HomeMy WebLinkAbout06/15/2021 (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, June 15, 2021
9:00 AM
Commission Chambers
Board of County Commissioners
Chairman, Joseph E. Flescher, District 2
Vice Chairman, Peter D. O'Bryan, District 4
Commissioner Susan Adams, District 1
Commissioner Joseph H. Earman, District 3
Commissioner Laura Moss, District 5
Jason E. Brown, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
Randi Wardlow, Deputy Clerk
Board of County Commissioners Meeting Minutes - Final June 15, 2021
1. CALL TO ORDER
Present: 5 - Chairman Joseph Flescher
Vice Chairman Peter O'Bryan
Commissioner Susan Adams
Commissioner Joe Earman
Commissioner Laura Moss
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF
THE ARMED FORCES
2.B. INVOCATION
Pastor Joe Moore, Rivers of Living Water
3. PLEDGE OF ALLEGIANCE
Commissioner Joseph E. Flescher, Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Added: Item 5.13. Proclamation Honoring Willie Mae Darrisaw on her 100th Birthday
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Adams,
to approve the Agenda as amended. The motion carried by the following vote:
Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner
Earman. and Commissioner Moss
5. PROCLAMATIONS and PRESENTATIONS
5.A. 21-0547 Presentation of Proclamation Honoring Joel V. Herman on His Retirement From
Indian River County Board of County Commissioners Department of Veterans
Services with Twenty -One Years of Service
Attachments: Proclamation
Chairman Flescher read and presented the Proclamation to Mr. Herman who
thanked his wife for her support during his career. Vice Chairman O'Bryan
expressed appreciation for his service to Country and community. Assistant
County Administrator Mike Zito expressed appreciation for Mr. Herman's
leadership and skill managing Veteran's issues.
Read and Presented
5. B. 21-0619 Presentation of Proclamation Honoring Willie Mae Darrisaw on Her 100th Birthday
Commissioner Earman read and presented the Proclamation to Ms. Darrisaw who
was joined by members of her family. Chairman Flescher congratulated her for a
lifetime of service and contributions to the community. Ms. Darrisaw expressed
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Board of County Commissioners Meeting Minutes - Final
June 15, 2021
appreciation for her long life and the many wonderful people she's met along the
way. All present in chambers joined together in singing "Happy Birthday" to Ms.
Darrisaw.
Read and Presented
6. APPROVAL OF MINUTES
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD
ACTION
7.A. 21-0605 The Hospital District's Public Official Bond for Ms. Kerry Bartlett has been
received from Attorney Jennifer D. Peshke's Office. The Bond is on file in the
Office of the Clerk to the Board.
Recommended Action: No Action Required
No Action Taken or Required
8. CONSENT AGENDA
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Adams,
to approve the Consent Agenda as amended, pulling Item 8.E. for discussion. The
motion carried by the following vote:
Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
8.A. 21-0539 Final Ranking of Consultants and Authorization to Negotiate - RFQ 2021020 for
Sandridge Clubhouse Architectural Design
Recommended Action: Staff recommends the Board approve the Committee's final ranking and authorize
negotiations with the top ranked firm in accordance with FS 287.055, and
subsequently ranked firms, should negotiations with the top ranked firm fail.
Attachments: Staff Report
Approved staffs recommendation and the final ranking of firms as: 1) Sun Patrick
Architecture, Inc. (dba sparcdesign); 2) Edlund, Dritenbas, Binkley, and Associates,
P.A.; 3) Slattery and Associates; 4) REG Architects, Inc.; 5) West Architecture +
Design, LLC.
8.B. 21-0589 Award of Bid 2021043 - Oslo Riverfront Conservation Area Fencing
Recommended Action: Staff recommends the Board award Bid 2021043 to A&B Fence Co., LLC, approve
the sample agreement and authorize the Chairman to execute the agreement after
receipt and approval of the required insurance, and after approval by the County
Attorney as to form and legal sufficiency.
Attachments: Staff Report
Sample Agreement
Approved staffs recommendation
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8.C. 21-0593 Award of Bid 2021044 - Hallstrom Farmstead Conservation Area Fencing
Recommended action: Staff recommends the Board award Bid 2021044 to A&B Fence Co., LLC, approve
the sample agreement and authorize the Chairman to execute the agreement after
receipt and approval of the required insurance, and after approval by the County
Attorney as to form and legal sufficiency.
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Attachments: Staff Report
Sample Agreement
Approved staff's recommendation
21-0591 Award of Bid No: 2021045, 4th Street Culvert Replacement at 90th Avenue
(IRC -2022)
ommended Action: Staff recommends that the project be awarded to Florida Site Contracting in the
amount of $334,472.00 and requests that the Board of County Commissioners
approve the sample agreement and authorize the Chairman to execute said
agreement after receipt and approval of the required Public Construction Bond and
Certificate of Insurance, and after the County Attorney has approved the agreement
as to form and legal sufficiency.
Attachments: Staff Report
Sample Agreement
Approved staff's recommendation
21-0594 Award of Bid No. 2021024 Fleet Facility Fuel Island Canopy Refurbishments,
IRC -2025
Recommended action: Staff recommends the project be awarded to JSR in the amount of $128,004.22.
Staff further recommends the Board approve the sample agreement and authorize
the Chairman to execute said agreement after review and approval of the agreement
and the 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
Commissioner Moss sought clarification of an asterisked footnote to the bids listed
in staffs memo dated June 1, 2021. Director of Public Works Richard Szpyrka
informed that the asterisk denoted staffs correction of a mathematical error on one
of the bids.
A motion was made by Commissioner Moss, seconded by Commissioner Adams, to
approve staff's recommendation. The motion carried by the following vote:
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Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
8.F. 21-0598 66th Avenue - Amendment No. 10 to Kimley-Horn & Associates, Inc. (IRC -1505)
Recommended Action: Staff recommends approval of Amendment No. 10 to Kimley-Horn & Associates,
Inc., and requests the Board authorize the Chairman to execute Amendment No. 10
on their behalf for a lump sum amount of $25,175.00.
Attachments: Staff Report
Amendment No. 10
Approved staffs recommendation
8.G. 21-0599 Opioid Litigation
Recommended Action: The County Attorney's Office recommends that the Indian River County Board of
County Commissioners vote to approve the proposed Memorandum of
Understanding and the related resolution and authorize the chair to execute a
Memorandum of Understanding substantially similar to that presented to the Board,
any and all other documents necessary to effectuate the Memorandum of
Understanding.
Attachments: Staff Report
Letter to Chairman Flescher dated 04.13.21
Memorandum of Understanding Proposal
Resolution
Approved staffs recommendation and Resolution 2021-041, authorizing Indian River
County to join with the State of Florida and other local governmental units as a
participant in the Florida Memorandum of Understanding and formal agreements
implementing a unified plan; and providing for an effective date.
8.H. 21-0606 Amendment 1 to Work Order No. 10 for Masteller & Moler, Inc., North County
Water and Sewer Project Phase 2 - Additional Design Services
Recommended Action: Staff recommends the Board of County Commissioners approve Amendment 1 to
Work Order No. 10 for Masteller and Moler, Inc. (MM) in the amount of
$159,885.00. The approval of this work order shall be contingent on the approval of
the Continuing Consulting Engineering Services Agreement for Professional
Services with MM
Attachments: Staff Report
Amendment 1 to Work Order No 10 Masteller & Moler Inc
Approved staffs recommendation
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Board of County Commissioners Meeting Minutes - Final June 15, 2021
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
B. PUBLIC DISCUSSION ITEMS
10.B.1. 21-0517 Request to Speak from Paul Zelno, Safe Harbor for Life re: Request to Approve
Ordinance
Recommended Action: No Action Required
Attachments: Public Discussion Request Paul Zelno
Paul Zelno addressed the Commissioners with a plea to consider the Safe
Harbor ordinance, and to bring back the item for the Board's vote.
No Action Taken or Required
10.B.2. 21-0572 Request to Speak from Katherine Booth of Anglicans for Life re: Safe Harbor
Recommended Action: No action required
Attachments: Request to Speak - Booth
Katherine Booth, member of Anglicans for Life, discussed her organization's
stance regarding abortion, and requested that the Safe Harbor ordinance return
as an action item.
No Action Taken or Required
10.B.3. 21-0573 Request to Speak from Ruth Kuvlesky of Indian River Freedom Coalition re:
Safe Harbor Ordinance
Recommended Action: No action required
Attachments: Public Discussion Request Kuvleskv
Ruth Kuvlesky, founder of the Indian River Freedom Coalition, represented the
County's Christian voters in their support of the Safe Harbor ordinance, and
requested sponsorship for a Board vote.
No Action Taken or Required
10.B.4. 21-0596 Request to Speak from Chris Allen re: Safe Harbor for the Unborn
Recommended Action: No action required
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Board of County Commissioners Meeting Minutes - Final June 15, 2021
Attachments: Public Discussion Request Allen
Chris Allen, founding member of We The People Indian River County, spoke in
favor of provisions in the Safe Harbor proposed ordinance, and requested that
the item return to the Board for a vote.
Following the presentations, Chairman Flescher expressed his skepticism that a
local ordinance could affect change at the national level.
No Action Taken or Required
C. PUBLIC NOTICE ITEMS
10.C.1. 21-0602 City of Vero Beach - Indian River County Conflict Assessment Meeting - June
24th
Attachments: Staff Report
County Attorney Dylan Reingold read the Public Notice into the record.
No Action Taken or Required
11. COUNTY ADMINISTRATOR MATTERS
11.A. 21-0603 Legislative Update
Recommended Action: Presentation; no action required
Attachments: Staff Report
County Administrator Jason Brown introduced the County's Legislative Affairs and
Communications Manager Kathleen Keenan, who provided an update of the 2021
Florida Legislative Session. Utilizing a PowerPoint presentation, Ms. Keenan
discussed the state budget for fiscal year 2020-2021, including taxpayer savings,
environmental investment, transportation, economic development, and Veterans
issues. The County received approval of $4.9 million for high speed rail safety
improvements and a $7.5 million grant for Sector 3 beach restoration.
Ms. Keenan then gave an overview of the County's legislative priorities list which
included maintaining home rule on vacation rentals, grants to enhance broadband
internet infrastructure, and increased funding for the SHIP and SAIL affordable
housing programs. The presentation closed with a look ahead to the January 11,
2022 session, with anticipated bills addressing Covid-19 recovery, and redistricting.
Vice Chairman O'Bryan noted that the use of Zoom meetings was more impactful
and engaging than the pre-Covid face-to-face meetings. The Vice Chairman also
commented on the delayed Census data needed for redistricting, and added his
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Board of County Commissioners Meeting Minutes - Final June 15, 2021
prediction that the County's population had reached 159,000 people. County
Attorney Dylan Reingold informed that redistricting deadlines and procedures
would be discussed at the Florida Association of County Attorneys meeting, and he
would return to the Board with more information.
No Action Taken or Required
11.B. 21-0604 Indian River Lagoon Conservation Lands Bond Referendum - Capital Project and
Land Purchase Options
Recommended Action: Staff recommends that the Board consider the various types of improvements
detailed above and provide direction on the types of projects to be funded in the
event that the Board approves placing a general obligation bond issue referendum
on the ballot. Based upon this direction, staff could further develop a proposed
spending plan for such funds.
Attachments: Staff Report - Lagoon Conservation Land Bonds
County Administrator Jason Brown referred to the October 6, 2020 Board meeting
wherein the Board requested that staff return with recommendations on the ways a
conservation land bond referendum could be utilized to improve the health of the
Indian River Lagoon and County -owned conservation lands.
Administrator Brown relayed the following suggestions for the Board's
consideration: purchase additional land for conservation purposes; large-scale
stormwater treatment projects like Osprey Acres which also have recreational
features; lagoon -enhancements such as the Jones Pier living shoreline and salt
marsh; septic -to -sewer conversions; and development of (2) recently -purchased
parcels earmarked for water management/recreation. He concluded with bond
financing details, the possibility of Public -Private Partnerships, and projected
adding the item to the 2022 election ballots.
Under discussion, Vice Chairman O'Bryan expressed a preference for projects like
Osprey Acres which included recreational amenities; additionally, he suggested
including the cost of developing public access into the initial purchase price.
Commissioner Earman also expressed support for projects like Osprey Acres, and
the purchase of land. Commissioner Adams recommended looking to the County's
Lagoon Plan for spending guidance, and remaining flexible. Commissioner Moss
was in favor of acquiring conservation land. Chairman Flescher agreed with the
need to remain flexible.
Administrator Brown summarized the Board's direction and indicated he would
return with the referendum's wording for approval.
The Board provided direction to County Administrator Jason Brown regarding the
types of projects the Commissioners preferred for an Indian River Lagoon
Conservation Bond referendum. Administrator Brown offered to return to the Board
with wording for the ballot initiative.
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The Chairman called for a recess at 10:40 a.m., and reconvened the meeting at
10:50 a.m., with all members present.
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
Il. Utilities Services
12.H.1. 21-0600 South County Reverse Osmosis (SCRO) Water Treatment Plant (WTP)
Improvements Bid Award
Recommended Action: Staff recommends that the Board of County Commissioners (BCC) award bid
#2021026 to TLC Diversified, Inc. for $10,498,777.00. Staff also recommends
the BCC approve the sample agreement and authorize the Chairman to sign it,
after the County Attorney has approved it as to form and legal sufficiency, and
after receipt and approval of the required public construction bond and
insurance. Staff further proposes the federal clauses be added to the final
contract documents.
Attachments: Staff Report
KHA South County WTP Improvements Project Bid Review
Sample Agreement
Director of Utility Services Vincent Burke referred to staffs memo dated May
26, 2021, to provide details of the improvements needed at the South County
Reverse Osmosis (SCRO) Water Treatment Plant (WTP). The needed work,
plus additional items recommended by Kimley-Horn and Associates, was sent
out for bid and TLC Diversified, Inc. (TLC) returned as the lowest responsible
bidder.
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Board of County Commissioners Meeting Minutes - Final June 15, 2021
Director Burke noted that after bids had been accepted, the Board allocated $6
million of American Rescue Plan funds for the project, which necessitated the
addition of federal requirements to the agreement. Staff recommended
awarding the bid to TLC pending their acceptance of the additional federal
clauses.
Upon query by Vice Chairman O'Bryan, County Attorney Dylan Reingold
informed that the federal clauses were impactful, but many contractors were
familiar with them and staff would verify that TLC was comfortable with the
additional requirements. Commissioner Earman received information from
Director Burke regarding the additional recommended items which were
needed to ensure that the WTP's aging system continued to be functional and
reliable.
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher,
to approve staff's recommendation. The motion carried by the following vote:
Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,
Commissioner Earman, and Commissioner Moss
12.H.2. 21-0608 Approval of Work Order 6 to Kimley-Horn and Associates for South County
Reverse Osmosis Water Treatment Plant Construction Phase Services
Recommended Action: Staff recommends that the Board of County Commissioners approve Work Oder
No. 6, as per the Agreement for Professional Services for Water Plant and Water
Resources Engineering Services Request for Quotation 2019070, and authorize
the Chairman to execute the Work Order on their behalf to engage the services
of Kimley-Horn and Associates, Inc., for the amount of $1,222,545.00
Attachments: Staff Report
Work Order No 6 with KHA
There was no discussion regarding this item.
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher,
to approve staffs recommendation. The motion carried by the following vote:
Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,
Commissioner Earman, and Commissioner Moss
13. COUNTY ATTORNEY MATTERS
14. COMMISSIONERS MATTERS
A. Commissioner Joseph E. Flescher, Chairman
B. Commissioner Peter D. O'Bryan, Vice Chairman
C. Commissioner Susan Adams
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Board of County Commissioners Meeting Minutes - Final June 15, 2021
D. Commissioner Joseph H. Earman
E. Commissioner Laura Moss
15. SPECIAL DISTRICTS AND BOARDS
The Board of County Commissioners reconvened as the Board of Commissioners
of the Solid Waste Disposal District. Those minutes will be approved at an
upcoming Solid Waste Disposal District meeting.
A. Emergency Services District
B. Solid Waste Disposal District
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner
Earman, to approve the Solid Waste Disposal District Meeting Minutes of March
16, 2021, and April 13, 2021 as written. The motion carried by the following vote:
Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,
Commissioner Earman, and Commissioner Moss
15.B.1. 21-0583 Approval of Minutes Meeting March 16, 2021
Recommended Action: Approve
Attachments: 03162021 SWDD Draft
Approved
15.B.2 21-0587 Approval of Minutes Meeting April 13, 2021
Recommended Action: Approve
Attachments: 04132021SWDD Draft
Approved
15.B.3. 21-0607 Approval for Temporary Off -Site Disposal of Concentrated Leachate
Recommended Action: Staff recommends approval from the Solid Waste Disposal District Board to
waive the requirement for bids and authorize the Purchasing Department to
issue purchase orders to Rain for Rent and to Aqua Clean for a six-month
project to collect, transport and dispose of concentrated leachate.
Attachments: Staff Report
Quotation from Aqua Clean
Quotation from Rain for Rent
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Board of County Commissioners Meeting Minutes - Final June 15, 2021
Director of Utility Services Vincent Burke appeared before the Board with
follow-up to direction provided at the May 18, 2021 BCC meeting to secure a
short-term solution to the leachate problem at the landfill. Director Burke
reviewed the plan to lease storage tanks for leachate removal and then use tanker
trucks to transport the material off-site for disposal. He provided the costs for
the plan, and requested the Board's approval to waive the requirement for bids.
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner
Adams, to approve staffs recommendation. The motion carried by the following
vote:
Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,
Commissioner Earman, and Commissioner Moss
15.B.4. 21-0601 Change Order No.I to SCS Field Services for Landfill Segment 3 Cell 1
Landfill Gas System Expansion Project (Bid #2021006)
Recommended action: Staff recommends that its Board approve the following: a) Approve Change
Order No. 1 to Bid No. 2021006 to Sterns, Conrad, and Schmidt Consulting
Engineers, Inc. dba SCS Field Services, of Reston, Virginia, for the Segment 3
Cell 1 Landfill Gas System Expansion project in the amount of $48,599 for a
grand total of $1,117,109.00; and, b) Authorize the Chairman to execute the same
Attachments: Staff Report
CDM Smith Recommendation and Change Order No 1
Director of Utility Services Vincent Burke presented the change order from
SCS Field Services in relation to the County's landfill gas system expansion
project. Director Burke reminded the Board that the County had contracted
with the Indian River Eco District to provide a large quantity of landfill gas,
and staff was recommending additional items to optimize the capture of that
gas.
Vice Chairman O'Bryan received confirmation that the leachate stored in the
landfill's wells was hampering the production of landfill gas and that once the
leachate was removed, gas production would increase.
A motion was made by Commissioner Earman, seconded by Chairman Flescher,
to approve staffs recommendation. The motion carried by the following vote:
Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,
Commissioner Earman, and Commissioner Moss
C. Environmental Control Board
16. ADJOURNMENT
There being no further business, the Chairman adjourned the meeting at 11:06 a.m.
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Board of County Commissioners Meeting Minutes — Final June 15, 2021
ATTEST:
Jeffrey . Smith, MPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
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Deputy
BCC/RW/2021 Minutes
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Approved: September 14, 2021
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