Loading...
HomeMy WebLinkAbout08/18/2020 (2) Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Meeting Minutes - Final Tuesday, August 18, 2020 9:00 AM Commission Chambers This meeting can be attended virtually by accessing YouTube Live. Instructions can be found included with this agenda and also online at www.ircgov.com. Board of County Commissioners Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Randi Wardlow, Deputy Clerk August 18, 2020 Board of County Commissioners Meeting Minutes - Final 1. CALL TO ORDER Chairman Susan Adams Present:5 - Vice Chairman Joseph Flescher Commissioner Tim Zorc Commissioner Peter O'Bryan Commissioner Bob Solari 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Frank Ellis, Kings Baptist Church 3. PLEDGE OF ALLEGIANCE Jason Brown, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Added: 5.C. Presentation of Proclamation Honoring Dr. Edwin Massey on his retirement from Indian River State College Added: 8.BB. Single Source Purchase of Tyler Technologies E-Procurement, Bid Management, and Accounts Payable Workflow modules A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to approve the Agenda as amended. The motion carried by the following vote: Aye:5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 5. PROCLAMATIONS and PRESENTATIONS Presentation of Proclamation Honoring Holden Kriss on His Retirement From 5.A. 20-1721 Indian River County Board of County Commissioners, Department of General Services - Indian River County Public Shooting Range Recommended Action: Recommend read and present Attachments:Proclamation Chairman Adams read and presented the Proclamation to Mr. Kriss, who was joined by his family, as he spoke of the Shooting Range's growth during his tenure and shared his plans for the future. The Commissioners and staff each expressed appreciation for Mr. Kriss's enthusiasm and dedication to his job. Read and Presented 5.B. 20-1785 Presentation of Proclamation Designating the Month of September, 2020, As Indian River County Florida Page 1 Meeting Minutes – Final August 18, 2020 Board of County Commissioners "Hunger Action Month" Recommend Read and Present Recommended Action: Attachments: Proclamation Commissioner Solari read and presented the Proclamation to Rebecca Rodriguez, who appeared before the Board on behalf of the Treasure Coast Food Bank. Ms. Rodriguez informed that the organization was the largest of its kind on the Treasure Coast, and shared plans to raise awareness of hunger issues during Hunger Action Month. In response to an inquiry from Commissioner Zorc, Ms. Rodriguez noted the Treasure Coast Food Bank's Facebook page, @tcfoodbank, was the best source for information regarding food distribution sites. Read and Presented Presentation of Proclamation Honoring Dr. Edwin Massey on his retirement from 5.C. 20-1873 Indian River State College Recommended Action: Read and Present Commissioner O'Bryan read a Proclamation in honor of Dr. Edwin Massey, retiring President of Indian River State College. The Commissioner spoke of Dr. Massey's enduring legacy, and detailed several of his accomplishments including winning the Aspen Prize for Community College Excellence. Read 6. APPROVAL OF MINUTES A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to approve the Regular Meeting Minutes of May 19, 2020, June 02, 2020, June 09, 2020, and June 16, 2020 as written. The motion carried by the following vote: Aye:5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 6.A. 20-1788 Regular Meeting of May 19, 2020 Approve Recommended Action: Attachments:05192020BCC_Granicus Approved 6.B. 20-1794 Regular Meeting of June 02, 2020 Approve Recommended Action: Attachments:06022020BCC_Draft Indian River County Florida Page 2 Meeting Minutes – Final August 18, 2020 Board of County Commissioners Approved 6.C. 20-1801 Regular Meeting of June 9, 2020 Approve Recommended Action: Attachments:06092020BCC_Granicus Approved 6.D. 20-1808 Regular Meeting Minutes of June 16, 2020 Approve Recommended Action: Attachments:06162020BCC_Granicus Approved 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION Proof of Publication of Unclaimed Monies for Cash Bonds Deposited with the 7.A. 20-1775 Clerk of the Circuit Court prior to January 1, 2019 is on file in the Office of the Clerk to the Board. No Action Taken or required Recommended Action: No Action Taken or Required Florida Public Service Commission Order No. PSC-2020-0249-CO-EQ, In re: 7.B. 20-1779 Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company, is on file in the Office of Clerk to the Board Information Only Recommended Action: No Action Taken or Required Government Finance Officers Association awarding Indian River County GFOA's 7.C. 20-1780 Distinguished Budget Presentation Award for the 2019-20 Budget Recommended Action: No Action Required Attachments:Staff Report Letter from GFOA dated May 17, 2020 GFOA Certificate of Recognition GFOA Press Release No Action Taken or Required Indian River County Florida Page 3 Meeting Minutes – Final August 18, 2020 Board of County Commissioners 7.D. 20-1804 Landfill Closure and Collection Service Changes for the Labor Day Holiday For informational purposes only - no action required Recommended Action: Attachments:Staff Report No Action Taken or Required 7.E. 20-1815 Residential Paper Shredding Event on July 18, 2020 For informational purposes only - no action required Recommended Action: Attachments:Staff Report No Action Taken or Required 7.F. 20-1816 Household Hazardous Waste and Electronics Recycling Event on August 22, 2020 For informational purposes only - no action required Recommended Action: Attachments:Staff Report Sue Flak, Recycling Education Coordinator, provided details of the August 22, 2020 recycling event, and provided the modified Labor Day schedule for residential garbage and recycling pick-up. No Action Taken or Required 7.G. 20-1830 Update on Virgin Trains Expenses No Action Required Recommended Action: Attachments:Staff Report Virgin Trains Expenses No Action Taken or Required 7.H. 20-1836 3rd Quarter FY 2019/2020 Budget Report No Action Required Recommended Action: Attachments:Staff Report Quarterly Budget Report No Action Taken or Required 7.I. 20-1841 Indian River County Venue Event Calendar Review Indian River County Florida Page 4 Meeting Minutes – Final August 18, 2020 Board of County Commissioners Informational item only. No Board action is required Recommended Action: Attachments:Event Calendar No Action Taken or Required 8. CONSENT AGENDA A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to approve the Consent Agenda as amended, pulling Item 8.AN. for discussion. The motion carried by the following vote: Aye:5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 8.A. 20-1771 Checks and Electronic Payments July 3, 2020 to July 9, 2020 Approve the list of checks and electronic payments issued by the Comptroller's Recommended Action: office for the time period of July 3, 2020 to July 9, 2020 Attachments:Finance Department Staff Report Approved 8.B. 20-1776 Checks and Electronic Payments July 10, 2020 to July 16, 2020 Approve the list of checks and electronic payments issued by the Comptroller's Recommended Action: office for the time period of July 10, 2020 to July 16, 2020 Attachments:Finance Department Staff Report Approved 8.C. 20-1782 Checks and Electronic Payments July 17, 2020 to July 23, 2020 Approve the list of checks and electronic payments issued by the Comptroller's Recommended Action: office for the time period of July 17, 2020 to July 23, 2020 Attachments:Finance Department Staff Report Approved 8.D. 20-1793 Checks and Electronic Payments July 24, 2020 to July 30, 2020 Approve the list of checks and electronic payments issued by the Comptroller's Recommended Action: office for the time period of July 24, 2020 to July 30, 2020 Attachments:Finance Department Staff Report Approved Indian River County Florida Page 5 Meeting Minutes – Final August 18, 2020 Board of County Commissioners 8.E. 20-1820 Checks and Electronic Payments July 31, 2020 to August 6, 2020 Approve the list of checks and electronic payments issued by the Comptroller's Recommended Action: office for the time period of July 31, 2020 to August 6, 2020 Attachments:Finance Department Staff Report Approved 8.F. 20-1821 Request from Carole Jean Jordan, Tax Collector, re: Tax Roll Extension Approve extension of the Tax Roll prior to the completion of the Value Adjustment Recommended Action: Board hearings Attachments:IRC Tax - Consent Agenda Item Approved 8.G. 20-1772 Errors, Omissions & Insolvencies Report Accept the report Recommended Action: Attachments:Memo re Recapitulation Tax Collector Recapitulation Report of Errors and Insolvencies Accepted Consideration of the 2020 Update to the Public Transportation Agency Safety Plan 8.H. 20-1286 (PTASP) Staff recommends that the Board of County Commissioners approve the Public Recommended Action: Transportation Agency Safety Plan (PTASP) prepared by the Senior Resource Association (SRA). Attachments: Staff Report Public Transportation Agency Safety Plan Approved staff's recommendation Approval of Cost-Share Agreement Renewal with the St. Johns River Water 8.I. 20-1692 Management District for Repair/Plugging of Abandoned Artesian Wells Staff recommends that the Board of County Commissioners approve the proposed Recommended Action: countywide abandoned flow well plugging cost-share agreement renewal with the SJRWMD, and authorize the Board Chairman to execute the agreement. Indian River County Florida Page 6 Meeting Minutes – Final August 18, 2020 Board of County Commissioners Attachments:Staff Report Grant Form 2020 2020 - 2023 SJWMD Agreement Approved staff's recommendation Request to Waive Bid Process for Supplemental Building Inspection Services for 8.J. 20-1693 Fiscal Year 2020/2021 Staff recommends that the Board waive the bid process requirement for Recommended Action: supplemental building inspection services for the 2020/2021 fiscal year; approve the 2020-2021 agreement and amendments with MT Causley; and authorize the Purchasing Manager, after approval by the Budget Office, to approve purchase orders and Change Orders for authorized firms up to the available budgeted amount. Attachments:Staff Report MT Causley 2020-2021 Agreement Supplemental Inspection Services Summary Approved staff's recommendation 8.K. 20-1798 Consideration of the Indian River County SHIP Program 2020 Annual Report Staff recommends that the Board of County Commissioners: 1.approve the Recommended Action: attached SHIP 2020 annual report and authorize its submission to the Florida Housing Finance Corporation; and 2.authorize the Chairman to sign the attached Certification form; and 3. authorize staff to make any minor reporting changes to the annual report and Certification form that may be requested by the Florida Housing Finance Corporation. Attachments:Staff Report SHIP Program Information Ship Annual Report SHIP Annual Report Certification Form Approved staff's recommendation Request by Britton Realty of Vero Beach, LLC for Release of an Easement Located 8.L. 20-1813 at 5420 41st Street Staff recommends that the Board, through adoption of the proposed resolution, Recommended Action: approve release of the conservation easement described in the proposed resolution. Indian River County Florida Page 7 Meeting Minutes – Final August 18, 2020 Board of County Commissioners Attachments:Staff Report Aerial Map of Site and Easement Recorded Conservation Easement 2008 Approved Site Plan (Modification) Proposed Resolution Releasing Easement Approved Resolution 2020-059, releasing an easement located at 5420 41st Street. KRG Indian River Outlot, LLC's Request for Final Plat Approval for Panera-Indian 8.M. 20-1823 River Square \[2018070040 - 85237 / SD-19-11-06\] Staff recommends that the Board of County Commissioners grant final plat Recommended Action: approval for Panera-Indian River Square subdivision. Attachments:Staff Report Location Map Final Plat Layout Approved staff's recommendation Sommers Development Group, LLC’s Request for Final Plat Approval for a 8.N. 20-1831 Subdivision to be known as Sommers Place Residential Subdivision \[97070034-85249 / SD-18-08-07\] Staff recommends that the Board of County Commissioners grant final plat Recommended Action: approval for Sommers Place Residential Subdivision. Attachments:Staff Report Location Map Final Plat Layout Approved staff's recommendation Lost Tree Preserve, LLC’s Request for Final Plat Approval for Lost Tree Preserve 8.O. 20-1832 PD, Phases 2 and 3 \[PD-10-08-01 / 99040238-86977\] Staff recommends that the Board of County Commissioners grant final plat Recommended Action: approval for Lost Tree Preserve PD, Phases 2 and 3. Attachments:Staff Report Location Map Final Plat Layout Approved staff's recommendation GRBK GHO Summer Lake, LLC’s Request for Final Plat Approval for a 8.P. 20-1833 Subdivision to be known as Summer Lake North Subdivision \[2005010130-86015 / SD-18-08-08\] Indian River County Florida Page 8 Meeting Minutes – Final August 18, 2020 Board of County Commissioners Staff recommends that the Board of County Commissioners grant final plat Recommended Action: approval for Summer Lake North Subdivision. Attachments:Staff Report Location Map Final Plat Layout Approved staff's recommendation Award of Bid 2020044 Hobart RO Water Treatment Plant Chemical Tank 8.Q. 20-1781 Replacement Staff recommends the Board award bid 2020044 to Lawrence Lee Construction Recommended Action: Services, Inc. Staff also recommends the Board approve the Sample Agreement and authorize the Chairman to sign it after receipt and approval of the required bond and insurance, and the County Attorney’s approval of the agreement as to form and legal sufficiency. Attachments:Staff Report Sample Agreement Approved staff's recommendation 8.R. 20-1786 Indian River County Subaward and Grant Agreement for COVID-19 Staff recommends the Board approve and authorize the Chairman to execute the Recommended Action: agreement and all other documents necessary to effectuate the agreement and authorize the County Administrator to sign any additional modifications. Attachments:Staff Report Federally-Funded Subaward and Grant Agreement Approved staff's recommendation 8.S. 20-1840 Second Extension of Agreement for Automated Teller Machine Services Staff recommends the Board approve the second extension, and authorize the Recommended Action: Chairman to sign after the County Attorney has reviewed it for legal sufficiency. Attachments:Staff Report Second Amendment to Agreement Approved staff's recommendation 8.T. 20-1848 Miscellaneous Budget Amendment 008 Staff recommends the Board of County Commissioners approve the budget Recommended Action: resolution amending the fiscal year 2019-2020 budget Indian River County Florida Page 9 Meeting Minutes – Final August 18, 2020 Board of County Commissioners Attachments:Staff Report 2019 2020 Resolution Exhibit "A" Approved Resolution 2020-060, amending the Fiscal Year 2019-2020 Budget. 8.U. 20-1859 Renewal of RFP 2019060 FEMA Public Assistance Consulting Services Staff recommends the Board approve the renewal of the agreement through August Recommended Action: 28, 2021, for the first of the available one-year renewal terms, and authorize the Chairman to formally sign the agreement. Attachments:Staff Report First Renewal of FEMA Agreement Approved staff's recommendation 8.V. 20-1861 Freedom Festival Fireworks Funding Recommended Action:Staff recommends that the Board of County Commissioners approve funding in the amount of $2,500 for the Freedom Festival fireworks display. Attachments:Staff Report June 3rd E-mail from Lions Club of Sebastain August 3rd E-mail September 5th Fireworks Display Approved staff's recommendation 8.W. 20-1864 Designation of Excess Equipment as Surplus Staff recommends the Board declare the items on the Excess Equipment List for Recommended Action: 081820 Agenda as surplus, and authorize their sale and/or disposal, as indicated. Attachments:Staff Report List for 081820 Agenda Approved staff's recommendation Termination of Award to First Bidder and Award to Second Bidder of Bid 8.X. 20-1749 #2020041- Exterior Painting at Administration Buildings A and B Staff recommends that the Board Terminate the award of bid 2020041 to Five12 Recommended Action: Painting and Remodeling, LLC, award bid 2020041 to the second bidder, Eagle Painting in the amount of $69,782.00, approve the sample agreement and authorize the Chairman to execute said agreement after the County Attorney has approved the agreement as to form and legal sufficiency, receipt and approval of the required insurance. Indian River County Florida Page 10 Meeting Minutes – Final August 18, 2020 Board of County Commissioners Attachments:Staff Report Sample Agreement Approved staff's recommendation Resolution Cancelling Taxes on Property Dedicated to Indian River County for 8.Y. 20-1777 Public Purpose (57th Street Right-Of-Way) Authorize the Chairman of the Board of County Commissioners to execute the Recommended Action: Resolution to cancel certain taxes upon the property dedicated to Indian River County for a public purpose, and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. Attachments:Staff Report Resolution Approved Resolution 2020-061, cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (Holahan). Resolution Cancelling Taxes on Property Donated by Florida Power & Light 8.Z. 20-1778 Company to Indian River County for Public Purpose (16th Street and 98th Avenue Right-Of-Way) Authorize the Chairman of the Board of County Commissioners to execute the Recommended Action: Resolution to cancel certain taxes upon the property donated to Indian River County for a public purpose, and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. Attachments:Staff Report Resolution Approved Resolution 2020-062, cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (FP&L). 8.AA. 20-1826 Release of Emergency Access Right to Tract C, VeroLago Phase 1 Staff recommends approval of the release of only the emergency access right to Recommended Action: Tract C and requests the Board authorize the Chairman to execute the Release of Emergency Access Right for recordation in the Public Records of Indian River County, Florida. Attachments:Staff Report Release of Emergency Access Right Indian River County Florida Page 11 Meeting Minutes – Final August 18, 2020 Board of County Commissioners Approved staff's recommendation 8.AB. 20-1866 Ratification of Lease Amendment with Mattress Firm, Inc. Staff recommends the Board ratify the County Administrator’s approval of the Recommended Action: abatement of two months of rent ($9,424.00) for Mattress Firm pursuant to the authority of IRC Code §105.01. Attachments:Staff Report Mattress Firm Amendment to Lease 2020 Approved staff's recommendation 8.AC. 20-1805 Street Lighting Agreement Terminations The County Attorney’s Office recommends that the Indian River County Board of Recommended Action: County Commissioners authorize the chairman to execute the Terminations the County Attorney’s Office has received and the Terminations received going forward and authorize County staff to provide FPL with the information needed to transfer the accounts. Attachments:Staff Report Termination of Streetlight Agreement - Form Approved staff's recommendation Sebastian Inlet District Perpetual Beach Management and Sand By-Passing 8.AD. 20-1787 Easement The County Attorney's Office recommends the Indian River County Board of Recommended Action: County Commissioners authorize the chairman to execute the easements. Attachments:Staff Report Letters from James D. Gray, Jr. Easement (12566 Highway A1A) Schedule A to 12566 Highway A1A Easement Easement (12900 Highway A1A) Schedule A to 12900 Highway A1A Easement Easement (Highway A1A) Schedule A for Highway A1A Approved staff's recommendation Extension of Memorandum of Understanding for Animal Shelter Services 8.AE. 20-1797 Indian River County Florida Page 12 Meeting Minutes – Final August 18, 2020 Board of County Commissioners The County Attorney’s Office recommends the Indian River County Board of Recommended Action: County Commissioners approve and authorize the chairman to execute the Extension of Memorandum of Understanding for Animal Shelter Services. Attachments:Staff Report Extension Animal Shelter Services Approved staff's recommendation Partial Release of Limited Access Easement for Stillwater Affidavit of Exemption 8.AF. 20-1863 Located at 6905 61st Street Recommended Action:Staff recommends that the Board approve a 45' wide partial release of the limited access easement held by the County over the northern boundary of the Stillwater Affidavit of Exemption and authorize the Chairman to execute the partial release on behalf of the Board. Attachments:Staff Report Aerial Photo - Stillwater Sketch and Legal Description of Limited Access Easement Limited Access Easement Stillwater Affidavit of Exemption Exhibit Partial Release of Limited Access Easement Approved staff's recommendation Work Order Number 5 - Continuing Engineering Services RFP 2018008 - Coastal 8.AG. 20-1852 Waterways Design and Engineering, LLC - Oyster Bar Marsh Construction Administration Parking & Driveway Improvements Staff respectfully requests that the Board of County Commissioners accept Work Recommended Action: Order No. 5, Construction Administration Services for Oyster Bar Marsh Conservation Area and authorize the Chairman to execute Work Order No. 5 in the amount of $5,700.00. Attachments:Staff Report Attachment A - Work Order No. 5 Approved staff's recommendation Notice of Grant Award from the Division of Historical Resources for the Jones' Pier 8.AH. 20-1838 Residence Stabilization and Museum Planning - 21.h.sm.100.092 and Authorization for Work Order No. 3 Donadio & Associates Architects, P.A. Recommended Action: Staff respectfully recommends that the Board accept the Division of Historical Indian River County Florida Page 13 Meeting Minutes – Final August 18, 2020 Board of County Commissioners Resources Small Matching Grant for 2020-21 and authorize the Chairman to execute the Agreement between the State of Florida, Department of State and Indian River County Parks Division, grant number 21.h.sm.100.092. Staff also requests that the Board accept and authorize Work Order #3 for Donadio & Associates, P. A. for architectural/engineering design services and requests the Board to authorize the Chairman to execute Work Order No. 3 in the amount of $20,500.00. Attachments:Staff Report Attachment A - Work Order No. 3 Donadio Attachment B - Agreement Attachment C - DHR GRANT Approved staff's recommendation Authorization for Amendment 4, 5, 6 to Work Order Number 5 and Work Order 8.AI. 20-1851 #18 - MBV Engineering, Inc. Staff recommends the Board of County Commissioners accept and authorize the Recommended Action: Chairman to execute Amendments 4 ($1,150), 5 ($11,800), and 6 ($6,000 revised) to Work Order Number 5. Staff also recommends that the Board of County Commissioners accept and authorize the Chairman to execute Work Order Number 18 for the Hallstrom Farmstead Conservation Area Public Use Improvements in the amount of $56,450.00. Attachments: Staff Report Attachment A - Amend 4 to WO5 - Jones Pier Attachment B - Amend 5 to WO5 Kroegel Attachment C - Amendmant 6 to WO5 - Hallstrom House Attachment D - IRC Work Order 18 - Hallstrom House Attachment D - 20-0240 - Hallstrom House Improvements Approved staff's recommendation 8.AJ. 20-1849 Award of Bid Number 2020013 - Oyster Bar Marsh Public Use Improvements Staff respectfully requests that the Board of County Commissioners award bid Recommended Action: number 2020013 to XGD Systems, LLC in the amount of $105,558.50. Staff further recommends that the Board approve the modified sample agreement and authorize the Chairman to execute it after review and approval of the agreement by the County Attorney as to form and legal sufficiency, approval of the required public construction bond by the County Attorney, approval of the required insurance by the Risk Manager, and after contractor has appropriately registered with the Building Division. Indian River County Florida Page 14 Meeting Minutes – Final August 18, 2020 Board of County Commissioners Attachments:Staff Report Sample Agreement Approved staff's recommendation Recommending Award of Bid # 2020036 - Beach Parks Grounds Maintenance and 8.AK. 20-1847 Mowing Contract Staff recommends that the Board of County Commissioners accept the agreement Recommended Action: and authorize the Chairman to execute said agreement after receipt and approval of the required certificate of insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. Attachments:Staff Report J-Mac Cleaning Agreement Approved staff's recommendation of bid award to J-Mac Cleaning Services. Work Order Number 2, Masteller and Moler, Inc. - Continuing Engineering 8.AL. 20-1853 Services RFP 2018008 - Fran B. Adams North County Regional Park (Playground and Soccer Complex Area) Staff respectfully recommends acceptance of Work Order Number 2, Fran B. Recommended Action: Adams North County Regional Park (Playground and Soccer Complex Area), Continuing Consulting Engineering Services Agreements for RFQ 2018008 Masteller & Moler, Inc., authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute. Attachments:Staff Report Work Order 2 Exhibit A Manhours Exhibit Approved staff's recommendation Award of Bid No. 2020023, C.R. 512 Bridges Repairs (FDOT #884078 & 8.AM. 20-1811 #884079), IRC-1727 Staff recommends the project be awarded to Proshot Concrete, Inc. in the amount of Recommended Action: $331,375.00. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of both the agreement and required Public Construction Bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. Indian River County Florida Page 15 Meeting Minutes – Final August 18, 2020 Board of County Commissioners Attachments:Staff Report Sample Agreement Approved staff's recommendation 8.AN. 20-1812 Award of Bid No. 2020048, County Welcome Signs, IRC-1816 Staff recommends the project be awarded to Kenco Sign & Awning, Inc. in the Recommended Action: amount of $99,000.00. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of both the agreement and required Public Construction Bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. Attachments:Staff Report Sample Agreement Location Map Sign Rendering Commissioner O'Bryan gave the status of the project, and expressed appreciation that it was moving forward. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to approve staff's recommendation. The motion carried by the following vote: Aye:5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari Vero Lake Estates, 85th Street Paving, from 101st Avenue to 96th Avenue, Final 8.AO. 20-1829 Payment, Release of Retainage, and Change Order No. 1, IRC-1628 Recommended Action:Staff recommends approval of Change Order No. 1 and payment of Contractor’s Application for Payment No. 3 to Timothy Rose Contracting, Inc. in the amount of $43,503.93 for final payment and release of retainage. Attachments:Staff Report Change Order No. 1 Approved staff's recommendation Amendment No. 17 to Indian River County Civil Engineering and Land Surveying 8.AP. 20-1825 Agreement for Bridge Replacements and Widening of 66th Avenue from South of SR60 to North of 57th Street Staff recommends the Board of County Commissioners approve Amendment No. Recommended Action: 17 with Arcadis US, Inc. (formally known as Arcadis G&M, Inc) for an amount not to exceed $180,409.50 and authorize the Chairman to execute the amendment. Indian River County Florida Page 16 Meeting Minutes – Final August 18, 2020 Board of County Commissioners Attachments:Staff Report Amendment No. 17 from Arcadis US, Inc. Approved staff's recommendation Work Order No. 33, Kimley-Horn and Associates, Inc., 43rd Avenue Bridge 8.AQ. 20-1806 Replacement Over S. Relief Canal (IRC-2014) Staff recommends approval of Work Order No. 33 to Kimley-Horn and Associates, Recommended Action: Inc., authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairman to execute Work Order No. 33 on their behalf for a lump sum amount of $166,405.00. Attachments:Staff Report Work Order 33 Approved staff's recommendation Amendment No. 4 to Agreement for Professional Services with Bowman Consulting 8.AR. 20-1834 Group, Ltd., 58th Avenue Reclamation 57th Street to 85th Street (IRC-1325) Recommended Action:Staff recommends the Board of County Commissioners approve Amendment No.4 for a lump sum fee of $11,840.00 and requests the Board of County Commissioners authorize the Chairman to execute Amendment No. 4 on their behalf. Attachments:Staff Report Amendment No. 4 with Bowman Consulting Group, Ltd. Approved staff's recommendation 8.AS. 20-1858 Approval of Agreement with Florida Blue for the County's Stop Loss Policy Staff recommends and respectfully requests the Board of County Commissioners Recommended Action: approve the agreement for the renewal option with Florida Blue for the County's stop loss policy for plan year 2020/2021 and authorize the Chairman to execute the renewal agreement. Attachments:Staff Report FLBL Stop Loss Renewal Lockton Marketing Analysis & Monte Carlo Modeler Approved staff's recommendation 8.AT. 20-1860 Approval of Blue Medicare Advantage Renewal Staff recommends that the Board approve the renewal for the current Blue Recommended Action: Medicare PPO 2 RX 1 plan effective October 1, 2020 through September 30, 2021 and authorize the Chair to execute the renewal agreement. Indian River County Florida Page 17 Meeting Minutes – Final August 18, 2020 Board of County Commissioners Attachments:Staff Report Medicare Advantage Plan Renewal Approved staff's recommendation 8.AU. 20-1837 Second Renewal and Modification of Annual Bid 2018057 for Medical Supplies Staff recommends the Board approve the amended award to Bound Tree Medical Recommended Action: and Henry Schein and authorize the Purchasing Division to issue/extend blanket purchase orders through May 10, 2021 with both vendors. Staff also recommends the Board authorize the Purchasing Manager to renew this bid for one additional one year period with no change to pricing, subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. Attachments: Staff Report Approved staff's recommendation 8.AV. 20-1790 Renewal of RFP 2017066 Annual Maintenance at Spoonbill Marsh Staff attests that it is in the best interest of the county to continue to work with Recommended Action: Southern Management, LLC, of Vero Beach to perform the Annual Maintenance of Spoonbill Marsh. Therefore, we recommend that the Board of County Commissioners approve the renewal of the agreement through October 23, 2021, for the first of the available one-year terms, and authorize the Chairman to execute the same, as presented. Attachments:Staff Report First Extension To Maintenance Agreement Approved staff's recommendation Approval of Kimley-Horn Amendment No. 1 to Work Order No. 15, "Ixora Park 8.AW. 20-1791 Sewer System Rehabilitation" Staff recommends that the Board of County Commissioners approve Amendment Recommended Action: No. 1 to Work Order No. 15 to authorize Kimley-Horn & Associates, Inc. to include surveying, design, bid specifications, and bidding services to replace the existing gravity sewer main in its entirety within the Ixora Park subdivision, and authorize the Chairman to execute the same, as presented Attachments:Staff Report Amendment No 1 to Work Order No 15 Approved staff's recommendation Indian River County Florida Page 18 Meeting Minutes – Final August 18, 2020 Board of County Commissioners 8.AX. 20-1819 Above Ground Storage Tank and Closure, and Site Assessment Scope of Work Staff recommends approval of Work Order Number 7 to Tetra Tech, Inc., Recommended Action: authorizing Professional Services as outlined in Exhibit A (Scope of Work) and requests the Board of County Commissioners to authorize the Chairman to execute Work Order Number 7 on their behalf for a not-to-exceed amount of $79,633.06 Attachments:Staff Report Work Order No 7 for Tetra Tech Inc Approved staff's recommendation North Sebastian Water and Sewer Phase 2 - Approval of IRLNEP Funding 8.AY. 20-1814 Agreement Staff recommends approval of the Indian River Lagoon Natural Estuary Program Recommended Action: (IRLNEP) Cost Share Agreement No. IRL2020-04 and requests the Board of County Commissioners to authorize the Chairman to execute the same on their behalf Attachments:Staff Report IRLNEP Cost Share Agreement Grant Form Approved staff's recommendation Department of Environmental Protection v. IRCUD Central Gifford 8.AZ. 20-1842 WWTF - Consent Order Staff recommends the acceptance of the Florida Department of Environmental Recommended Action: Protection’s (FDEP) offer with Option 2 (Accept the FDEP offer and submit a plan for a Pollution Prevention (P2) project for FDEP’s review and approval), and the Board of County Commissioners to authorize the Chairman to execute the consent order or delegate authority to the Director of Utility Services to execute the same, as presented Attachments:Staff Report Consent Order DEP v IRCUD Approved staff's recommendation 8.BA. 20-1818 Chemtrade Price Changes The staff of Indian River County Department of Utility Services recommends that the Recommended Action: Board of County Commissioners approve the Chemtrade Chemicals US LLC request of a price increase for the Fiscal Year 2020/2021 starting October 1, 2020, for the purchase of liquid aluminum sulfate, and authorize the final extension. Staff recommends that the contract be rebid for the Fiscal Year 2021/2022 budget Indian River County Florida Page 19 Meeting Minutes – Final August 18, 2020 Board of County Commissioners Attachments:Staff Report Approved staff's recommendation Single Source Purchase of Tyler Technologies E-Procurement, Bid Management, 8.BB. 20-1870 and Accounts Payable Workflow modules Staff recommends the Board waive the requirement for bids and authorize the Recommended Action: Purchasing Division to issue a Purchase Order for the E-Procurement, Bid Management, and Accounts Payable Workflow modules. Attachments:Staff Report Tyler Technologies Quote Approved staff's recommendation 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS PROOF OF PUBLICATION FOR THESE HEARINGS IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. Escambia County Housing Finance Authority Multifamily Housing Revenue 10.A.1. 20-1796 Bonds (Orange Blossom Village Apartments)--Legislative The County Attorney’s Office recommends that the chair open the public Recommended Action: hearing and take any input from the public and then have the Board vote as to whether to approve the resolution authorizing the plan of finance for the issuance of up to $15,000,000 in multifamily housing revenue bonds by the Escambia Authority to be used to finance or refinance improvements to the Apartments. Attachments:Staff Report Resolution Orange Blossom Apartments TEFRA Notice for Hearing County Attorney Dylan Reingold provided an overview of the Resolution to approve issuance of housing revenue bonds for the improvement of the Orange Blossom Apartments. He noted that the bonds would not incur debt for Indian River County, and stated his office's recommendation for approval. The Chairman opened the public hearing. Indian River County Florida Page 20 Meeting Minutes – Final August 18, 2020 Board of County Commissioners Randy Wilkerson, Director of Housing for the Escambia County Housing Finance Authority, read a prepared statement into the record which detailed the Escambia County Housing Finance Authority's multifamily housing revenue bond program. There being no further speakers, the Chairman closed the public hearing. A motion was made by Vice Chairman Flescher, seconded by Commissioner O'Bryan, to approve staff's recommendation and Resolution 2020-063, approving the issuance by the Escambia County Housing Finance Authority of its not to exceed $15,000,000 Multifamily Housing Revenue Bonds (Orange Blossom Apartments), Series \[to be determined\] for the benefit of Orange Blossom Village, LLLP, or its affiliate, to provide funds to finance or refinance a multifamily residential rental project; and providing an effective date. The motion carried by the following vote: Aye:5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari Request from Skytop Transportation, Inc. for a Class E1 Certificate of Public 10.A.2. 20-1862 Convenience and Necessity to provide Wheelchair transports originating from Indian River County--Administrative Staff recommends that the Board approve and grant a Class "E1" COPCN to Recommended Action: Skytop Transportation, Inc. Attachments:Staff Report SKYTOP APPLICATION ADA Director of Emergency Services Chief Tad Stone appeared before the Board to request approval of the Certificate of Public Convenience and Necessity for Skytop Transportation. The Chairman opened the public hearing. There being no comments, the Chairman closed the public hearing. A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to approve staff's recommendation. The motion carried by the following vote: Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner Aye:5 - O'Bryan, and Commissioner Solari B. PUBLIC DISCUSSION ITEMS Request to Speak from Steven Hellyer Regarding Treasure Coast Community 10.B.1. 20-1845 Health / IRC Recreation Department COVID-19 Testing No action required Recommended Action: Indian River County Florida Page 21 Meeting Minutes – Final August 18, 2020 Board of County Commissioners Attachments:Public Discussion Request TCCH Steven Hellyer, Acting Director of Operations for Treasure Coast Community Health (TCCH), appeared before the Board with an update on the organization's free, drive-through COVID-19 testing program. Mr. Hellyer recounted that when TCCH had outgrown its prior testing sites, they were able to partner with the County's Recreation Department to stage drive-through testing at the County Fairgrounds. He thanked several staff members for their assistance in helping to make the program a success. Commissioner O'Bryan entered into discussion with Mr. Hellyer regarding the number of tests being conducted. Vice Chairman Flescher praised TCCH's service to the community. No Action Taken or Required Request to Speak from Jeffrey Andros re: Complaint Against Code 10.B.2. 20-1868 Enforcement No action required Recommended Action: Speaker not present. No Action Taken or Required 10.B.3. 20-1869 Request to speak from Paula Alejandra Manrique re: Mask Mandate No action required Recommended Action: Attachments:Request to Speak Paula Alejandra Manrique appeared before the Board to express her disappointment that the July 14, 2020 County-wide mask mandate did not receive approval from the Board. Ms. Manrique provided reasons in favor of mask-wearing, and urged the Commissioners to reconsider their stance. No Action Taken or Required C. PUBLIC NOTICE ITEMS Public Notice of Public Hearing Scheduled for September 15, 2020 to Consider 10.C.1. 20-1839 the Adoption of an Ordinance with regard to Face Covering Requirements (Legislative) Attachments:Staff Report Indian River County Florida Page 22 Meeting Minutes – Final August 18, 2020 Board of County Commissioners County Attorney Dylan Reingold read the Public Notice into the record. No Action Taken or Required 11. COUNTY ADMINISTRATOR MATTERS Collective Bargaining Agreement between Indian River County and Teamsters, 11.A. 20-1792 Local Union No. 769 - FY20/21 General Wage Increase Staff respectfully recommends approval of 3% general wage increase for Recommended Action: employees represented by the Teamsters, Local Union No. 769 effective the first full pay period in October 2020 and requests the Board authorize its Chairman to sign the amendment to Article 33 - Wages of the collective bargaining agreement providing for the general wage increase. Attachments:Staff Report Wage Reopener FY20-21 Amendment Exhibit A - ARTICLE 33 FY20-21 Wage Reopener County Administrator Jason Brown recounted that the County's current bargaining agreement with Teamsters, Local Union No. 769, provided for a wage reopener for Fiscal Year 20/21. Staff negotiated a 3% wage increase for County-employed Union members, which was ratified by the Union on August 4, 2020. Administrator Brown added that non-Union County employees would also receive a 3% wage increase. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to approve staff's recommendation. The motion carried by the following vote: Aye:5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 11.B. 20-1807 RecommendedIRCCode ofOrdinance Changes Approve the recommended changes and request the County Attorney to draft an Recommended Action: ordinance to bring back to the BCC for approval Attachments:Staff Report Section_102.01. Section_102.04. County Administrator Jason Brown reviewed the recommended amendments to Sections 102.01 and 102.04 of the County's Code. The administrative changes concerned the County Commission's meeting procedures and order of business. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to approve staff's recommendation. The motion carried by the following vote: Indian River County Florida Page 23 Meeting Minutes – Final August 18, 2020 Board of County Commissioners Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner Aye:5 - O'Bryan, and Commissioner Solari 11.C. 20-1810 CARES Act Spending Plan Revisions and Updates Staff recommends that the Board of County Commissioners approve the revisions Recommended Action: to the CARES Act Allocations as discussed and detailed in the staff report. Attachments:Staff Report United Way agreement Attachment A - TCCH Agreement County Administrator Jason Brown presented an update to the Coronavirus Aid, Relief, and Economic Security (CARES) Act spending plan which had been approved by the Board on July 14, 2020. Administrator Brown referred to his memo of August 11, 2020, which provided in-depth details of the plan's revisions. The changes included a return and reallocation of superfluous funds from Indian River Shores; additional funding for Treasure Coast Community Health's (TCCH) COVID-19 testing; revisions to the allocation of the Small Business Recovery Grant; changes to partner agencies handing the Workforce Development Program; a revised agreement with the United Way; and distribution of Personal Protective Equipment (PPE) to the community. Commissioner Solari supported the changes and praised staff's efforts in managing a multitude of the community's needs. Ardra Rigby, President, West Wabasso Civic Club, commended staff and the Board's desire to work cooperatively with the Wabasso community. A motion was made by Commissioner Solari, seconded by Commissioner O'Bryan, to approve staff's recommendation. The motion carried by the following vote: Aye:5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari Resolution in Support of the Pedestrian Safety Study Act Introduced by 11.D. 20-1824 Congressmen Posey and Mast County staff recommends the Board of County Commissioners of Indian River Recommended Action: County, Florida pass a Resolution in support of the Posey-Mast Pedestrian Safety Study Act and respectfully request United States Senators Rubio and Scott to include the Pedestrian Safety Study Act within any forthcoming appropriations legislation which may be considered by the United States Senate. Indian River County Florida Page 24 Meeting Minutes – Final August 18, 2020 Board of County Commissioners Attachments:Staff Report Resolution re Mast Posey Rail Safety Study Legal Affairs and Communications Manager Brian Sullivan presented details of the Pedestrian Safety Study Act (the Act) which would provide for a study of motorist and pedestrian safety along the proposed Brightline (F/K/A Virgin Trains, All Aboard Florida) service corridor. He noted that while the United States House of Representatives passed the Act, the United States Senate had not taken up the matter. In response to a question from Commissioner Zorc, Mr. Sullivan agreed to inform the municipalities of the Act in the event they would like to take action as well. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to approve Resolution 2020-064, in support of the Pedestrian Safety Study Act introduced by Congressmen Posey and Mast. The motion carried by the following vote: Aye:5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 12. DEPARTMENTAL MATTERS A. Community Development Revolving Loan Fund Grant Application To Economic Development 12.A.1. 20-1822 Administration From Treasure Coast Regional Planning Council Staff recommends that the Board of County Commissioners Consider the Recommended Action: TCRPC request, direct any questions to Tom Lanahan and, provide the TCRPC with a recommendation regarding participation in the program. Attachments:Staff Report RLF match request from TCRPC Community Development Director Phil Matson presented the Treasure Coast Regional Planning Council's (TCRPC) request to apply for a grant from the Economic Development Agency (EDA). The grant would use CARES (Coronavirus Aid, Relief, and Economic Security) Act funding to create a $1 million revolving loan fund to help businesses in the three counties recover from COVID-19 losses. He went on to explain that Martin, St. Lucie and Indian River Counties would each provide a portion of the 20% required matching fund; Indian River County's commitment would be $52,000. Tom Lanahan, Executive Director, TCRPC, addressed the Board and reported that Martin and St. Lucie Counties had already approved participation. Mr. Lanahan provided additional details on the mechanics of the loan, and referred to South Florida's existing revolving loan fund program as an example. Indian River County Florida Page 25 Meeting Minutes – Final August 18, 2020 Board of County Commissioners Commissioner O'Bryan entered into discussion with Helene Caseltine, Economic Development Director of the Indian River County Chamber of Commerce, regarding the Chamber's assistance in recruiting local businesses to apply for a share of the loan. Mr. Lanahan sought the Board's input regarding the maximum loan amount that should be offered to businesses. Commissioner O'Bryan suggested a $50,000 maximum, with Commissioners Solari and Adams suggesting $100,000, noting that many businesses may fall under the maximum amount. A motion was made by Commissioner O'Bryan, seconded by Chairman Adams, to approve Indian River County's participation in applying for an Economic Development Agency grant to establish a Revolving Loan Fund in partnership with the Treasure Coast Regional Planning Council. The motion carried by the following vote: Aye:5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari Consideration of Coronavirus Relief Fund (CRF) Agreement with Florida 12.A.2. 20-1835 Housing Finance Corporation (FHFC), Consideration of Local Parameters for Fund Utilization, and Consideration of County Staffing and Outside Agency Assistance to Administer the Program Staff recommends that the Board of County Commissioners: 1. Approve the Recommended Action: CRF Agreement with the FHFC; 2. Approve the parameters of the program as outlined in the agreement and this staff report; 3. Authorize the County Administrator or his designee to make adjustments to the program activities to address needs of the community; 4. Authorize staff to proceed with the program for any additional funding that is received from the state (including a second anticipated round of funding, and any potential future allocation from the state); and 5. Authorize the County Administrator to negotiate sub-grantee agreements with any interested partner agencies using the template agreement from the FHFC and authorize the County Administrator to allocate allowable CRF Grant Administration funds to those agencies. Attachments: Staff Report CRF Agreement with FHFC Template Sub-grantee Agreement Bill Schutt, Chief of Long Range Planning, appeared before the Board to request consideration of a Coronavirus Relief Fund (CRF) Agreement with the Florida Housing Finance Corporation (FHFC). He explained that the CRF agreement would provide residents affected by COVID-19 with assistance for certain housing related expenses. Indian River County Florida Page 26 Meeting Minutes – Final August 18, 2020 Board of County Commissioners Referring to a PowerPoint presentation, Chief Schutt informed that the first round of funding would provide $572,301 to Indian River County, with a staff-recommended focus on mortgage and rental payment assistance. He continued with recommended assistance caps, household income eligibility, promotion, administrative tasks, staffing needs, and assistance from potential community partners. His presentation concluded with staff recommendations. Chief Schutt entered into discussion with the Board regarding Area Median Income (AMI) parameters, and clarification on which housing expenses would quality for assistance. A motion was made by Commissioner Solari, seconded by Commissioner O'Bryan, to approve staff's recommendation. The motion carried by the following vote: Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner Aye:5 - O'Bryan, and Commissioner Solari B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works Moorhen Marsh Low Energy Aquatic Plant System - Recommendation 12.F.1. 20-1854 Regarding Construction Bids (Bid #2020030 Reject all bids and purchase a super long reach excavator and a dump truck and Recommended Action: begin in situ canal water lettuce harvesting with the excavator, and authorize design by staff of a basic water lettuce treatment system on the Moorhen Marsh site, followed by its construction. Specifications of this recommendation are detailed in the Staff Report Indian River County Florida Page 27 Meeting Minutes – Final August 18, 2020 Board of County Commissioners Attachments:Staff Report Attachment A - Allen Concrete Protest Letter Attachment B - County Purchasing Manager Letter Attachment C - Alternatives Analysis Richard Szpyrka, Director of Public Works, utilized a PowerPoint presentation to discuss planned construction of the Moorhen Marsh Low Energy Aquatic Plant System (Moorhen), designed to remove harmful nutrients from the County's canals. Director Szpyrka informed that the lowest qualified construction bid was more that 20 percent above estimate, and therefore not feasible. His presentation continued with three alternate options to achieve Moorhen's nutrient removal goals: purchase a long reach excavator, build a basic water lettuce system, and a combination of the two. Commissioners questioned and received answers from Director Szpyrka regarding specifics of the alternatives and analysis of their effectiveness, as contained in staff's memorandum dated August 11, 2020. In response to the Commissioner's questions, Keith McCully, County Stormwater Engineer, appeared before the Board to provide information on the County's other nutrient removal sites, Osprey Acres and Egret Marsh, and how they compared to Moorhen Marsh. Discussion concluded with details of County funding and grants available to finance the cost of staff's recommendations. A motion was made by Commissioner Solari, seconded by Vice Chairman Flescher, to approve staff's recommendation. The motion carried by the following vote: Aye:5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari The Chairman called for a recess at 10:48 a.m., and reconvened the meeting at 10:53 a.m. with all members present. G. Utilities Services 13. COUNTY ATTORNEY MATTERS City of Vero Beach Water, Wastewater and Reclaimed Water Franchise Agreement 13.A. 20-1850 Update Attachments: Staff Report Indian River County Florida Page 28 August 18, 2020 Board of County Commissioners Meeting Minutes - Final County Attorney Dylan Reingold appeared before the Board to provide an update on stalled negotiations for a new wastewater and reclaimed water franchise agreement with the City of Vero Beach (the City) to replace the agreement which expired in March of 2017. Attorney Reingold reported attending the July 14, 2020 City council meeting and receiving an assurance that a document would be forwarded for his review. He further explained that the new agreement sought to formalize the current situation in which the City was servicing residents in unincorporated areas of the County, at County rates. Discussion ensued regarding the timeline of negotiations, details of the proposed agreement, and follow-up efforts. Attorney Reingold explained the ramifications of not having a franchise arrangement in place, and agreed to continue pursuit of a signed agreement. No Action Taken or Required 13.B. 20-1865 Jill Jaynes Litigation The County Attorney’s Office recommends that the Indian River County Board of Recommended Action: County Commissioners authorize the County Attorney’s Office to seek further legal recourse against Ms. Jaynes and her business in order to recoup the losses sustained by her fraudulent billing practices. As this matter will more than likely involve in depth discovery, the County Attorney’s Office recommends that the Board authorize the County Attorney’s Office to hire outside counsel to assist in the matter. Attachments:Staff Report County Attorney Dylan Reingold recapped the case and judgment against Jill Jaynes's fraudulent billing practices from her acupuncture practice in Vero Beach. The County Attorney's Office felt that damages exceeded the $173,000 in restitution Ms. Jaynes was ordered to pay, and sought the Board's approval to pursue litigation in order to recoup additional losses. He advised that hiring outside counsel may be necessary, and provided information on the likelihood of collecting additional money. The Board entered into discussion with Attorney Reingold, expressing concerns regarding the success of litigation and the need for more information on collectability. The Commissioners requested additional due diligence from the Attorney's Office prior to engaging outside counsel. County Administrator Jason Brown agreed that the restitution amount was low compared to damages, and expressed concern that Ms. Jaynes may still be in business. A motion was made by Commissioner O'Bryan, seconded by Commissioner Solari, to approve authorizing the County Attorney to file suit, with direction for additional research prior to engaging outside counsel. The motion carried by the Indian River County Florida Page 29 August 18, 2020 Board of County Commissioners Meeting Minutes - Final following vote: Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner Aye:5 - O'Bryan, and Commissioner Solari 13.C. 20-1867 Quit Claim Deed to James W. Steil, Inc Staff recommends that the Board approve settlement of the threatened litigation by Recommended Action: directing the County Attorney’s Office to finalize a Quit Claim Deed to the remnant property to James W. Steil, Inc., and authorize the Chairman to execute the deed on behalf of the Board. Attachments:Staff Report Aerial Photo of Parent Parcel - Steil cdv sketch and highlighted area of subject property IRC quit claim deed to Steil 2020 Deputy County Attorney Bill DeBraal referred to staff's memorandum of August 12, 2020 to provide details of the Quit Claim Deed request from James W. Steil, Inc. for a remnant parcel adjacent to Mr. Steil's property on US Highway 1 and 10th Street. Attorney DeBraal displayed the property's boundaries and recounted the research done to investigate ownership of the remnant. He advised that no ownership, or future plans for the remnant parcel could be found, and recommended issuing a Quit Claim Deed with an easement for underground utilities. Commissioner Zorc received clarification from Attorney DeBraal regarding the differences between abandonment of this remnant and parcels that would be considered right-of-way. A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to approve staff's recommendation. The motion carried by the following vote: Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner Aye:5 - O'Bryan, and Commissioner Solari 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Tim Zorc 14.C.1. 20-1799 Discussion on Pine Tree Park Storm Water Drainage Discuss Recommended Action: Indian River County Florida Page 30 August 18, 2020 Board of County Commissioners Meeting Minutes - Final Attachments:Commissioner's Memorandum Commissioner Zorc requested tabling the item until a future date when residents would be able to appear before the Board to speak on the issue. Tabled D. Commissioner Peter D. O'Bryan E. Commissioner Bob Solari F. Commissioners Open Dialogue 14.F.1. 20-1747 Commissioners Open Dialogue Informational Only Recommended Action: Attachments:Memorandum Chairman Susan Adams opened discussion with acknowledgement that this was voting day, as well as the 100th Anniversary of the Women's Suffrage movement. Vice Chairman Flescher urged residents to vote. Commissioner Zorc discussed his effort to help develop a public fishing area, possibly in Winter Beach. Commissioner O'Bryan recounted riding the Jungle Trail from Captain Forster Park to the Bridge Tender's Park, and his experience at the disc golf course at Kiwanis Hobart Park. He also made note of the observed high rate of compliance for the mask mandate, and the Public Service Announcements created by Commissioners in support of mask wearing. Commissioner Solari recounted his experience with mask-wearing residents, and urged people to wear their masks correctly. No Action Taken or Required 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District The Board of County Commissioners reconvened as the Board of Commissioners of the Emergency Services District. The minutes will be approved at an upcoming Emergency Services District meeting. Indian River County Florida Page 31 August 18, 2020 Board of County Commissioners Meeting Minutes - Final A motion was made by Vice Chairman Flescher, seconded by Commissioner O'Bryan, to approve the Meeting Minutes of March 10, 2020, April 21, 2020, June 9, 2020, and June 16, 2020 as written. The motion carried by the following vote: Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner Aye:5 - O'Bryan, and Commissioner Solari 15.A.1. 20-1649 Approval of Minutes Meeting of March 10, 2020 Approve Recommended Action: Attachments: 03102020ESD_Draft Approved 15.A.2. 20-1707 Approval of Minutes Meeting April 21, 2020 Approve Recommended Action: Attachments:04212020ESD_Draft Approved 15.A.3. 20-1802 Approval of Minutes Meeting of June 9, 2020 Approve Recommended Action: Attachments:06092020ESD_Draft Approved 15.A.4. 20-1809 Approval of Meeting Minutes of June 16, 2020 Approve Recommended Action: Attachments:06162020ESD_Draft Approved Approval of Second Amendment and Renewal of Property Lease for Temporary 15.A.5. 20-1795 Location of Fire Station #7 Staff recommends approval of the amendment and renewal of property lease. Recommended Action: Attachments:Staff Report Second Amendment Lease Agreement Station 7 \[Clerk's note: This Item was heard following Item 10.A.2., and is placed here for continuity.\] Indian River County Florida Page 32 August 18, 2020 Board of County Commissioners Meeting Minutes - Final Emergency Services Chief Tad Stone reported that his department was diligently searching for property for a new fire station location. A motion was made by Commissioner O'Bryan, seconded by Commissioner Solari, to approve staff's recommendation. The motion carried by the following vote: Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner Aye:5 - O'Bryan, and Commissioner Solari B. Solid Waste Disposal District The Board of Commissioners adjourned the meeting of the Emergency Services District and reconvened as the Board of Commissioners of the Solid Waste Disposal District. The minutes will be approved at an upcoming Solid Waste Disposal District meeting. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to approve the Meeting Minutes of May 19, 2020, and June 9, 2020 as written. The motion carried by the following vote: Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner Aye:5 - O'Bryan, and Commissioner Solari 15.B.1. 20-1789 Approval of Meeting Minutes of May 19, 2020 Approve Recommended Action: Attachments:05192020SWDD_Draft Approved 15.B.2. 20-1803 Approval of Minutes Meeting of June 9, 2020 Recommended Action:Approve Attachments: 06092020SWDD_Draft Approved Ratification of Award of Bid 2020027 - Old Dixie Highway-Landfill Wetland 15.B.3. 20-1846 Mitigation Site Perimeter Fencing Staff recommends the Solid Waste Disposal District Board consider the Recommended Action: following: 1. Ratify the Award Bid 2020027 to KMG Fencing, LLC, of Apopka, Florida, as the lowest, responsible, and responsive bidder for this project ; and, 2. Approve and authorize the Chairman to execute the agreement after receipt and approval of any required bonds and insurance, and after vendor has reactivated its registration with the Building Division, and after final review and approval by the County Attorney as to form and legal sufficiency Indian River County Florida Page 33 August 18, 2020 Board of County Commissioners Meeting Minutes - Final Attachments:Staff Report Agreement with KMG Fencing LLC There was no discussion regarding this item. A motion was made by Commissioner O'Bryan, seconded by Commissioner Solari, to approve staff's recommendation. The motion carried by the following vote: Aye:5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari Ratification of Award of Bid 2020050 (Phase 1) - Installation of New Concrete 15.B.4. 20-1844 Pad at IRC Landfill and Ratification of Award of Bid 2020050 (Phase 2) - Demolition of Existing Structures Staff recommends the Solid Waste Disposal District Board consider the Recommended Action: following: 1. Ratify the Award Bid 2020050 (Phase 1 - Installation of New Concrete Pad) to Summit Construction of Vero Beach, LLC, as the lowest, responsible, and responsive bidder for this phase of the project; 2. Ratify the Award Bid 2020050 (Phase 2 - Demolition of Existing Structures) to Timothy Rose Contracting, Inc., as the lowest, responsible, and responsive bidder for this phase of the project; and, 3. Approve and authorize the Chairman to execute the agreements after receipt and approval of any required bonds and insurance and final review and approval by the County Attorney as to form and legal sufficiency Attachments:Staff Report Agreement with Summit Construction Agreement with Timothy Rose Contracting Inc There was no discussion regarding this item. A motion was made by Commissioner Solari, seconded by Vice Chairman Flescher, to approve staff's recommendation. The motion carried by the following vote: Aye:5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 15.B.5. 20-1843 Approval of 2021 CPI Adjustment Request by Republic Services Solid Waste Disposal District staff recommends the following for Board review Recommended Action: and approval: 1. Approve the Calendar Year 2021 request for a 2.25% Consumer Price Index rate adjustment by Republic Services of Florida, LP, to be effective January 1, 2021, and authorize the County Administrator to take any necessary actions to effectuate the change Attachments:Staff Report Rate Adjustment Letter Request Indian River County Florida Page 34 August 18, 2020 Board of County Commissioners Meeting Minutes - Final Commissioner O'Bryan recounted discussion from the Budget Workshop meeting of July 15, 2020, in which the Board agreed to honor the existing contract even in the light of revenue shortfalls from COVID-19. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to approve staff's recommendation. The motion carried by the following vote: Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner Aye:5 - O'Bryan, and Commissioner Solari Indian River County Landfill Amendment No. 3 to Work Order No. 1 and Final 15.B.6. 20-1857 Pay to CDM Smith, Inc. Solid Waste Disposal District staff recommends that its Board approve the Recommended Action: following: a) Approve Indian River County Landfill Amendment No. 3 to Work Order No. 1 with CDM Smith Inc. in the amount of $23,300 to provide Phase III engineering services related to the Class I Landfill Segment 3 Cell 2 expansion, Segment 2 Partial Closure and Landfill Gas System Expansion; b) Authorize the Chairman to execute the same, as presented; and, c) Approve CDM Smith’s final invoice amount of $27,689.55 Attachments:Staff Report IRC Landfill Amendment No 3 to Work Order No 1 CDM Smith Final Invoice and Project Completion Report There was no discussion regarding this item. A motion was made by Vice Chairman Flescher, seconded by Commissioner O'Bryan, to approve staff's recommendation. The motion carried by the following vote: Aye:5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari Change Order No. 8, Release of Retainage and Final Pay to Thalle (Bid 15.B.7. 20-1856 #2018025) Solid Waste Disposal District staff recommends that its Board: 1. Approve and Recommended Action: authorize the Chairman to execute Change Order No. 8 approving the additional work and reconciliation of the project contract contingency as well as an extension in contract time for Milestone 2, and Final Completion by 20 days to Thalle Construction Company, Inc., for the Segment 3 Cell 2 Expansion, Segment 2 Partial Closure and Landfill Gas System Expansion project; and, 2. Approve the release of retainage and final payment in the amount of $703,002.72 and direct the Finance Department to withold the issuance of the check until the final release of liens are received from the eight (8) contractors that are due payment for release of retainage Indian River County Florida Page 35 August 18, 2020 Board of County Commissioners Meeting Minutes - Final Attachments:Staff Report CDM Smith Letter of Recommendation Change Order No 8 and Change in Contract Summary Log There was no discussion regarding this item. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to approve staff's recommendation. The motion carried by the following vote: Aye:5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 15.B.8. 20-1855 Request by Republic Services to bring City of Palm Bay Recyclables Solid Waste Disposal District (SWDD) staff recommends the following for Recommended Action: Board review and approval: 1. Acknowlege the request by Republic Services to bring recyclables from the City of Palm Bay to the Indian River County Recycling Transfer Facility starting on October 1, 2020; 2. Authorize staff to negotiate a formal agreement with Republic Services for SWDD Board approval at a future public meeting; and, 3. Authorize staff to negotiate an amendment to the Interlocal Agreement with St. Lucie County for the acceptance of the additional recyclables at their St. Lucie County Recycling Facility Attachments:Staff Report Request from Republic Services Himanshu Mehta, Managing Director of the Solid Waste Disposal District (SWDD), presented a request from Republic Services to bring the City of Palm Bay's recyclables to the Indian River County Recycling Transfer Facility (RTF). Republic Services' contract includes operation of the RTF, and responsibility for transporting recyclable materials to St. Lucie County. Director Mehta referred to staff's memo of August 7, 2020, discussing the terms of the proposal, and noted the possibility of assistance from Republic Services in upgrading the RTF. He added that St. Lucie County was agreeable to processing the additional material. Director Mehta also pointed to staff's analysis of the financial impact to the SWDD. Discussion ensued between the Board and Director Mehta regarding ownership of recyclable materials, timelines, and suggested modifications to the rate structure. Commissioners and staff requested clarification of the fee for contaminated recycling loads, and confirmation of Brevard County's landfill tipping fees. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to approve staff's recommendation, with additional direction to Indian River County Florida Page 36 August 18, 2020 Board of County Commissioners Meeting Minutes - Final negotiate adjustments to the tipping fee and pass-through charges. The motion carried by the following vote: Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner Aye:5 - O'Bryan, and Commissioner Solari Bill of Sale of Utility Facilities - Indian River County Landfill Segment 3 Cell 15.B.9. 20-1828 2 Expansion, Segment 2 Partial Closure, and Landfill Gas System Expansion Staff recommends approval of the Bill of Sale of Utility Facilities and requests Recommended Action: the Board authorize the Chairman to execute same for recordation in the Public Records of Indian River County, Florida. Attachments:Staff Report Bill of Sale of Utility Facilities Exhibit "A" to Bill of Sale of Utility Facilities There was no discussion regarding this item. A motion was made by Commissioner O'Bryan, seconded by Commissioner Solari, to approve staff's recommendation. The motion carried by the following vote: Aye:5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari C. Environmental Control Board 16. ADJOURNMENT There being no further business, the Chairman adjourned the meeting at 11:50 a.m. Indian River County Florida Page 37 Board of County Commissioners Meeting Minutes — Final August 18, 2020 Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of Circuit Court and Comptroller By: Deputy Clerk BCC/RW/2020 Minutes Approved: November 10, 2020 Indian River County Florida Page 38