HomeMy WebLinkAbout10/03/2023 (2)Indian River County Florida
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.indianriver.gov
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Meeting Minutes - Final
Tuesday, October 3, 2023
9:00 AM
Commission Chambers
Board of County Commissioners
Joseph H. Earman, District 3, Chairman
Susan Adams, District 1, Vice Chairman
Joseph Flescher, District 2
Deryl Loar, District 4
Laura Moss, District 5
John A. Titkanich, Jr., County Administrator
William K. DeBraal, County Attorney
Ryan L. Butler, Clerk of the Circuit Court and Comptroller
Randi Wardlow, Deputy Clerk
Board of County Commissioners Meeting Minutes - Final October 3, 2023
1. CALL TO ORDER
Present: 5 - Chairman Joe Earman
Vice Chairman Susan Adams
Commissioner Joseph Flescher
Commissioner Deryl Loar
Commissioner Laura Moss
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF
THE ARMED FORCES
2.B. INVOCATION
Rev. Dr. Joe LaGuardia, First Baptist Church of Vero Beach
3. PLEDGE OF ALLEGIANCE
Chairman Joseph H. Earman
Following the Pledge of Allegiance, the Vero Beach High School Choir sang
the Star Spangled Banner.
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Deleted Item 15.13.5.
A motion was made by Commissioner Flescher, seconded by Commissioner Loar,
to approve the Agenda as amended. The motion carried by the following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner
Loar, and Commissioner Moss
5. PROCLAMATIONS and PRESENTATIONS
5.A. 23-0926 Presentation of Proclamation - College Sports & Academic Achievement Game Day
in Indian River County
Recommended Action: Read & Present
Attachments: Proclamation
The Second Annual College Game Day kicked off with Deputy County Administrator
Michael Zito announcing the Board and staff, who entered to the sounds of game -day
pep tunes and through a blast of confetti. Game Day mascot Mariner Pete,
representing Marine Bank, was present to cheer everyone on.
School Board Superintendent Dr. David K. Moore was introduced with a recounting
of his career highlights and accomplishments. Dr. Moore celebrated the student
athletes, and proudly informed of the School District's achievements in graduation
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Board of County Commissioners Meeting Minutes - Final October 3, 2023
rates, and academic ranking. He acknowledged School Board staff, and thanked the
teachers and school staff members who made the District successful.
The Vero Beach High School Fighting Indians Marching Band entered the Chamber
playing their fight song as Principal Shawn O'Keefe thanked staff. Athletic Director
Lenny Jankowski took the podium to introduce several student athletes representing a
variety of sports and to discuss their college plans.
Next, the Sebastian River High School Marching Sharks performed as Principal
Christopher Cummings took the podium to thank staff and introduce Athletic Director
Terri Amy. Ms. Amy introduced a representative group of student athletes, and
detailed their high school careers and plans following graduation.
Last up was St. Edward's School and their new Athletic Director Eileen Pliske, who
thanked the Board for including her school in the celebration. Coach Steve Fenning
introduced their student athlete who committed to attending the University of Miami as
a competitive swimmer.
Game Day wrapped up with appearances from former local athletes who had gone on
to have careers in sports. Rick Hatcher, former baseball player and current CEO at
Play Treasure Coast Sports Tourism, provided words of inspiration. Mr. Hatcher
urged the student athletes to be thankful for their families and teachers, be prepared to
take advantage of opportunities, and make a good first impression. Gary Parris, a
multi -sport athlete who went on to play professional football, and returned to live in
and serve Vero Beach, spoke next. He thanked the Board for supporting the local
sports community, discussed his love of coaching, and regaled with anecdotes from
his professional football days.
Read and presented by Chairman Earman
5.B. 23-0914 Presentation of Proclamation Honoring Perry Morgan
Recommended Action: Read & Present
Attachments: Proclamation
Commissioner Moss presented a posthumous Proclamation in memory of Perry
Morgan, locally celebrated as the "Horn Man", for the rallying horn he blew from the
stands at Vero Beach High School football games. Members of his family were
present to accept the honor, and described Mr. Morgan as humble, mild-mannered
and dedicated. Commissioner Flescher, assisted by Mr. Morgan's nephew, blew the
horn in his memory.
Read and presented by Commissioner Moss
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Board of County Commissioners Meeting Minutes - Final October 3, 2023
The Chairman called for a recess at 10:33 a.m., and reconvened the meeting at 10:55
a.m. with all members present.
5.C. 23-0864 Presentation of Proclamation in Recognition of Fire Prevention Week, October 8-14,
2023
Recommended Action: Read and Present
Attachments: Proclamation
Assistant Fire Chief Richard Marini was joined by members of the Fire Rescue
Department to discuss kitchen safety tips such as turning pot handles, using oven mitts
and microwave -safe vessels. Mr. Marini thanked the Board for helping spread public
awareness of fire danger in the home, and accepted the recognition on behalf of his
safety team and leadership.
Commissioner Flescher advocated for home fire extinguishers, and Mr. Marini
advised on proper usage and disposal.
Read and presented by Commissioner Flescher
5.D. 23-0913 Presentation of Proclamation in Recognition of National 4-H Week October 1 - 7,
2023
Recommended Action: Read & Present
Attachments: Proclamation
Jennifer Penn, President of the Indian River County 4-H Foundation, appeared before
the Board to accept the Proclamation and discuss 4-H youth programs in the County.
Ms. Penn was joined by 4-H members Joseph and Giorgio Semprevivo who shared
their interest in 4-H which extended beyond agriculture and animals to include
leadership training, public speaking opportunities, and real-world legislative
experience.
The Board and staff complimented the Semprevivo brothers and discussed the
benefits of 4 -H's youth programs.
Read and presented by Vice Chairman Adams
6. APPROVAL OF MINUTES
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Board of County Commissioners Meeting Minutes - Final October 3, 2023
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD
ACTION
7.A. 23-0919 Indian River County Venue Event Review Calendar
Recommended Action: Informational item only, no Board action required
Attachments: IRC Venue Event Calendar
8. CONSENT AGENDA
Chairman Earman made mention of the calendar, and directed everyone to the
County's revamped website (indianriver.gov) for complete information.
No Action Taken or Required
A motion was made by Commissioner Moss, seconded by Commissioner
Flescher, to approve the Consent Agenda as amended, pulling Items 8.0. and
8.P. for discussion. The motion carried by the following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner
Loar, and Commissioner Moss
8.A. 23-0861 Checks and Electronic Payments September 1, 2023 to September 7, 2023
Recommended action: Approve the list of checks and electronic payments issued by the Comptroller's office
for the time period of September 1, 2023 to September 7, 2023
Attachments: Comptroller Division Staff Report
Approved
8.B. 23-0885 Checks and Electronic Payments September 8, 2023 to September 14, 2023
Recommended action: Approve the list of checks and electronic payments issued by the Comptroller's office
for the time period of September 8, 2023 to September 14, 2023
Attachments: Comptroller Division Staff Report
Approved
8.C. 23-0921 First Addendum to Liberty Park, Phase I and IB Developer's Agreement Between
Indian River County and Ryall Development Group, LLC
Recommended action: Staff recommends the Board approve the First Addendum to Liberty Park Phase IA
and IB Developer's Agreement and authorize the chairman to execute the addendum
on behalf of the Board
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Board of County Commissioners Meeting Minutes - Final October 3, 2023
Attachments: Staff Report
First Addendum to Developer's Agreement
Exhibit A -F
Approved staffs recommendation
8.D. 23-0911 Transit Development Plan (TDP) Major Update
Recommended action: Staff recommends that the Board of County Commissioners approve the Transit
Development Plan
Attachments: Staff Report
Transit Development Plan
Approved staffs recommendation
8.E. 23-0920 Duck Head Island Revegetation - Final Completion and Release of Retainage
Recommended action: Staff respectfully recommends approval of Invoice #3459, in the amount of
$11,432.39, to Sandhill Environmental Services, LLC, which will release any further
obligations of the County from the Contractor
Attachments: Staff Report
Final Duck Head Invoice 3459
Approved staffs recommendation
8.F. 23-0924 Jones' Pier Conservation Area - Construction Administration Services; Donadio
Amendment No. 3 to Work Order No. 3
Recommended action: Staff respectfully recommends the Board accept Work Order Number 3,
Amendment No. 3 - Donadio & Associates, Continuing Architectural Services RFQ
2018063, renewed November 2, 2021, for construction administration services
associated with the Jones' Pier Bungalow House Renovations, authorizing the
professional services as outlined in Exhibit A, and request the Board authorize the
Chairman to execute Amendment No. 3, Work Order Number 3
Attachments: Staff Report
Amendment 3 to WO 3
Attachment A
Approved staffs recommendation
8.G. 23-0876 Designation of Excess Equipment as Surplus and Authorization to Donate
Recommended action: Staff recommends the Board declare the listed items as surplus, and authorize their
donation to Treasure Coast Educational Media, Inc.
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Board of County Commissioners Meeting Minutes - Final October 3, 2023
Attachments: Staff Report
Approved staffs recommendation
8.H. 23-0877 Award of RFP 2023050 for Employee Compensation and Classification Study
Recommended Action: Staff recommends the Board approve the final ranking of firms, approve the
agreement, and authorize the Chairman to execute it, after review and approval by the
County Attorney as to form and legal sufficiency, and after approval of the required
insurance by the Risk Manager
Attachments: Staff Report
Agreement
Approved staffs recommendation
8.1. 23-0904 Approval of Final Ranking of Firms and Authorization to Negotiate for RFQ
2023057, Design Services for Oslo Park Paving and Drainage Project (IRC -2308)
Recommended Action: Staff recommends the Board approve the Committee's final ranking of firms, and
authorize negotiations with the top ranked firm in accordance with FS 287.055, and
the subsequently ranked firms, should negotiations with the top ranked firm fail
Attachments: Staff Report
Approved staffs recommendation
8.J. 23-0909 Third Amendment to Staffing Agreement with HireQuest Direct for Temporary Day
Laborers
Recommended action: Staff recommends the Board approve the Third Amendment, and authorize the
Chairman to execute it, after approval by the County Attorney as to form and legal
sufficiency
Attachments: Staff Report
Third amendment
Request for Increase
Approved staffs recommendation
8.K. 23-0915 Ixora Park Sewer Rehabilitation, Approval for FDEP Grant Agreement
Recommended Action: Staff recommends the Board of County Commissioners authorize the Chairman to
sign the Florida Department of Environmental Protection Grant Agreement No.
LPA0306, and all necessary documents in order to effectuate the grant agreement
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Board of County Commissioners Meeting Minutes - Final October 3, 2023
Attachments: Staff Report
FDEP Agreement No LPA0306
Grant Form
Approved staffs recommendation
8.L. 23-0916 Kimley-Horn and Associates, Inc. Construction Phase Services for Utility Work by
Highway Contractor Projects
Recommended Action: Staff recommends that the Board of County Commissioners approve Work Order
Nos. 3, 4, and 5 with Kimley-Horn and Associates, Inc. in the amounts of
$95,240.00, $106,940.00, and $24,135.00, respectively, to provide construction
phase services, and authorize the Chair to execute the same. So long as there are no
changes in the dollar amount under the work orders, upon adequate completion of the
work set forth in the work orders, staff is directed to make final payments to
Kimley-Horn and Associates, Inc., after review and approval by the Purchasing
Manager and the County Attorney's Office
Attachments: Staff Report
Kimlev-Horn WO 3
Kimlev-Horn WO 4
Kimlev-Horn WO 5
Approved staffs recommendation
8.M. 23-0917 Sector 4 Hurricanes Ian and Nicole Dune Restoration Project, Coastal Tech Work
Order No. 2023051-02, Design, Permitting, and Bidding Services
Recommended action: The recommendation of staff is for the Board to approve Work Order No.
2023051-02 to the contract with Coastal Technology Corporation and authorize the
Chairman to sign on behalf of the County
Attachments: Staff Report
WO #2023051-02
Agreement
Approved staffs recommendation
8.N. 23-0922 Purchase of Mitigation Credits for IRC Fire Rescue Station #7, IRC -1911
Recommended Action: Staff recommends approval of purchasing 0.10 UMAM mitigation bank credits from
the Basin 22 Mitigation Bank in the amount of $26,500.00 for offsetting the proposed
wetland impacts to the project area as outlined in the Agreement and requests the
Board authorize the Chairman to execute the Agreement on their behalf
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Board of County Commissioners Meeting Minutes - Final October 3, 2023
Attachments: Staff Report
Mitigation Bank Credit Agreement
Approved staffs recommendation
8.0. 23-0932 Five Guys at Sebastian Corners Use of County Parking Spaces Agreement,
1929-1931 US Highway 1 & 1921-1923 US Highway 1, Vero Beach, FL 32958
Recommended Action: Staff recommends the Board approve the agreement and authorize the Chairman to
execute the Use of Parking Spaces Agreement on behalf of the Board.
Attachments: Staff Report
Use of Parking Spaces Agreement
Commissioner Flescher referred to the proposed Parking Spaces Agreement between
the County and Five Guys Burgers and Fries, which allowed Five Guys to use eight
(8) additional parking spaces at the Sebastian Corner Center after 4:00 p.m. The Tax
Collector's office raised safety concerns as they use the lot to train and test for driver's
licenses, and was open until 5:00 p.m. The Department of Veterans Services, a tenant
at the Center, expressed safety concerns as well. The Commissioner expressed
concern over the compatibility of the businesses, and suggested referring the item
back to staff for additional vetting.
County Administrator John Titkanich suggested delaying the hours of use until 6:00
p.m., after the Tax Collector's office closed, and approving the agreement with that
change. Commissioner Flescher was not in favor of approving the agreement before
the change had been accepted by Five Guys. County Attorney Bill DeBraal
recommended pulling the item, negotiating the revision, and then bringing the item
back before the Board. Chairman Earman recommended deferring the item until the
next meeting on October 17, 2023. County Attorney DeBraal also suggested staff
include an exhibit that showed the parking situation when the item was brought back.
A motion was made by Commissioner Flescher, seconded by Chairman Earman,
to Table the Item. Staff was directed to readdress parking concerns and return to
the Board with a modified agreement and visual aid at the October 17, 2023
meeting. The motion carried by the following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner
Loar, and Commissioner Moss
8.P. 23-0931 Sole Source Designation for Saviak Consulting, LLC (Strategic Plan)
Recommended Action: Staff recommends the Board waive the requirement for bids and authorize the County
Attorney to prepare a formal agreement to memorialize the expectations, deliverables,
costs, and terms. The total amount for this phase of strategic planning shall not exceed
$30,000, excluding work-related expenses.
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Board of County Commissioners Meeting Minutes - Final October 3, 2023
Attachments: Staff Report
Saviak Bio
Levey Bio
Commissioner Flescher raised concern over the use of a sole -source provider and
bypassing the RFP (Request for Proposal) process to secure a vendor for strategic
planning consultation. He added that while the County Administrator had the right to
approve the dollar amount of this contract without Board approval, the Commissioner
was concerned over the urgency in the matter, creating a long-term commitment, and
the optics of not putting the contract out to bid. Vice Chairman Adams received
confirmation that Commissioner Flescher was in favor of strategic planning, but
objected to bypassing the bid process for a vendor that the County may be involved
with on a long-term basis.
County Administrator John Titkanich noted it was within his authority to approve the
contract, and he brought this forward in the interest of transparency. Additionally, he
discussed why this was an urgent matter, as the County's strategic plan was outdated
and it was important to set goals and priorities ahead of impending budget planning.
He added that the consultant, Saviak Consulting, LLC, would not necessarily be
contracted for all future phases of planning.
Commissioner Moss spoke in favor of using a sole -source provider in this instance
due to the critical timing. Commissioner Loar agreed this was an urgent matter, and
supported Administrator Titkanich's leadership on the matter. Chairman Earman was
informed it would take three to four months at a minimum to complete the bidding
process, and received Administrator Titkanich's rationale for choosing this vendor.
Commissioner Flescher reiterated his concern with waiving the bidding process in this
instance.
A motion was made by Commissioner Moss, seconded by Vice Chairman Adams,
to approve staff's recommendation. The motion carried by the following vote:
Aye: 4 - Chairman Earman, Vice Chairman Adams, Commissioner Loar, and Commissioner
Moss
Nay: 1 - Commissioner Flescher
8.Q. 23-0934 Notice of Grant Award from Florida Blue Foundation -Park -Based Senior Wellness
Activities to Assist in the Development of Holistic Partnerships/Networks of Service
to Address Mental/Behavioral Health
Recommended action: Staff respectfully recommends that the Board accept this grant from Florida Blue
Foundation and authorize the Chairman to execute the Florida Blue Foundation,
Mental Well -Being Grant Agreement after review and approval by the County
Attorney as to form and legal sufficiency.
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Board of County Commissioners Meeting Minutes - Final October 3, 2023
Attachments: Staff Report
Grant Agreement
Grant Form
Approved staffs recommendation
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
B. PUBLIC DISCUSSION ITEMS
10.6.1. 23-0928 Public Discussion Request from Lance Lunceford; Chair, TPA Community
Council re: Community Council Recognition
Attachments: Public Discussion Reauest Lunceford
Lance Lunceford, Taxpayers Association of Indian River County, was joined by
Carole Jean Jordan, Indian River County Tax Collector, to thank the Board for
their participation in the recent Inaugural Community Council meeting to discuss
the future of the community. He noted the sense of unity among the participants,
and thanked all who assisted in coordinating the event.
Ms. Jordan praised the coherence exemplified at the Council meeting, and
thanked Mr. Lunceford for putting it together. Chairman Earman and
Commissioner Moss were pleased by the attendance and participation from all
sectors of the County.
No Action Taken or Required
C. PUBLIC NOTICE ITEMS
11. COUNTY ADMINISTRATOR MATTERS
12. DEPARTMENTAL MATTERS
A. Community Development
B. Emergency Services
C. General Services
D. Human Resources
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Board of County Commissioners Meeting Minutes - Final October 3, 2023
E. Information Technology
F. Office of Management and Budget
G. Public Works
H. Utilities Services
13. COUNTY ATTORNEY MATTERS
14. COMMISSIONERS MATTERS
A. Commissioner Joseph H. Earman, Chairman
B. Commissioner Susan Adams, Vice Chairman
C. Commissioner Joseph E. Flescher
D. Commissioner Deryl Loar
E. Commissioner Laura Moss
15. SPECIAL DISTRICTS AND BOARDS
The Board of County Commissioners 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. Emergency Services District
B. Solid Waste Disposal District
15.6.1. 23-0834 Solid Waste Disposal District Meeting Minutes of July 11, 2023
Recommended Action: Approve
Attachments: 07112023 SWDD Draft
A motion was made by Commissioner Flescher, seconded by Vice Chairman
Adams, to approve the Solid Waste Disposal District Minutes of July 11, 2023
as written. The motion carried by the following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher,
Commissioner Loar, and Commissioner Moss
15.6.2. 23-0855 Solid Waste Disposal District Meeting Minutes of July 12, 2023
Recommended Action: Approve
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Board of County Commissioners Meeting Minutes - Final October 3, 2023
Attachments: 07122023 SWDD Budget Workshop Draft
A motion was made by Commissioner Flescher, seconded by Vice Chairman
Adams, to approve the Solid Waste Disposal District Budget Workshop
Minutes of July 12, 2023 as written. The motion carried by the following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher,
Commissioner Loar, and Commissioner Moss
15.8.3. 23-0896 Approval of Solid Waste Disposal District Meeting Minutes of August 15, 2023
Recommended Action: Approve
Attachments: 08152023 SWDD Draft
A motion was made by Commissioner Flescher, seconded by Vice Chairman
Adams, to approve the Solid Waste Disposal District Minutes of August 15,
2023 as written. The motion carried by the following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher,
Commissioner Loar, and Commissioner Moss
15.8.4. 23-0902 Approval of Solid Waste Disposal District Meeting Minutes of August 29, 2023
Recommended Action: Approve
Attachments: 08292023 SWDD Draft
A motion was made by Commissioner Flescher, seconded by Vice Chairman
Adams, to approve the Solid Waste Disposal District Minutes of August 29,
2023 as written. The motion carried by the following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher,
Commissioner Loar, and Commissioner Moss
15.8.6. 23-0925 An Additional Update on Franchise Collection Procurement Process
Recommended Action: Solid Waste Disposal District staff recommends the Board approve the updated
scoring system to be utilized in the Solid Waste and Recycling Services Request
for Proposal solicitation package
Attachments: Staff Report
Solid Waste Disposal District Director Himanshu Mehta appeared before the
Board to provide an update on the status of the RFP (Request for Proposal) to
procure a new franchise agreement for solid waste collection in unincorporated
Indian River County. Director Mehta noted the RFP was in the draft stage, and
staff recommended updating the scoring system used to judge a potential hauler's
qualifications, references, and technical proposal. He explained that the decision
would likely come down to price, but staff wanted to do their due diligence to
choose a qualified provider.
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Board of County Commissioners Meeting Minutes - Final October 3, 2023
County Attorney Bill DeBraal recommended taking a formal vote on the changes
in order to preserve the record.
Vice Chairman Adams sought clarification on the ability of vendors to pick and
choose the services to bid on in the RFP. Director Mehta explained there were
four options: subscription service with or without carted yard waste, and universal
service with or without carted yard waste. He explained that vendors could
decide to decline pricing certain services, as long as they did so in writing.
Ultimately, the selection committee would provide an analysis and
recommendation for the Board to review and approve.
A motion was made by Commissioner Flescher, seconded by Vice Chairman
Adams, to approve the recommended changes to the Request for Proposal.
The motion carried by the following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher,
Commissioner Loar, and Commissioner Moss
C. Environmental Control Board
16. ADJOURNMENT
There being no further business, the Chairman adjourned the meeting at 12:00 p.m.
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Board of County Commissioners Meeting Minutes — Final October 3, 2023
ATTEST:
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Ryan L. Butler
Clerk of Circuit Court and Comptroller
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Deputy Clerk
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