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HomeMy WebLinkAbout05/21/2024 (2)Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www. indianriver. gov Q K �LORI�p' Meeting Minutes - Final Tuesday, May 21, 2024 9:00 AM Commission Chambers Board of County Commissioners Susan Adams, District 1, Chairman Joseph Flescher, District 2, Vice Chairman Joseph H. Earman, District 3 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 May 21, 2024 1. CALL TO ORDER Present: 5 - Chairman Susan Adams Vice Chairman Joseph Flescher Commissioner Joe Earman Commissioner Laura Moss Commissioner Deryl Loar 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Reverend Timothy Womack, First Presbyterian Church 3. PLEDGE OF ALLEGIANCE William YL DeBraal, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Approved as presented 5. PROCLAMATIONS and PRESENTATIONS 5.A. 24-0447 Presentation of Proclamation Marie Louise Ambrose Centennial Recognition Recommended Action: Recommend Read and Present Attachments: Proclamation Ms. Ambrose was accompanied by her son, Steven, and daughter-in-law to receive congratulations and a Happy Birthday serenade from the Board in honor of her 100th birthday. Steven Ambrose told the Board how happy and active his mother was living in Vero Beach. The Commissioners added their well wishes and congratulations in honor of Ms. Ambrose's milestone. Read and presented by Commissioner Moss 5.B. 24-0416 Presentation of Proclamation Honoring Carol Bergeron On Her Retirement From Indian River County Board of County Commissioners Office of Management and Budget Recommended Action: Recommend Read and Present Attachments: Proclamation Ms. Bergeron recounted her years of experience working for the Clerk of Court as well as the County, and received praise from her supervisor Kristin Daniels, Director Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Final May 21, 2024 of Management and Budget. Ms. Bergeron shared she will spend her summers in New England and return to Vero to continue volunteering at the Emergency Operations Center which brought her much happiness. Read and presented by Chairman Adams 5.C. 24-0414 Presentation of Proclamation Honoring James "Chip" Boyette On His Retirement From Indian River County Board of County Commissioners Public Works/Engineering Division Recommended action: Recommend Read and Present. Attachments: Proclamation [Clerk Note: Ms. Bergeron and Mr. Boyette chose to receive their Proclamations in tandem.] The Board commended Mr. Boyette on his 31 years of dedication to the County and lamented the loss of his institutional knowledge. Mr. Boyette, a native of Indian River County, shared his love for his hometown in an emotional farewell. Kirsten Leiendecker, Interim Public Works Director, praised his achievements and hard work. Mr. Boyette and Ms. Bergeron received their Proclamations and vowed to return to Indian River County to continue the volunteer work they both enjoy. Read and presented by Commissioner Earman 5.D. 24-0415 Presentation of Proclamation Designating May 18th Through May 24th As National Safe Boating Week In Indian River County Recommended Action: Read and Present Attachments: Proclamation Mark Cannon of the United States Coast Guard Auxiliary, Flotilla 5-6, a volunteer unit of the Coast Guard, appeared before the Board to accept the Proclamation and promote boating safety. He informed of the Auxiliary's monthly boating safety classes (free for teens), and courtesy vessel safety inspections. Mr. Cannon urged all boaters to wear their life jackets, carry and register a beacon device, and to have a marine radio onboard to ensure the safest outcomes. Read and presented by Vice Chairman Flescher 5.E. 24-0407 Proclamation Designating May 19-25, 2024 as National Travel and Tourism Week Recommended Action: Read & Present. Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes - Final May 21, 2024 Attachments: Proclamation Ben Earman, Vice President of Tourism and Marketing, Indian River County Chamber of Commerce, presented the Board with the latest statistics regarding increases in the number of visitors, local visitor spending, tourist tax revenue, and the positive financial impact of visitors to the County. Mr. Earman debuted the latest "Chill. Inspire." advertising campaign, which was designed and produced in-house, and presented the Commissioners with themed promotional items. Read and presented by Vice Chairman Flescher 6. APPROVAL OF MINUTES A motion was made by Vice Chairman Flescher, seconded by Commissioner Loar, to approve the Regular Meeting minutes of April 9, 2024 and April 23, 2024, as written. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss. and Commissioner Loar 6.A. 24-0443 Regular Meeting of April 09, 2024 Recommended Action: Approve Attachments: 04092024 BCC Draft Approved as written 6.B. 24-0448 Regular Meeting of April 23, 2024 Recommended Action: Approve Attachments: 04232024 BCC Draft Approved as written 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 8. CONSENT AGENDA A motion was made by Vice Chairman Flescher, seconded by Commissioner Earman, to approve the Consent Agenda as amended, pulling Item 8.G. for discussion. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss. and Commissioner Loar 8.A. 24-0417 Award of Bid No. 2024036, C.R. 512 & N. Broadway Street Drainage Restoration (IRC -2006) Recommended Action: Staff recommends the project be awarded to Southeast Services of the Treasure Coast, Inc. in the amount of $215,234.70. Staff further recommends the Board Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes - Final 8.B. 8.0 May 21, 2024 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 Approved staffs recommendation 24-0418 Amendment No. 1 to Work Order 22 with MBV Engineering, Inc., Trans -Florida Railway Trail from Fellsmere to W. of I-95 (IRC -2115) Recommended Action: Staff recommends the Board of County Commissioners approve Amendment No. 1 to Work Order No. 22 in a not -to -exceed amount total of $5,500.00 with MBV Engineering, Inc. and authorize the Chairman to execute the same. Attachments: Staff Report Amendment No. 1 to Work Order No. 22 Approved staffs recommendation 24-0424 Final Payment Including Release of Retainage for Bid No. 2022019 for Hallstrom Farmstead Parking Lot, Trail, and Restroom Construction Recommended Action: Staff respectfully requests approval of Payment Application No. 13, in the amount of $64,978.33, to JoBear, Inc., which will release any further obligations of the County from the Contractor. Attachments: Staff Report JoBear, Inc. Pay Application #13 Approved staffs recommendation 8.D. 24-0422 Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for a Section 5311 Grant Recommended Action: Staff recommends that the Board of County Commissioners approve the Public Transportation Grant Agreement and adopt the resolution authorizing the Chairman to sign the agreement. Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes - Final 8.E. Attachments: Staff Report PTGA Authorizing Resolution Grant Budget Form Approved staffs recommendation and Resolution 2024-021, authorizing the executions of a Public Transportation Grant Agreement with the Florida Department of Transportation. 24-0431 Appointments to the Economic Opportunities Council of Indian River County, Inc. May 21, 2024 Recommended action: The County Attorney recommends that the Board reappoint Teddy Floyd, Jeanette Anderson, Leonard Frankel and appoint Valia Rich to the Economic Opportunities Council of Indian River County, Inc. Attachments: Staff Report Ltr fin Angela Davis -Green to BCC. dated April 4, 2024 Approved staffs recommendation 81. 24-0438 Approval to Submit an FWC Bulk Derelict Vessel Removal Grant Application Recommended Action: Staff recommends the Board of County Commissioners authorize the Chair to sign the FWC Bulk Derelict Vessel Removal Grant Application. Attachments: Staff Report FWC Bulk DV Grant Approved staffs recommendation 8.G. 24-0439 Environmental Health Fee Increase Recommended Action: DOH -Indian River recommends the BCC accept the proposed fee increase to ensure the financial stability of future Environmental Health programs and services Attachments: Memorandum from Dept of Health Proposed EH Fees Revenue Commissioner Loar first requested input regarding the typical process for the County's involvement in Florida State agencies and their fees. Julianne Price, Department of Health (DOH) Manager, informed that Environmental Health Service fees were County -based, and varied across the State. Ms. Price noted the fees had not been increased in more than five (5) years, and analysis of surrounding Counties showed Indian River County as having some of the lowest fees. She added the stagnant fees were problematic because costs had gone up and the DOH was Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final May 21, 2024 borrowing funds from general revenue to make up the shortfall. Commissioner Loar asked County Administrator John Titkanich to confirm whether an item such as this would usually appear under Consent or under Administrator Matters. Administrator Titkanich agreed he could place similar items under his matters on the Agenda. A motion was made by Commissioner Loar, 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 Earman, Commissioner Moss, and Commissioner Loar 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. 10.A.1. 24-0436 Local Option Gas Tax Distribution Percentages Recommended Action: Staff recommends approval of the 2024/2025 revenue distribution percentages Attachments: Staff Report Code chapter 209.04 LOGT 2024 Chart Public Hearina Advertisement Sample Letter to Municipalities Acting Public Works Director Kirstin Leiendecker appeared before the Board to request approval of the revenue distribution for the six cent ($.06) Local Option Gas Tax, as required by Chapter 206 of the County Code. Ms. Leiendecker informed the tax revenue was shared among the five (5) municipalities in the County, and read aloud the formula which has been in effect for the last 37 years. The Chairman opened the public hearing. There being no speakers, the Chairman closed the public hearing. A motion was made by Commissioner Loar, seconded by Vice Chairman Flescher, to approve staffs recommendation. The motion carried by the following vote: Indian River County Florida Page 6 Board of County Commissioners Meeting Minutes - Final May 21, 2024 Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar B. PUBLIC DISCUSSION ITEMS 10.B.1. 24-0411 Request to Speak from K.Vanderbogart re: green space, planning Recommended Action: No action required Attachments: Request to Speak K. Vanderbogart Speaker not present No Action Taken or Required 10.B.2. 24-0445 Request to Speak from Dr. Miles Conway, South Beach Property Owners Association, Inc. re: Public and BCC Provision of Pertinent Search Information, Candidate Profile, and Identification of Next County Attorney Recommended Action: No Action Required Attachments: Reouest to Speak M. Conway [Clerk Note: This Item was heard following Item I LA.] Dr. Conway appeared on behalf of the South Beach Property Owner's Association (SBPOA) to provide the Board with some due diligence assistance in hiring the next County attorney, based on the collective experience of its members. Before starting his presentation, Dr. Conway received clarification on a detail regarding the County's updated organization chart. Using a slide presentation, Dr. Conway analyzed the County Attorney's proposed salary, and listed the amount of money the County spent on outside legal services since 2013. The purpose of the analysis was to provide context for a candidate the SBPOA recommended; the candidate's redacted resume was displayed. Dr. Conway explained the SBPOA felt the path to finding the best candidates was to actively recruit existing County Attorneys rather than wait for applications. He offered to share the name of their proposed candidate, and requested subsequent Board presentations to share two other recommended candidates. Chairman Adams suggested the candidates utilize the County's hiring process, rather than a public speaking agenda item, to gain the Board's consideration. Dr. Conway chose to end his presentation noting the Board and the SBPOA had fundamental differences in their approach to hiring the next County Attorney. No Action Taken or Required C. PUBLIC NOTICE ITEMS Indian River County Florida Page 7 Board of County Commissioners Meeting Minutes - Final May 21, 2024 11. COUNTY ADMINISTRATOR MATTERS 11.A. 24-0410 Information Technology Acceptable Use Policy Revision Recommended Action: Staff recommends that the Board approve the revisions to the Acceptable Use Policy (AM -1200.21) and replace the existing Acceptable Use Policy in the APM. Attachments: Staff Report AM -1200.21 - Acceptable Use Final County Administrator John Titkanich informed that Florida Statute 282.3185 required counties with a population of 75,000 or more to make their cybersecurity standards consistent with the best practices of the National Institute of Standards and Technology (NIST) Cybersecurity Framework (CSF). The County's Information Technology Department has been working toward aligning their standards with the NIST CSF, and had produced a revised Acceptable Use Policy (AM -1200.21) for the Board's approval. Commissioner Loar sought to ensure County employees would receive and acknowledge the new policy. Administrator Titkanich informed new hires would receive the policy during onboarding, and existing employees would receive the policy change via email with receipt verification. Additional discussion was had regarding employees who did not have email access and the plan to coordinate policy distribution through the relevant department heads. A motion was made by Commissioner Loar, 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 Earman, Commissioner Moss. and Commissioner Loar 12. DEPARTMENTAL MATTERS A. Community Services B. Emergency Services C. Human Resources D. Information Technology E. Natural Resources 12.E.1. 24-0437 Anchoring Limitation Area Update Recommended Action: Staff is seeking approval from the Board of County Commissioners to move Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes - Final May 21, 2024 forward with establishing ALAs for the partnering municipalities utilizing ILA Option III. Attachments: Staff Report May 7. 2024 BCC Agenda Item 12. E.1 Melissa Meisenburg, Senior Lagoon Plan Environmental Specialist, appeared before the Board to present the revised Interlocal Agreement (Option I1I) for the Anchoring Limitation Areas (ALAs) as directed by the Board at the May 7, 2024 Regular Meeting. Before starting, she informed Commissioners of a request from the City of Vero Beach (City) to table the Item until the City could review Option III. The Chairman opted to move forward with discussion.(as the information had been provided prior) Ms. Meisenburg noted Option III had merged Options I & II and listed highlights which included: assigning responsibility to the County for holding the permit with the Florida Fish and Wildlife Conservation Commission (FWC) which determined the number and placement of signs and buoys; hiring a consultant to oversee the bidding, construction and installation of the markers; assigning municipalities the responsibility of monitoring, maintaining, and enforcing the areas; and reimbursement to the County for 100% of the associated costs with consequences for non-payment. An estimated $255,000 to $329,000 in costs would be provided up front from the Florida Boating Fund with reimbursement by the municipalities. County Administrator John Titkanich added that he would support reviving the original offer to share the costs 50/50 with the municipalities, as the effort was part of the Lagoon Management Plan. Commissioner Loar added his support of the cost-sharing suggestion and noted the funds were derived from boat registration fees. Administrator Titkanich pointed out that a survey would be required by the permitting agencies, and addressed the City of Sebastian's concern regarding maintenance. Discussion was had regarding the benefits of splitting the responsibilities as outlined in Option III. The Board revisited the suggestion to change the language from "45 consecutive days" to "45 cumulative days" time limit. Administrator Titkanich informed the language was built into the statute, so it would have to be adhered to while the County lobbied for change. A motion was made by Commissioner Moss, seconded by Commissioner Loar, to approve staffs recommendation for Option III, with the addition of an offer from the County to split the costs 50/50 with participating municipalities. The motion carried by the following vote: Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes - Final May 21, 2024 Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar F. Office of Management and Budget G. Parks, Recreation, and Conservation H. Planning and Development Services 12.H.1. 24-0423 Waiver of Development Application and Inspection Fees for Affordable Housing Projects Recommended Action: Staff recommends that the Board of County Commissioners grant the authority for the Planning and Development Services Director and Public Works Director to waive their respective development application and/or inspection fees for affordable housing projects, and adopt the associated fee resolution. Attachments: Staff Report Fee Resolution Planning and Development Services Director Andy Sobczak presented the Board with a plan to modify the County's Planning and Development Services (PDS) fee schedule to allow waiver of development application and/or inspection fees for affordable housing projects. Mr. Sobczak discussed the need to motivate builders to create affordable housing, which according to statute would cost $250,000 in Indian River County. He also provided in-depth description of the fees involved and other incentives already in place for affordable housing projects. Chairman Adams thanked staff for bringing this forward and mentioned the work of the County's Affordable Housing Advisory Committee (AHAC). A motion was made by Commissioner Loar, seconded by Chairman Adams, to approve staffs recommendation and Resolution 2024-022, establishing revised development review fee schedules for Planning and Public Works for affordable housing projects. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar I. Public Works 3. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. 24-0133 Service Agreement with Southeast Florida Behavioral Health Network for Administration of Opioid Class Action Lawsuit Settlement Fund Allocation Indian River County Florida Page 10 Board of County Commissioners Meeting Minutes - Final May 21, 2024 Recommended Action: The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the Service Agreement with Southeast Florida Behavioral Health Network and authorize the Chairman to execute the Agreement on behalf of the Board. Attachments: Staff Report SEFBHN Service Agreement County Attorney Bill DeBraal informed the Board that Indian River County's size (under 300,000 residents) required partnering with a third party, approved by the Florida Department of Children and Family Services, to receive and distribute Opioid settlement funds. Staff recommended contracting with the Southeast Florida Behavioral Health Network (Southeast) to distribute funds totaling $1,841,140 for fiscal year 2023-24. Coordinated Opioid Recovery (CORE) services would receive $825,000 with the balance going to organizations previously approved by the Board on a reimbursement basis. Attorney DeBraal noted the funds can "roll over" to the next fiscal year. Commissioner Loar added that Southeast would be dealing with the selected agencies directly, managing the disbursement and handling the record-keeping. A motion was made by Vice Chairman Flescher, seconded by Commissioner Loar, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 13.B. 24-0449 Approval of License to Occupy and Improve County Property located at 1235, 1239 and 1247 16th Street Recommended Action: The County Attorney's Office recommends that the Board approve the License to Occupy and Improve County Property as to each property owner and authorize the Chairman to execute each license on behalf of the Board. Attachments: Staff Report Aerial Photo Example of License County Attorney Bill DeBraal referenced a map of the area in question on 16th Street and Old Dixie Highway. He recounted the strip of land had been dedicated to the County by the Florida Department of Transportation in 1982, and had been used for parking by three adjacent businesses since then. A license agreement had been in place for one of the business owners to maintain the strip in exchange for usage; the agreement expired in 2012. At the request of business owner Ocean Research and Indian River County Florida Page 11 Board of County Commissioners Meeting Minutes - Final May 21, 2024 Conservation Association, Inc., whose lender required a license agreement, a new one was drawn up under the same conditions for maintenance in exchange for usage by the three businesses which abutted the lot. Chairman Adams clarified that this agreement was codifying a use that had been ongoing for more than 40 years. A motion was made by Commissioner Earman, seconded by Commissioner Moss, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Joseph H. Earman D. Commissioner Deryl Loar E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 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. 15.6.1. 24-0440 Approval of S WDD Special Call Meeting Minutes of March 20, 2024 Recommended Action: Approve Attachments: SWDD Special Call Meeting Minutes 03.20.2024 A motion was made by Vice Chairman Flescher, seconded by Commissioner Earman, to approve minutes of the Solid Waste Disposal District Special Call Meeting of March 20, 2024 as written. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 15.6.2. 24-0421 Final Pay to Geosyntec for Work Order No. 2 - Groundwater Indian River County Florida Page 12 Board of County Commissioners Meeting Minutes - Final May 21, 2024 Monitoring/Reporting and RAPM No. 4 Pre -Injection Investigation and Design at the South Gifford Road Landfill Recommended Action: Solid Waste Disposal District staff recommends that its Board approve Geosyntec's final invoice amount of $862.50. Attachments: Staff Report Project Completion Report & Final Invoice There was no discussion regarding this Item. A motion was made by Vice Chairman Flescher, seconded by Commissioner Loar, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 15.B.3. 24-0427 Renewal No. 4 with Tiger Inc for Sale and Purchase of Natural Gas Recommended Action: Staff recommends approval from the Solid Waste Disposal District Board to approve the Transaction Confirmation #4 with Tiger, Inc. for Sale and Purchase of Natural Gas, and authorize the Chairman to sign the necessary documents to effectuate the approval. Attachments: Staff Report Transaction Confirmation #4 with Tiger, Inc There was no discussion regarding this item. A motion was made by Vice Chairman Flescher, seconded by Chairman Adams, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 15.B.4. 24-0433 Final Pay to Geosyntec for Work Order WO No. 3 - Title V Air Operation Permit Revision Application Recommended Action: Solid Waste Disposal District staff recommends that its Board approve Geosyntec's final invoice amount of $1,914.35. Attachments: Staff Report Project Completion Report & Final Invoice There was no discussion regarding this item. A motion was made by Vice Chairman Flescher, seconded by Chairman Adams, to approve staffs recommendation. The motion carried by the Indian River County Florida Page 13 Board of County Commissioners Meeting Minutes - Final following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar May 21, 2024 The Chairman called for a recess at 10:50 a.m., and reconvened the meeting at 11:00 a.m. with all members present. k15.B. 24-0434 Recommendation for Franchise Award for Solid Waste and Recyclables Collection 5. Services (RFP#2024020) Recommended Action: Upon public input and SWDD Board discussion, SWDD staff recommends the Board consider and approve the following: 1. SWDD staff recommends Universal Collection for Unincorporated Indian River County with multi -family collection remaining as commercial collection services. Board Decision: Subscription Service or Universal Collection?; and; 2. SWDD staff recommends the award of the Solid Waste and Recycling Collection Franchise to Waste Management, Inc. of Florida as the proposer ranked in the top two and that has subsequently submitted the lowest best and final offer for RFP#2024020.; and; 3. Authorize staff to finalize the sample agreement, negotiate as necessary for both legal and technical sufficiency, and to return with a final agreement for SWDD Board approval at a future meeting. Attachments: Staff Report Solid Waste Disposal District (SWDD) Director Himanshu Mehta began his presentation with a recap of the events leading to staffs recommendation for franchise award of the County's solid waste and recyclables collection service. Previously, the SWDD Board voted in favor of carted yard waste, and directed staff to obtain a Best and Final Offer (BAFO) for universal and subscription services from the top two ranked vendors: FCC Environmental Services of Florida, Inc. (FCC), and Waste Management, Inc. of Florida (WM). Before presenting the final offers, Director Mehta reviewed results of an audit of recycling cart use. The results showed a large percentage of non -subscribers using their recycling carts for garbage versus few households in universal service municipalities doing the same. He detailed the County's commitment to recycling and discussed reasons for supporting it. The presentation next detailed the procurement process and then the BAFO process and evaluation criteria for subscription and universal services (Options 3 & 4). Summarizing the bids, Director Mehta noted FCC predominantly lowered their price on commercial services and WM lowered their price on residential services, which resulted in a re -ranking of the vendors. Current residential subscription service with Indian River County Florida Page 14 Board of County Commissioners Meeting Minutes - Final May 21, 2024 recycling was $14.10 per month. The final bids for residential subscription service with carted yard waste were $25.36 (FCC) and $18.65 (WM); final bids for residential universal service with carted yard waste was $22.84 (FCC) and $18.60 (WM). Multifamily complexes would remain on commercial service as the cost for universal service was prohibitively high. Staff s analysis of the options and final bids led to the recommendation of Option 4, universal service with carted yard waste. Rationale included annual costs savings, uniform service, cleaner recycling, and less illegal dumping and burning of garbage. Director Mehta made mention of exploring the use of existing County assistance programs to provide financial aid for those who needed it. Under discussion, the Board stated their support for staffs recommendation for reasons including: less contaminated recycling, better lagoon health, improved pricing, planning for the County's growth, and fewer code enforcement calls. Commissioner Moss was the lone dissenter, stating she would rather keep subscription service in light of constituents' financial hardship concerns. Commissioners received confirmation that municipalities could piggy -back onto the County's rates for all or some of the services offered. The following people spoke on the Item: Rob Canciamille, FCC, enumerated the reasons why he felt the RFP process had been violated. He requested the Board table their vote and either re -start the RFP process or open the BAFO process to all firms who submitted bids. Julianne Price, Health Department Manager, commented that universal service could reduce dumping and sanitary nuisances, saving her department time and resources. Bill Rigby, County resident, received information regarding future price increases and the relevance of the Commerce Clause. He was in favor of revisiting the RFP to be more inclusive of other vendors. Myra Ferguson, Gifford Economic Development Council, explained her rationale for requesting revisiting the RFP bidding process and questioned if Waste Management was a monopoly. A motion was made by Commissioner Loar, seconded by Vice Chairman Flescher, to approve the first part of staffs recommendation, the implementation of Universal Collection for Unincorporated Indian River County with multi -family collection remaining as commercial collection services. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, and Commissioner Loar Indian River County Florida Page 15 Board of County Commissioners Meeting Minutes - Final May 21, 2024 Nay: 1 - Commissioner Moss Director Mehta then requested a vote on the rest of staffs recommendations. A motion was made by Commissioner Loar, seconded by Vice Chairman Flescher, to approve staffs recommendations to award the Solid Waste and Recycling Collection Franchise to Waste Management, Inc. of Florida, and to authorize staff to finalize the sample agreement, and return with a final agreement for SWDD Board approval. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 15.6.6. 24-0435 Work Order No. 6 to Geosyntec for One Year of Groundwater Monitoring/Reporting at the Former South Gifford Road Landfill Recommended Action: Solid Waste Disposal District staff recommends that its Board approve and authorize the Chairman to sign the attached Work Order No. 6 authorizing Geosyntec to provide groundwater monitoring/reporting and related consulting services for the Former Gifford Road Landfill in compliance with FDEP requirements for a period of one year not to exceed fee of $88,617.86. So long as there are no changes in the dollar amount under the work order, upon adequate completion of the work set forth in the work order, staff is directed to make final payment, after review and approval by the Purchasing Manager and the County Attorney's Office. Attachments: Staff Report Geosyntec Work Order No 6 [Clerk Note: This Item was heard following Item 15.B. 4.] There was no discussion regarding this Item. A motion was made by Vice Chairman Flescher, seconded by Chairman Adams, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar C. Environmental Control Board 16. ADJOURNMENT There being no further business, the Chairman adjourned the meeting at 11:19 a.m. Indian River County Florida Page 16 Board of County Commissioners Meeting Minutes — Final May 21, 2024 ATTEST: Ryan L. Butler Clerk of Circuit Court and Comptroller By: Deputy Clerk BCC/RW/2024 Minutes Approved: July 2, 2024 - Indian River County Florida Page 17