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HomeMy WebLinkAbout9/28/1993� r � MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, SEPTEMBER 28, 1993 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Richard N. Bird, Chairman (Dist. 5) John W. Tippin, Vice Chairman ( Dist. 4) Fran B. Adams ( Dist. 1) Carolyn K. Eggert ( Dist. 2 ) Kenneth R. Macht (Dist. 3) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9:-00 A. M. 1. CALL TO ORDER 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Comm. Fran B. Adams 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS 5. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES Regular Meeting of September 7, 1993 7. CONSENT AGENDA A. Contract Administration Seminar - ( memorandum dated September 21, 1993 ) B. • Release of Utility Liens ( memorandum dated September 17, 1993 ) C. Agreement for Provision of Required Improvement ( Left Turn Lane for CGN Subdivision) ( memorandum dated September 16, 1993 ) D. Award Bid #4011 / Ready Mix Concrete ( memorandum dated September 16, 1993 ) E. Award Bid #3124 / Carpeting for Mair Library ( memorandum dated September 14, 1993 ) F. Award Bid #4012 / Traffic Signal Equipment ( memorandum dated September 17, 1993 ) SEP 2 81993 BOOK 0 [A F �:� SEP 28 1993 -7 BOOK goF.,UF 637 7. CONSENT AGENDA (cont'd. ): G. Indian River County Courthouse Project Threshold Inspection and Materials Testing Service ( memorandum dated September 20, 1993 ) H. Fleet Management - Budget Amendment 025 ( memorandum dated September 22, 1993 ) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a.m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS The Masters Group, Inc., and Breakwaters International, Inc. Request to Speak Re: The Reef System Beach Renourishment Project (letter dated Sept. 22, 1993) B. PUBLIC HEARINGS None 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY SERVICES 1. Approval of FY -93/94 Hazardous Materials Emergency Planning Agreement ( memorandum dated September 17, 1993 ) 2. Approval of FY 93/94 Radiological Emergency Preparedness Agreement (FPEL Grant) ( memorandum dated August 18, 1993) C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None 11. DEPARTMENTAL MATTERS (cont'd. ): F. PERSONNEL Property Insurance Renewal 1993-94 ( memorandum dated September 21, 1993 ) G. PUBLIC WORKS 1. Amendment to FB I P Grant Agreement - Round Island Park Improvements ( memorandum dated September 21, 1993 ) 2. American Coastal Engineering, Inc. Contract (contract being negotiated - backup will be provided separately) H. UTILITIES 1. Third Amendment to Agreement Between Indian River County, St. Johns River Water Manage- ment District, and University of Florida to Perform Study on Use of Reclaimed Water on County Utility Citrus Groves ( memorandum dated September 17, 1993 ) 2. West Regional Wastewater Treatment Plant Wetlands Site Plan & Stormwater Permitting ( memorandum dated September 20, 1993 ) 3. Engineering Selection for Design and Con- struction Inspection of Various Water Mains and Subdivision Distribution Systems and/or Wastewater Collection or Trans- mission Systems Throughout Indian River County, Including Assessments Related to the Projects ( memorandum dated September 17, 1993) 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. CHAIRMAN RICHARD N. BIRD B. VICE CHAIRMAN JOHN W. TIPPIN C. COMMISSIONER FRAN B. ADAMS BOOK 90 F,nuC 638 SEP 281993 13. COMMISSIONERS ITEMS (cont'd. ): D. COMMISSIONER CAROLYN K. EGGERT E. COMMISSIONER KENNETH R. MACHT 14. SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT None B. SOLID WASTE DISPOSAL DISTRICT 1. Interlocal Agreements ( memorandum dated September 14, 1993 ) 2. Land Clearing Disposal Fees ( memorandum dated September 15, 1993 ) 3. Recycling 8 Education Grant, No. RE93-29 ( memorandum dated September 20, 1993 ) 15. ADJOURNMENT BOOK 90 F',4c' 6=39 ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF MEETING. Tuesday, September 28, 1993 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, September 28, 1993, at 9:00 a.m. Present were Richard N. Bird, Chairman; John W. Tippin, Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and Kenneth R. Macht. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia Held, Deputy Clerk. The Chairman called the meeting to order. Commissioner Fran Adams led the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of September 7, 1993. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board approved the Minutes of the Regular Meeting of September 7, 1993, as written. CONSENT AGENDA Commissioner Eggert requested that Item E be removed for discussion.. A. Contract Administration Seminar The Board reviewed memo from Commissioner Ken Macht dated September 21, 1993: SSP 281993 boaK TO: FROM: DATE: RE: Board of County Commission Commissioner Kenneth R. Macht September 21, 1993 Contract Administration Seminar BOOK 90 PAGF 641 I am requesting approval of out of county travel for me to attend one of the meetings in the FAU Institute of Government's Workshop Series for Local Officials. The meeting will be held on October 22, 1993 in West Palm Beach and will deal with contract administration. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved out -of -county travel for Commissioner Macht to attend the seminar on contract administration on October 22, 1993, in West Palm Beach. B. Release of Utility Liens The Board reviewed memo from Lea R. Keller, CLA, dated September 17, 1993: TO: BOARD OF COUNTY COMMISSIONERS FROM: `Leh R. Keller, CLA County Attorney's 's Office DATE: September 17, 1993 RE: RELEASE OF UTILITY LIENS The attached lien releases are in proper form for the Board of County Commissioners to authorize the Chairman to sign so that they can be recorded. The names and projects are: 1. Satisfactions of Impact Fee Extensions: DENMAN DUNN FERRETTI FITZPATRICK GRELLA KIRKLAND PHILLIPS RODGERS TROCKE TRUMBLE 2 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved the lien releases as prepared by staff. SAID RELEASES ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY C. Agreement for Provision of Required Improvement The Board reviewed memo from Deputy County Attorney William G. Collins II dated September 16, 1993: TO: The Board of County Commissioners FROM: vstj William G. Collins II - Deputy County Attorney DATE: September 16, 1993 SUBJECT: Agreement for Provision of Required Improvement (Left -Turn Lane for CGN Subdivision) As a part of the plat approval process for the CGN Subdivision located north of 37th Street, on either side of 12th Court, the developer was required to provide a left -turn lane off 37th Street onto 12th Court at such time as traffic volumes warranted. The developer and the County entered into an agreement dated June 5, 1990 whereby the developer agreed to post security to guarantee performance. This agreement was modified by the parties on August 6, 1991 because the parties suspected the traffic patterns would be altered when 37th Street was connected to Indian River Boulevard northerly extension and they wanted to determine the impacts of that connection. Since that time there has been considerable discussion between the developer and the Public Works Department as to the most efficient way to construct the improvements. The County is projecting the 3-laning of 37th Street within the next 18 months, and rather than have a left -turn lane constructed which would be torn up during the reconstruction of 37th Street, the developer wishes to "pay off" their obligation to the County, by cash payment of $58,250 which money would be utilized to provide the left -turn lane at 37th Street and 12th Court at the time 37th Street is widened. RECOMMENDATION: Approve the "Agreement for the Provision of Required Improvement" at CGN Subdivision (SD -89-03-002) and authorize the Chairman's signature. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved Agreement for the Provision of Required Improvement with CGN Subdivision, as recommended by staff. SAID AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 3 Fp 1��� BOOK 9® F'Ai;r 642 UP iia 8 1993 9n Boor 90 F-Acr 643 -7 D. Award Bid #4011 - Ready Mix Concrete The Board reviewed memo from Purchasing Manager Fran Boynton Powell dated September 16, 1993: DATE: September 16, 1995 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Service FROM: Fran Boynton Powell, Purchasing Manager e*1 SUBJ: Award Bid #4011/Ready Mix Concrete County Wide Annual Contracts BACKGROUND INFORMATION: Bid Opening Date: September 1, 1993 Advertising Dates: August 18, 25, 1993 Specifications Mailed to: Fourteen (14) Replies: Two (2) BID TABULATION COST PER CUBIC YARD Min Load 2500 psi 3000psi 4000psi Charge Rinker Materials $44.50 $46.25 $49.75 -0- Vero Beach, F1 Russell Concrete $43.50 $44.50 $47.50 $10.00 Vero Beach, F1 per yd. Staff recommends the following: 1. Award the bid to Rinker Materials as the overall lowest most responsive and responsible bidder meeting specifications. Information provided by Road and Bridge indicates that 73$ of all deliveries made last year fell below the minimum load amount. Rinker's Materials does not have an additional charge per yard. 2. Establish an Open End Contract with Rinker Materials. Last year's expenditures totaled $53,205.00. 3. Authorize the Purchasing Manager to renew this contract subject to satisfactory performance, zero cost increase, vendor acceptance, and the determination that renewal is in the best interest of the County. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously awarded Bid #4011 to Rinker Materials for Ready Mix Concrete as set out in staff's recommendation. 4 E. Award Bid #3124 - Carpeting for Main Library The Board reviewed memo from Purchasing Manager Fran Boynton Powell dated September 14, 1993: DATE: September 14, 1993 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Admi •strator .H.T. "Sonny" Dean, Directo General Services FROM: Fran Boynton Powell, Purchasing Manager SUBJ: Award Bid #3124/Carpeting for Main Library Buildings and Grounds BACKGROUND INFORMATION: Bid Opening Date: Advertising Dates: Specifications Mailed to: Replies: Indian River Tile and Carpet Interior Cont. services Sherwin Williams Capital Carpet Care ITEM #1 September 3, 1993 August 11, 18, 1993 Ten (10) Vendors Four (4) Vendors ITEM #2 ITEM #3 Area 1 Type 1 Area 1 Type 2 Area 2 Type 2 $26,101.00 $20,665.00 $6,239.93 $30,739.00 * $24x609.00 *$5,952.00 $35,644.00 $27,868.00 $6,993.25 $42,558.66 $33,494.71 $7,688.19 F Area 1 is the first floor of the Main Library including the staircase and landing. Area 2 is the main meeting room. Type 1: Collins & Aikman Mfg carpet called Monet -SL Type 2: Collins & Aikman Mfg carpet called Sentinel * - Asterisk indicates recommended award. ANALYSIS ALTERNATIVE NO. 1 - Award Item 1 and Item 3 for a total of $36,691.00 to Interior Contracting Services. This will require. a budget ammendment of $2,941.00 from contingencies. ALTERNATIVE NO. 2 - Award Item 2 and Item 3 for a total of $30,561.00 to Interior Contracting Services. This award is the only carpet under budget and no ammendment is necessary. 5 BOOK 90 644 RFP 2 8 1993 COMMENDATION BOOK 90 F,kGF 6 45 The apparent low bidder, Indian River Carpet and Tile was disqualified because their bid did not include removal of the existing carpeting as specified in the bid. Staff recommends accepting Alternative No. 2 and awarding the bid to Interior Contracting Service as the lowest, most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. (See attached Department recommendation). TOTAL AMOUNT OF BID: $30,561.00 ESTIMATED BUDGET $33,750.00 SOURCE OF FUNDS Bldg Opr-County Buildings Carpeting 001-220-519-041.22 Commissioner Eggert explained that the carpeting in the main library became a problem early on and now needs replacement. When replacement of the carpeting was first discussed, the plan was to replace only the worn sections in the main areas of the first and second floor, and the guesstimated cost was $33,000. A valiant effort was made to keep the cost within that amount and to match the color. The decision was made to utilize the extra carpeting that was in storage plus the good sections of the first floor carpeting to replace the worn sections on the second floor, and to replace the carpeting in the main room and the multipurpose room on the first floor with new carpeting. Commissioner Eggert displayed samples and indicated the heavier grade which is a close color match to the carpeting currently in the library. This same type of carpeting will be installed in the courthouse. It has a backing that does not allow dirt to pass through, which will eliminate staining from below, and the heavier grade will provide longer wear. Commissioner Eggert recommended the better grade of carpet be placed in both rooms, which will require additional funds of approximately $4,546.91, for a total cost of $38,296.91. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved additional funds in the amount of $4,547 for carpet replacement in the Main Library as recommended by Commissioner Eggert, for a total cost of $38,297. SAID CONTRACT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD F. Award Bid #4012 - Traffic Signal Equipment The Board reviewed memo from Purchasing Manager Fran Boynton Powell dated September 17, 1993: September 17, 1993 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Direc General Services FROM: Fran Boynton Powell, Purchasing Managerle SUBJ: Award Bid #4012/Traffic Signal Equipment Traffic Engineering BACKGROUND INFORMATION: Bid Opening Date: Advertising Dates: Specifications Mailed to: Replies: BID TAB Control Specialists Orlando, FL Econolite Control Jacksonville, FL Indicator Controls Altamonte Springs, FL TW Comcorp Orlando, FL Traffic Control Componet Haines City, FL Traffic Parts Inc Sebring, FL September 2, 1993 August 19, 26, 1993 Sixteen (16) Vendors Six (6) Vendors LUMP SUM PRICE SEE ATTACHED BID TABULATION Staff recommends that this bid be awarded on an item by item "low bid" meeting specifications. 1. Award this bid as follows: Items Vendor 9, 22, 28, 32 Control Specialists Co 17 Econolite Control Product 1-8, 10-14 TW Comcorp Co 15, 16, 18, 19, 20 Traffic Parts Inc 21, and 23 2. Establish an Open End Contract with all vendors listed above. Last year's expenditure totaled $47,700.00. 3. Authorize the Purchasing Manager to renew these contracts subject to satisfactory performance, zero cost increase, vendor acceptance, and the determination that renewal is -in the best interest of the County. W L7P 1993 BOOK 9Q 646 BOOK ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously awarded Bid #4012 for Traffic Signal Equipment on an item - by -item low bid meeting specifications as set out in staff's memorandum. 90 F k -F. 47-1 G. Indian River County Courthouse Project Threshold Inspection and Materials Testing Service The Board reviewed memo from General Services Director Sonny Dean dated September 20, 1993: DATE: SEPTEMBER 20, 1993 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTO DEPARTMENT OF GENERAL SERVICE SUBJECT: INDIAN RIVER COUNTY COURTHOUSE PROJECT THRESHOLD INSPECTION AND MATERIALS TESTING SERVICES BACKGROUND: In October 1992, the Board approved an amendment to the contract with Centex Rooney, our construction management firm, to provide Threshold Inspection and Materials Testing Services for the subject project. Rooney subcontracted this work with a certified firm and passed the cost straight through to the County without any additional mark up. The estimated cost for these services was authorized not to exceed $70,000. ANALYSIS: As of this date, the contractor, James A. Cummings is approximately 44 days behind schedule. This delay has necessitated the Threshold Inspector to go beyond his original estimated hours to perform the work as required by State Law. The increase in hours has caused the cost to escalate by $7,500. The original contract cost to cover materials testing was based on the number of yards of concrete and the estimated number of pours to install that material. The contractor is entitled to use his own "ways and means" and the number of pours was different than estimated. This caused an increase in cost by $17,500. RECOMMENDATIONS: Staff recommends the Board approve payment of $25,000 for additional services to Centex Rooney based on the original contract and unit cost. 8 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved Amendment #2 to the Contract with Centex Rooney in the amount of $25,000 for additional Threshold Inspection and Materials Testing Services -on the Courthouse Project, as recommended by staff. AMENDMENT #2 TO AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD H. Fleet Management - Budget Amendment 025 The Board reviewed memo from OMB Director Joe Baird dated September 22, 1993: TO: Members of the Board of County Commissioners DATE: September 22, 1993 SUBJECT: FLEET MANAGEMENT - BUDGET AMENDMENT 025 CONSENT AGENDA FROM: Joseph A. Baird OMB Director 9 DESCRIPTION AND CONDITIONS Our Fleet Management department will close the fiscal year in a deficit position. Money needs to be transferred to alleviate this problem. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment 025. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved Budget Amendment 025: 9 Bom 90 Fm;F 64.8 pr - 2s 1993 TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director BOOK 90 FAGF 649 -7 BUDGET AMENDMENT: 025 DATE: September 22, 1993 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. EXPENSE GENERAL FUND Reserve for Contingency 001-199-581-099.91 $0 $50,000 Funds Transfer Out 001-199-581-099.21 $50,000 $0 EXPENSE TRANSPORTATION FUND/Road & Bridge Insurance 111-214-541-03459 $0 $40,000 Funds Transfer Out 111-199-581-099.21 $60,000 $0 Paving Markers 111-214-541-035.31 $0 $20,000 REVENUE FLEET MANAGEMENT Funds Transfers In 501-000-381-020.00 $110,000 $0 Auto. Maintenance 501-000-395-010.00 $0 $110,000 THE MASTERS GROUP, INC._, AND BREAKWATER INTERNATIONAL. INC. REQUEST TO SPEAR REGARDING THE REEF SYSTEM BEACH RENOURISHMENT PROJECT The Board reviewed the following letter from The Masters Group, Inc., dated September 22, 1993: 10 sP-22-93 WED 7:16 MASTERS GPOUP INC. 4696615 P.01 THE GROUP STERS 1993 N GENERAL MARINE & HEAVY CONSTRUCTION CO C047528 Date: 9/22/93: c°MMrsz - UN c `y F A x T R A N 9 Y I S S I O R; TO: Board of County Commissioners Indian River County' 407-770-5095 FROM: *Bobbie Sandelli President 'RE: We are requesting that The Masters Group, Inc., and Breakwaters International, Inc., be placed on the Agenda for the Board meeting of September 28th to discuss the decision of September 21st to negotiate f contract with a single vendor for the reef system beach renourishment project. -We -further feel that no contract should be entered into until we appear at that meeting. 11 i BOOK 9Q PAG;. 6'.� LEP 281993 FF"�F P 2 8 1993 BOOK 90 FAcF 651 Chairman Bird admitted that he was surprised to see this matter on the agenda because he thought it was handled the previous week when the Board decided the Masters Group should make their presentation to the Beach & Shore Preservation Advisory Committee (BSPAC) and work through our committee system as we normally do. County Administrator Jim Chandler acknowledged that the decision was made, but he explained that in the normal course of events, when a request is received from someone to be placed on the agenda, staff is required to place it on the agenda and allow the Board to decide whether to hear the item or not. There was a second consideration in this situation. The Board's direction was for the Masters Group to make their presentation to the BSPAC but that committee would not meet before today's Board meeting. The Board also directed staff to prepare a contract with American Coastal Engineering for formal consideration at today's meeting. With that combination of factors, staff decided to place the item on the agenda and allow the Board to make the decision. Chairman Bird understood the circumstances but pointed out that we use our committee system effectively. The parallel situation could be drawn in many cases where we award bids or contracts and then someone comes along claiming to have a better product. Chairman Bird wanted to avoid circumventing our committees. County Attorney Charles Vitunac explained that Commissioner Adams inferred that the group is here on a procedural question and that the technical portions will be discussed with the BSPAC. Commissioner Adams explained that after last week's meeting, Ms. Sandelli indicated she wanted to appear before the Board to discuss the decision to award a contract to American Coastal Engineering for an artificial reef. Ms. Sandelli's request to appear before the Beach and Shore Preservation Advisory Committee was communicated by FAX on Friday, which meant she could not be heard by that committee before today's Board meeting. Commissioner Adams further advised that the BSPAC's October agenda left no room for Ms. Sandelli but she could be included on the November agenda. Chairman Bird recognized the representative of the Master's Group. Alfred Sandelli, vice president and construction manager for the Masters Group, Inc., appeared before the Board. He related his experience as a licensed general contractor in the state of Florida working for municipalities throughout the Treasure Coast area. He clarified that he did not represent Breakwaters International, Inc., but for the past 3 years he has studied their system and looks forward to working with them. Mr. Sandelli refuted 12 accusations that they were dropping bombs on the PEP reef project. The announcement of the PEP reef project was a surprise to the Masters Group and they were not able to get on the Board's agenda last week to make their presentation on reef systems. Furthermore, he saw no clear indication on last week's agenda that a contract was to be awarded at today's meeting. He stated that the BSPAC had knowledge of Breakwaters International's system as far back as July of this year. Mr. Sandelli reported that at the statewide meeting on Beaches and Shores at Amelia Island, he personally contacted Indian River County's committee members regarding Breakwaters International's projects. He thought the proprietary PEP reef system is similar in appearance to Breakwaters' system but that Breakwaters' system has advantages which he will present to the BSPAC. Mr. Sandelli listed projects in New Jersey where he believed the sea conditions are more severe and where Breakwaters' system serves very well. With that information, he felt that Breakwaters' system should be considered for the County's project on a competitive bid basis. He thought that the chances of getting public funding on a sole source or a proprietary reef system were limited. He further thought that some of the presentations to the Board and BSPAC detracted from Breakwaters' good points and included negative and misleading information. He thought that the County's engineers and other engineering firms should procure funding permits and write specifications for a project like this reef and then go out for bids. He stressed that the Commissioners have a duty to see that the community gets the most for its money, and he believed that the competitive process could provide the opportunity to get a quality system by Breakwaters. He assured the Board that the Masters Group is not trying to derail the project but rather to put the project on the right track for successful completion. Commissioner Eggert clarified that since November 1992 the Board has conducted workshops and held joint meetings with the City Council of Vero Beach, and one of the topics discussed was the use of tourist tax funds to preserve the beach and shore. These discussions were reported in the newspaper, so there has been plenty of public notice about this project. Chairman Bird asked whether the Masters Group, Inc., has installed reefs based on competitive bids. Tamara..Garafa, customer relations manager at Breakwaters International, responded that their technology is new and has been installed under contracts with private property owners. In one instance, Mr. Crater, president of Breakwaters International, subsidized an installation to demonstrate the system. Currently 13 BOOK 90 PnF.6519-1 BOOK 90 rnu 653 Breakwaters International is involved in a pilot reef project on Long Island Sound based on a direct contract with the Township of Avalon, New Jersey. She predicted that as public projects become more common, the competitive process will be best. ' Ms. Garafa quoted an article from the Vero Beach Press Journal which credited Commissioner Adams with the statement that the County could not accept competitive bids because there is only one patented PEP reef. Ms. Garafa argued that submerged artificial reefs have been in existence for centuries, and Breakwaters has a system comparable to the PEP reef. Ms. Garafa offered to give more details on the comparable and differing features of the two systems. She assured the Board that her company could do the permitting work at a lower cost and in less time. She detailed their past performance and asked if the Board would allow Breakwaters' project engineer, Mr. Christopher Schmidt, to speak on the technology. Chairman Bird preferred to limit the discussion to procedure and leave the technical aspects to the BSPAC. Commissioner Adams advised that the BSPAC prefers to hire a company with knowledge and experience in Florida permitting and mitigation. She assured Ms. Garafa that we have not gone into this project blind; we have worked with engineers and state and federal agencies. Commissioner Adams resented the way the project continually is picked apart. She preferred that Breakwaters International appear before the BSPAC. Commissioner Adams asked whether Breakwaters International is licensed to bid in Florida, and Ms. Garafa responded that they currently are not but have made application and can start projects. Commissioner Adams preferred to do business with companies with a local track record because we have a lot at stake. If Breakwaters International has a good product, BSPAC will be happy to listen to their presentation. The County has made a decision on the PEP reef project. Commissioner Macht also favored doing business with a company which is knowledgeable about permitting in Florida and experienced in this field. He reminded Ms. Garafa that the subject contract is for a portion of the ultimate extension of the reef. It will be 2 or 3 years before we can make a definitive judgment about whether the system is going to work and to what degree. It would not be in the best interests of the taxpayers to experiment with another system. Commissioner Eggert agreed, and felt that Breakwaters International should make their presentation to BSPAC for possible future reef construction. 14 Chairman Bird encouraged Breakwaters International to make their presentation to BSPAC and to stay in close contact with our plans. Ms. Garafa understood the reasons for dealing with a home- based company but reminded the Board that this reef system is of interest to people all over the world. APPROVAL OF FISCAL YEAR 1993-94 HAZARDOUS MATERIALS EMERGENCY PLANNING AGREEMENT The Board reviewed memo from Emergency Management Coordinator John King dated September 17, 1993: TO: James Chandler ' County AdmiLnist THROUGH: Doug Wright, Director Department of Emergency Services .L FROM: John King, Emergency Management Coordinator Department of Emergency Services DATE: September 17, 1993 SUBJECT: APPROVAL OF. FY -93/94 HAZARDOUS MATERIALS EMERGENCY PLANNING AGREEMENT It is respectfully requested that the information contained herein be given formal consideration by the Board of County 'Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: On October 17, 1986, the Superfund Amendments and Re -authorization Act of 1986 (SARA) was enacted into law. Title III of the SARA legislation established requirements for federal, state, and local governments as well as industry regarding emergency planning and reporting on hazardous/toxic chemicals. Subsequently, Indian River County developed a Hazardous Materials Emergency Plan which was endorsed by the Department of Community Affairs and then approved as Resolution 89-28 by the Board of County Commissioners. Recognizing the threat that hazardous materials pose to both the population and the environment, the State Legislature has extended grant funds to update Indian River County's Hazardous Materials Emergency Plan. The Department of Community Affairs, Division of Emergency Management, is authorized to appropriate funds in the amount of $12,970.00 for maintenance of existing sites and inclusion of facilities that have not reported previously. This is a fixed fee, performance-based contract with payment contingent upon a schedule of deliverables. ALTERNATIVES AND ANALYSIS: The Hazardous Materials Emergency Plan includes site-specific information on each known facility that contains threshold levels of chemicals identified in the legislation. Each site must be visited by staff for completion and determination of an analysis 15 LSEP 281993 BOOK 90 F�,vu,r 654 BOOK 90 FA,,.655 related to hazards and vulnerability including information that could adversely affect the surrounding area or an emergency responder at the respective site. Evacuation routes must be determined as well as calculations related to the extent of plume exposures that could exist should a spill or release occur based on known substances at the site. Once completed, the Hazardous Materials Emergency Plan will be distributed to the various emergency responders in the County. Staff recognizes that this is a very useful and important document to emergency response personnel in that some knowledge of the chemicals at a site will be available prior to arriving at the known location. RECOMMMATION: Staff recommends approval of the FY -93/94 Hazardous Materials Emergency Planning Agreement and requests the Board of County Commissioners authorize the Chairman to execute the appropriate documents to secure the funding of $12,970.00 as proposed. Staff also recommends that the funds be utilized in the Division of Emergency Management budget (208) to purchase computer hardware/ software, GPS equipment, reference books, binders, binder dividers, and printing expenses. This equipment and expenses are required to complete the grant as noted in the scope of work and contract documents. The Office of Management & Budget has been provided with more specific information concerning the equipment and supplies referenced above. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the Fiscal Year 1993-94 Hazardous Materials Emergency Planning Agreement, as set out in staff's memorandum. PARTIALLY EXECUTED COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD APPROVAL OF FISCAL YEAR 1993-94 RADIOLOGICAL EMERGENCY PREPAREDNESS AGREEMENT (FP&L GRANT) The Board reviewed memo from Emergency Services Director Doug Wright dated August 18, 1993: 16 TO: Board of County Commissioners THROUGH: Jim Chandler, County Administrator FROM: Doug Wrights Director Emergency Services DATE: August 18, 1993 SUBJECT: Approval of FY 93/94 Radiological Emergency Preparedness Agreement (FP&L Grant) It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next regular scheduled meeting. DESCRIPTION AND CONDITIONS Each year representatives from the Florida Department of Community Affairs, Florida Power and Light Company, and the Indian River County Department of Emergency Services negotiate the Radiological Emergency Preparedness Agreement (Grant). The Agreement is predicated on responsibilities defined by the United States Nuclear Regulatory Commission in Rule 10 CFR, Part 50 and 70, and NUREG 0654, FEMA -REP - 1, Revision 2. During negotiations this year , an agreement was reached wherein Indian River County will receive $65,500.00 in grant funds to enable the County to carry out its responsibilities as provided in the above referenced authorities. This represents an increase of $4,035.00 from the previous year. ALTERNATIVES AND ANALYSIS The Agreement provides for the County to participate in the following radiological emergency planning and preparedness activities: 1. Recurring maintenance and major revisions to the local radiological emergency plans and implementing procedures; 2. Participation in exercises and evaluation of exercises; 3. Provides funds for a full time REP Analyst position to maintain plans, calibrate radiological monitoring equipment, develop improved traffic control plans for evacuation, improve procedures for reception and decontamination center, and update shelter surveys required for a host county. 4. Provides funds for a part time Administrative Secretary to aid in REP planning and administrative requirements. 5. Maintain close liaison with adjacent risk and host counties for the purpose of interfacing emergency plans and activities. This is the third year that FP&L has agreed to fund the salary, benefits, and associated expenses for a REP Analyst to complete requirements of the referenced authorities. The scope of work and additional demands placed on counties by state and federal agencies precluded county staff from completing the tasks on a part time basis as was being done prior. 17 LOOK 9101Fr,r C , 65 L_3FP�1993 BOOK 90 �1 nr �,,,r 657 The REP Analyst position is 100% funded by FP&L. The salary and benefit package mirrors the county personnel system. Funds are also included for the vehicle allowance for the Analyst position. Funds in the amount of $8,500 have been allocated to provide part- time administrative assistance in planning functions related to Radiological Emergency Preparedness, Response and Recovery. In the past year, FP&L funded 15% or $4,015 of an existing administrative position salary to accomplish the FP&L tasks with 85% or $22,754 of the salary being funded by the general fund. However, this employee does not have the time to continue with these tasks. Therefore, to preclude the general fund from contributing any additional funds to the grant, staff plans to utilize the $4,485 balance from the $8,500 allocated by FP&L for administrative assistance by increasing the number of hours worked by a part time secretary at the Fire Division from 24 to 29 hours per pay period. The balance of the FP&L grand funds related to administrative assistance will be placed in the overtime account of the FP&L budget to be used as needed during the fiscal year. No new position will be created as a result of the acceptance of this grant. It should be noted that if at any time the grant is not funded by FP&L, the County would have no obligation to pick up the expenses now covered by the grant. The total salary and benefit package for the full time position and the administrative assistance totals $53,340.00. The balance of the $65,500.00 'will be utilized in the total REP program in the county during the fiscal year. RECOMMENDATION Staff recommends the Board approve the FY 93/94 Radiological Emergency Preparedness Agreement as noted above and authorize the Chairman to execute the necessary documents. Staff also recommends approval of a budget amendment as necessary for the funds to be received and allocated to the FP&L budget account. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved the Fiscal Year 1993-94 Radiological Emergency Preparedness Agreement, as recommended by staff. SAID AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 18 COUNTY PROPERTY INSURANCE RENEWAL 1993-94 The Board reviewed memo from Risk Manager Beth Jordan dated September 21, 1993: TO: James E. Chandler, County Administrator THRU: Jack Price, Personnel Director FROM: Beth Jordan, Risk Manager DATE: 21 September 1993 SUBJECT: Property Insurance Renewal 1993-94 The following is presented for Board consideration on September 28, 1993, for renewal of the County's commercial property insurance coverages. Background In 1992, with the assistance of Waters Risk Management Consultants, the County reviewed competitive bids for its commercial insurance coverages. At that time, the Board adopted the recommendations of Waters and staff, awarding general liability and workers' compensation lines to the Florida Municipal Insurance Trust (Florida League of Cities) and the property, inland marine (heavy equipment, radios, etc.) and boiler/machinery lines to Appalachian Insurance Company through Schwab & Company, broker, Miami. Analysis Following Hurricane Andrew, the County found itself in the same position as other local governments and private citizens as major insurance carriers cancelled br non -renewed policies. We were notified that while Appalachian wanted to maintain the County's business due to our excellent loss history, it had approached the Florida Department of Insurance with plans to cancel its larger South Florida customers. The Department refused to allow Appalachian to pick its customers in that manner, advising Appalachian that it either had to underwrite all or none of its customers. Appalachian chose the latter and withdrew from the Florida commercial property market. Immediately, Schwab & Company contacted 22 major commercial carriers to put together a program for Indian River County. Those carriers were effectively a "Who's Who" of major companies: Fireman's Fund, Royal, General Star, etc. Because of their losses due to Andrew, none was willing to underwrite the County alone, and instead, formed a consortium to underwrite specific layers of coverage, which will be outlined below. At the same time, staff• contacted the Florida League of Cities, former long-time carrier for the County, and requested a quote to re-enter their coverage. As can be imagined, the League was literally inundated with similar requests from local governments, including the City of Vero Beach which was refused a quote. Only because of our long-standing relationship and. excellent loss history with the League were we afforded a quote. For 1992-93, property insurance premium for the County was $67,000.00, with a $10,000.00 per occurrence deductible for most losses, effectively making the County its own self -insurer. The League of Cities has proposed a policy with a $5,000.00 deductible for most losses and with a 20/o/$5,000.00 windstorm deductible and one-half of 1 % water damage, deductible for property located within one-half mile of coastal waters. Premium will be $200,965.00. 19 P 2 1993 BOOK 90 FvUL b58 �P Fr— SEP 60 8 1993 BOOK 90 PAGE 659 By contrast, Schwab has proposed a consortium made up of General Star Indemnity Company, Royal Insurance Company, Lexington Insurance Company, Westchester Insurance Company, Royal Indemnity Company and Fireman's Fund Insurance Company. Again, there is a $5,000.00 deductible for most losses, but windstorm carries a $500,000.00 deductible. In addition, the proposed premium is $457,038.23. Besides the obvious premium costs, staff is also concerned about claims handling with such a large number of insurers. Although their proposal is layered, that is, General would take the first $2 million of loss, followed by Royal and Lexington jointly sharing the next $3 million layer, etc., we see this as a potentially chaotic situation in the event of a large loss. Due to the complexity of this proposed program and the reluctance of any one carrier to commit to a layer of coverage without a similar commitment from other carriers, it was sent by facsimile on September 17 with a hard copy to follow. Copies of both the League and Schwab consortium proposals are available in the Risk Management office. We have been assured both by the League and Schwab that the dramatic increase in premium will be short-term, with premium decreases by next year, unless there is another catastrophic natural disaster in Florida. Recommendation Staff recommends property, inland marine and boiler/machinery coverage be placed with the Florida Municipal Insurance Trust, Florida League of Cities, at , a premium of $200,965.00 for 1993-94. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously approved insurance coverage with Florida Municipal Insurance Trust, Florida League of Cities, at a premium of $200,965 for 1993-94, as set out in staff's memorandum. AMENDMENT TO FBIP GRANT AGREEMENT - ROUND ISLAND PARR IMPROVEMENTS The Board reviewed memo from Capital Projects Manager Terry Thompson dated September 21, 1993: 20 TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Directo :-,�:?> FROM: Terry B. Thompson, P.E. Capital Projects Manager SUBJECT: Amendment to FBIP Grant Agreement Round Island Park Improvements DATE: September 21, 1993 DESCRIPTION AND CQr1DITIONS On February 18, 1992, Indian.River County accepted a $150,000 Florida Boating Improvement Program (FBIP) Grant for Round Island Park Improvements. The County has requested an additional $88,000 in FBIP funds because the cost of the boat ramp, site work and paving exceeded the preliminary estimates. The attached Amendment increases the FBIP project funding to $238,000. The current unobligated balance of FBIP funds available to Indian River County is $140,523.22. This Amendment will reduce the unobligated balance to $52,523.22. RECOMIl MMATIONS AND PONDING Staff recommends that the Chairman be authorized to execute the attached Amendment to the Agreement. The $238,000 FBIP grant is the County's match for a $130,000 grant the County accepted from the Florida Inland Navigation District. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the Amendment to the Agreement for Florida Boating Improvement Program Grant for Round Island Park Improvements, increasing the approved amount of the project to $238,000, as set out in staff's memorandum. AMENDMENT TO AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 21 BOOK 90 f'A,UE 660 Fr'_ SEP 28 193 BOOK 90 DU 661 � AMERICAN COASTAL ENGINEERING, INC., CONTRACT The Board reviewed a copy of the proposed contract distributed by Executive Aide Alice E. White. ON MOTION by Commissioner Adams, SECONDED by Commissioner Tippin, the Board unanimously approved contract with American Coastal Engineering, Inc., for a Prefabricated Erosion Prevention Reef, as recommended by staff. SAID CONTRACT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD THIRD AMENDMENT TO AGREEMENT BETWEEN INDIAN RIVER COUNTY ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, AND UNIVERSITY OF FLORIDA FOR A STUDY ON USE OF RECLAIMED WATER ON COUNTY UTILITY CITRUS GROVES The Board reviewed memo from Utility Services Director Terry Pinto dated September 17, 1993: DATE: SEPTEMBER 17, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILI VICES PREPARED ROBERT O. WISEMEN, P.E. AND STAFFED ENVIRONMENTAL ENGINEER ?J1 BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: THIRD AMENDMENT TO AGREEMENT BETWEEN INDIAN RIVER COUNTY, ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, AND UNIVERSITY OF FLORIDA TO PERFORM STUDY ON USE OF RECLAIMED WATER ON COUNTY UTILITY CITRUS GROVES BACKGROUND On September 26, 1989, the Chairman of the Board of County Commissioners executed the above -referenced agreement involving the joint venture for subject study. The agreement later was amended on September 12, 1990 and July 19, 1991. The University of Florida, Institute of Food and Agricultural Sciences (IFAS), is conducting the final portion of the study. The second amendment to the agreement expires September 30, 1993. ANALYSIS The St. Johns River Water Management District has requested the extension time to complete the work (Phase IV, see Exhibit A) in approximately eight months (to end May 1, 1994). Per the addendum, no County contribution will be required in this phase of the study. 22 RECOMMENDATION The Department of Utility Services recommends the approval of the extension and authorizes the Chairman of the Board of County Commissioners to execute Addendum No. 3 of said agreement. ON MOTION by Commissioner Adams, SECONDED by Commissioner Tippin, the Board unanimously approved the Third Amendment to the Agreement between the St. Johns River Water Management District, Indian River County and the University of Florida for a study on use of reclaimed water on County Utility citrus groves, as recommended by staff. SAID AMENDMENT TO AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD WEST REGIONAL WASTEWATER TREATMENT PLANT WETLANDS SITE PLAN AND STORMWATER PERMITTING The Board reviewed memo from Utility Services Director Terry Pinto dated September 20, 1993: DATE: SEPTEMBER 20, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRA O FROM: TERRANCE G. PINTO DIRECTOR OF UTILI VICES STAFFED AND PREPARED BY: WI MCCAIN CAPITAL ENGINEER DEP A OF UTILITY SERVICES SUBJECT: WEST REGIONAL WASTEWATER TREATMENT PLANT/WETLANDS SITE PLAN AND STORM WATER PERMITTING - BACKGROUND: On July 27, 1993, the Board of County Commissioners approved a contract with Malcolm Pirnie for the design of an expansion of our West Regional Wastewater Treatment Plant to 2 MGD (see attached agenda item and minutes). As stated in that agenda item, we also have the firm of Masteller & Moler, Inc., under contract for the design of a 6 MGD wetland effluent disposal system. The Utilities Department feels Masteller & Moler, Inc., would be the most suited engineering firm to handle the site plans for the projects, as they are designing the largest portion of the combined projects, and to avoid duplication of efforts, etc. Along with the site plans, all drainage permits from the Florida Department of Environmental Protection and Indian River County will also be acquired. 23 BOOK 90 F -A- r.662 ANALYSIS: BOOK 90 PAGE 663 We have negotiated a contract with Masteller & Moler, Inc., for the above-described services (see attached). The proposed negotiated fee for these services is $18,000.00, with a $5,000.00 contingency to be authorized by the Director of Utility Services, if required. The Utilities Department staff feels this is fair compensation for the scope of services as outlined. A detailed scope of services is provided in the attached work authorization. Payment for these services will be from the impact fee fund. The staff of the Department of Utility Services recommends that the Board of County Commissioners, approve the attached work authorization with Masteller & Moler, Inc.,.as presented. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously approved Work Authorization #3 with Masteller & Moler, Inc., as set out in staff's memorandum. WORK AUTHORIZATION #3 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD ENGINEERING SELECTION FOR DESIGN AND CONSTRUCTION INSPECTION OF VARIOUS WATER MAINS AND SUBDIVISION DISTRIBUTION SYSTEMS ANDLQR WASTEWATER COLLECTION OR TRANSMISSION SYSTEMS THROUGH INDIAN RIVER COUNTY, INCLUDING ASSESSMENTS RELATED TO THE PROJECTS The Board reviewed memo from Utility Services Director Terry Pinto September 17, 1993: 24 DATE: SEPTEMBER 17, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTI CES STAFFED AND PREPARED BY: H. D. "DUKE" OSTER, P.E. ENVIRONMENTAL ENGINEER DEPARTMENT OF UTILITY SERVICES SUBJECT: ENGINEERING SELECTION FOR DESIGN AND CONSTRUCTION INSPECTION OF VARIOUS WATER MAINS AND SUBDIVISION DISTRIBUTION SYSTEMS AND/OR WASTEWATER COLLECTION OR TRANSMISSION SYSTEMS THROUGHOUT INDIAN RIVER COUNTY, INCLUDING ASSESSMENTS RELATED TO THE PROJECTS RFP NO. 3100 On August 24, 1993, the Board of County Commissioners approved the selection of the following firms to provide the subject design and construction inspection services for the above -referenced projects: Carter Associates, Inc., water and wastewater Masteller & Moler, Inc., water and wastewater N:F..Lenz Company, water only ANALYSIS: Continuing service agreements were prepared and reviewed with the selected firms for their concurrence. All three firms executed said agreement, and the staff of the Department of Utility Services is now requesting approval of these agreements by the Board of County Commissioners. Individual work authorizations will be negotiated as necessary with each consultant on a rotational basis. The Department of Utility Services recommends that the Board of County Commissioners approve the attached continuing service agreements and authorize this department to prepare work authorizations to these firms to provide services in accordance with the terms of the agreements. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the continuing service agreements with Carter Associates, Inc., Masteller & Moler, Inc., and H. F. Lenz Company, as set out in staff's memorandum. AGREEMENTS (5) ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD 25 BOOK 90 r SEP 2 8 1993 BOOK 9 , ® uuc 665 SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment the Board would reconvene sitting as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:37 a.m. ATTEST: J. rton, Clerk Richard N. Bird, Chairman 26