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Home My WebLink About11/03/20206iORW BOARD. OF_ COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, NOVEMBER 3, 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 Jason E. Brown, County Administrator Vice Chairman Joseph E. Flescher Dylan Reingold, County Attorney Commissioner Tim Zorc Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Commissioner Peter D. O'Bryan Commissioner Bob Solari This meeting can be attended virtually via Zoom. Instructions can be found with this agenda and also online at www.ircgov.com. 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Roger Ball, Freedom Church 3. PLEDGE OF ALLEGIANCE. Commissioner Bob Solari 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Recognizing the Month of November, 2020, as National Adoption Awareness Month Attachments: Proclamation 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION November 3, 2020 Page 1 of 4 7.A. City of Vero Beach Ordinance 2020-17, Notice of Voluntary Annexation of 23.65 Acres More or Less Attachments: COVB Annexation Ordinance 2020-17 8. CONSENT AGENDA 8.A. Checks and Electronic Payments October 9, 2020 to October 15, 2020 Attachments: Finance Department Staff Report 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. MJS Vero Land, LLC Request to Rezone +/- 19.32 Acres from RM -6 to RM -8 (RZON2005090430-87617) [Quasi -Judicial] Attachments: Staff Report Summary Page Rezoning Application Excerpt from Draft Minutes of 9/24/2020 P&Z Table of Uses and, Size and Dimension Criteria for Multi -Family Section 902.12(3) Standards of Review Ordinance B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing Scheduled for November 10, 2020 to Consider an Ordinance Authorizing an Extension of the Temporary Moratorium for an Additional 180 Days with regard to Class B Biosolids - LEGISLATIVE Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works November 3, 2020 Page 2 of 4 H. Utilities Services 12.11.1. North Sebastian Water and Sewer Phase 2 - Approval of SJRWMD Cost -Share Agreement and Next Steps Attachments: Staff Report SJRWMD Cost Share Agreement FDEP Amendment No. 1 to LP00019 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Tim Zorc 14.C.1. Discussion on Changing IRC Policy for Consultants' Competitive Negotiation Act Projects to Include New Scoring Categories for Owner Surprises and Past Litigation Attachments: Commissioner's Memorandum D. Commissioner Peter D. O'Bryan E. Commissioner Bob Solari 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT November 3, 2020 Page 3 of 4 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a. m. until 5:00 p. m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m. November 3, 2020 Page 4 of 4 PROCLAMATION RECOGNIZING THE MONTH OF NOVEMBER, 2020, AS NATIONAL ADOPTION AWARENESS MONTH WHEREAS, Indian River County recognizes the communal importance of providing children in foster care with safe, permanent homes where they can grow and thrive; and WHEREAS,. every child deserves the chance to grow up in a loving, stable family; and WHEREAS, there are currently 50 children awaiting adoption across the Treasure Coast, including six in Indian River County; and WHEREAS, children waiting for adoptive parents, and the families who have already adopted or are considering adopting these children, require and deserve community and agency support; and WHEREAS, Communities Connected for Kids and its network of family support service providers — including Place of Hope, Mount Bethel Human Services, 4Kids Treasure Coast, and Camelot Community Care -- work diligently with the Florida Department of Children and Families to transform the lives of hurting children and their families; and WHEREAS, this effort -- along with similar celebrations in all 50 states around the country — seeks to inspire dedicated individuals and families to make a profound difference in the life of a child through adoption. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the month of November, 2020, be recognized as National Adoption Awareness Month, and that the Board encourages community and religious organizations, businesses, and others to celebrate adoption, honor families that grow through adoption, and focus attention on those children who live in the shadow of an uncertain future while they await forever families. Adopted this 3rd day of November, 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 / 04 7A ever cbu ml� OCT 4Oft zop ofthe �Adfi�ru ORDINANCE NO. 2020- 17 strpor AN ORDINANCE OF THE CITY OF VERO BEACH, FLORIDA; REQUESTED BY SCHWERIN ASSET ADVISORS, LLC TO ANNEX PROPERTY LOCATED AT THE SOUTHEAST CORNER OF INDIAN RIVER BOULEVARD AND 41' STREET, CONTAINING 23.65 ACRES MORE OR LESS, PURSUANT TO THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044 FLORIDA STATUTES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, section 171.044 Florida Statutes,, provides for voluntary annexation of property into a municipality,. provided, among other things, that the property is contiguous to the municipality and is reasonably compact and does not create enclaves of unincorporated areas, and provided that all the owners of the propertypetition for such an annexation; and WHEREAS, the owner(s) of the property, as graphically depicted in the Exhibit attached and incorporated herein, Schwerin Asset Advisors, LLC, have determined that annexing the property into the City limits would be in their interest; and WHEREAS, the City finds that the annexation of the property satisfies the requirements of section 171.044 Florida Statutes and would be in the public interest; and WHEREAS, the City Clerk has advertised at least once each week for two (2) consecutive weeks in a newspaper, as required by section 171.044 (2) Florida Statutes; and WHEREAS, the City Clerk has provided notice to Indian River County of this annexation proceeding by certified mail at least ten (10) days before this ordinance was advertised per the requirements cited above, as required by section 171.044(6) Florida Statutes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VERO BEACH, FLORIDA, THAT: SectionL Adoption of "Whereas" clauses. The foregoing "WHEREAS" clauses are hereby adopted herein. Section ._2. -Adoption of Land Annexed. The property consisting of 23.65 acres more or less which is located at the southeast corner of Indian River Boulevard and 41" Street, and which is more particularly described in the Exhibit attached and incorporated herein. Page 1 of 3 Phis Exhihit(s) incorporated by reference 2 Section '3. Redefine and Record Boundaries. The City Engineer is authorized to prepare a redefinition of the boundary lines of the municipality for inclusion in the City Charter. A copy of such revision is to be filed with the - Department of State within thirty (30) days of the adoption, with a copy to the Office of Economic and Demographic ,Research, as required by section 171.091 Florida Statutes. Section 4. Copies to State and County. The City Clerk is directed to file a copy of this annexing ordinance with the Clerk of the Circuit Court of Indian River County, the County Administrator of Indian River County, and the Department of the State of Florida within seven (7) days after its adoption, as required by section 171.044 (3) Florida Statutes. Section 5. Ordinance Effective Date. This ordinance shall become effective upon final adoption by the City Council. This Ordinance was read for the first time on the _ 7�day of �'i ,C7L► A20, and was advertised on the Q ciav of and one week later on the ._ t 'day ofL /Z�l 2020 as being scheduled for a puotic iSearin to be held on the _day of 20, at the conclusion of which hearing it was moved for adoption by Councilmember 1.}_ L'► C ; seconded by Councilmember, 1 CSC, K t' ! _ and adopted by the following vote: ATTEST:. Tammy K.13u ick City Clerk \,j (SEAL) Mayor Anthony W. Young q Vice -Mayor. Laura Moss �1 Councilmember Robert Brackett f `7 Councilmember Joseph Graves :)t C Councilmember Rey Neville � e- t CITY OF VERO BEACH, FLORIDA Page 2 of 3 Plus fYhibit(s) incorporated nv reference 3 ADMINISTRATIVE REVIEW (For infernal Use Only-Sec.2-77 COV9 Code) Approved as to form and legal -sufficiency J S. Turner City Attorney Approved as conforming to municipal. policy: Monte—K. rails City Manager Approved as to technical requirements: . Approved as to technical requirements: rZ 146 44ffiies Planning and. Deve4opment, k Mathew Mitts Director, Public Works Page 3 of 3 Phis Ethi . bit(s) incorporated by. eeference Property Description .Annexation #2020 -AX -01 Portion of Section 25-32-39 March 20, 2020 EXHIBIT "B" PROPERTY DESCRIPTION VOLUNTARY ANNEXATION #2020 -AX -01 SECTION 25, TOWNSHIP 32 SOUTH, RANGE 39 EAST Parcel # 32-39-25-00000-5000-00001.3 Situated in the State of Florida, County of Indian River, City of Vero Beach, and being a part of Section 25, Township 32 South, Range 39 East; and being more particularly described as follows: All of that portion of the northeast quarter of the southwest quarter of Section 25, Township 32 South, Range 39 East, lying easterly of the easterly right-of-way line of Indian River Boulevard; Less, however, the following described parcel of land: Begining at the northwest corner of the northeast quarter of the southwest quarter of Section 25, Township 32 South, Range 39 East; Thence South 89051'33" East, along the quarter section line, a distance of 145 feet; Thence South 00008427" West a distance of 50 feet; Thence North 89051'33" West a distance of 125 feet; Thence South 45008'27" West a distance of 27.8 feet to the west line of said northeast quarter of the southwest quarter; Thence North 00°08'36" West a distance of 69.65 feet. to the Point of. Beginning; Said annexation parcel containing 23,65 acres more or less. 'l David Gay, PSM #597.3. • -... .t , C' z�. SAProperty Descriptions\2020t2020-AX-01 Indian River Blvd—Mar 20 2020.doc Sheet 1 of 2 l: R/w DEEDED TO t R C ^•-I BOOK 870, PAGE` 882 41ST STREET:/ (RW VARIES) - POINT OF BEGININC LESS AND EXCEPT PORTION OF PARCEL NE CORNER OF NE =/4 OF SW 1/4 OF SEC 25-32-39 �- R/W DEEDED TO I.R.C. / OR BOOM 578, PACE 1232 Y 1 c LESS R EXCEPT PORTION OF PROPERTY j t�I I SCALE ."� 24C' NE CORNER OF NE 1/4 OF SW t/4 OF SEC 25-32-39 - --- S89"51.33"E 1174.54' N45°08'27"E - NOD'08'27"E ff. NORTH LINE OF NE 1/4 OF SW 1/4 OF SEC 25-32.-39 2T.80' ` s 60.00' . r r / N00'08'36"E--fit 61.06' 'i.�-'/r!� ter' SUBJECT ` f` SUPPLIED 8Y DAVID n1. JONES, .108 # 96-036, DATED 3-5-2020. r 125.00• ��'� I/ f` ANNEXATION { s' g. PARCEL# 32-39-25-00000-5000-00001.3 rN 'm v,Ni `• I t IAT PORS10ti OF tHE R1 1/, Of Sss 1/4 pF SECTIO.'j ,l w SHEET j`OF 2L, 1 SOUTH LINE OF NE 1/4 OF SW 1/4 OF SEC 25-32-39 ` 2c_j2_3a LYING EASTERLY Of .INF FASTFRI_'4 RIGHT Of EXHIBIT "B" �V;�t(l. LP�t)A' I ,/ •.vnv Or INDIAN R.vER BOULEVARD;- , v -�. I 11"6A TE ^i I A.ESS . ItO LVFR, tHE FOLLCI'MNG CIE5CftIt3t0 PARCEL OF LAND; t^ ' SW1'%4\OF SEC 25-32-39 I .✓ f !� i i i BEGIN AT THE NU1tTHWEST CORNER Of sHE NORTHEAST OUARTTj4 o SURVEY 3r ENGINEERING DIVISION SECTION 25-32-3 OF THE SOUTHWEST OUART:R; THENCE SOUTH 89'503" EAST 03/2o2c1 DG I y ALONG THE QUARTER SECTION LINE, A DISTANCE OF 145 FEET; 'THENCE SOUTH 00'C8'27" WEST, A DISTANCE OF 50 FEET; +� 3 , y'� THENCE NORTH 99'51'33" WEST, A DISTANCE OF 125 FEET; Ian ♦♦ P �`7J rs THENCE SOUTH 45'08`27" WEST, A O'STANCE OF 2780 FEET TO o LINE OF THE WEST SAID NORTHEAST QUARTER OF THE SOUTHWEST /`. `QUARTER; THENCE 00'0836' I i a O NORTH WEST. A DISTANCE OF 69.65/ FEET TO THE POINT OF BEC,INN;NG. �� z 1 N ,y. 0 CONTAINING 23.05ACRES t IJ O' a Ie ♦\ /jam � �� ♦♦ 11•I 1 � J W o/ j r f ;�r {, 'i.�-'/r!� SUPPLIED 8Y DAVID n1. JONES, .108 # 96-036, DATED 3-5-2020. 1 a,, { 'm v,Ni I d SHEET j`OF 2L, I SOUTH LINE OF NE 1/4 OF SW 1/4 OF SEC 25-32-39 ` 129.29' EXHIBIT "B" �V;�t(l. LP�t)A' �n 1.-------------------------------------,-.-...�Y--_---_- VOLUNTARY ANNEXATION . cliitPROJEc'ri* 2020—AX-01 11"6A TE ^i I SE CORNER OF NE 1/4 OF SW1'%4\OF SEC 25-32-39 PORTION OF NE 114 OF SE 1/4 OF �� t31?tvN 9i �`-CHtC E7 `us,:tt&IYaY. 4, SURVEY 3r ENGINEERING DIVISION SECTION 25-32-3 03/2o2c1 DG MTtvt.10 :;; ;,� Y pra�c , o/ j NOTE; PROPERTY DESCRIPTION 1S BASED UPON THE 0FE0 AND A SURVEY 'i.�-'/r!� SUPPLIED 8Y DAVID n1. JONES, .108 # 96-036, DATED 3-5-2020. .'t-�-•-- a,, 'm v,Ni THIS SKETi1 -EIS NOT A SURVEY SHEET j`OF 2L, ' CITY OF VERO BEACH SKETCH OF PROPERTY DESCRIPTION EXHIBIT "B" �V;�t(l. LP�t)A' �n DEPART 'ENT OF PUBLIC WORKS VOLUNTARY ANNEXATION cliitPROJEc'ri* 2020—AX-01 11"6A TE ^i I oDATE PORTION OF NE 114 OF SE 1/4 OF �� t31?tvN 9i �`-CHtC E7 `us,:tt&IYaY. 4, SURVEY 3r ENGINEERING DIVISION SECTION 25-32-3 03/2o2c1 DG MTtvt.10 :;; ;,� Y pra�c , q6' JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: October 15, 2020 GompT I;��•f-4r RO�� •o 9 � e SYR yFR coUNYyf o SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS October 9, 2020 to October 15, 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 October 9, 2020 to October 15, 2020. 7 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 400430 10/12/2020 FLORIDA WATER & POLLUTION CONTROL 405.00 400431 10/12/2020 HOLIDAY INN 249.30 400432 10/15/2020 FLORIDA FLOODPLAIN MANAGERS ASSOC 75.00 400433 10/15/2020 FLORIDA FLOODPLAIN MANAGERS ASSOC 75.00 400434 10/15/2020 RACE TO SAFETY TRAINING LLC 1,480.00 400435 10/15/2020 PORT CONSOLIDATED INC 829.94 400436 10/15/2020 STURGIS LUMBER & PLYWOOD CO 138.19 400437 10/15/2020 COMMUNICATIONS INTERNATIONAL 1,542.03 400438 10/15/2020 TEN -8 FIRE EQUIPMENT INC 137.70 400439 10/15/2020 VERO CHEMICAL DISTRIBUTORS INC 1,759.10 400440 10/15/2020 RICOH USA INC 88.91 400441 10/15/2020 HENRY SCHEIN INC 603.34 400442 10/15/2020 SAFETY PRODUCTS INC 2,373.00 400443 10/15/2020 AT&T WIRELESS 2,437.24 400444 10/15/2020 DATA FLOW SYSTEMS INC 4,054.00 400445 10/15/2020 BRENDA DICKHART 725.00 400446 10/15/2020 B G KENN INC 1,397.05 400447 10/15/2020 E -Z BREW COFFEE & BOTTLE WATER SVC 26.45 400448 10/15/2020 GRAINGER 3,640.66 400449 10/15/2020 SAFETY KLEEN SYSTEMS INC 413.00 400450 10/15/2020 GRAYBAR ELECTRIC 1,111.07 400451 10/15/2020 CHANDLER EQUIPMENT CO INC 972.84 400452 10/15/2020 HACH CO 4,591.31 400453 10/15/2020 SWE INC 1,250.00 400454 10/15/2020 BOUND TREE MEDICAL LLC 1,741.60 400455 10/15/2020 SCHULKE BITTLE & STODDARD LLC 900.00 400456 10/15/2020 CITY ELECTRIC SUPPLY COMPANY 36.00 400457 10/15/2020 CARTER ASSOCIATES INC 4,420.00 400458 10/15/2020 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 2,200.00 400459 10/15/2020 BLAKESLEE SERVICES INC 660.00 400460 10/15/2020 BAKER & TAYLOR INC 2,085.67 400461 10/15/2020 BARNEYS PUMP INC 15,352.00 400462 10/15/2020 MIDWEST TAPE LLC 118.03 400463 10/15/2020 BAKER DISTRIBUTING CO LLC 622.17 400464 10/15/2020 ATKINS NORTH AMERICA INC 13,668.00 400465 10/15/2020 CENGAGE LEARNING INC 10,553.49 400466 10/15/2020 FLORIDA ASSOCIATION OF COUNTIES INC 16,778.00 400467 10/15/2020 ENNIS-FLINT INC 3,900.00 400468 10/15/2020 CLERK OF CIRCUIT COURT 78.68 400469 10/15/2020 CLERK OF CIRCUIT COURT 2,129.60 400470 10/15/2020 INDIAN RIVER COUNTY HEALTH DEPT 19,002.58 400471 10/15/2020 CITY OF VERO BEACH 5,945.00 400472 10/15/2020 CITY OF VERO BEACH 4,978.97 400473 10/15/2020 CITY OF VERO BEACH 780.83 400474 10/15/2020 INDIAN RIVER ALL FAB INC 900.00 400475 10/15/2020 AT&T CORP 124.85 400476 10/15/2020 UNITED STATES POSTAL SERVICE 288.00 400477 10/15/2020 TREASURE COAST HOMELESS SERVICES 877.13 400478 10/15/2020 PUBLIX SUPERMARKETS 125.00 400479 10/15/2020 FLORIDA DEPT OF AGRICULTURE AND 400.00 400480 10/15/2020 ROGER CLEVELAND GOLF INC 128.80 400481 10/15/2020 WEST PUBLISHING CORPORATION 387.00 400482 10/15/2020 FEDERAL EXPRESS CORP 116.74 400483 10/15/2020 CENTRAL A/C & REFRIGERATION SUPPLY INC 43.18 400484 10/15/2020 CALLAWAY GOLF SALES COMPANY 2,961.48 400485 10/15/2020 FLORIDA POWER AND LIGHT 20,297.33 400486 10/15/2020 FLORIDA POWER AND LIGHT 6,714.12 406487 10/15/2020 FLORIDA POWER AND LIGHT 6,050.32 TRANS NBR DATE VENDOR AMOUNT 400488 10/15/2020 PUBLIC DEFENDER 5,981.37 400489 10/15/2020 FLORIDA PUBLIC EMPLOYER LABOR 225.00 400490 10/15/2020 STATE ATTORNEY 10,669.04 400491 10/15/2020 CITY OF FELLSMERE 558.00 400492 10/15/2020 PEACE RIVER ELECTRIC COOP INC 220.83 400493 10/15/2020 KENNETH CAMPBELL SENIOR 225.00 400494 10/15/2020 TREASURE COAST SPORTS COMMISSION INC 8,074.12 400495 10/15/2020 THE ROOF AUTHORITY INC 8,679.00 400496 10/15/2020 TRICARE 1,043.77 400497 10/15/2020 FIRST CHURCH OF GOD OF VERO BEACH INC 1,260.60 400498 10/15/2020 BE SAFE SECURITY ALARMS INC 145.00 400499 10/15/2020 UNITED HEALTH CARE INS COMPANY 99.28 400500 10/15/2020 TRANSPORTATION CONTROL SYSTEMS 7,669.50 400501 10/15/2020 INDIAN RIVER FARMS WATER CNTRL DIST 200.00 400502 10/15/2020 PITNEY BOWES INC 201.00 400503 10/15/2020 G K ENVIRONMENTAL INC 4,650.00 400504 10/15/2020 JOHN BROWN & SONS INC 5,797.50 400505 10/15/2020 BLUE CROSS BLUE SHIELD 82.35 400506 10/15/2020 BLUE CROSS BLUE SHIELD 1,012.68 400507 10/15/2020 TLC DIVERSIFIED INC 50,338.14 400508 10/15/2020 INTERNATIONAL ASSOC OF EMERGENCY MANAGERS ING90.00 400509 10/15/2020 DONADIO AND ASSOCIATES ARCHITECTS PA 2,783.50 400510 10/15/2020 HUMANA 860.52 400511 10/15/2020 FORT PIERCE HOUSING AUTHORITY 1,619.00 400512 10/15/2020 ECONOLITE CONTROL PRODUCTS INC 30,947.00 400513 10/15/2020 ARCADIS U S INC 21,690.75 400514 10/15/2020 PERKINS COMPOUNDING PHARMACY 64.07 400515 10/15/2020 INSTITUTE OF TRANSPORTATION 310.00 400516 10/15/2020 PUKKAINC 741.12 400517 10/15/2020 ANTHEM BC BS OF CONNECTICUT 102.29 400518 10/15/2020 HULETT ENVIRONMENTAL SERVICES 160.00 400519 10/15/2020 POTTERS INDUSTRIES LLC 1,260.00 400520 10/15/2020 CELICO PARTNERSHIP 6,258.73 400521 10/15/2020 FLORIDA ASSOCIATION OF ENVIRONMENTAL 55.00 400522 10/15/2020 FLORIDA DEPT OF JUVENILE JUSTICE 30,532.00 400523 10/15/2020 CONTROL SYSTEMS DESIGN INC 945.00 400524 10/15/2020 FLORIDA FLOODPLAIN MANAGERS ASSOC 60.00 400525 10/15/2020 FASTENAL COMPANY 2,181.87 400526 10/15/2020 THE SHERWIN WILLIAMS CO 21.99 400527 10/15/2020 SOUTHERN JANITOR SUPPLY INC 2,375.01 400528 10/15/2020 JOHNS EASTERN COMPANY INC 56,275.50 400529 10/15/2020 OCLC ONLINE COMPUTER LIBRARY CENTER 470.40 400530 10/15/2020 MBV ENGINEERING INC 26,615.00 400531 10/15/2020 MASTELLER & MOLER INC 23,525.00 400532 10/15/2020 HEVERON GROUP INC 2,100.00 400533 10/15/2020 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 6,238.57 400534 10/15/2020 WALKER, LEN & VIRGINIA 99.28 400535 10/15/2020 CAROLE J MADIGAN 6,870.00 400536 10/15/2020 ORCHID ISLAND PROPERTY MGMT II INC 600.00 400537 10/15/2020 1 ST FIRE & SECURITY INC 204.00 400538 10/15/2020 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 6,818.97 400539 10/15/2020 PAK MAIL 144.10 400540 10/15/2020 RUSH TRUCK CENTERS OF FLORIDA 161,739.65 400541 -10/15/2020 COMMUNICATIONS BROKERS & CONSULTANTS INC 0.98 400542 10/15/2020 JOHNNY B SMITH 75.00 400543 10/15/2020 CHARLES A WALKER 175.00 400544 10/15/2020 CEMEX INC 359.64 400545 10/15/2020 R J CORPORATION 5,000.00 400546 10/15/2020 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 3,125.00 400547 10/15/2020 JASMIN, MARIO & RUTH 500.00 9 TRANS NBR DATE VENDOR AMOUNT 400548 10/15/2020 WILLIAM C DANKS 99.13 400549 10/15/2020 JOHN H BARTON 99.83 400550 10/15/2020 JANIS E HILLCOAT 7.40 400551 10/15/2020 NICOLACE MARKETING INC 6,249.00 400552 10/15/2020 WINSUPPLY OF VERO BEACH 895.10 400553 10/15/2020 FLORIDA MEDICAID 474.98 400554 10/15/2020 NORTH HARRIS COMPUTER CORPORATION 97,606.70 400555 10/15/2020 FRANCOIS G BRUTSCH 250.00 400556 10/15/2020 RODRIGO PENALOZA 2,600.00 400557 10/15/2020 TORRES ELECTRICAL SUPPLY COMPANY INC 2,000.00 400558 10/15/2020 PNC BANK NA 2,926.92 400559 10/15/2020 MURPHY & WALKER P L 2,567.00 400560 10/15/2020 OVERDRIVE INC 505.06 400561 10/15/2020 STATE OF FL DEPT OF ECONOMIC OPPORTUNITY 175.00 400562 10/15/2020 STATE OF FL DEPT OF ECONOMIC OPPORTUNITY 175.00 400563 10/15/2020 KEITH GROCHOLL 125.00 400564 10/15/2020 ORLANDO FREIGHTLINER INC 451.15 400565 10/15/2020 MOORE MOTORS INC 449.50 400566 10/15/2020 NEWSOM OIL COMPANY 604.00 400567 10/1.5/2020 CLEAN SWEEP & VAC LLC 6,333.60 400568 10/15/2020 CARDINAL HEALTH 110 INC 2,239.73 400569 10/15/2020 KYLE ANDERSON 275.00 400570 10/15/2020 ADAMS FENCE 2 LLC 75.00 400571 10/15/2020 BURNETTLIMECOINC 3,186.40 400572 10/15/2020 SOUTHWIDE INDUSTRIES INC 1,892.60 400573 10/15/2020 ATLANTIC ROOFING II OF VERO BEACH INC 11,709.00 400574 10/15/2020 AMERICAN MINORITY BUSINESS FORMS 280.00 400575 10/15/2020 TREASURE COAST TURF INC 2,005.00 400576 10/15/2020 STRAIGHT OAK LLC 218.85 400577 10/15/2020 CALDWELL PACETTI EDWARDS 2,072.30 400578 10/15/2020 MARION K FREDERICK 80.50 400579 10/15/2020 SOUTHERN MANAGEMENT LLC 2,993.00 400580 10/15/2020 PRS 641.30 400581 10/15/2020 SAMBA HOLDINGS INC 1,634.26 400582 10/15/2020 FIRST COAST SERVICE OPTIONS 244.52 400583 10/15/2020 REI ENGINEERS INC 4,020.00 400584 10/15/2020 THE LAW OFFICES OF 701.00 400585 10/15/2020 PIERCE GOODWIN ALEXANDER & LINVILLE INC 2,361.75 400586 10/15/2020 MASCHMEYER CONCRETE COMPANY OF FLORIDA 1,678.00 400587 10/15/2020 SYLIVIA MILLER 1,523.00 400588 10/15/2020 THE TRANSIT GROUP INC 15,344.38 400589 10/15/2020 ANDERSEN ANDRE CONSULTING ENGINEERS INC 6,256.50 400590 10/15/2020 CATHEDRAL CORPORATION 3,083.74 400591 10/15/2020 MOCAVOINC 995.00 400592 10/15/2020 UNIFIRST CORPORATION 1,954.99 400593 10/15/2020 CDA SOLUTIONS INC 3,507.38 400594 10/15/2020 SUNSHINE HEALTH PLAN MEDICAID 666.46 400595 10/15/2020 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 805.22 400596 10/15/2020 PATRIOT PRODUCTIONS LLC 250.00 400597 10/15/2020 CROSSOVER MISSION 12,105.97 400598 10/15/2020 WURTH USA INC 320.64 400599 10/15/2020 FLORIDA EAST COAST HOLDINGS CORP 35,302.92 400600 10/15/2020 TRIPLE L IRRIGATION INC 1,128.25 400601 10/15/2020 EASTERN PIPELINE CONSTRUCTION INC 4,850.00 400602 10/15/2020 AC VETERINARY SPECIALTY SERVICES 853.23 400603 10/15/2020 MATHESON TRI -GAS INC 4,102.50 400604 10/15/2020 COLE AUTO SUPPLY INC 1,937.33 400605 10/15/2020 RHOADES AIR & HEAT 9,436.00 400606 10/15/2020 RECYCLING ROCKS LLC 6,400.00 400607 10/15/2020 RELX INC 410.00 10 TRANS NBR DATE VENDOR AMOUNT 400608 10/15/2020 NESTLE WATERS NORTH AMERICA 225.62 400609 10/15/2020 CALVIN GIORDANO & ASSOCIATES INC 15,661.25 400610 10/15/2020 LOCKTON COMPANIES 22,375.00 400611 10/15/2020 CORE & MAIN LP 111,745.67 400612 10/15/2020 JOE PAYNE INC 29,902.08 400613 10/15/2020 WELLMED 804.69 400614 10/15/2020 WOERNER AGRIBUSINESS LLC 413.50 400615 10/15/2020 REXEL USA INC 1,242.58 400616 10/15/2020 CHANGE HEALTHCARE LLC 35,838.85 400617 10/15/2020 ENGINEERED SERVICES INC 120.00 400618 10/15/2020 VEROLA STUDIO LLC 2,490.00 400619 10/15/2020 EMPIRE PIPE ORLANDO LLC 1,555.00 400620 10/15/2020 TYCO FIRE & SECURITY MANAGEMENT INC 2,525.00 400621 10/15/2020 WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS ZU56 400622 10/15/2020 STATE OF FLORIDA 29,226.51 400623 10/15/2020 AMAZON CAPITAL SERVICES INC 5,781.94 400624 10/15/2020 W&J CONSTRUCTION CORP 114,048.77 400625 10/15/2020 PIRATE PEST CONTROL LLC 1,568.00 400626 10/15/2020 AMERIGAS PROPANE LP 5,303.20 400627 10/15/2020 THE HOPE FOR FAMILIES CENTER INC 3,977.05 400628 10/15/2020 JORDAN POWER EQUIPMENT CORP 2,684.53 400629 10/15/2020 DEANGELO BROTHERS LLC 1,350.00 400630 10/15/2020 PC SOLUTIONS & INTEGRATION INC 22,176.56 400631 10/15/2020 APTIM CORP 13,766.75 400632 10/15/2020 GATEWAY SERVICES USA LLC 11.00 400633 10/15/2020 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 191.06 400634 10/15/2020 XGD SYSTEMS LLC 12,960.43 400635 10/15/2020 MT CAUSLEY LLC 20,680.00 400636 10/15/2020 FERGUSON US HOLDINGS INC 18,053.80 400637 10/15/2020 BLUE GOOSE CONSTRUCTION LLC 6,424.33 400638 10/15/2020 STAPLES INC 814.93 400639 10/15/2020 STAPLES INC 73.08 400640 10/15/2020 LOWES COMPANIES INC 14,438.28 400641 10/15/2020 PEOPLEREADY INC 10,958.40 400642 10/15/2020 SMI TRADING LLC 405.21 400643 10/15/2020 HOLLINGER METAL EDGE 178.30 400644 10/15/2020 MILLENNIUM CREMATORY LLC 425.00 400645 10/15/2020 NURSERYMENS SURE GRO CORP 2,201.62 400646 10/15/2020 CHRIS ZAVESKY 50.00 400647 10/15/2020 SCHMIDT REAL ESTATE FLORIDA EAST COAST LLC 1,850.00 400648 10/15/2020 JEFFREY ALAN BRAUER 350.00 400649 10/15/2020 CONTROL TECHNOLOGIES INC 1,187.50 400650 10/15/2020 ROBERT A HUDSON 50.00 400651 10/15/2020 SCP DISTRIBUTORS LLC 26,967.32 400652 10/15/2020 THEODORE SEMI 75.00 400653 10/15/2020 VERO BEACH LEASED HOUSING ASSOC III LLLP 500.00 400654 10/15/2020 PALFINGER US HOLDING INC 83.92 400655 10/15/2020 CARLO MARQUES 45.00 400656 10/15/2020 BRITTON INDUSTRIES INC 223.40 400657 10/15/2020 SAFE SPACE SCAN TECHNOLOGY 2,044.46 400658 10/15/2020 TRUE DIGITAL SECURITY INC 139,093.04 400659 10/15/2020 RANDALL J STANTON 50.00 400660 10/15/2020 SALT CREEK APPAREL LLC 2,764.00 400661 10/15/2020 RANDSTAD NORTH AMERICA INC 2,943.29 400662 10/15/2020 PEOPLE READY FLORIDA INC 416.00 400663 10/15/2020 MR COOPER GROUP INC 4,500.00 400664 10/15/2020 THOMAS STARRETT 125.00 400665 10/15/2020 ALYSSA WHITE 51.29 400666 10/15/2020 JOHN LIZOTTE 28.92 400667 10/15/2020 WILLIAM MC KINLEY 34.09 11 TRANS NBR DATE VENDOR AMOUNT 400668 10/15/2020 SBOS FISHER PROPERTY CORP 50.00 400669 10/15/2020 CLAUDII.EI SETTE 50.00 400670 10/15/2020 BEVERLY SANDRA ECKLORD 75.00 400671 10/15/2020 MERITAIN HEALTH 380.67 400672 10/15/2020 MARY A KARNES 107.68 400673 10/15/2020 MARY E MAGANA 106.47 400674 10/15/2020 KEVIN P CAULFIELD 581.32 400675 10/15/2020 JUDYATWOOD 517.48 400676 10/15/2020 GISELA WALKER 77.32 400677 10/15/2020 GRACE E PAPSIN 80.76 400678 10/15/2020 FLORIDA COMMUNITY CARE 364.29 400679 10/15/2020 DEANNA RICHTARCIK 598.40 400680 10/15/2020 DAVID GRIMES 474.40 400681 10/15/2020 CHARLES R SCOTT 472.00 400682 10/15/2020 AUBREY A KELLOWAY 25.00 400683 10/15/2020 AUDREY J ROGERS 102.18 400684 10/15/2020 WILLIAM B POWERS 90.77 400685 10/15/2020 STEPHEN PARENTEAU 500.00 400686 10/15/2020 STAYWELL 91.81 400687 10/15/2020 SHARON DAVIS 95.15 400688 16/15/2020 RICHARD J CIBULA 100.81 400689 10/15/2020 SEBASTIAN CROSSINGS HOA 127.80 400690 10/15/2020 BEACH BAGEL CAFE LLC 5,000.00 400691 10/15/2020 WALTER C HAYDEN 3,000.00 400692 10/15/2020 UTIL REFUNDS 59.62 400693 10/15/2020 UTIL REFUNDS 68.52 400694 10/15/2020 UTIL REFUNDS 76.76 400695 10/15/2020 UTIL REFUNDS 43.48 400696 10/15/2020 UTIL REFUNDS 83.11 400697 10/15/2020 UTIL REFUNDS 47.23 400698 10/15/2020 UTIL REFUNDS 43.26 400699 10/15/2020 UTIL REFUNDS 80.01 400700 10/15/2020 UTIL REFUNDS 220.10 400701 10/15/2020 UTIL REFUNDS 55.52 400702 10/15/2020 UTIL REFUNDS 76.69 400703 10/15/2020 UTIL REFUNDS 40.72 400704 10/15/2020 UTIL REFUNDS 67.90 400705 10/15/2020 UTIL REFUNDS 83.35 400706 10/15/2020 UTIL REFUNDS 91.84 400707 10/15/2020 UTIL REFUNDS 51.03 400708 10/15/2020 UTIL REFUNDS 43.19 400709 10/15/2020 UTIL REFUNDS 87.86 400710 10/15/2020 UTIL REFUNDS 15.15 400711 10/15/2020 UTIL REFUNDS 36.91 400712 10/15/2020 UTIL REFUNDS 45.54 400713 10/15/2020 UTIL REFUNDS 137.26 400714 10/15/2020 UTIL REFUNDS 67.00 400715 10/15/2020 UTIL REFUNDS 68.61 400716 10/15/2020 UTIL REFUNDS 4.25 400717 10/15/2020 UTIL REFUNDS 40.72 400718 10/15/2020 UTIL REFUNDS 64.62 400719 10/15/2020 UTIL REFUNDS 66.45 400720 10/15/2020 UTIL REFUNDS 63.24 400721 10/15/2020 UTIL REFUNDS 12.28 400722 10/15/2020 UTIL REFUNDS 64.44 400723 10/15/2020 UTIL REFUNDS 20.61 400724 10/15/2020 UTIL REFUNDS 76.22 400725 10/15/2020 UTIL REFUNDS 112.95 400726 10/15/2020 UTIL REFUNDS 77.63 400727 10/15/2020 UTIL REFUNDS 32.04 12 TRANS NBR DATE VENDOR AMOUNT 400728 10/15/2020 UTIL REFUNDS 63.44 400729 10/15/2020 UTIL REFUNDS 100.00 400730 10/15/2020 UTIL REFUNDS 132.16 400731 10/15/2020 UTIL REFUNDS 106.01 400732 10/15/2020 UTIL REFUNDS 41.18 400733 10/15/2020 UTIL REFUNDS 78.32 400734 10/15/2020 UTI, REFUNDS 30.53 400735 10/15/2020 UTIL REFUNDS 83.65 400736 10/15/2020 UTIL REFUNDS 18.20 400737 10/15/2020 UTIL REFUNDS 53.59 400738 10/15/2020 UTI, REFUNDS 34.56 400739 10/15/2020 UTIL REFUNDS 56.27 Grand Total: 1,680,087.02 13 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 900810 10/09/2020 900811 10/15/2020 900812 10/15/2020 900813 10/15/2020 900814 10/15/2020 900815 10/15/2020 900816 10/15/2020 Grand Total: VENDOR ORCHARD GROVE VENTURE LLC ST FRANCIS MANOR OF VERO BEACH JESSE LEWIS CANON FINANCIAL SERVICES INC ORCHARD GROVE VENTURE LLC STAPLES INC B4 TC PROPERTIES LLC AMOUNT 270.00 160.00 778.00 447.21 1,016.00 568.54 109.00 3,348.75 14 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1017243 10/13/2020 COMCAST 748.30 1017244 10/13/2020 WASTE MANAGEMENT INC OF FLORIDA 1,917.99 1017245 10/13/2020 AT&T CORP 37.17 1017246 10/13/2020 COMCAST 69.95 1017247 10/15/2020 NORTH SOUTH SUPPLY INC 0.00 1017248 10/15/2020 UNIVERSAL SIGNS & ACCESSORIES 0.00 1017249 10/15/2020 MEEKS PLUMBING INC 0.00 1017250 10/15/2020 WORLD INDUSTRIAL EQUIPMENT INC 0.00 1017251 10/15/2020 WIGINTON CORPORATION 0.00 1017252 10/15/2020 PRIDE ENTERPRISES 0.00 1017253 10/15/2020 STRYKER SALES CORP 0.00 1017254 10/15/2020 RECHTIEN INTERNATIONAL TRUCKS 0.00 1017255 10/15/2020 METRO FIRE PROTECTION SERVICES INC 0.00 1017256 10/15/2020 STAT MEDICAL DISPOSAL INC 0.00 1017257 10/15/2020 RADWELL INTERNATIONAL INC 0.00 1017258 10/15/2020 PACE ANALYTICAL SERVICES LLC 0.00 1017259 10/15/2020 INDIAN RIVER BATTERY 1,045.80 1017260 10/15/2020 INDIAN RIVER OXYGEN INC 3,355.00 1017261 10/15/2020 ABCO GARAGE DOOR CO INC 298.00 1017262 10/15/2020 ALLIED UNIVERSAL CORP 9,753.45 1017263 10/15/2020 IRRIGATION CONSULTANTS UNLIMITED INC 2,940.75 1017264 10/15/2020 FIRST HOSPITAL LABORATORIES INC 414.00 1017265 10/15/2020 COMPLETE ELECTRIC INC 1,275.00 1017266 10/15/2020 HARCROS CHEMICALS, INC. 1,226.14 1017267 10/15/2020 CUMMINS INC 2,069.24 1017268 10/15/2020 EASY PICKER GOLF PRODUCTS INC 3,060.12 1017269 10/15/2020 GUARDIAN ALARM OF FLORIDA LLC 85.00 1017270 10/15/2020 EFE INC 5,344.12 Grand Total: 33,640.03 15 TRANS NBR DATE VENDOR AMOUNT 8028 10/09/2020 KIMLEY HORN & ASSOC INC 2,220.00 8029 10/09/2020 APTIM CORP 35,352.59 8030 10/09/2020 HIGHMARK STOP LOSS 92,942.25 8031 10/13/2020 CLERK OF CIRCUIT COURT 2,962.94 8032 10/13/2020 HUMANE SOCIETY 36,000.00 8033 10/13/2020 CITY OF FELLSMERE 39,761.43 8034 10/13/2020 TOWN OF INDIAN RIVER SHORES 13,670.56 8035 10/14/2020 CLERK OF CIRCUIT COURT 12,923.00 8036 10/14/2020 CLERK OF CIRCUIT COURT 2,604.66 8037 10/14/2020 FLORIDA DEPARTMENT OF BUSINESS AND 27,492.73 8038 10/14/2020 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,175.50 8039 10/14/2020 FLORIDA DEPARTMENT OF REVENUE 1,172.41 8040 10/14/2020 FLORIDA DEPARTMENT OF REVENUE 2,038.13 8041 10/14/2020 FLORIDA DEPARTMENT OF REVENUE 471.36 8042 10/14/2020 FLORIDA DEPARTMENT OF REVENUE 11,609.96 8043 10/14/2020 MUTUAL OF OMAHA 2,359.00 8044 10/14/2020 CLERK OF CIRCUIT COURT 2,604.66 8045 10/14/2020 CLERK OF CIRCUIT COURT 5,393.63 8046 10/14/2020 SAVE ON SP LLC 8,516.00 8047 10/15/2020 KIMEEY HORN & ASSOC INC 43,730.25 8048 10/15/2020 CITY OF SEBASTIAN 4,659.25 8049 10/15/2020 SENIOR RESOURCE ASSOCIATION 448,997.91 8050 10/15/2020 WRIGHT EXPRESS FSC 17,830.15 8051 10/15/2020 APTIM CORP 63,726.24 8052 10/15/2020 IRS -PAYROLL TAXES 9,040.66 8053 10/15/2020 ATLANTIC COASTAL LAND TITLE CO LLC 2,619.50 Grand Total: 901,874.77 16 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; Planner, Long Range Planning DATE: October 19, 2020 RE: MJS Vero Land, LLC Request to Rezone +/-19.32 Acres from RM -6 to RM -8 (RZON2005090430-87617) [Quasi -Judicial] It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of November 3, 2020. DESCRIPTION AND CONDITIONS This request is to rezone ±19.32 acres located North of 16' Street and approximately +/-870 feet West of 66th Avenue, from RM -6 Multiple -Family Residential District (up to 6 units per acre), to RM -8 Multiple Family Residential District. The subject parcels are depicted in the image below (Figure 1). The purpose of this request is to secure the zoning necessary to develop the +/- 19.32 acre site at a density consistent with the density allowed by the site's comprehensive plan land use designation. 17 Planning and Zoning Commission Action On September 24, 2020, the Planning and Zoning Commission voted 5 - 0 to recommend that the Board of County Commissioners approve this rezoning request (see Attachment 3). Existing Land Use Pattern As shown in Figure 2, the properties surrounding the subject site consists of pastureland, vegetated sites, multiple -family residential uses, and a religious institution. Additionally, the subject site is within close proximity to Indian River State College, and the State Road 60 and 66th Avenue Commercial/Industrial node. The subject site contains two separate vacant parcels partially vegetated with Brazilian Pepper trees and several large trees. Figure 2 - Aerial Imagery Depicting the Subject Site and Adjacent Uses Figures 3 and 4 show that the parcels directly to the south/southeast of the subject site are currently zoned A-1, Agricultural District (up to 1 unit per 5 acres). To the southwest is the Point West subdivision which is zoned PDTND, Planned Development Traditional Neighborhood Design. The property to the north is currently zoned A-1, Agricultural 1 District (up to 1 unit per 5 acres) and contains the Central Assembly of God religious institution. To the east, and adjacent to Subject Property 1, is an approximately 9.5 acre parcel zoned A-1 (up to 1 unit per 5 acres) that parcel is currently being used as pastureland and contains cattle. Further east is a parcel zoned RM -6 (up to 6 units per acre). Directly to the west is a parcel zoned RM -8 (up to 8 units per acre) which contains the Lexington Club at Vero multi -family development. While Lexington Club is located on a parcel zoned RM -8, the development density is greater than 8 units per acre. This is because, Lexington Club received an Affordable Housing Density Bonus that increased its developed density to approximately 9.5 units per acre. 18 Figure 3 - Existing Zoning Map Depicting Subject Site Figure 4 - Map Depicting the Proposed Zoning of Subject Site +/-19,82 AcresA-1 r " � M-8 mlaofaw:� RM -e ' RIM -6 to IRM -8 RM -8 RPA 6 RM -6 QST, W RIM -6 r , i A-1 A-1 A-1 LN A 19 Future Land Use Pattern As shown in Figure 5, the subject site is designated M-1, Medium -Density Residential -1, on Indian River County's Comprehensive Plan Future Land Use Map. The M-1 designation permits residential uses with densities of up to 8 units per acre. The properties to the east, west and north of the subject site also have a M-1 future land use designation. The properties to the south, southwest, and southeast of the subject properties are designated AG -1, Agricultural -1, on the county's future land use map. The AG -1 designation pen -nits residential and agricultural uses with densities up to 1 units/acre. Figure 5 - Map Depicting the Future Land Use Designation of the Subject Site -..� 1!!!6l0005,DO�ADOOCi.O ��f6 +/-19.32 Acres M-1 M-1 4 1 MI -1 v �F M 1,a€ M-1 M-1 �! 5 i �ODk.LEGE f:Pl _, 0 46zaaoa.6 tbi?i 5Jt _ Ed.�Oo.Ran; i_'r G4 AG-1�, �� —� — AG -1 Afi-41 VJ UI � W � w � ¢ ffi!`O.DONJ700�UNM30 Environment The subject site is vacant and was previously used for agriculture. The subject site also contains vegetation, mostly grass and Sabal Palms with several invasive Brazilian Pepper trees and several specimen trees. Prior to development, the site will be reviewed by County Environmental Planning staff for tree preservation requirements under Chapter 927 of the Indian River County Land Development Regulations. Based on County records, no wetlands or any other environmentally sensitive habitat have been identified in the subject site. According to Flood Insurance Rating Maps, the subject site is within Flood Zone X (area of minimal flood hazard). 20 Utilities and Services The subject site is within the Urban Service Area of the County. . Water Service is available from the North and South County Reverse Osmosis Plants (interlinked), which currently have sufficient capacity to accommodate the additional demand generated by the subject rezoning request. Wastewater service is available from the West Regional Wastewater treatment plant. The West Regional Wastewater Treatment Plant has sufficient capacity to accommodate the additional demand generated by the subject rezoning request. Per Indian River County Land Development Regulations, uses that develop on the site will be required to connect to County Water and Sewer service. Transportation System The subject site abuts 16th Street. This roadway is classified as a Major Collector road on the future roadway thoroughfare plan map. Located within an approximate 115-130 foot wide public road right-of-way (width varies), this segment of 16th Street is a two lane paved road. There are currently no planned road improvements for this section of 16th Street listed in the County's Comprehensive Plan. Zoning District Differences In terms of potential uses, there are no substantial differences between the existing RM -6 district and the proposed RM -8 districts. The most notable differences between the existing RM -6 district and proposed RM -8 district are, that the proposed RM -8 zoning district allows for an additional 2 units per acre and, specific uses such as, bed and breakfasts, group homes, congregate living and, child or adult care facilities must go through a less stringent permitting process (see Attachment 4 for details). The purpose statement for the multi -family zoning districts, found in the County's Land Development Regulations (LDRs), is as follows: Multiple -Family Residential District: The multiple -family districts are established to implement the policies of the Indian River County Comprehensive Plan for managing land designated for residential uses, providing opportunities for multifamily residential units and ensuring adequate public facilities to meet the needs of residents. These districts are also intended to implement the County's housing policies by providing opportunities for a varied and diverse housing supply. The RM -6, Multiple -Family Residential District (up to 6 units per acre) and the RM -8, Multiple - Family Residential District (up to 8 units per acre) are the County's two most prevalent multi- family zoning districts. In terms of permitted uses and size and dimension criteria, there are both similarities and differences between the existing RM -6 district and the proposed RM -8 district (see Attachment 4). With respect to lot size for multi -family and duplex development, under RM -6 zoning, the minimum lot size is 12,000 square feet. Under RM -8 zoning, the minimum lot size is 10,000 square feet. 21 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 site is 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 (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 RM -8 rezoning requests, the most intense use of a property (according to the County's LDR's) is the maximum number of units that could be built on the site, based on the size of the property and maximum density under the proposed rezoning. The site information used for the concurrency analysis associated with this rezoning is as follows: 1. Size of Area to be Rezoned: f 19.32 acres 2. Existing Zoning District: RM -6, Multiple -Family Residential District (up to 6 units/acre) 3. Proposed Zoning District: 4. Most Intense Use of Subject Property Under Existing Zoning District: 5. Most Intense Use of Subject Property Under Proposed Zoning District: RM -8, Multiple -Family Residential District (up to 8 units/acre) 115 Multiple -Family Units 154 Multiple -Family Units 22 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 154 multiple -family units on the subject property. Water With the proposed rezoning, the subject property could accommodate up to 154 residential units. Presently, County Water and Wastewater service is available to the subject parcels. Development on the subject property will be served by the North & South County Reverse Osmosis Plants (interlinked), which currently has sufficient existing and planned capacity to accommodate the additional demand generated by the 154 unit theoretical maximum associated with the proposed rezoning. Wastewater County wastewater service is available to the site from the West Regional Wastewater Treatment Plant, which currently has sufficient existing and planned capacity to accommodate the additional wastewater generated by the 154 unit theoretical maximum associated with the subject request. 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. Stormwater Manaaement 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 Stormwater Management Ordinance. Since the site is located within the Indian River Farms Water Control District (IRFWCD), 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. 23 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 subject property is designated M-1, Medium -Density Residential -l; on the Future Land Use Map. Since RM -8 zoning is allowed in the M-1 district, 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. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are the following objectives and policies: Future Land Use Element Obiective 1 Future Land Use Element Objective 1 states that the county will have a compact land use pattern which reduces urban sprawl. By allowing the site to be developed in a manner that is consistent with the site's land use designation, the request allows a more compact land use pattern within the 24 Urban Service Area and reduces the chances that urban sprawl will occur. For these reasons, the request is consistent with Future Land Use Element Objective 1. Future Land Use Element Policies 1.13 and 1.14 Future Land Use Element Policy 1.13 states that medium density residential uses shall be located within the Urban Service Area. In addition, Future Land Use Element Policy 1.14 states that the M-1, Medium -Density Residential -1, land use designation is intended for residential uses with densities up to 8 units/acre. Since the subject property is located within the county's Urban Service Area, is located within an area designated as M-1 on the county's Future Land Use Map, and the proposed zoning district would permit residential uses no greater than the 8 units/acre permitted by the M-1 designation, the proposed request is consistent with Policies 1.13 and 1.14. 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 is a table listing the specific rezoning criteria from Policy 1.43 for multiple zoning districts and staff determinations of how the criteria are met. Please note that the Subject Properties are currently zoned RM -6 which is a multiple family zoning district. Table 1 .Proposed Residential Multiple Family Zoning District Review Criteria Meets Comments Criteria? 1. Adjacent to other multiple -family Yes The subject site proposed to be rezoned is adjacent to areas multiple family districts to the west. 2. Adjacent to employment centers No The subject site proposed to be rezoned is not directly adjacent to an employment center, however, the subject site is within close proximity to the regional mall, State Road 60, and Indian River State College 3. Along Arterial and collector roads, Yes The subject site proposed to be rezoned is along a particularly to buffer single family areas collector road and would act as a buffer to single family areas to the south from more intense development along State Road 60 4. Adjacent to commercial uses, No The subject site proposed to be rezoned is not directly particularly to buffer single family areas. adjacent to commercial uses. However, the Central Assembly of God religious institution is adjacent to the subject site, the SR 60 corridor is to the north and single famil homes are to the southwest. 5. Not abutting single family areas on all Yes The subject site proposed to be rezoned is not abutting sides single family areas on all sides. 25 Future Land Use Element Objective 2 Future Land Use Element Objective 2 states that in unincorporated Indian River County, all residential development greater than 0.2 units/acre, and all non -agriculture related commercial/industrial uses will be located within the Urban Service Area, which contains the infrastructure and services needed to accommodate such development. Since the subject site proposed to be rezoned is located within the Urban Service Area, the request is consistent with Future Land Uses Element Objective 2. Future Land Use Element Polices Future Land Use Element Policy 2.2 states that the county shall encourage and direct growth into the Urban Service Area through zoning and LDRs. Since the proposed rezoning would allow and encourage more development on the subject property and the subject property is within the Urban Service Area, the request implements Future Land Use Element Policy 2.2. Transportation Element Policy 8.1 Transportation Element Policy 8.1 states that the County will implement Future Land Use Element policies which restrict urban sprawl, limit strip commercial development, promote infill, encourage TND projects, promote public transportation, and encourage higher intensity uses in major corridors. Since the subject site is proposed to be rezoned to a higher intensity residential use and is within close proximity to SR 60 and Indian River State College, the request supports Transportation Element Policy 8.1 Housing Element Policy 1.9 Housing Element Policy 1.9 is under an overall objective to increase housing affordability. This policy states that the County shall support housing developments near transportation hubs, major employment centers, and mixed use development by expediting the permit process for these types of housing projects. Allowing increased density of multi -family zoning will provide more opportunity for developers to increase the supply of owner occupied and renter occupied housing which can, over time, decrease the cost of housing (supply vs. demand). Since the subject site proposed to be rezoned is within close proximity to SR 60, Indian River State College, and Commercial/Industrial Nodes, the request supports Housing Element Policy 8.1. Housing Element Objective 2 Housing Element Objective 2 states that within its residential areas, Indian River County will have adequate sites to accommodate current and anticipated housing demand for all income groups and groups with ,special housing needs. This objective also states that these sites shall have an appropriate land use and zoning designation. which allows for a balanced housing market with a mixture of housing types, including mobile and manufactured homes. Consistent with this objective, the proposed rezoning would allow and encourage more multi -family residential development, which is proposed in response to current and anticipated housing demand. 26 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 (LDRs) 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 5 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 district is appropriate for the subject site and that development under this zoning district would be compatible with surrounding land uses. This is based on the fact that the land to the west is zoned RM -8 and the Future Land Use Designation for the subject site and adjacent parcels to the north, east and west are M-1, Medium -Density Residential -1 (up to 8 units per acre). With respect to the adjacent A-1 zoned properties to the north and to the east, the A-1 zoned property directly to the east is currently owned by Laurel Homes Inc, and is adjacent to multiple family zoning districts on both the east and west property boundary lines. The land to the north while zoned A-1, Agricultural -1, contains a large church with expansive green space. In the Urban Service Area (USA), A-1 zoned properties act as a holding zone until the property owner, based on market conditions, requests a zoning consistent with the property's land use designation. As land within the USA continues to be developed, it is anticipated.that zoning district changes will be requested for these properties. Additionally, in recent years, both 66th Avenue has been widened and 16th street has been significantly improved. The aforementioned factors indicate a trend toward continued urbanization in this portion of the county. Therefore, no incompatibilities between these properties and the subject property are anticipated to occur as a result of the proposed rezoning. For these reasons, staff feels that the requested RM -8 zoning district would be compatible with development in the surrounding area. Potential Impact on Environmental Quality The subject properties proposed to be rezoned from RM -6 to RM -8 currently contains vacant, partially vegetated lands formerly used for agriculture. Since the subject property contains no land designated as environmentally sensitive or protected, such as wetlands or sensitive uplands, development of the site is anticipated to have minor adverse impacts on environmental quality. In addition, the same degree of site alteration is anticipated whether the site is ultimately developed with RM -6 or RM -8 uses. When new development is proposed for the subject site, a more detailed environmental analysis will be conducted during the development approval process. 27 CONCLUSION The requested RM -8 zoning district is compatible with the surrounding area and is consistent with the goals, objectives, and policies of Indian River County's Comprehensive Plan. Most importantly, the subject site is. located in an area deemed suitable for M-1, Medium -Density Residential -1 uses allowed under the requested RM -8 zoning. For these reasons, staff supports the request. RECOMMENDATION Based on the analysis, staff and the Planning and Zoning Commission recommends that the Board of County Commissioners approve this request to rezone the subject site from RM -6 to RM -8 by adopting the proposed rezoning ordinance. ATTACHMENTS 1. Summary Page 2. Rezoning Application 3. Excerpt from the Draft Minutes of the September 24th 2020 P&Z Meeting 4. Table of Uses, and Size and Dimension Criteria for Multi -Family Zoning Districts 5. Section 902.12(3), Standards of Review 6. Rezoning Ordinance FACommunity Development\Rezonings\16th Street apartments - 2005090430- 2020\PZC staff report MJS-16streetAPT.docx 28 GENERAL Applicant: Location: Acreajze: Land Use Designation: ExistingZoning: Requested Zoning: Existing Land Use: SUMMARY PAGE MJS Vero Land Construction Materials, LLC 6600 16th Street, Vero Beach, Florida 32966 +/- 19.32 acres M-1, Medium Density Residential -1 (8 units/Acre) RM -6, Residential Multi -Family District (up to 6 units/acre) RM -8, Residential Multi -Family District (up to 8 units/acre) Vacant, M-1 ADJACENT LAND North: Central Assembly of God, A-1 Agricultural -1 District (up to 1 unit/5 acres); South: Point West, PDTND Planned Development Traditional Neighborhood Design, and Vacant, A-1 (up to 1 unit/5 acres); East: Pastureland with cattle, A-1 Agricultural -1 (up to 1 unit/5 acres); West: Lexington Club at Vero, RM -8 Residential Multiple Family (up to 8 units/acre). INFRASTRUCTURE Potable water service is available within +/- '/4 mile and wastewater service is available within +/- %2 mile ENVIRONMENTAL CONSTRAINTS None, Flood Zone X PUBLIC NOTIFICATION STAFF RECOMMENDATION Approval +/-19.32 Acres ,e RM -6y RM- A -1 RM -6 to RM -8 r RM -6 A-1 ran a RM -6 a �.g � aaemerose� i Y RM -6 A-1 rmn.e ti `a {r �GOtLEGE IN� _ !(ROSEYAO'O .>fO�UOcitc"elcexn IbiF STf bE�7adRIH �" '�� \� DTND_�' A-1 'n=s '' EFS- 41LUt[ SU` POTTJl7 ATTACHMENT 1 29 Planning and Board of Zoning County Commission Commissioners Staff Contact: Matt Kalap Matt Kalap Date 9/9/2020 10/18/2020 Advertised: # of Surrounding Property 6 — Total 6 - Total Owner Notifications: Date Notification 9/9/2020 10/19/2020 Mailed: Date Sign 9/92020 10/19/2020 Posted: STAFF RECOMMENDATION Approval +/-19.32 Acres ,e RM -6y RM- A -1 RM -6 to RM -8 r RM -6 A-1 ran a RM -6 a �.g � aaemerose� i Y RM -6 A-1 rmn.e ti `a {r �GOtLEGE IN� _ !(ROSEYAO'O .>fO�UOcitc"elcexn IbiF STf bE�7adRIH �" '�� \� DTND_�' A-1 'n=s '' EFS- 41LUt[ SU` POTTJl7 ATTACHMENT 1 29 APPLICATION FORM REZONING REQUEST (RZON) INDIAN RIVER COUNTY Each application must be complete when submitted and must include all required attachments. An incomplete application will not be processed and will be returned to the applicant. Assigned Project Number: RZON - Current Owner Applicant (Contract Purchaser Agent Name: MJS Vero Land, LLC LC Construction Florida, Inc. BGE, Inc. Complete Mailing Address: 120 S. University Dr...Ste B, Plantation, FL 33324 1054 Gateway Blvd., 107, BoynbM Beach, FL &3426 1515 Votm Rt%w B=Wmd, Si. A44 vem sEAd% FL 32m Phone(including area code) 9554„475-8855 561--789-5558 772-217-5954 Fax #: (including area code) 954=475=9452 E -Mail: jwibrirmro@!acl.com scohen@capanoinc.com Jviner@bgeine.com Contact Person: James W. In"'OpNer stave Cohen Jh VAter Signature of Owner or A ant: Pronertv Infor ion Site Address: 6600 16th Street. Vero Beach, FL 32966 Site Tax Parcel I.D. #s: 33390600001016000004.0 33390600001016000009.0 Subdivision Name, Unit Number, Block and Lot Number (if applicable) Existing Zoning District: RM -6 Existing Land Use Designation: M-1 Requested Zoning District: RM -8 Total (gross) Acreage of Parcel: 19.32 Acreagc.(netj to be Rezoned: 19:32 .Existing Use on Site: Undeveloped property Proposed Use on Site: Residential - Multi -Family 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. 30 Attachment 2 REZONING APPLICATION CHECKLIST Please attach the following items to this application. Do not ignore any of the items. Indicate "N/A" if an item is not a licable: ITEMS Applicant's Checklist Staff Checklist 1. Fee: $3,000.00 x 2. Completed Rezoning Application Form (front X age 3. Letter of Authorization from Current Owner(s) X OR Current Owner is Applicant 4. Verified statement (separate letter) naming every X individual or entity having legal or equitable ownership in the property. 5. One. 1 Copy of the current Owner's Deed x 6. A Current Owner's Title Policy X OR A Certificate of Title from a Title Company. OR An attorney's written opinion evidencing fee ownership of the property. 7. One (1) SEALED boundary survey of the area to be rezoned. The boundary survey shall include, but not be limited to the following: ❑ a legal description of the land to be rezoned ❑ the size of the land to be rezoned ❑ the public road right-of-way width of adjacent roads; and ❑ a north arrow 8. Electronic version (MS Word is preferable) of the X legal description 9. Copy of Approved Concurrency Certificate X OR Copy of filed application for Concurrency Certificate including traffic study, if applicable NOTE: ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT PROPERTY. Revised: June 10, 2019 FXommunity Development\APPLICATIONS1Comp. Plan and Rezoning applicationslrezoningrequestform - Updated 2019.docx 31 Attachment 2 Indian River County Future Land Use Map Amendment/Rezoning Authorization Form TO: Planning Division Indian River County 1801 2r Street Vero Beach, FL 32960 FROM:. n,25 ( (Property Owner) © iW Property Tax I.D. #: 3 33 qo & O DOO Io /�OOODd , r] 3 3 0 6000,(C;/7&ooaoo/ .O Property Address: _(p (o�Q /� TK . 2a-T�E� � W 3 age The undersigned is hereby authorized Vt to act as agent and/or make application to Indian River County for thea ove referenced property for the following applications (please mark the appropriate box): ❑ Future Land Use Amendment Rezoning Owners Na e _ 'tint) Date STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of E7A,s r-- . 20 ,.1d by , G5m j/ -&jtJE h1gO.Owner, who is personally known tome or who has produced (passport or driver's license) as identification. (SEAL) NOTAR LIC: Sign: Printed Name: Commission Number: -,VA,YPue" ATHLYN ANN FLAGG Commission # GG 344371 s Commission Expiration: � o� Expires July B, 2023 OF A hru Budget Nohry $W -s FACommunity Development\APPLICATIONMcomp. Plan and Rezoning applicationslrezoningrequestform - Updated 2019.docx 32 Attachment 2 September 24th, 2020 Planning and Zoning Commission Draft Minutes Public Hearing A. MJS Vero Land, LLC Request to Rezone ± 19.32 acres located north of 16th Street and approximately +/- 870 feet west of 66th Ave from RM -6 to RM -8 (RZON 2005090430-87615) Mr. Landers stated that he lives a quarter mile away from this project and he has no benefit or loss based on the outcome of the Boards decision. The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter. Mr. Kalap gave a PowerPoint presentation of staffs analysis, copies of which are on file in the Board of County Commissioners (BCC) Office. Staff's recommendation is that the PZC recommends that the BCC approve the rezoning request from RM -6 to RM -8. Ms. Mitchell questioned what a minor incompatibility is. Then, Mr. Polackwich questioned the requirements and allowances of increasing density levels and approving zoning changes. Mr. Matson discussed planning practices and comprehensive planning goals to answer those questions. Dr. Jonathan Day opened up the floor for public comment Mr. Jim Vitter, of BGE engineering located at 1515 Indian River Blvd, Suite A245, Vero Beach, FI 32960 clarified the that the traffic study does not warrant a westbound right; or eastbound left turn lane based on the number of trips proposed, but they are proposing to add a westbound right turn lane. Dr. Jonathan Day closed the floor for public comment ON MOTION BY Ms. Beth Mitchell, SECONDED .BY Mr. Jordan Stewart, the members voted (5-0) that the PZC recommend that the BCC approve the rezoning request from RM -6 to RM -8. The motion passes. 33 Section 911.08. - Multiple -family residential districts. (4) Uses. Uses in the multiple -family 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. 34 District Uses RM -3 RM -4 I RM -6 RM -8 I RM -10 Agricultural 1 HL Noncommercial nurseries and greenhouses A A JA J[A I A Noncommercial stables A A A A A Residential Accessory single-family dwelling unit A A A A A Small lot single-family subdivision - - A A A Single-family dwellings 1p - P P 1[p__ P SF dwelling (attached) P P P P P Duplex P ' P P P P lIMultifamily dwellings P P P lip P Single-family docks and private observation/fishing piers on vacant lots A A A A A Bed and breakfasts S S S A JJA Residential resort - - Is S S Guest cottage and servant's quarters A JA AJnj A Small-scale Traditional Neighborhood Design (TN D) A A A A A 34 35 District Uses RM -3 RM -4 RM -6 I RM -8 RM -10 Institutional Child or adult care facilities S S S A A Foster care facilities P PP P P Group home (level 1) A JA A P P Adult congregate living facility (8 residents maximum) A A A P P Group home (level II & III) S S S A A Adult congregate living facility (20 residents maximum) S S S AA Group homes (residential centers) S S IS11S �Is Adult congregate living facility (21+ residents) I-S �S- Hr S Residential treatment centers- - - S S Total care facilities - - - IS S Places of worship A A A A A iCemeteries S S S S S CommunityService Ll J1 Cultural and civic facilities - - - IS S Emergency services P P P P P Schools, primary and secondary IS S S S S 35 36 District Uses RM -3 RM -4 RM -6 I RM -8 I RM -10 Colleges and universities S S S III S Libraries S S S S S Community centers S SS A A Government administrative buildings is S S FS 11 S Civic and social membership organizations - I --- L S S Recreation Beach clubs IS S S S S Country clubs IS IS - S S S Golf courses S Is -- S ]H�s Public parks and playgrounds A A A JJA _11 A Tennis facilities S S IS IS S Yacht clubs S S S S IS Health and fitness clubs S S A JA, A Public/private docks S Is S S S Utility Communications towers (wireless facilities including cell towers) [A' A l A l JA l A l Communications towers (non -wireless facilities including TV and radio broadcast towers) 36 P - Permitted use A - Administrative permit use S - Special exception use 37 District Uses RM -3 RM -4 RM -6 RM -8 RM -10 Amateur radio (accessory use) Less than 80 feet P P rJ[P_ P 80 feet or taller (see 971.44(4) for special criteria) S S hFS Commercial Up to 70 feet: Camouflaged P P P P P Non -camouflaged - - - - - 70 feet to 150 feet: Camouflaged A A A A A Monopole (minimum of 2 users) - - - - - Not camouflaged and not monopole - - - - Over 150 feet: All tower types (see 971.44(1) for special criteria) Limited public and private utilities S S S S S Public and private utilities heavyS IS IS I'S''. S P - Permitted use A - Administrative permit use S - Special exception use 37 (7) Size and dimension criteria: Regulation Unit RM -3 RM -4 RM -6 RM -8 RM -10 Maximum density d.u./gr.ac. 3 4 6 8 10 Minimum lot size SF sq. feet 12,000 10,000 7,000 7,000 17,000 MF and Duplex 24,000 20,000 12,000 10,000 10,000 Minimum lot width feet 80 80 70 170 �70 Minimum yard feet Front 25 2 25 2 25 2 25 252 Side 102 102 102 102 102 Rear 25 2 25 2 25 2 25 2 25 2 Maximum building height feet 35 35 35 35 35 Maximum building coverage 3 percent of lot SF 30 30 30/40 30/40 30/40 MF/Duplex 25 25 �25 25 25 Minimum open space percent of lot 40 40 40 30 30 'In no case shall maximum density be exceeded 2 One (1) foot additional yard for each two (2) feet in height over twenty-five (25) feet in building height shall apply. Also, the RS -6 yard requirements shall apply to RM -3, RM -4, RM -6 RM -8, and RM -10 zoned nonconforming lots of record lawfully created prior to June 18, 1991. 38 3 Maximum building coverage for single -story detached single-family homes in RM -6, RM -8, and RM - 10 is forty (40) percent. For purposes of this regulation, single -story homes shall not include any habitable floor area situated more than three (3) feet above the main ground floor elevation. Maximum building coverage for all other types of buildings in RM -6, RM -8, and RM -10 is thirty (30) percent. Maximum FAR (Floor Area Ratio): • Retail trade 0.23 FAR • Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR (8) Required buffer yards: Where a multi -family project in the RM -6, RM -8 or RM -10 district directly adjoins a single-family zoning district, buffer yards shall be provided along the boundary between the multifamily project and the single-family zoning district. Buffer yards shall be located in common areas or separate. buffer tracts, and are required along rear/side property lines, measured at right angles to lot lines, as follows: MultifamilyDistrict Buffer Type RM -6 C-3 ft. Opaque RM -8 RM -10 C-3 ft. Opaque C-3 ft. Opaque 39 Section 902.12. - Amendments to the land development regulations text and official zoning atlas. (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 applicable portion 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; (i) 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. 40 ORDINANCE NO. 2020 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY ±19.32 ACRES .LOCATED APPROXIMATELY +/- 870 FEET WEST OF 66TH AVENUE AND NORTH OF 16th STREET, FROM RM -6, MULTIPLE -FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), TO RM -8, MULTIPLE -:FAMILY RESIDENTIAL DISTRICT (UP TO 8 UNITS/ACRE); 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 1 THE WEST 10.42 ACRES OF TRACT 16, SECTION 6, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS TO THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLATE BOOK 2, PAGE 25; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPT THAT PORTION CONVEYED TO INDIAN RIVER COUNTY IN OFFICIAL RECORD BOOK 1347, PAGE 1300 AND CORRECTIVE DEED RECORDED IN OFFICIAL .RECORD BOOK 1-167, PAGE 276, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. AND Pagel of 3 ORDINANCE NO. 2020 - Parcel 2 THE EAST TEN AND FORTY EIGHT HUNDREDTHS ACRES (10.48) OF TRACT FIFTEEN (15), SECTION SIX (6), TOWNSHIP THIRTY-THREE (33) SOUTH, RANGE THIRTY-NINE (39) EAST, INDIAN RIVER COUNTY, FLORIDA, AS THE SAME AS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COUNTY SUBDIVISION, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT THE NORTH 70 FEET OF THE SOUTH 100 FEET OF THE EAST 10.48 ACRES OF TRACT 15, SECTION 6, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA AS THE SAME IS DESIGNATED ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, AS RECORDED IN THE OFFICIAL RECORDS BOOK 1409, PAGE 1569, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. is changed from RM -6 Multiple -Family Residential District (up to 6 units per acre), to RM -8 Multiple Family Residential 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 3 day of November, 2020. This ordinance was advertised in the Press -Journal on the 181' day of October 2020, for a public hearing to be held on the 3Td day of November, 2020 at which time it was moved for adoption by Commissioner , seconded by , and adopted by the following vote: Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Tim Zorc, Commissioner Peter D. O'Bryan, Commissioner Bob Solari, Commissioner Page 2 of 3 42 ORDINANCE NO.242Q- 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 Phillip J. Matson, AICP, Community Development Director F %Community.DeveloptnenCt RezoningsAI6th Street apartments - 2005090430- 2020U3CC\Ordinance.doe Page 3 of 3 Attachment 6 43 1� 3 jo Io Al Planning and Zoning Commission Action 11/03/2020 10.A.1. 4 43-3 M Future Land Use Designation M-1 • The Medium Density Residential designations are M-1 (up to 8 units/acre) and M-2 (up to 10 units/acre). • Located in areas with urban services and infrastructure, these designations allow the. highest residential densities in the county. • Medium density .areas are located. along manor transaortation routes near shoaaina. emalovment. and service centers. 11/03/2020 10.A.1. 8 Future Land Use Map +/- 19.32 Acres 1 M-1 M-1 ;� � =1 M-1 "S : M_1 �; t L t rxrowaroox000ao ,isT H:STj[ROSEwJOO,R'8),°i�-� ( Ya05E7'+OOD' +�: �� `iAG"1 AG -1 �7yfariao,o�rocoxo, f W AG:1 AG I•� U5?;AEUGESO 7 -1T \ '. J � Y aszeao IV l 11/03/ 20'�I -71.. a..._ `r '. :., I _ .` 7 Future Land Use Designation M-1 • The Medium Density Residential designations are M-1 (up to 8 units/acre) and M-2 (up to 10 units/acre). • Located in areas with urban services and infrastructure, these designations allow the. highest residential densities in the county. • Medium density .areas are located. along manor transaortation routes near shoaaina. emalovment. and service centers. 11/03/2020 10.A.1. 8 IT A- I IDA- I Criteri A-- Criteria Analyzed eConcurrency Consistency with the Comprehensive Plan eConsistency with County Land Development Regulations • Environmental impact *Compatibility with surrounding uses 11/03/2020 10.A.1. 11 Concurrency Check for sufficient capacity for certain facilities • Transportation IV/ • Water • Wastewater V/ • Solid Waste • Stormwater Management A detailed concurrency review will be done at the time of project development 11/03/2020 10.A.1. 12 1� 6 Consistency with the Comprehensive Plan Transportation Element Policy 8.1 • Promotes infill development & encourages higher intensity uses near major corridor Housing Element Objective 2 • Provides adequate sites to accommodate current and anticipated housing demand for all income groups and groups with special housing needs Housing Element Policy 1.9 Supports housing development near major employment centers 11/03/2020 10.A.1. 13 Consistency with the Comprehensive Plan Future Land Use Obiective 1 • Promotes a compact and energy efficient land use pattern Future Land Use Policies 1.13 & 1.14 • Within USA (Urban Service Area) & consistent with M-1 Future Land Use Future Land Use Policy 1.43 Adjacent to multi -family, along collector road, does not abut single family Future Land Use Obiective 2 • Located within USA, which contains the necessary infrastructure/services Future Land Use Policy 2.2 V/ • Encourages & directs growth into the USA 11/03/2020 10.A.1. 14 4 ? " 7 I'D -K ( r i r - i 1 f r ! 1 k F 11103/2020 10.A.1. 20 t t I Ei 1 # R 43- 10 9V A- I Future Land Use Policy 1.43 Proposed Multi-faflyZonin District.Locational Criteria Review Criteria:. Meets Comments; Criteria? L Adjacent to other multiple -family areas Yes The subject site proposed to be rezoned is adjacent to other multiple -family areas 2. Adjacent to employment centers No The subject site proposed to be rezoned is not adjacent to an employment center. However, the subject site is within close proximity to the regional mall, Indian River State College and commercial areas along State Road 60, and the subject site is currently zoned for multi -family 3. Along Arterial and Collector roads, Yes The subject site proposed to be rezoned is along a particularly to buffer single-family areas Collector road and would act as a buffer to single family areas to the south from more intense development along State Road 60 4. Adjacent to commercial uses, particularly No The subject site proposed to be rezoned is not adjacent to to buffer single family areas commercial uses. However, the Central Assembly of God religious institution is adjacent to the subject site, and commercial/industrial nodes are within close proximity, and the subject site is currently zoned for multi- famil 5. Not abutting single family areas on all Yes The subject site proposed to be rezoned is not abutting sides single family areas on all sides. ��j'11 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 a county ordinance rezoning land within the unincorporated portion 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, November 3, 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 ±19.32 ACRES LOCATED APPROXIMATELY +/-870 FEET WEST OF 66TH AVENUE AND NORTH OF 16th STREET, FROM RM -6, MULTIPLE -FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), TO RM -8, MULTIPLE -FAMILY RESIDENTIAL DISTRICT (UP TO 8 UNITS/ACRE); 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 Matt Kalap at (772) 226-1243. The Board of County Commissioners may adopt another zoning district, other than the district requested, provided that the adopted zoning district is consistent with the county's comprehensive pian. 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 E%Isiing Zoning Map MJS Vero Land, LLC Rezoning Request +/-19.32 Acres A-1 RDA RM -6 to RM -8 F$ ; e p�Y+A c eA-,-i. l .1 A-1_ I '� Y {OtUa9\N - f a � � - IRn5C1tt70P'. 1 }dl h �W. TR-GC10510796-01 11. e-1,0 10,A 1 Timestamp 10/14/2020'8:04:4.3 (CDT) Final Pub Date 1.0/18/2020 0:00:00 (CDT) Ad Number. J GC10510798 Publication Indian River Press Journal Market Treasure Coast DeliveryMethod Both Number of Affidavits Needed 1 :Customer Email kcharest@ircgov.com . Customer Name Kathy Charest Customer Phone Number (772) 226-1254 EXT. 1254 Customer Address 180127 Th Street Vero. Beach, FL 32960 Account Number (If Known). 463755 AdPoint# 334192 Name Kathy Charest Street 1801 27th Street City Vero Beach State i f FL ZIP 'Code 32960 a Your Name Ben Dailey s Email Address i bdailey@localiq.com } or .papers _ ' . �_At�T;OF7�iEU5i4'fUDAYtJETWO.RK Indian River Press Journal 1801 US. 1, Vero Beach, FL32960 AFFIDAVIT OF PUBLICATION INDIAN RIVER COUNTY PLANNING 180.1 27TH ST VERO BEACH, FL 32960 ATTN KATHY CHAREST STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach In Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County; Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement ; and affiant further says that she has neither paid or promised any person, firm or corporation any discount , rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. 1011012.0124 Subscribed and `sworn to liefdre on,ggo4 I8th, 2020 Notary, State of WI, County of Brown TA,RA. MONDLOCH Notary Public State of:Wi,sconsin. __„ My commission expires: August 6, 2021 Publication Cost: $252.00 Ad No: GC10510798 Customer No: 1310785 PO#: 16 STREET 93 W MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: October 16, 2020 RE: Public Notice of Public Hearing Scheduled for November 10, 2020 to Consider an Ordinance Authorizing an Extension of the Temporary Moratorium for an Additional 180 Days with regard to Class B Biosolids - LEGISLATIVE The Board of County Commissioners will hold a Public Hearing on Tuesday, November 10, 2020, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING AN EXTENSION OF THE TEMPORARY MORATORIUM FOR AN ADDITIONAL 180 DAYS, OR UNTIL A COMPREHENSIVE REVIEW OF THE IMPACT ON THE COUNTY'S ECOSYSTEM IS COMPLETED, WITHIN THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY PROHIBITING LAND APPLICATION ACTIVITIES OF CLASS B BIOSOLIDS; PROVIDING FOR ADDITIONAL STUDY AND POSSIBLE REGULATION OF CLASS B BIOSOLIDS APPLICATION ACTIVITIES; PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; AND PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 180127th Street, Vero Beach, Florida 32960. /nhm 44 Indian River County, Florida Department of Utility Services Board Memorandum Date: October 15, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Dwight Fulton, PE, Capital Projects Manager Subject: North Sebastian Water and Sewer Phase 2 - Approval of SJRWMD Cost -Share Agreement and Next Steps Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) submitted applications for the following grants for the North Sebastian Septic to Sewer -Phase 2 project in Fiscal Year (FY) 19-20: • FY 19-20 Districtwide Cost Share — Saint Johns River Water Management District (SJRWMD) • FY 19-20 Appropriations Project Request The County had two applications for funding in the FY 19-20 Districtwide Cost -Share Program -- SJRWMD. In April of 2019, although successful in scoring high enough for a grant award, the County was notified that only one of the two applications submitted would be considered for funding. The County selected the Moorhen Marsh Project. The County was also notified in July 2019 that the FY 19-20 Legislative Appropriations request could only allocate $500,000 of the requested $1.6 Million, which was to be administered by the Florida Department of Environmental Protection (FDEP). Therefore, due to the lack of funding, staff evaluated other options such as revising the project boundary. Since then, IRCDUS re -submitted applications for the following grants for the North Sebastian Phase 2 Water and Sewer Project: • FY 20-21 Districtwide Cost Share Grant -- SJRWMD • FY 20-21 Indian River Lagoon Natural Estuary Program (IRLNEP) Cost -Share Grant • FDEP Water Quality Restoration Grant • FY 20-21 Appropriations Project Request IRCDUS has been awarded funding from all four requested grant applications. On May 19, 2020, the Indian River County Board of County Commissioners (BCC) approved the FDEP Water Quality Restoration Grant LPQ0019 in the amount of $2,500,000, and the FDEP executed the same on July 2, 2020. On August 18, 2020, the Indian River County BCC approved the IRLNEP Cost -Share Grant in the amount of $204,017.69, and the IRLNEP executed the same on August 25, 2020. IRCDUS has now received the SJRWMD Cost -Share Grant agreement. Funding will be made available through a cost reimbursement grant, which will require execution of a grant agreement with the SJRWMD. IRCDUS also received the Amendment No. 1 to the FDEP Water Quality Restoration Grant LPQ0019 to include FY 20-21 Appropriations Project Request award of $750,000.00 for a total amount of $3,250,000.00. Analysis: In order to secure the funding, the following needed to be done: • Agreement Contact Information form; and, • A Grant Statement of Work The above information was prepared by staff and forwarded to the SJRWMD for their preparation of the final agreement. On October 13, 2020, the SJRWMD forwarded the final grant Agreement No. 35822, which expires September 30, 2022. Once the FY 20-21 Cost -Share Grant with SJRWMD is fully executed, the County will have all grant funding secured. Therefore, the following next steps will need to be evaluated: The construction of the watermain will be funded through a special assessment. When the board determines to defray the whole or any part of the cost of any improvements by special assessments, the board shall declare by resolution the nature and location of the proposed improvements, the part or portion of the cost thereof to be paid by special assessments, the manner in which the assessments are to be made, when the special assessments are to be paid, and what part, if any, shall be paid from the general improvement fund of the county. These are typically handled by Resolution 1 (Providing), Resolution 2 (Time and Place), Resolution 3 (Public Hearing/Confirming), and once the project is complete Resolution 4 (As Built). Advertise the project to obtain competitive bids. Request construction phase assistance proposal from Masteller and Moler, Inc. Estimated Cost: The estimated total sewer project cost is $5,841,931.00. Table 1 below shows a breakdown of the estimated total project cost: Estimated -Construction Cost $ 4,080,354.00 Design Cost $ 188,065.00 Bidding & CEI Cost $ 204,018.00 Impact Fee Cost for 201 connections $ 561,996.00 Connection Cost (private lateral & abandonment of septic) $ 807,498.00 TOTAL $ 5,841,931.00 46 Funding: This SJRWMD Cost -Share Grant will pay $1,346,517.00, or 33%, of the estimated total construction cost of $4,080,354. Allocations from other funding sources are as follows: • Indian River County Optional Sales Tax, which is estimated to be $1,041,396.00. These funds are a placeholder for costs that are not covered by construction grants. • FDEP funding award of $2,500,000.00. Please note that agreement has been executed. • IRLNEP Cost -Share Grant funding award of $204,018.00. Please note that agreement has been executed. • FY 20-21 Appropriations Project Request award of $750,000.00, which has been included in the FDEP Water Quality Restoration Grant LPQ0019 as Amendment No. 1. Table 2 below shows all funding sources: Funding Source For Sewer Legislative $ 750,000.00 SJRWMD $1,346 ' 517.00 IRLNEP $ 204,18.00 FDEP $ 2,500,000.00 Optional Sales Tax, Indian River County $ 1,041,396.00 TOTAL $ 5,841,931.00 Recommendation: Staff recommends approval of the following: • St. Johns River Water Management District Cost -Share Agreement No. 35822 and requests the Board of County Commissioners (BCC) to authorize the Chairman to execute the same on their behalf. • Amendment No. 1 to the Florida Department of Environmental Protection Water Quality Restoration Grant LPQ0019 Agreement and requests the BCC to authorize the Chairman to execute the same on their behalf. • Advertise the North Sebastian Water and Sewer Phase 2 Project for competitive bids. • Request staff prepare Resolution 1 and 2 for the water portion of the project to be brought back to the BCC at a later date. • Request staff obtain a proposal from Masteller and Moler, Inc., for construction phase assistance to be approved by the BCC at a later date. Please note that the cost for construction -phase assistance is included within the Bidding and CEI Cost estimate of $204,018.00 in Table 1. Attachment(s): SJRWMD Cost Share Agreement (16 Pages) FDEP Amendment No.1 to LPQ0019 (4 Pages) 47 Contract #35822 COST -SHARE AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND INDIAN RIVER COUNTY THIS AGREEMENT ("Agreement") is entered into by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (the "District"), whose address is 4049 Reid Street, Palatka, Florida 32177, and INDIAN RIVER COUNTY ("Recipient"), 1801 27th Street, Building A, Vero Beach, Florida 32960-3388. All references to the parties hereto include the parties, their officers, employees, agents, successors, and assigns. RECITALS The waters of the state of Florida are among its basic resources, and it has been declared to be the policy of the Legislature to promote the conservation, development, and proper utilization of surface and ground water. Pursuant to chapter 373, Fla. Stat., the District is responsible for the management of the water resources within its geographical area. The District 2020-2021 cost -share funding program is designed to fund the construction of local stormwater management and alternative water supply projects as well as conservation implementation projects. Its goals are to contribute to: (1) reduction in water demand through indoor and outdoor conservation measures; (2) development of alternative or non-traditional water supply sources; such as reclaimed water, surface water, or seawater; (3) water quality improvements (for example, nutrient -loading reduction in springsheds or other surface -water systems); and (4) water resource development opportunities (for instance, increasing available source water through expansion or development of surface -water storage). The current cost -share funding program also recognizes the importance of providing funding opportunities for construction of flood protection and natural -systems restoration projects, which are important components of the District's core mission focus. The District has determined that providing cost -share funding to Recipient for the purposes provided for herein will benefit the water resources and one or more of the District's missions and initiatives. At its April 14, 2020 meeting, the Governing Board selected Recipient's proposal for cost -share funding. The parties have agreed to jointly fund the following project in accordance with the funding formula further described in the Statement of Work, Attachment A (hereafter the "Project"): Indian River County North Sebastian Septic to Sewer Project Phase 2 In consideration of the above recitals, and the funding assistance described below, Recipient agrees to perform and complete the activities provided for in the Statement of Work, Attachment A. Recipient shall complete the Project in conformity with the contract documents and all attachments and other items incorporated by reference herein. This Agreement consists of all of the following documents: (1) Agreement, (2) Attachment A— Statement of Work; and (3) all other attachments, if any. The parties hereby agree to the following terms and conditions. - 1 - 48 Contract #35822 1. TERM; WITHDRAWAL OF OFFER (a) The term of this Agreement is from the date upon which the last party has dated and executed the same ("Effective Date") until September 30, 2022 ("Completion Date"). Recipient shall not commence the Project until any required submittals are received and approved. Time is of the essence for every aspect of this Agreement, including any time extensions. Any request for an extension of time beyond the Completion Date must be made before July 1, 2022. Timely requests to extend, for longer than six months, the Completion Date of the Agreement for projects whose District contribution exceeds $100,000 may only be approved by the District's Governing Board. Notwithstanding specific mention that certain provisions survive termination or expiration of this Agreement, all provisions of this Agreement that by their nature extend beyond the Completion Date survive termination or expiration hereof (e.g., delivery of a final report, will remain in full force and effect after the Completion Date as necessary to effect performance). (b) This Agreement constitutes an offer until authorized, signed and returned to the District by Recipient. This offer terminates 90 days after receipt by Recipient; provided, however, that Recipient may submit a written request for extension of this time limit to the District's Project Manager, stating the reason(s) therefor. Request for extension of time after the 90 days will be denied. The Project Manager shall notify Recipient in writing if an extension is granted or denied. If granted, this Agreement shall be deemed modified accordingly without any further action by the parties. (c) If the construction project, or the conservation project, which is eligible for District reimbursement, does not begin before June 30, 2021, the cost -share agreement will be subject to termination and the funds subject to reallocation. 2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of Work, Attachment A. Recipient is responsible for the professional quality, technical accuracy, and timely completion of the Project. Both workmanship and materials shall be of good quality. Unless otherwise specifically provided for herein, Recipient shall provide and pay for all materials, labor, and other facilities and equipment necessary to complete the Project. The District's Project Manager shall make a final acceptance inspection of the Project when completed and finished in all respects. Upon satisfactory completion of the Project, the District will provide Recipient a written statement indicating that the Project has been completed in accordance with this Agreement. Acceptance of the final payment by Recipient shall constitute a release in full of all claims against the District arising from or by reason of this Agreement. 3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the District does not assert an ownership interest in any of the deliverables under this Agreement. 4. AMOUNT OF FUNDING. (a) For satisfactory completion of the Project, the District shall pay Recipient 33% of the total estimated construction cost of the Project, but in no event shall the District cost -share exceed $1,346,517. The District cost -share is not subject to modification based upon price escalation in implementing the Project during the term of this Agreement. Recipient shall be responsible for payment of all costs necessary to ensure completion of the Project. Recipient shall notify the District's Project Manager in writing upon receipt of any additional external funding for the Project not disclosed prior to execution of this Agreement. (b) "Construction cost" is defined to include actual costs of constructing Project facilities, including construction management. Land acquisition, engineering design, permitting, and solicitation costs are excluded. Construction cost does not include any costs incurred prior to the Effective Date, unless expressly authorized by the Statement of Work. Costs that are excluded will not be credited toward Recipient's cost -share. -2- 49 Contract #35822 (c) Cooperative funding shall not be provided for expenses incurred after the Completion Date. 5. PAYMENT OF INVOICES (a) Recipient shall submit itemized invoices quarterly as per the Statement of Work, Attachment A for reimbursable expenses by one of the following two methods: (1) by email to acctpayAsirwmd.com (preferred) or (2) by mail to the St. Johns River Water Management District, Finance Director, 4049 Reid Street, Palatka, Florida 32177-2571. The invoices shall be submitted in detail sufficient for proper pre -audit and post -audit review. Invoices shall include a copy of contractor and supplier invoices to Recipient and proof of payment. Recipient shall be reimbursed for 100% of approved cost or the not -to -exceed sum of $1,346,517, whichever is less. The District shall not withhold any retainage from this reimbursement. District reimbursement is subject to annual budgetary limitation, if applicable, as provided in subsection (g). If necessary for audit purposes, Recipient shall provide additional supporting information as required to document invoices. (b) End of District Fiscal Year Reporting. The District's fiscal year ends on September 30. Irrespective of the invoicing frequency, the District is required to account for all encumbered funds at that time. When authorized under the Agreement, submittal of an invoice as of September 30 satisfies this requirement. The invoice shall be submitted no later than October 30. If the Agreement does not authorize submittal of an invoice as of September 30, Recipient shall submit, prior to October 30, a description of the additional work on the Project completed between the last invoice and September 30, and an estimate of the additional amount due as of September 30 for such Work. If there have been no prior invoices, Recipient shall submit a description of the work completed on the Project through September 30 and a statement estimating the dollar value of that work as of September 30. (c) Final Invoice. The final invoice must be submitted no later than 45 days after the Completion Date; provided, however, that when the Completion Date corresponds with the end of the District's fiscal year (September 30), the final invoice must be submitted no later than 30 days after the Completion Date. Final invoices that are submitted after the requisite date shall be subject to a penalty of ten percent of the invoice. This penalty may be waived by the District, in its sole judgment and discretion, upon a showing of special circumstances that prevent the timely submittal of the final invoice. Recipient must request approval for delayed submittal of the final invoice not later than ten days prior to the due date and state the basis for the delay. (d) All invoices shall include the following information: (1) District contract number; (2) Recipient's name, address, and authorization to directly deposit payment into Recipient's account (if Recipient has not yet provided the District with a completed Direct Deposit Authorization form); (3) Recipient's invoice number and date of invoice; (4) District Project Manager; (5) Recipient's Project Manager; (6) supporting documentation as to cost and/or Project completion (as per the cost schedule and other requirements of the Statement of Work), in addition, see Attachment D, "CONTRACT PAYMENT REQUIREMENTS FOR STATE FUNDED COST REIMBURSEMENT CONTRACT"; (7) Progress Report (if required); (8) Diversity Report (if otherwise required herein). Invoices that do not correspond with this paragraph shall be returned without action within 20 business days of receipt, stating the basis for rejection. Payments shall be made within 45 days of receipt of an approved invoice. (e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel expenses, travel expenses shall be drawn from the project budget and are not otherwise compensable. If travel expenses are not included in the cost schedule, they are a cost of providing the service that is borne by Recipient and are only compensable when specifically approved by the District as an authorized District traveler. In such instance, travel expenses must be submitted on District or State of Florida travel forms and shall be paid pursuant to District Administrative Directive 2000- 02. -3- 50 Contract #35822 (f) Payments withheld. The District may withhold or, on account of subsequently discovered evidence, nullify, in whole or in part, any payment to such an extent as may be necessary to protect the District from loss as a result of. (1) defective work not remedied; (2) failure to maintain adequate progress in the Project; (3) any other material breach of this Agreement. Amounts withheld shall not be considered due and shall not be paid until the ground(s) for withholding payment have been remedied. (g) Annual budgetary limitation. For multi -fiscal year agreements, the District must budget the amount of funds that will be expended during each fiscal year as accurately as possible. The Statement of Work, Attachment A, includes the parties' current schedule for completion of the Work and projection of expenditures on a fiscal year basis (October 1 — September 30) ("Annual Spending Plan"). If Recipient anticipates that expenditures will exceed the budgeted amount during any fiscal year, Recipient shall promptly notify the District's Project Manager and provide a proposed revised work schedule and Annual Spending Plan that provides for completion of the Work without increasing the Total Compensation. The last date for the District to receive this request is August 1 of the then -current fiscal year. The District may in its sole discretion prepare a District Supplemental Instruction Form incorporating the revised work schedule and Annual Spending Plan during the then -current fiscal year or subsequent fiscal year(s). 6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party, its officers, employees and agents. Recipient accepts all risks arising from construction or operation of the Project. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the state of Florida, nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in §768.28, Fla. Stat., as amended. Each party shall acquire and maintain throughout the term of this Agreement such liability, workers' compensation, and automobile insurance as required by their current rules and regulations. If Florida Department of Environmental Protection-("FDEP") funds will be used to fund all or a portion of the Agreement, additional FDEP insurance requirements applicable to the Recipient are included in the insurance attachment to the Agreement. FUNDING CONTINGENCY. This Agreement is at all times contingent upon funding availability, which may include a single source or multiple sources, including, but not limited to: (1) ad valorem tax revenues appropriated by the District's Governing Board; (2) annual appropriations by the Florida Legislature, or (3) appropriations from other agencies or funding sources. Agreements that extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the District's Governing Board for each succeeding Fiscal Year. Should the Project not be funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal Years, the District shall so notify Recipient and this Agreement shall be deemed terminated for convenience five days after receipt of such notice, or within such additional time as the District may allow. For the purpose of this Agreement, "Fiscal Year" is defined as the period beginning on October 1 and ending on September 30. 8. PROJECT MANAGEMENT (a) The Project Managers listed below shall be responsible for overall coordination and management of the Project. Either party may change its Project Manager upon three business days' prior written notice to the other party. Written notice of change of address shall be provided within five business days. All notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the following methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight courier; or (4) email. Notices via certified mail are deemed delivered upon receipt. Notices via overnight courier are deemed delivered one business day after having been deposited with the courier. Notices via e-mail are deemed delivered on the date transmitted and received. -4- 51 DISTRICT Melisa Diolosa Project Manager St. Johns River Water Management District 525 Community College Parkway, S.E. Palm Bay, Florida 32909-2213 Phone: 321-676-6622 Email: mdiolosa@sjrwmd.com Contract #35822 RECIPIENT Dwight Fulton Project Manager Indian River County 1801 27th Street, Building A Vero Beach, Florida 32960-3388 Phone: 772-226-1821 Email: dfulton@ircgov.com (b) The District's Project Manager shall have sole responsibility for transmitting instructions, receiving information, and communicating District policies and decisions regarding all matters pertinent to performance of the Project. The District's Project Manager may issue a District Supplemental Instruction (DSI) form, Attachment C, to authorize minor adjustments to the Project that are consistent with the purpose of the Project. Both parties must sign the DSI. A DSI may not be used to change the District cost -share or percentage, quantity, quality or the Completion Date of the Project, or to change or modify the Agreement. 9. PROGRESS REPORTS AND PERFORMANCE MONITORING. (a) Progress Reports. Recipient shall provide to the District quarterly Project update/status reports as provided in the Statement of Work. Reports will provide detail on progress of the Project and outline any potential issues affecting completion or the overall schedule. Recipient shall use the District's Project Progress Report form, Attachment B. Recipient shall submit the Project Progress Reports to the District's Project Manager and District's Budget Analyst within 15 days after the closing date of each calendar quarter (March 31, June 30, September 30 and December 31). (b) Performance Monitoring. For as long as the Project is operational, the District shall have the right to inspect the operation of the Project during normal business hours upon reasonable prior notice. Recipient shall make available to the District any data that is requested pertaining to performance of the Project. 10. WAIVER. The delay or failure by the District to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the District's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 11. FAILURE TO COMPLETE PROJECT (a) Should Recipient fail to complete the Project, Recipient shall refund to the District all of the funds provided to Recipient pursuant to this Agreement. However, the District, in its sole judgment and discretion, may determine that Recipient has failed to complete the Project due to circumstances that are beyond Recipient's control, or due to a good faith determination that the Project is no longer environmentally or economically feasible. In such event, the District may excuse Recipient from the obligation to return funds provided hereunder. If the Project has not been completed within 30 days after the Completion Date, Recipient shall provide the District with notice regarding its intention as to completion of the Project. The parties shall discuss the status of the Project and may mutually agree to revise the time for Project completion or the scope of the Project. Failure to complete the Project within 90 days after the Completion Date shall be deemed to constitute failure to complete the Project for the purposes of this provision. (b) In the event the Project constitutes a portion of the total functional project, this paragraph shall apply in the event the total functional project is not completed. In such event, the 90 -day timeframe provided herein shall commence upon the date scheduled for completion of the total functional project at the time of execution of this Agreement, unless extended by mutual -5- 52 Contract #35822 agreement of the parties. Paragraphs 11(a) and I I (b) shall survive the termination or expiration of this Agreement. 12. TERMINATION. If Recipient materially fails to fulfill its obligations under this Agreement, including any specific milestones established herein, the District may provide Recipient written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. Recipient shall have 30 days following receipt of the notice to cure the breach. If Recipient fails to cure the breach within the 30 -day period, the District shall issue a Termination for Default Notice terminating this Agreement without further notice. In such event, Recipient shall refund to the District all funds provided to Recipient pursuant to this Agreement within 30 days of such termination. The District may also terminate this Agreement upon ten days' written notice in the event of any material misrepresentations in the Project Proposal. Delay or failure by the District to enforce any right, remedy or deadline hereunder shall not impair, or be deemed a waiver of, any such right, remedy or deadline, or impair the District's rights or remedies for any subsequent breach or continued breach of this Agreement. ADDITIONAL PROVISIONS (Alphabetical) 13. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder, without the District's prior written consent. Recipient is solely responsible for fulfilling all work elements in any contracts awarded by Recipient and payment of all monies due. No provision of this Agreement shall create a contractual relationship between the District and any of Recipient's contractors or subcontractors. 14. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS (a) Maintenance of Records. Recipient shall maintain its books and records such that receipt and expenditure of the funds provided hereunder are shown separately from other expenditures in a format that can be easily reviewed. Recipient shall keep the records of receipts and expenditures, copies of all reports submitted to the District, and copies of all invoices and supporting documentation for at least five years after expiration of this Agreement. In accordance with generally accepted governmental auditing standards, the District shall have access to and the right to examine any directly pertinent books and other records involving transactions related to this Agreement. In the event of an audit, Recipient shall maintain all required records until the audit is completed and all questions are resolved. Recipient will provide proper facilities for access to and inspection of all required records. (b) Repayment of Funds. District funding shall be subject to repayment after expiration of this Agreement if, upon audit examination, the District finds any of the following: (1) Recipient has spent funds for purposes other than as provided for herein, including but not limited to construction materials not used in the Project; (2) Recipient has failed to perform a continuing obligation of this Agreement; (3) Recipient has received duplicate funds from the District for the same purpose; (4) Recipient has been advanced or paid unobligated funds; (5) Recipient has been paid funds in excess of the amount Recipient is entitled to receive under the Agreement; and/or (6) Recipient has received more than 100% contributions through cumulative public agency cost - share funding. 15. CIVIL RIGHTS. Pursuant to chapter 760, Fla. Stat., Recipient shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or marital status. -6- 53 Contract #35822 16. COOPERATION WITH THE INSPECTOR GENERAL, PURSUANT TO §20.055(5) FLA. STAT. Recipient and any subcontractors understand and will comply with their duty, pursuant to §20.055(5), Fla. Stat., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. 17. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any issue, discrepancy, or dispute involving performance of this Agreement by submitting a written statement to the District's Project Manager no later than ten business days after the precipitating event. If not resolved by the Project Manager, the Project Manager shall forward the request to the District's Office of General Counsel, which shall issue a written decision within ten business days of receipt. This determination shall constitute final action of the District and shall then be subject to judicial review upon completion of the Project. 18. DIVERSITY REPORTING. The District is committed to the opportunity for diversity in the performance of all cost-sharing agreements, and encourages Recipient to make a good faith effort to ensure that women and minority-owned business enterprises (W/MBE) are given the opportunity for maximum participation as contractors. The District will assist Recipient by sharing information on W/MBEs. Recipient shall provide with each invoice a report describing: (1) the company names for all W/MBEs; (2) the type of minority, and (3) the amounts spent with each during the invoicing period. The report will also denote if there were no W/MBE expenditures. 19. FLORIDA SINGLE AUDIT ACT (a) Applicability. The Florida Single Audit Act (FSAA), §215.97, Fla. Stat., applies to all sub - recipients of state financial assistance, as defined in §215.97(1)(q), Fla. Stat., awarded by the District through a project or program that is funded, in whole or in part, through state financial assistance to the District. In the event Recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such Recipient, Recipient must have a state single or project -specific audit for such fiscal year in accordance with §215.97, Fla. Stat.; applicable rules of the Department of Financial Services; and chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, Recipient shall consider all sources of state financial assistance, including state financial assistance received from the District, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non -state entity for Federal program matching requirements. Recipient is solely responsible for complying with the FSAA. If Recipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of §215.97, Fla. Stat., is not required. In such event, should Recipient elect to have an audit conducted in accordance with §215.97, Fla. Stat., the cost of the audit must be paid from the non -state entity's resources (i.e., Recipient's resources obtained from other than State entities). (b) Program Information. This Agreement involves the disbursement of state funding by the Florida Department of Environmental Protection (FDEP). Funding is provided under the State of Florida, Statewide Water Quality Restoration Projects, in the amount of $673,258. The Florida Catalog of State Financial Assistance (CSFA) number for this program is CSFA No. 37.039. The District is providing funding in the amount of $673,259. (c) Additional Information. For information regarding the state program under the above CSFA number, Recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa/catalog.aspx for assistance. The following websites may be accessed for additional information: Legislature's Website at http://www.leg.state.fl.us/, State of Florida's website at http://myflorida.com, District of Financial Services' website at http://www.fldfs.com/ and the Auditor General's Website at http://www.myflorida.com/audgen/. -7- 54 Contract #35822 (d) Allowable Costs. Recipient may only charge allowable costs to this Agreement, as otherwise provided herein. Any balance of unobligated cash that have been advanced or paid that is not authorized to be retained for direct program costs in a subsequent period must be returned to the District. (e) Audit Requirements. Recipient shall ensure that the audit complies with the requirements of §215.97(7), Fla. Stat. This includes submission of a financial reporting package as defined by §215.97(2), Fla. Stat., and chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Recipient shall comply with the program requirements described in the Florida Catalog of State Financial Assistance (CSFA) [https:Happs.fldfs.com/fsaa/catalog.aspx]. The services/purposes for which the funds are to be used are included in the Statement of Work. (f) Financial Reporting. Recipient shall provide the District with a copy of any reports, management letters, or other information required to be submitted in accordance with chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable, no more than 20 days after its preparation. Recipient shall indicate the date the reporting package was delivered to Recipient in correspondence accompanying, the reporting package. This information shall be directed to: St. Johns River Water Management District, Finance Director, Office of Financial Services, 4049 Reid Street, Palatka, FL 32177. A copy of the report shall also be provided to the Auditor General's Office at the following address: State of Florida Auditor General, Room 401, Claude Pepper Building, 111 West Madison Street, Tallahassee, Florida 32399-1450. (g) Monitoring. In addition to reviews of audits conducted in accordance with §215.97, Fla. Stat., as revised, monitoring procedures may include, but not be limited to, on-site visits by District staff, limited scope audits, and/or other procedures. Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the District. In the event the District determines that a limited scope audit of Recipient is appropriate, Recipient agrees to comply with any additional instructions provided by the District to Recipient regarding such audit. Recipient agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the District's Inspector General or the state Chief Financial Officer or Auditor General. (h) Examination of Records. In addition to the District's audit rights otherwise provided for herein, Recipient shall permit the District or its designated agent, the state awarding agency, the Department of Financial Services, the state's Chief Financial Officer and the state's Auditor General to examine Recipient's financial and non-financial records to the extent necessary to monitor Recipient's use of state financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations, which may include onsite visits and limited scope audits. (i) Records Retention. Notwithstanding any other provision of this Agreement to the contrary, Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the District, or its designee, state Chief Financial Officer, or Auditor General access to such records upon request. Recipient shall ensure that audit working papers are made available for such access for a period of three years from the date the audit report is issued, unless extended in writing by the District. 20. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY TRIAL. This Agreement shall be construed according to the laws of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties. As used herein, "shall" is always mandatory. In the event of any legal proceedings arising from or related to this Agreement: (1) venue for any state or federal legal proceedings shall be -8 55 Contract #35822 in Orange County; (2) each party shall bear its own attorney's fees, including appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and waive the right to jury trial. 21. INDEPENDENT CONTRACTORS. The parties to this Agreement, their employees and agents, are independent contractors and not employees or agents of each other. Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent contractors during and after the term of this Agreement. Recipient is not a contractor of the District. The District is providing cost - share funding as a cooperating governmental entity to assist Recipient in accomplishing the Project. Recipient is solely responsible for accomplishing the Project and directs the means and methods by which the Project is accomplished. Recipient is solely responsible for compliance with all labor, health care, and tax laws pertaining to Recipient, its officers, agents, and employees. 22. CONFLICTING INTEREST IN RECIPIENT. Recipient certifies that no officer, agent, or employee of the District has any material interest, as defined in § 112.312, Fla. Stat., either directly or indirectly, in the business of Recipient to be conducted hereby, and that no such person shall have any such interest at any time during the term of this Agreement. 23. NON -LOBBYING. Pursuant to §216.347, Fla. Stat., as amended, Recipient agrees that funds received from the District under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 24. PERMITS. Recipient shall comply with all applicable federal, state and local laws and regulations in implementing the Project and shall include this requirement in all subcontracts pertaining to the Project. Recipient shall obtain any and all governmental permits necessary to implement the Project. Any activity not properly permitted prior to implementation or completed without proper permits does not comply with this Agreement and shall not be approved for cost -share funding. 25. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in §287.017, Fla. Stat., for CATEGORY TWO ($35,000) for a period of 36 months following the date of being placed on the convicted vendor list. 26. PUBLIC RECORDS. Records of Recipient that are made or received in the course of performance of the Project may be public records that are subject to the requirements of chapter 119, Fla. Stat. If Recipient receives a public records request, Recipient shall promptly notify the District's Project Manager. Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents, papers, letters, or other materials related hereto and subject to the provisions of chapter 119, Fla. Stat., as amended. 27. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, to the best of its information and belief, infringe on any patent rights. Recipient shall pay all royalties and patent and license fees necessary for performance of the Project and shall defend all suits or claims for infringement of any patent rights and save and hold the District harmless from loss to the extent allowed by Florida law. -9- 56 Contract #35822 IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this Agreement to be executed on the day and year written below in its name by its Executive Director, or duly authorized designee, and Recipient has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. This Agreement may be executed in separate counterparts, which shall not affect its validity. Upon execution, this Agreement constitutes the entire agreement of the parties, notwithstanding any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. This Agreement cannot be changed by any means other than written amendments referencing this Agreement and signed by all parties. ST. JOHNS RIVER WATER INDIAN RIVER COUNTY MANAGEMENT DISTRICT LN Ann B. Shortelle, Ph.D., Executive Director, or designee Date: By: Date: Attest: Typed Name and Title Typed Name and Title Attachments: Attachment A — Statement of Work Attachment B — Project Progress Report Form Attachment C — District Supplemental Instructions Form Attachment D — Contract Payment Requirements for State -Funded Cost Reimbursement Contracts _10- 57 Contract #35822 ATTACHMENT A - STATEMENT OF WORK INDIAN RIVER COUNTY NORTH SEBASTIAN SEPTIC TO SEWER PROJECT PHASE 2 I. INTRODUCTIONBACKGROUND The St. Johns River Water Management District (District) is continuing its Cooperative Cost Share Initiative Program in Fiscal Year (FY) 2020-2021 to develop and implement resource and water supply development projects and promote conservation. On April 14, 2020, the District's Governing Board approved funding for Cooperative Cost Share projects. Each project selected for funding will have a positive benefit to one or more of the District's core missions; including water supply, water quality, natural systems or flood mitigation. Indian River County (Recipient) requested funding for their North Sebastian Septic to Sewer Phase 2 project (Project) for the not to exceed amount of $1,346,517 towards the estimated construction cost of $4,887,851. This request was approved by the Governing Board. After approval by the Governing Board, Recipient notified the District that the revised estimated construction cost will be $4,080,354. The District's contribution of $1,346,517 will not change; however, the percent of contribution will now be 33%. The Recipient is located in Indian River County. II. OBJECTIVES The objective of this contract is to provide cost share dollars that will enable the Recipient to provide a water quality benefit to the Indian River Lagoon (IRL). The estimated nutrient load reduction water quality benefits to the IRL is 1,179 lbs./yr. total nitrogen (TN). III. ' SCOPE OF WORK The project is located in Sebastian. The project includes the construction of approximately three miles of gravity sewer main, manholes, and a lift station. The project area currently encompasses a total of 180 parcels on septic systems in the North Sebastian area; which will be connected to the gravity sewer main. IV. PROJECT ADMINISTRATION AND DELIVERABLES The Recipient shall be responsible for the following: • Complete and obtain final project design, construction plans, and specifications; • Obtain all required permits, including right of access to the project sites, related to project construction and subsequent operation and maintenance of the completed work; • Assure compliance with all permits and permit conditions; • : Provide procurement for project construction; • Perform supervision and inspection of construction; • Perform construction contract administration; • Assure compliance with cost accounting practices and procedures required for reimbursement of cost share funds expended. The Recipient shall provide the following to the District's Project Manager: • Timely invoices for actual construction costs in accordance with this cost share agreement (i.e. quarterly, with appropriate substantiation that demonstrates that the applicant has paid for the total work cost and is seeking reimbursement up to the match amount) to enable proper review by the District's Project Manager prior to payment authorization. Deliverables to be submitted with invoices include (as applicable): - 11 - 58 Contract #35822 o Interim progress status summaries including inspections, meeting minutes and field notes and dated color photographs of the construction completed to include on-going work that represents the time -period being invoiced; o Final invoice submittals for completed construction including inspections and dated color photographs of the construction site prior to, during and immediately following completion of the construction task; o Construction plans, specifications, and contract documents for the site work must be made available upon request; o Written verification that the record drawings and any required final inspection reports for the project are received; o List of addresses and types of the properties connected, as well as proof of connection for each property, as evidenced by copies of invoices for the connections by a licensed plumber or a utility contractor or building contractor, or certification by a Licensed Professional Engineer Quarterly progress reports identifying project progress to date, key milestones reached, overall project schedule versus time for project completion, an updated spend -down plan, key issues to be resolved, project construction photos including preconstruction, construction and postconstruction with dates. Quarterly reports shall also be emailed to the District's Budget Analyst at hnbarber@sjrwmd.com. Certification of construction completion by a Professional Engineer registered in the state of Florida. The Recipient shall ensure the task in the Task Identification section below is completed. V. TASK IDENTIFICATION AND TIME FRAMES The expiration date of this cost share agreement is September 30, 2022. The projected schedule is as follows: Task Description Anticipated Start Date Anticipated Completion Date Construction February 2021 June 2022 VI. BUDGET/COST SCHEDULE For satisfactory completion of the Project, the District shall pay Recipient 33% of the total construction cost of the Project, but in no event.shall the District's cost -share exceed $1,346,517. It is anticipated that the FY breakdown will be $673,258 for FY 2020-2021 and $673,259 for FY 2021-2022. Recipient shall invoice the District quarterly with appropriate documentation. The District's Project Manager shall provide an invoice template that will be used. Invoices shall include a copy of the contractor's invoices submitted to the Recipient, proof of payment by Recipient, and other required supporting documentation for reimbursement up to match amount. For in-house expenses, Recipient shall provide copies of all receipts for materials and a system report showing documentation of staff time or other proof of staff time expenses for the Project. The final invoice shall be submitted with the final project report. If the total actual cost of this project is less than originally estimated, the District's cost - share amount shall be reduced accordingly. Recipient may invoice more frequently submitting all required documentation and include general status information. Recipient may invoice the District for Project construction work beginning October 1, 2020. The District will not reimburse for any expenses prior to October 1, 2020. -12- 59 Contract #35822 Recipient shall submit quarterly progress reports to the District's Project Manager and the District's Budget Analyst within 15 days of the end of quarter for work accomplished during each quarter. The email address for the District's Budget Analyst is hnbarber(& irwmd.com..The Recipient shall submit a final project report within 15 days of Final Completion and acceptance by Indian River County detailing the Project's accomplishments and any issues resolved during the course of the work. Estimated Cost Schedule for Reimbursement per fiscal year (all dollar amounts are approximate and may be reallocated between the construction task for the two FYs). FY 20-21 (10/1/2020 — 9/30/2021) FY 21-22 (10/1/2021— 9/30/2022) Estimated Estimated Reimbursement Description Task Amount Amount Construction $2,040,177 $673,258 FY 21-22 (10/1/2021— 9/30/2022) -13- 60 Estimated Estimated Task Reimbursement Description Amount Amount Construction $2,040,177 $673,259 -13- 60 ATTACHMENT B PROJECT PROGRESS REPORT St. Johns River Water Management District Project Progress Report Contract/Project Identification Project Name: I Indian River County North Sebastian Septic to Sewer Project Phase 2 Recipient: I Indian River County Date: Report Number: SJRWMD Contract Number: 1 35822 1 ISJRWMD Project Manager: IMelisaDiolosa Recipient's Proiect Manager: I Dwight Fulton Construction Schedule Construction Start Date: Construction Completion Date: Contract Expiration Date: Cost -Share Budget Total Cost -Share Budget: Cost -Share Amount Expended To -date: Spend -Down Plan Reporting Period Beginning Date: Ending Date: ;hare Amount Expended This Period: nt Cost -Share Budget Expended: Contract #35822 Fiscal Year 1 Fiscal Year 2 Reimbursement # Anticipated Amount Anticipated Date Reimbursement# Anticipated Amount Anticipated Date 1 1 2 2 3 3 4 4 Project Readiness and Schedule Tracking %Complete Start Date Completion Current Shown in %Complete Shown in Date Shown in Current Start Completion - Project Phase Application Currently Application Application Date Date Notes: Explain anticipated deviations from schedule Planning Design Permitting Bidding & Award SOW Construction Tasks/Milestones/Deliverables Task Number Tasks/Milestones/Deliverables Total Construction % Complete Start Date Shown in SOW Completion Date shown in SOW Current Start Date Current Completion Date 1 )rooiems, Issues ano solutions. txplaln In cietan. Include digital photographs of work accomplished during reporting peroid. Attach an additional page of notes if necessary to explain reasons for lateness or unusual events or circumstances. 61 WEE Contract #35822 ATTACHMENT C — DISTRICT'S SUPPLEMENTAL INSTRUCTIONS (sample) DISTRICT SUPPLEMENTAL INSTRUCTIONS # DATE: TO: Dwight Fulton, Project Manager, Indian River County 1801 27th Street, Building A Vero Beach, FL 32960-3388 FROM: Melisa Diolosa, Project Manager CONTRACT NUMBER: 35822 CONTRACT TITLE: Indian River County North Sebastian S til The Work shall be carried out in accordance with the following suppl e with the Contract Documents without change in the Contract Sum or Co t accordance with these instructions, indicate your acceptance of these instn work as consistent with the Contract Documents and return to the District' 1. RECIPIENT'S SUPPLEMENTAL INSTRUCTIONS: 2. DESCRIPTION OF WORK TO BE CHANG 3. DESCRIPTION OF SUPPLEMENTAL VON U Recipient's Approved: (It is agreed that Date.) Approved: (Recipient agrees to Change Order in ac( Annroved: not the Total to Sewer Project Phase 2 Date: ed in accordance proceeding in iiustments to the or the Completion ipplemental Instructions as requested, but reserves the right to seek a requirements of the Agreement.) Melisa Diolosa, District Project Manager Date: Acknowledged: Date: Carol Taylor Miller, District Senior Procurement Specialist c: Contract file Financial Services -15- 62 Contract #35822 ATTACHMENT D — CONTRACT PAYMENT REQUIREMENTS FOR STATE -FUNDED COST REIMBURSEMENT CONTRACTS Invoices for state -funded cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed, indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation shall clearly reflect the dates of service. Only expenditures for categories in the approved contract budget will be reimbursed. Listed below are examples of the. types of documentation representing the minimum requirements by cost category: Salaries: Submit a payroll register or similar documentation showing gross salary charges, fringe benefits, other deductions, and net pay. If an individual is paid by the hour, a document reflecting the hours worked times the rate of pay is acceptable. Fringe Benefits: Fringe benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage, rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. Travel: Reimbursement for travel must be in accordance with §112.061, Fla. Stat., which includes submission of the claim on the approved State of Florida (State) or District travel voucher. Other direct costs: Reimbursement is based upon paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, F.A.C., regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined. in §273.02, Fla. Stat., for subsequent transfer to the State. In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units, times the rate being charged. The rates must be reasonable. Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. The "Reference Guide for State Expenditures" prepared by the Florida Department of Financial Services can be found at this web address: http:/www.fldfs.com/aadir/reference guide.htm -16- 63 AMENDMENT NO.1 TO AGREEMENT NO. LPQ0019 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND INDIAN RIVER COUNTY This Amendment to Agreement No. LPQ0019 (Agreement) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Indian River County (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for Indian River County North Sebastian Septic to Sewer Phase II effective July 2, 2020; and, WHEREAS, the parties wish to amend the Agreement as set forth herein to add $750,000 in additional grant funding that was awarded to the Grantee for the project. NOW THEREFORE, the parties agree as follows: 1. Section 5 of the Standard Grant Agreement is hereby revised to the following: 5. Total Amount of Funding: $3,250,000.00 Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): State WQ, GAA LI 1662 FY 19-20 GR $2 000 000.00 State LP GAA LI 1657A FY 19-20 GR $500,000.00 State LP GAA LI 1635A FY 20-21 GR $750,000.00 0Grantee Match Contractual Services $3,250,000 Total Amount of Funding + Match, if any: $3,250,000.00 Section 6 of the Standard Grant Agreement is hereby revised to change the Department's Grant Manager and the Grantee's Grant Manager to the following: Name: Nathan Jagoda Address: 3900 Commonwealth Blvd. Tallahassee, FL 32399 Phone: 850-245-2948 Email: nathanjagoda@floridadep.gov Name: Dwight Fulton Address: 1801 27th Street, Building A Vero Beach, FL 32960 Phone: 772-226-1821 Email: dfulton@ircgov.com Attachment 3, Project Timeline & Budget Detail table is hereby deleted and replaced with the following: PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all documentation received by, the corresponding task end date. Task Task Title Budget Category Budget Task Start Task End No. Amount Date Date 1 Construction Contractual Services $3,250,000 07/01/2019 12/31/2022 64 4. All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. INDIAN RIVER COUNTY By: Susan Adams, Chairman Date: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Secretary or Designee Date: Nathan Jagoda, DEP Grant Manager DEP QC Reviewer List of attachments/exhibits included as part of this Amendment: Specify Tyne Letter/Number Description (include number of pages) Exhibit 5 -la Special Audit Requirements (2 Pages) 65 O a f. 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V] fn S r3l U U N p N 4, •� N a o aL to ti i a� ca U ° G °;. ° a o 3 0 0. ami O Y cC O Y 48;�a o c �qN R>�a O� °tea U Y o,w C U 'o ac°ca i 3 ¢ n a � 1.4 r November 3, 2020 ITEM 14.C.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: October 19, 2020 SUBJECT: Discussion on Changing IRC Policy for Consultants' Competitive Negotiation Act Projects to Include New Scoring Categories for Owner Surprises and Past Litigation FROM: Tim Zorc Commissioner, District 3 Discussion Item: The Consultant's Competitive Negotiation Act (CCNA) (F.S. 287.055) was enacted by the Florida Legislature in 1973 and governs the procurement processes required for public sector projects using professional design services. Public agencies are required to follow CCNA for the acquisition of professional architectural, engineering, landscape architectural and survey and mapping services. This statute applies to all public agencies seeking professional services and requires the selection to be based on a competitive selection process where the qualifications of the firm, or team, are evaluated, rather than through a financially -based bid process. (ref: www.naylornetwork.com) For the IRC selection process, I'd like to discuss adding the disclosure of any past or pending litigation within the last 10 years; as well as items such as "owner surprises." (An "owner surprise" is an event where an item is constructed/produced as designed, but fails to adequately perform its intended task.) This can be appended to both the construction bid documents and to future consultant solicitations for services. W ��VERc°o INDIAN RIVER COUNTY * Board of County Commissioners MON* County Commission Meeting Public Participation Options: 1. Zoom You can join the virtual meeting from a computer, telephone, or both: To join by computer: 1. Click on this link: https.//ircgov:zoom.us/i/84096609452?pwd=aWZsQuVkcHROVkVSUmFUTmhQtW l3UT09 Password: 822753 2. After you join the meeting, select the "Call Me" option — You will receive a call within seconds To join by telephone: 1.(216)706-7052 or (866) 528-2256 (US Toll Free) 2. Conference code: 9039141 When you wish to speak, you can 1. "raise your hand" and wait to be acknowledged, or 2. Unmute you with the mute button on Zoom (*6 for telephone callers) and begin speaking when the chairperson asks for public comment from the Zoom\Phone audience. Click here for Zoom Help 2. Public Comments Form Submit your comments about any item on the agenda using the public comments form at https://www.ircgov.com/comments.html Your comments will be made a part of the public record and provided to the Board of County Commissioners prior to the meeting. Options to watch the meeting live without participation:. 1. Comcast Channel 27 2. www.ircgov.com (click on link to IRC Gov Ch 27 TV Live) 3. YouTube Live The Indian River County Board of County Commissioners meetings are broadcast on YouTube Live. Please follow the instructions below: 1. Gotoyoutube.com/c/IndianRiverCountVFL 2. Select the "LIVE NOW" link for the current meeting. 69