORE PRESERVATION ADVISORY COMMITTEE X CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD X INDIAN RIVER COUNTY CENSUS 2020 COMMUNITY ACTION COMMITTEE MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD (— I I TREASURE COAST REGIONAL PLANNING COUNCIL – COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY X VALUE ADJUSTMENT BOARD – MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. 152 MEMORANDUM TO: The Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: February 6, 2020 SUBJECT: Acquisition of Right -Of -Way for Phase II of 66th Avenue Improvements - Banack Family Limited Partnership - 66th Avenue and 61St Street, Parcels 301 and 302 The Banack Family Limited Partnership is the owner of two parcels of property at the northeast corner of 66th Avenue and 61st Street and are depicted on the aerial photo attached to this memorandum as Exhibit "A". The parcel directly on the corner of 66th Avenue and 61st Street is 39.2 acres and the parcel further east on 61St Street is 19.55 acres. The parcels are zoned A-1, Agricultural, up to one residential unit per five acres and lie outside of the Urban Services Boundary. The sites are former citrus groves and improvements include some fencing and a flow well with a pump. The Banacks also own 28.5 acres to the north of the 39.2 -acre parcel making up a contiguous 87.25 -acre parcel stretching between 61st and 65th Streets. Construction plans call for the County to acquire the following from the Banacks: • Parcel 301 which is made up of 1.47 acres of right-of-way consisting of a 50' X 1,277' wide strip along the entire length of the southern border of the 39.2 -acre parcel; and • A 2,500 -square foot access easement along 61St Street on the property's southern border adjacent to the canal to continue to provide the Indian River Farms Water Control District access to canal right-of-way; and • A 10' X 1,277' temporary construction easement along the access easement and east along the right-of-way strip from the 39.2 -acre parcel; and • Parcel 302 which is made up of 0.58 acres of right-of-way consisting of a 50' X 501.66' wide strip along the entire length of the southern border of the 19.55 -acre parcel. 153 Please see the sketch and legal descriptions attached to the Pre -suit Mediation Settlement Agreement that depict these four property interests. There are 24 mature ,pecan trees and some fencing along 61st Street that will be lost as part of the take. These trees are approximately 30" in diameter and range in health from distressed to average condition due to their age. Pecan trees once lined 61st Street forming the basis for the alternate name of Pecan Grove Road for 61St Street. The County's appraisal for Parcels 301 and 302 were performed by Armfield & Wagner. The appraisals assigned values as follows: Parcel 301 1.47 acres @ $20,000/acre + $3,000 improvements = $32,400 Parcel 302 0.58 acres @ $22,000/acre + $1,500 improvements = $14,260 Total for Parcels 301 and 302 $46,660 The appraisals did not find any severance damages. The appraisals did attach a value of $3,000 and $1,500 respectively, for the gate and fencing that runs parallel to 61St Street but did not assign a value to the pecan trees that lie within the area of take. Likewise, there was no value assigned to the permanent access easement or the temporary construction easement needed for the improvements to 61St Street. The Banacks, accompanied by their attorney, attended a pre -suit mediation with Randy Brennan as the mediator, and staff consisting of Rich Szpyrka, Susan Prado, Monique Filipiak and Bill DeBraal on November 24, 2019. Staff and the Banacks agreed on the terms of the Pre -suit Mediation Settlement Agreement that is attached to this memorandum as Exhibit "B". The settlement terms are: • The County will pay to the Banacks $110,000 for right-of-way parcels 301 and 302, permanent access easement, temporary construction easement and inclusive of all severance damages, damages to the improvements and Toss of the pecan trees. • Statutory attorney's fees of $20,955 • All costs and expert witness fees of $2,500 • Two 24' wide driveways with 35' radii at locations to be determined by the Banacks The total settlement cost to the County is $133,455 plus the cost of the driveways. A sketch and legal description of Parcels 301 and 302 are attached to the Agreement as Exhibit "A". By comparison, in February 2017, the County purchased the 18.72 -acre Greene property located at the northeast corner of 66th Avenue and 53rd Street for a future stormwater park for $558,900 ($29,855 per acre) which was an arm's length transaction without the threat of eminent domain. The County previously purchased the Miami Block from Central 154 Groves at the southwest corner of 66th Avenue and 69th Street for $35,250/acre for the entire 18.59 parcel ($655,298.00) and $42,500/acre for 13.78 acres from Central Groves on the west side of 66th Avenue at 61st Street. By purchasing the Property in advance of filing a lawsuit, staff is attempting to save on expert witness fees incurred by both the County and the Banacks. As noted in the past, expert witness fees for both parties often exceed $100,000 by the time the suit is filed and mediation . is held. Pursuant to state statutes, the County is responsible for reasonable expert witness fees of the Banacks. The County has incurred significant savings by not having to hire our trial witnesses (appraiser, engineer and land planner) and outside counsel. The Banacks are represented by Nicholas Dancaescu of the law firm of Gray Robinson in Orlando. STAFF RECOMMENDATION: Staff recommends the Board approve the Pre -suit Mediation Settlement Agreement for the Banack property and authorize the Chairman to execute the document on behalf of the Board. FUNDING: Funding for this acquisition is budgeted and available from Optional Sales Tax/Row/66th Avenue- 49th Street -65th Street- Acct# 31521441-066120-07806. Attachments: Exhibit "A" Aerial Photo Exhibit "B" Pre -suit Mediation Settlement Agreement with the sketch and legal description of right-of-way Parcels 301 and 302 Copies to: Nicholas Dancaescu, Esq. 155 Indian River County, Florida Property Appraiser - Printer Friendly Map Indian River County, Florida Property Appraiser t� 3[ �f rte7 r IL 711 u Yr tat 6580 61ST ST VERO BEACH, FL 32967 32390800001013000001.0 tin rl INDIAN RIVER COUNTY (hereafter Petitioner) vs. BANACK FAMILY LIMITED PARTNERSHIP (hereafter Defendant) PRE -SUIT MEDIATION SETTLEMENT AGREEMENT The above named Petitioner and Defendant have reached the following . agreements In full and complete resolution of the above styled pre -suit claim, which arises out of an eminent domain claim by the Petitioner against the property owned by the Defendants and located at 6580 61st, Vero Beach FL 32967, (Hereafter "Parcels 301 and 302") the legal description of which is included on exhibit A: 1. Within 20 days of the County Commission approving this Agreement as described herein, the Petitioner agrees to do the following: a. The Petitioner will pay to the Defendant the total sum of $110,000.00 (One Hundred Ten Thousand Dollars); and b. The Petitioner will pay the Defendant $20,955.00 (Twenty Thousand Nine Hundred Fifty Five Dollars) in attorney's fees, including any non -monetary claims for fees; and c. The Petitioner will pay Defendant $2500.00 (Two Thousand Five Hundred Dollars) in reimbursement for Defendant costs. 2. Within 20 days of the County Commission approving this Agreement as described herein, the Defendant agree to do the following: 157 a. The Defendants will convey to the Petitioner clear title to the real property described as the "Right of Way Parcel" on Exhibit A. (Parcel 301 containing 1.47 acres +/- and Parcel 302 containing 0.58 acres +1-) 3. The Petitioner agrees to construct two 24' wide driveways, with a 35' radius from 61st St. onto Parcel 301 or 302 during the planned 66th Avenue roadway widening project. The location of these driveways will be at Defendant's option, but the selection of location must be made within six months of this Agreement. The driveway locations must be at least 330' from 66th Ave right of way. The driveways will be surfaced with asphalt or concrete at Defendants option. 4. The Defendant will grant to Petitioner a temporary construction easement as shown on Exhibit A for the duration of the 66th Ave roadway widening project. 5. The Defendant will grant Petitioner a permanent access easement of approximately 2500 square feet as shown on Exhibit A. 6. This Agreement is contingent on the Petitioner's determination that the flow well is either not located on Parcel 301 or is not located on the access easement or can remain undisturbed and useable by Defendant following the land transaction described herein. 7. The parties agree that the Defendant will be able to sub divide the remainder property which is the subject, of this Agreement into twelve 200,000 square foot lots. 158 8. This entire Agreement is subject to and contingent upon approval by the Indian River County Board of County Commissioners (Hereafter the Board). The Petitioner will put this Agreement on the agenda for the next available Board meeting and the County Staff will recommend Board approval of this Agreement. If the Board fails to approve this Agreement, then this entire Agreement is void. 6. Except as stated herein, all parties to this agreement further agree to bear their own costs and fees. 7. The Petitioner will pay the entire cost of the mediation. 8. This agreement is final and binding as of the date and time it is signed by or on behalf of the parties. 9. Other agreements: None Done and agreed to on this 24th day of November,2019 in Vero Beach, Florida. WILLIAM K. DEBRAAL, ESQUIRE Banack Family LP, Defendant Indian River County Attorney By: General Partner Nicholas Dancaescu, ESQUIRE Attorney for Defendant 159 Z •dO . x 8r4nt4 1331.15 VaI2:101d `AINf10O:13AI NVIC]NI 60E -13O IVd AO HO13NS CINV NOlicill=10S3C1 1VJ31 L4OS£OL40 'ON £O3rOHd LL/ZL/L 3LVO „ - IMAI O[l`--ML-Sl1 IXYJ 0013-`64-E1.4 S/tlfN °MCIC:PV 0 MIAa bac ins 1Z3M18 eui0wr 17111III ICIAVKJO®Y a11Y tttlCH A3YI6M A= O UJOH eAMUIDI DM AS 03NO3H0 SOd AS taavea sod AO 6]MOeO0 AOL -.G 3W00 -:c v £L 10VLLL 3Nfl 1SV3 6 IVNVO ►- Z Y F- .w nzL�.7 I- LJJ w 03 1 - LI ILI `'ao:6!8 8ZLI=6=3c.)3W>-¢=L6Ix@ ci00 o LULA,� UQ 25 O U 6 Z zCD V WU' L�� ¢ U V7 Lal ti d a 0_ cx O a F- L J. a O O co n n w8a_t- FL 10VW. 3 N 1S3M V 1Vl31V1 9 NOLLO3S 3Nfl 1S3M� 3„9Z,O0.00N SONR1V39 40 SISV9-'' (909 '2:I.0) 2f1N3AV 'H199 1 I — 99Z I- LU LAJ Z V1t+J (17-1 NU FV-- 0 11 0 -H n N Zl • • LJ ICU oaf ZQ cku 1- CO ¢ O J M Ll W 0 to) o) I 4414 s S c �1 tt Yt fi�� o b @ Dijij- w. £ CO U o9Z svZ U —I - CD 6 03 N00'00'25'E__� 3 p .1.23 Q Cr) N00'00'25°E 1 w tel M ttoo Cf O C/I N00'00'25"E w N co Ln GT a0 Z 3 p N co O O N 3 CV 0 tr) 01 (/1 J CO UNE TAI LENGTHJ 80.09 p 100.00 1 pp 88 t0 8 N O tt O N 8 N 8. 88 UNE J n J -] J J FL 10VW. 3 N 1S3M V 1Vl31V1 9 NOLLO3S 3Nfl 1S3M� 3„9Z,O0.00N SONR1V39 40 SISV9-'' (909 '2:I.0) 2f1N3AV 'H199 1 I — 99Z I- LU LAJ Z V1t+J (17-1 NU FV-- 0 11 0 -H n N Zl • • LJ ICU oaf ZQ cku 1- CO ¢ O J M Ll W 0 to) o) I 4414 s S c �1 tt Yt fi�� o b @ Dijij- w. £ CO U o9Z svZ U —I - z.�OZ uaeVrw J3316 `d01:107d 'A±N(lOO 1A8AI d NVIONI I.OE "13O1:dVd AO HOJHNS ONv NOlLdI2:10S9O 1V027 roN JA3POad LL/ZL/L 3LV0 N00101O1-0.31NIMMMM OCN-ML-iLL /KVA OOIY-4114-ELL .3N0Nd 011 Ec V 141V3U OK A VOL 31119 =NIB 10.11,feri 0N1 aaLVCIO3aV ONV NaON-ATWOI MOW O mum <«Aaluoi 033 Aa 03II0310 Sad Aa NMVIq 294 Aa 03N01830 UJ cz U� Cyz ul¢W 4 J = CL.WJ= gU 016 Rz 0 Z m B DU CCJaZ Z W V Z o O m a o Z i- Q Z Oa"mZ =.^O_ Mem F'- 1,4G WOCW.7 C70_Q a fro= CC) 'C. O O Y (n 1+-Z M NaCCw1;; Naa OW OZLS ce WY co F e3 U Z m OOQ FI-/- 01— ...C.) I— }• C 0 W05 Lin eo' �z ce O Z Ld as z°Cz c~3c-0 CONTAINING 63,824 SQUARE FEET OR 1.47 ACRES, MORE OR LESS. LEGAL DESCRIPTION ACCESS EASEMENT z _o z ~CA �Z z CI o� O IA W Mr m 0 LOQ 0 cc (,,.)1 U W O N H UO N < 0 0 cwn Q C9 L7a co Zw QW U O 0 8 irs GV O V 0 W ZO O dN 0,1 F 3 C7 6 ZF- Lal OF 100.00 FEET TO THE POINT OF THENCE, BEARING SOUTH CONTAINING 2500 SQUARE FEET OR 0.D6 ACRES, MORE OR LESS. SURVEYORS NOTES i CC Ln w CC W N m O„ FZ Z Z W = O QQ m o 0 a- c o CD>- O t0 m 00 cc 0 0 0 cc 00 CC I'- ' U U Q 0 N g Om O Q Q a = tX O O 0 1— I— _ C) Z O 1 w E >-o z CO z¢ ov) > r o ,„Fo Cn C(3 F O CC CC W ZZ0 WO OW 0 !CD Q (/I a QwLI LI_0Y U W O= C n Z In y� m O < O; cv Q CA m O Nm pQ� <n W O W C/) fn w co, d Z 0 cc �r C '1=c _,0_ 4- CU �O I. x39wMl 133HS vaf2:IO1d 'AIM -100 NVIONI ZO£ 1 O21`dd AO Hald>1S aNY NOI1dfi0S9a 1VO�'1 LtiOS£OL.0 'ON t03(O d LL/ZVL 31WO N0YNtl0H-131NI)1 MMM a {f`-�OLKLL gCVi OOtr-KIL-W CWONd. OMOZC L •I V3M alai, VOL zure =KM M Htr MH '0M'mai:MaMSV ONY NMOH-A3'INM LIOZ O UJOH«<Aaalp' 033 AM 03/403140 SOd mg NMVNQ SOd AM CONO/MMO AOC-. L 3lVOM a w eL LEGAL DESCRIP110N RIGHT OF WAY PARCEL CONTAINING 25,081 SQUARE FEET OR 0.58 ACRES. Z Z S (j 5 O o a air a U m m O O 0 a 0 a 0 1tL iOV21.1. 3NIl 1S3M ff N 3 oI 0 1 £L lOVLLL 3Nfl 1SV3 La U OO o) W M U -81-E ¢Alg u2 A ;§!14.i 4 EFi� -°2 o �N VEYORS NOTES J THIS IS A SKETCH OF DISTORTED DURING REPRODUC110N li K U BCC AGENDA COMMISSIONERS MATTERS INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners SUBJECT: Commissioners Open Dialogue At the request of the Board of County Commissioners, an Open Dialogue section will be added to the agenda on a monthly basis. This section will be an opportunity for Commissioners to provide updates and/or reports on progress, meetings, or activities related to topics of interest to the Commission and Public. This is for the purpose of sharing information only; action will not be taken by the Board on matters discussed under Commissioners Open Dialogue section. 163 /581 Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Solid Waste Disposal District Meeting Minutes - Draft Tuesday, November 5, 2019 Commission Chambers Board of Commissioners Bob Solari, Chairman, District 5 Susan Adams, Vice Chairman, District 1 Joseph E. Flescher, District 2 Peter D. O'Bryan, District 4 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Rhonda D. Zirkle, Deputy Clerk 164 B. Solid Waste Disposal District The Board of County Commissioners reconvened as the Board of Commissioners for the Solid Waste Disposal District. The minutes will be approved, at an upcoming Solid Waste Disposal District meeting. 15.6.1. 19-1009 Approval of Minutes Meeting of July 16, 2019 Recommended Action: Approve Attachments: 07162019SWDD Draft 15.6.2. 19-1002 A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve the Meeting Minutes of July 16, 2019. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc Recommended Action: Final Pay to CDM Smith for CCNA 2018 Work Order No. 4 - Full Cost Accounting and Financial Assurance Reporting Solid Waste Disposal District staff recommends that its Board approve CDM Smith's final invoice amount of $17,108.50. Attachments: Staff Report CDM Smith Proiect Completion Final Invoice There was no Board discussion on this item. A motion was made by Commissioner Flescher, seconded by Vice Chairman Adams, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 15.6.3. 19-1005 Change Order No. 6 to Thalle (Bid #2018025) Recommended Action: Solid Waste Disposal District staff recommends that its Board approve and authorize the Chairman to execute Change Order No. 6 approving extension in contract time for Milestone 1, Milestone 2,. and Final Completion by 42 days to Thalle Construction Company, Inc., for the Segment 3 Cell 2 Expansion, Segment 2 Partial Closure and Landfill Gas System Expansion project Attachments: Staff Report CDM Smith Letter of Recommendation Director. of Utility Services Vincent Burke explained the contract extension request from CDM Smith, Inc. (CDM Smith), stating that rain was the cause of delays for Thalle Construction Company, Inc. (Thalle). He noted a 165 typographical error on Page 2 of staffs memorandum, stating that in Paragraph 2 of the Analysis, the Milestone Completion Date of Milestone 1 should have read September 5, 2019, rather than September 25, 2019. Discussion ensued among members of the Board. Commissioner O'Bryan and Chairman Solari inquired about the contract wording and the amount of rain it took to justify a rain delay. Director Burke clarified the process staff and CDM Smith had followed for accepting the project delay, and he reminded the Board of the inconsistent rain amounts throughout the County, and of the steep side slopes at the landfill. Managing Director Himanshu Mehta provided clarification that rain delays could be a result of the actual impact on site following rain in the area. He confirmed that CDM Smith was responsible for inspecting the work that needed to be redone by Thalle. Although unrelated to Change Order No. 6, Vice Chairman Adams made mention that she had recently toured the landfill, and she commended staff for the improved conditions. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve staffs recommendation. The motion carried by the following vote: Aye: 4 - Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc Nay: 1 - Chairman Solari 166 Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Solid Waste Disposal District Meeting Minutes - Draft Tuesday, November 12, 2019 Commission Chambers Board of Commissioners Bob Solari, Chairman, District 5 Susan Adams, Vice Chairman, District 1 Joseph E. Flescher, District 2 Peter D. O'Bryan, District 4 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Randi Wardlow, Deputy Clerk 167 15. SPECIAL DISTRICTS AND BOARDS B. Solid Waste Disposal District The Board reconvened as the Board of Commissioners of the Solid Waste Disposal District. Those minutes will be approved under the next Solid Waste Disposal District meeting. 15.6.1. 19-1033 Approval of Minutes Special Call Meeting July 23, 2019 Recommended Action: Approve Attachments: 07232019SWDDSpecialCall Draft A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher, to approve the SWDD Special Call Meeting Minutes of July 23, 2019 as written. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 15.B.2. 19-1024 Final Pay for Twelfth Amendment to Republic Services for Hurricane Dorian Services Recommended Action: Solid Waste Disposal District staff recommends that its Board approve the following: a. Approve the Final Pay for the Twelfth Amendment to Republic Services in the amount of $34,022.77 for provision of additional services in response to Hurricane Dorian for the non -Class 1 landfill services. Attachments: Staff Report Director of Utility Services Vincent Burke appeared before the Board with a recommendation to approve the invoice from Republic Services for pre -storm clean up preceding Hurricane Dorian. Director Burke recounted the details of the agreement with Republic Services, and: the additional labor involved in managing disposal of debris from the County's Convenience Centers. A motion was made by Vice Chairman Adams, seconded by Commissioner Flescher, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 15.6.3. 19-1025 Recommended Action: Interlocal Agreement between the Solid Waste Disposal District and St. Lucie County for Recycling Services Solid Waste Disposal District staff recommends that its Board approve the Interlocal Agreement with St. Lucie County and authorize the Chairman to 168 execute the same, as presented, upon legal review and approval of the same agreement by the St. Lucie County Board of County Commissioners. Attachments: Staff Report Interlocal Agreement with St Lucie County Utility Services Director Vincent Burke informed the Board that the County's recycling service provider, Tropical Recycling, suffered catastrophic roof damage at their Fort Pierce processing facility on August 12, 2019 and was unable to accept any recyclable materials. Indian River County (IRC) then entered into a temporary, month -by -month agreement with St. Lucie County (SLC) to accept IRC's recyclable materials until Tropical Recycling resumed service. On October 14, 2019, Tropical Recycling's location was condemned by the City of Fort Pierce. The Solid Waste Disposal District (SWDD) sought to secure permanent recycling services and directed staff to draft an Interlocal Agreement whereby IRC would transport their recyclable material to SLC for processing. Director Burke reviewed the details of the agreement, thanked staff for their hard work, and sought the Board's authorization and approval to proceed. A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 15.6.4. 19-1028 Award of Bid 2020004 - Concrete Crushing and Site Work at IRC Landfill Recommended Action: Staff recommends the Board award Bid 2020004 to Sitecrafters of Florida, Inc., and authorize the Chairman to sign the draft agreement after review and approval by the County Attorney as to form and legal sufficiency and receipt of the required insurance. Attachments: Staff Report Draft Agreement Letter of Protest from BMI Response to BMI Protest Vincent Burke, Director of Utility Services, provided the Board with the background circumstances which led to the re -bid of concrete crushing services for stockpiled material at the landfill. The County received two (2) proposals, and after one vendor was disqualified, Sitecrafters of Florida, Inc. emerged as the sole responsive vendor. In their bid, Sitecrafters had requested two exceptions to the specs with regard to a larger acceptable size of crushed materials and a cost-saving method for weighing the material. Director Burke requested approval of the agreement, which included the modifications requested by Sitecrafters, for one (1) year with five (5) one-year extensions. 169 Commissioner Zorc relayed the dismay of local vendors who reported being unaware of the bid solicitation, and the concern that vendors were unfairly omitted because their evaluations were based on the original specifications. The Commissioner suggested it would be a good idea to re -bid the job based on. the revised parameters. Commissioner Flescher echoed Commissioner Zorc's concerns, and agreed with the suggestion to re -bid the job. Himanshu Mehta, Managing Director of the Solid Waste Disposal District, recounted to the Board the urgency of completing the concrete crushing and its necessity for use in pending improvements to the Yard Waste Facility. Purchasing Manager Jennifer Hyde informed the Board that because Sitecrafters was the sole responsive bidder, the County was permitted to negotiate the specs and terms with them. She went on to detail the bid process that provided email notifications to registered vendors, allowed for vendor questions before bid submittal, and was advertised in the newspaper and online. Commissioner O'Bryan, while sympathetic to concerns, was satisfied that the bid process offered opportunities for questions, and was pleased that the system allowed for creative solutions by vendors. Vice Chairman Adams expressed frustration that the project was already long delayed and should not be re -bid. She suggested that any concerns to the bid process should return later as a separate issue. A motion was made by Vice Chairman Adams, seconded by Commissioner O'Bryan, to approve staffs recommendation. The motion carried by the following vote: Aye: 3 - Chairman Solari, Vice Chairman Adams, and Commissioner O'Bryan Nay: 2 - Commissioner Flescher, and Commissioner Zorc 170 /5'62 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: January 31, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Final Pay to Geosyntec for Work Authorization CCNA-2018 WO No. 2 —Title V Air Operations Permit Modification Application Descriptions and Conditions: On October 16, 2018, the Solid Waste Disposal District (SWDD) Board approved CCNA-2018-Work Order No. 2 to Geosyntec Consultants, Inc. (Geosyntec) to provide Class I Landfill professional engineering services for the Title V Air Operations Permit Modification Application, in an amount not to exceed $24,998.00. Geosyntec's authorized scope of work included general consulting, meeting support and project management; the preparation and submittal of the Title V permit modification application; and response to regulatory comments. Analysis: Geosyntec has satisfactorily completed all of the tasks described in the scope of work for a total of $24,979.88 which includes the final invoice of $805.37. Attached is Geosyntec's letter report describing in more details the services provided under this work order. Funding: Funding for this work is budgeted and available in the Engineering Services account in the SWDD Landfill Fund, which is funded from SWDD assessments and user fees. The account has a remaining balance of $334,202.33. Description Account Number Amount Engineering Services 41121734-033130 $805.37 Recommendation: Solid Waste Disposal District staff recommends that its Board approve Geosyntec Consultants, Inc.'s final invoice amount of $805.37. Attachment: 1. Geosyntec Project Completion Report & Final Invoice. 171 Geosyntec� consultants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th:Avenue SW Vero Beach, Florida 32968 1200 Riverplace Blvd., Suite 710 Jacksonville, Florida 32207 PH 904.858.1818 FAX 904.396.1143 www.geosyntec.com 22 January 2020 Subject: Project Management Completion Report and Transmittal of Invoice No. 391097 IRC — 2016 Title V Air Operations Permit Modification Application. IRC Work Authorization No. CCNA-2018 Work Order No. 2 Indian River County Landfill Facility, Vero Beach, Florida Dear Mr. Mehta: INTRODUCTION Geosyntec Consultants, Inc. (Geosyntec) is pleased to present to you this project completion report for Geosyntec Project No. FL3459 — Title. V Air Operations Permit Modification Application for the Indian River County Landfill Facility. This project was completed under Work Order No. CCNA-2018-Work Order No. 2 authorized on October 16, 2018, pursuant to that certain Continuing Contract Agreement for Professional. Services, dated April 17, 2018, entered as of this 4th day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec ("CONSULTANT"). This report has been preparedas a supplement to our final invoice No. 391097, dated 20 January 2020. SCOPE OF WORK The scope of work authorized under Work Order No. CCNA-2018-Work Order No. 2 was divided into three phases: (i) General Consulting/Meeting Support/Project Management; (ii) Title V Air Operations Permit Modification Application; and (iii) Response to Regulatory Comments. The following is a phase by phase summary of the work that Geosyntec performed under this Work Order. engineers j scientists 1 innovators 172 Mr. Hirnanshu H. Mehta, P.E. 22 January 2020 Page 2 Phase 1— General Consulting/Meeting Support/Project Management Under this phase, Geosyntec performed project planning and management responsibilities, such as meetings and correspondences with SWDD and Division of Air Resource Management (DARM) of the Florida Department of Environmental Protection (FDEP); invoice review and preparation; project coordination; and project administration. Geosyntec also had a pre -application meeting on November 2, 2018 with the FDEP DARM office in the Northeast District (NED), the permitting agency for the Southeast District (SED), to discuss the permitting process for the first emergency standby generator for the administrative building which was installed on May 18, 2018 and the second generator for the landfill leachate lift station which was yet to be installed. The FDEP agreed to our request to combine both into one permit application package. Phase 2 — Title V Air Operations Permit Modification Applications Under this phase, Geosyntec completed . FDEP, DARM Form No. 62-210.900(1) titled "Application for Air Permit - Long Form" and addressed the additional information items required by the form for the two emergency generators at the IRCL facility. The combined Title V Air Operations Permit application was submitted to the FDEP DARM on November 17, 2018. Phase 3 — Response. to Regulatory Comments Under this phase, Geosyntec monitored the progress of the permit application review and responded to requests for additional information (RAIs) by FDEP-DARM. On February 5, 2019, the FDEP-DARM issued to SWDD a draft Title V Air Operation permit revision for review and an advertisement for publishing in a local newspaper. The advertisement informed the public that FDEP-DARM intends to issue the permits to the SWDD landfill and solicit comments from the public. Copies of the application and the proposed permits were also submitted to the Environmental Protection Agency (EPA), Atlanta District for review and comments. Geosyntec reviewed the draft permit and provided suggested changes to FDEP. The review period was limited to 45 days and in the absence of comments by either the EPA and/or the public, the FDEP-DARM issued the final Title V Air Operation Permit Revision (No. 0610015 -007 -AV) on March 27, 2019. Geosyntec subsequently assisted SWDD in responding to a special request from FDEP for additional emissions information on the two emergency generators. engineers 1 scientists 1 innovators 173 Mr. Himanshu H. Mehta, P.E. 22 January 2020 Page 2 BUDGET The approved budget for Work Order No. CCNA-2018-Work Order No. 2 was $24,998.00. The total invoiced amount, including the final invoice is $24,979.88. Therefore, Geosyntec completed this project within the approved budget. CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any question regarding this correspondence, please feel free to contact the undersigned at (904) 424-6975. Sincerely Kwasi Badu-Tweneboah, Ph.D., P.E. Principal Engineer Enclosure: Invoice No. 391097 engineers I scientists I innovators 174 Geosyntec Consultants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue Southwest Vero Beach, Florida 32968 1200 Riveiplace Blvd., Suite710 Jacksonville, Florida 32207 Pit 904 858.1818 FAX 904.396.1143 www.geosyntec.com 21 January 2020 Subject: Project Management Report and Transmittal of Invoice No. 391097 IRC - 2016 Title V Air Operations Permit Modification Application Indian River County Landfill Facility Dear Mr. Mehta: Geosyntec Consultants, Inc. (Geosyntec) prepared this project management report to address the professional services for the Title V Air Operations Permit Modification Application for the Class I landfill at the Indian River County (IRC) landfill facility. This report presents: (i) a budget overview for this project; (ii) a summary of activities completed to date; (iii) a discussion of the work reflected on the enclosed invoice; (iv) a discussion of ongoing work; and (v) recommended actions for the site. The enclosed invoice reflects work that was performed through 31 December 2019. Table 1 provides invoicing detail for the project. PROJECT MANAGEMENT SUMMARIES Geosvntec's Project No. FL3459: Title V Air Operations Permit Modification Application — Jndian River County Landfill Facility (IRC Work Authorization No. CCNA-2018 Work Order No. 21 Budget Overview Invoice No. 391097 (enclosed) dated 20 January 2020 for $805.37 is the 15th and final invoice for Project No. FL3459. Listed below is a summary of the budget, including invoiced amount and remaining budget. Approved Budget: Invoiced Amount: Remaining Budget $24,998.00 $24,979.88 $ 18.12 Geosyntec is within the budget appropriated for this project. FL3459-01\FL3459_JL20004 engineers I scientists 1 innovators 175 Mr. Himanshu H. Mehta, P.E. 21 January 2020 Page 2 WORK COMPLETED TO DATE The tasks performed under this invoice include meeting participation, correspondence/communication with SWDD, technical support, and project management, including invoicing. WORK REFLECTED ON ENCLOSED INVOICE Labor reflected on the enclosed invoice is mainly attributed to the following: • Labor indicated as professional services ($723.75) is associated with meeting participation, correspondence/communication with SWDD, technical support, and project management. • Other expenses are associated with communications fee ($21.71) and reimbursable expense (59.91). ONGOING WORK None RECOMMENDED ACTIONS This completes this project. CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any questions regarding this correspondence, please feel free to contact me at 904.858.1818. Sincerely, Kwasi Badu-Tweneboah, Ph.D., P.E. Principal Engineer Enclosure — Invoice No. 391097 engineers 1 scientists 1 innovators 176 Table 1 Summary of Invoices Submitted for Geosyntec's Project Number 3459 IRC — Title V Air Operations Permit Modification Application Geosyntec Project Number/IRC Work Authorization Number Invoice No. Invoice Date Amount. FL3459/CCNA 2018-W02 124357865 11/08/2018 $762.20 124360123 12/10/2018 $9,783.71 124362754 1/21/2019 $2,353.95 124363937 2/8/2019 $4,060.78 124366413 3/13/2019 883.23 124368532 4/12/2019 $1,577.19 124371467 5/17/2019 $596.11 124372787 6/10/2019 $364.36 124375717 7/16/2019 $496.98 124378220 8/19/2019 $115.88 380223 9/11/2019 $943.74 381949 10/2/2019 $977.21 385722 11/16/2019 $977.21 388278 12/13/2019 $281.96 391097 1/20/2020 $805.37 TOTAL $24,979.88 FL3459-01\FL3459 JL20004 177 Geosyntect> consultants PLEASEREMITPAYMENTTO: Geosyntec Consultants, Inc. 900 Broken Sound Parkway NW, Suite 200 Boca Raton, Florida 33487-2775 USA Tel (561) 995-0900 Fax (561)995-0925 INDIAN RIVER COUNTY SWDD 1325 74TH AVENUE SW VERO BEACH, FL 32968 Attention: HIMANSHU MEHTA, P.E. Invoice #: 391097 Invoice Date: 1/20/2020 Project: FL3459 Project Name: TITLE VAIR OP PERMIT MODS For Professional Services Rendered through transaction date: 12/31/2019 IF YOU HAVE QUESTIONS ABOUT THIS INVOICE, PLEASE CONTACT KWASI BADU-TWENEBOAH AT 904-450-4259 CCNA 2018 WORK ORDER #2 Professional Services 3.0% Communication Fee Reimbursable Expenses Current Invoice $723.75 $21.71 $59.91 $805.37 -Amount Due This Invoice ** $805.37 Statement Prior Billings Current Invoice Billed To Date Paid To Date $24,174.51 $805.37 $24,979.88 $24,174.51. Project Budget Expended to Date Contract Balance **Amount Due This Invoice ** $24,998.00 $24,979.88 $18.12 $805.37 178 Project: FL3459 -- TITLE V AIR OP PERMIT MODS Invoice # :391097 Phase : 011 PM/MEETINGS Class I Employee Name PROJECT ADMINISTRATOR HERNANDEZ, STEPHANIE Date Hours Rate Amount 12/13/2019 0.50 . 65.00 12/30/2019 0.25 65.00 Total: PROJECT ADMINISTRATOR 0.75 PRINCIPAL BADU-TWENEBOAH, KWASI Total: PRINCIPAL Total Phase : 01) PM/MEETINGS 12/10/2019 12/16/2019 12/17/2019 12/18/2019 32.50 16.25 48.75 Phase Labor 723.75 3.0% Communication Fee 21.71 Phase: 03) RESPONSE TO REGULATORY COMMENTS Vendor Name Doc Nbr Date Cost drtultiolier Amount Rental Vehicle/Transp-Billable BADU-TWENEBOAH, KWASI 0038930684 12/21/2019 59.91 1.000 59.91 Total Phase: 03) RESPONSE TO REGULATORY COMMENTS Phase Expense 59.91 Total Proiect Labor 3.0% Communication Fee Total Project Expense 723.75 21.71 59.91 Total Project: FL3459 -- TITLE VAIR OP PERMIT MODS 805.37 INCPMGEOPH Page 179 • THE HERTZ CORPORATION Phone: 1-888-333-6820 Fax: E-mail: Direct All Inquiries To: THE HERTZ CORPORATION COMMERCIAL BILLING DEPT 1124 PO BOX 121124 DALLAS, TX 75312-1124 DR K BADU TWENEBOAH GEOSYNTEC CONSULTANTS 900 BROKEN SOUND PKWY NW 200 BOCA RATON, FL 33487 RENTAL REFERENCE _Rental Agreement No: 189765960 . Reservation ID: J2463278756 IATA/TACO: 00402900 MISCELLANEOUS INFORMATION 405-715 CHARGE DETAIL Gold Plus Rewards Points Earned this rental: 312 E -RETURN RECEIPT Renter: Account No.: CDP No.: CDP Name: TWENEBOAH K BADU '*****"0313 HCC 233665 GEOSYNTEC CONSULTANTS FL1968H: 179.75. FL3459: 59 .91 RENT= -,DETAILS... Rate Plan: Rented On: Returned On: Car Description: Veh. No.: CAR CLASS Charge IN: CRL OUT: CRL 12/17/2019 09:00 LOC# 745123 JACKSONVILLE, FL 12/21/2019 09:00 LOC# 745125 JACKSONVILLE, FL SIR ROGUESPORTN •LDHT21 9284027 d: Q4 MILEAGE Rented: Q5 Reserved: Q4 RENTAL CHARGES. UAYS SUBTOTAL In: .22,565 Out: 21,755 .Driven: 810 VEHICLE LICENSE FEE MOTOR VEHICLE LEASE TAX ENERGY SURCHARGE TAX TOTAL CHARGES 4 239.66 USD THANK YOU FOR RENTING FROM HERTZ ALL CHARGES HAVE BEEN BILLED TO YOUR ACCOUNT. Direct All Inquiries To: THE HERTZ CORPORATION COMMERCIAL BILLING DEPT1124 PO BOX 121124 DALLAS, TX 75312-1124 UNITED STATES. Phone: Fax: 'E-mail: aan.i w 1-888-333-6820 405-775-6770 CBDEPT@HERTZ.COM 009 0 CB Rental Agreement No: 189785960 Date: 12/21/2019 Document: • • 979004928800 Renter: Account No.: ITOTAL CHARGES TWENEBOAH K BADU *0313 HCC 239.66 USDI 180