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HomeMy WebLinkAbout9/3/1991BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A REGULAR MEETING TUESDAY, SEPTEMBER 3, 1991 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Richard N. Bird, Chairman James E. Chandler. County Administrator Gary C. Wheeler, Vice Chairman Margaret C. Bowman Charles P. Vitunac, County Attorney Carolyn K. Eggert Don C. Scurlock, Jr. Jeffrey K. Barton, Clerk to the Board * * * * * * * * * * * * * * * * * * * * * * * * * * * *-* * * * * * *•* * * * * * * * * * *'* * 9:00 A. M. 1. CALL TO ORDER 2. INVOCATION - Rev. Pete LaBarre, Trinity Episcopal 3. PLEDGE OF ALLEGIANCE - Comm. Margaret C. Bowman 4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS NONE 5. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES Regular meeting of August 6, 1991 7. CONSENT AGENDA A. Release of Utility Liens t (memorandum dated August 15, 1991) B. Resignation of David Risinger from the Professional Services Advisory Committee / Appointment of Keith Pelan ( memorandum dated August 22, 1991) C. Award Bid #91-111 / Relocation of Wastewater Treatment Plant ( River Run) _ (memorandum dated August 26, 1991 ) D. New Courthouse Project - Geotechnical Services IRC RFP No. 91-127 (memorandum dated August 27, 1991) ®GOA �, SEP 31991 J SES 3 1994 BOOK 8 4'; .-, F ,�, Y U� ,-P4, 7. CONSENT AGENDA (continued) : E. Release of Easement Petition by: Lester 8 Luereda D. Williams, Lots 15 8 16, Blk. 2, Kings Music Lands Sub. (memorandum dated August 20, 1991 ) F. Firefighters' Insurance _ ( memorandum dated August 27, 1991) _ G. Primary. Flood Insurance Coverage (memorandum -dated August 27, 1991) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a. m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS 50th Court - Old Sugar Mill Estates Water Service (memorandum dated August 23, 1991) ' 10. COUNTY ADMINISTRATOR'S MATTERS Re-examination of Consultant's Report ( memorandum dated August 28, 1991) 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None ' B. EMERGENCY SERVICES None C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL PPO Contracts (memorandum dated August 28, 1991) 11.. DEPARTMENTAL MATTERS (continued): G. PUBLIC WORKS As -Built Resolutions S Assessment Rolls for Paving 8 Drainage Improvements to: 1) 2nd St. between 23rd Ave. 8 24th Ave. 2) 13th Ave. between 12th St. 8 14th St. 3) 12th Ave. between 12th St. 8 14th St. (memorandum dated August 15, 1991) H. UTILITIES 1. Anita Park - 38th PI. Water Service Project ( memorandum dated August 23, 1991) 2. Change Order No.- 2 with Diversified Drilling - Corp. 8 Engineering 'Inspection Services (memorandum dated August 22, 1991) 12. COUNTY ATTORNEY A. Release (memorandum dated August 22, 1991) B. Train Whistles ( memorandum dated . August 28, 1991) 13. COMMISSIONERS ITEMS A. CHAIRMAN RICHARD N. BIRD B. VICE CHAIRMAN GARY C. WHEELER Recommend appointment of Kevin Crowe to Tourist Development Council C. COMMISSIONER MARGARET C. BOWMAN D. COMMISSIONER CAROLYN K. EGGERT .t E. COMMISSIONER DON C. SCURLOCK, JR. 14. SPECIAL DISTRICTS A. NORTH COUNTY FIRE DISTRICT None B. SOUTH COUNTY FIRE DISTRICT None booK EaGc SEP 3 1l BOOK ' 14. SPECIAL DISTRICTS (continued): C. SOLID WASTE DISPOSAL DISTRICT 1. Recycling Grant Part I I _ / Authorized Signature ( memorandum dated August 16, 1991) 2. In Item / Hangar Wastestream Survey (memorandum dated August 28, 1991) 15. ADJOURNMENT 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. Tuesday, September 3, 1991 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 3, 1991, at 9:00 o'clock A.M. Present were Richard N. Bird, Chairman; Gary C. Wheeler, Vice Chairman; Margaret C. Bowman; Carolyn K. Eggert; and Don C. Scurlock, Jr. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order. Reverend Pete LaBarre, Trinity Episcopal Church, gave the invocation, and Commissioner Bowman led the Pledge of Allegiance to the Flag. PROCLAMATIONS AND PRESENTATIONS Chairman Bird read aloud PROCLAMATION approved at the Board meeting of August 27th, designating the week of September 8-14, 1991, as "CELEBRATE LITERACY WEEK," and presented the Proclama- tion to Bobbie Rothmayer, president of the Adult Literacy Service of Indian River County, Inc. Mrs. Rothmayer accepted the Proclamation, stressing the importance of their literacy programs, and expressing their appreciation of the Board's support. APPROVAL OF MINUTES The Chairman asked if there were any additions or correc- tions to the Minutes of the Regular Meeting of August 6, 1991. There were none. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously approved the Minutes of the Regular Meeting of August 6, 1991, as written. Boor SEP 3 191 BQCiK Pt4�P..,.��b CONSENT AGENDA Commissioner Scurlock requested that Item C be removed from the Consent Agenda for discussion. A.NRelease `of_Utility _Liens The Board reviewed memo from Lea Keller, CLA: TO: Board of County Commissioners A�6, 12._V :,LR&u FROM: Lea R. Keller, CLA, County Attorney's Office DATE: August 15, 1991 RE: CONSENT AGENDA - B.C.C. MEETING 9/3/91 RELEASE OF UTILITY LIENS I have prepared the following lien—related documents and request that the Board authorize the Chairman to sign them: 1. Releases of Special Assessment Liens from U.S. #1 (10th To Main Relief Canal) PROJECT in the names of: NPC LEASING CORP. FOWLER COMPANY 2. Satisfaction for Payment of Impact Fee Lien Extension in the name of: WRIGHT 3. Releases of Special Assessment Liens from SUMMERPLACE WATER PROJECT in the names of: WADDELL GASPERINI 4. Release of Assessment Lien from ROCKRIDGE SEWER PROJECT in the name of: :a NELSON 5. Release of Special Assessment Lien from 12TH STREET PROJECT in the name of: DODD 6. Release of Special Assessment Lien from A-1-A/NORTH BEACH PROJECT in the name of: CARVEL Additional back-up information is on file in the County Attorney's Office. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously approved the Releases of Special Assessment Liens listed above and authorized the signature of the Chairman. COPIES OF SAID DOCUMENTS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD B. Appointment_ to Professional Services_ Advisory_ Committee The Board reviewed memo from Commissioner Eggert: TO: Board of County DATE: August 22, 1991 FILE: Commissioners SUBJECT: professional Services _ Advisory Committee ll Carolyn K. Eggert oe FROM: County Commissioner REFERENCES: Please accept with deep regret the resignation of David Risinger from the Professional Services Advisory Committee and appoint in his place Keith Pelan. Peter Robinson, Chairman of the Professional Services Advisory Committee, verified the continued need for someone to fill the environment/landscape slot on the committee. He supports the appointment of Keith Pelan. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously accepted with regret the resignation of David Risinger from the Professional Services Advisory Committee and appointed Keith Pelan to serve in his place. 3 BOOK 04 I'Aue 37 SEP 3 1991 L BOOK 8 4 FACE 13 "' C. Bid #91-111 - Relocation of River Run VJVJ Treatment Plant The Board reviewed memo from the Purchasing Manager Boynton: DATE: August 26, 1991 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E.'Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Servic;A. FROM: Fran Boynton, Purchasing Manager SUBJECT: Award Bid #91-111 Relocation of Waste Water Treatment Plant(River Run) BACKGROUND INFORMATION: Bid Opening Date: Specifications mailed to: Replies: BID TABULATION Ted Myers Winter Beach, F1 ORIGINAL ESTIMATE: SOURCE OF FUNDS: July 10, 1991 Eight (8) Vendors One (1) Vendor $ 23,880.80 $ 11,000.00 Indian River County Project # US-9001.1DC TOTAL AMOUNT OF BID: RECOMMENDATION: $ 23,880.80 Staff recommends that the bid be awarded to Ted Myers Contracting Co.,Inc as the sole bidder meeting specifications as set forth in the Invitation to Bid. (See attached memo.) In addition, staff requests the Board's approval of the attached agreement when all requirements are met acid approved as to form by the County Attorney. Commissioner Scurlock commented that although, as he under- stands it, there is only one bid on this item, he did receive a phone call from an individual regarding this project some time ago and referred him to Utilities. He never heard anything more, and possibly this individual did not pursue this further, but he was surprised to see that there wasn't more than one bid. Administrator Chandler advised that the response received from others contacted was that it was a small project and there was not much interest. He asked if this person was a prospective bidder. Commissioner Scurlock had the impression that he was but noted that he had a bit of a communication problem in under- standing this person and just referred him to Utilities. He 4 advised that he would move approval of this item but asked that someone check with Utilities on this. Administrator Chandler confirmed that this would be done. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously awarded Bid 91-111 for relocation of the River Run WW Treat- ment Plant to the sole bidder, Ted Myers Contracting Company in the amount of $23,880.80 as recommended by staff. (AGREMAMT NOW RECEIVED AND ON FILE IN OFFICE OF CLERK TO BOARD) D. Bid #91-127 - Geotechnical Services New Courthouse Project The Board reviewed memo from Purchasing Manager Boynton: DATE: AUGUST 27, 1991 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVI FROM: FR_N BOYNTON, PURCHASING MANAGER SUBJECT: NEW COURTHOUSE PROJECT - GEOTECHNICAL SERVICES INDIAN RIVER COUNTY RFP NO. 91-127 BACKGROUND: This bid was taken for predesign geotechnical work to be done on the new courthouse site and to receive quotations for any additional similar work to be done during design. Bid Opening Date: Specifications mailed to: Replies: FIRM NAME Ardaman & Associates Port St. Lucie, FL. Universal Engineering Sciences Merritt Island, FL. Jammal & Associates West Palm Beach, FL. BUDGETED AMOUNT August 19,1991 Twelve (12) Vendors Three (3) Bids Three Statements of "No Bid" VENDOR BID $ 2,500.00 4,686.00 6,700.00 $15,000.00 SOURCE OF FUNDS: Optional Sales Tax - Court Facility Project TOTAL AMOUNT OF BID: $2,500.00 5 BOOK 4 f,4GE .�� P 3 RECOMMENDATIONS: I BOOK Staff. and the Construction Manager have reviewed the proposals and recommends the bid be awarded to Ardaman & Associates, Inc. as the lowest, most responsive and responsible bidder meeting specifications for the subject project. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously awarded Bid 91-127 for geotechnical work on the new Court- house site to Ardaman & Associates, Inc. as the lowest, responsive and responsible bidder in the amount of $2,500 as recommended by staff. E. Release of Easement_- Kings_ Music_ Land_ Subdv__(Williams) The Board reviewed memo from Code Enforcement Officer Heath: TO: James E. Chandler .County Administrator DEPARTMENT HEAD CONCURRENCE: K2 F. F - F Robert M. Keati c .1,P -Community Devel pmt_ Director THROUGH:. Roland M. DeBlois l Chief, Environmental Planning and Code Enforcement FROM: Charles W. Heath (?,kj, /i, Code Enforcement Officer DATE: August 20, 1991 SUBJECT: RELEASE OF EASEMENT PETITION BY: Lester & Luereda D. Williams Lots 15 & 16, Block 2, Kings Music Lands Subdivision It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of September 03, 1991. DESCRIPTION AND CONDITIONS: The County has been petitioned by Lester & Luereda D. Williams, owne3vof the subject property, for the release of the common three (3) foot side lot utility and drainage easements of Lots 15 & 16, Block 2, Kings Music Lands Subdivision, being the southerly three (3) feet of Lot 15 and the northerly three (3) feet of Lot 16. It is the petitioner's intention to construct a single-family residence on the subject property. The current zoning classification of the subject property is RS -3, Single -Family Residential District. The Land Use Designation is L- 1, allowing up to three (3) units per acre. - M ALTERNATIVES AND ANALYSIS: i The request has been reviewed by Southern Bell Telephone Company, Florida Power & Light Company, Florida Cablevision Corporation, the Indian River County Utilities Department and the Road & Bridge and Engineering Divisions. Based upon their reviews, there would be no adverse impact to utilities being supplied to the subject property by release of the easements. RECOMMENDATION: Staff recommends to the Board, through the adoption of •a resolution, the release of the common three (3) foot side lot utilities and drainage easements, being the southerly three (3) feet of Lot 15, and the northerly three (3) feet of Lot 16, Block 2, Kings Music Lands Subdivision, Section 17, Township 32 South, Range 39 East, as recorded in Plat Book 6, Page 17, of the Public Records of Indian River County, Florida. and ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously adopted Resolution 91-97 releasing certain easements in Kings Music Lands Subdivision as requested by Lester & Luereda Williams. RESOLUTION NO. 91-97 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING CERTAIN EASEMENTS IN THE KINGS MUSIC LANDS SUBDIVISION, LOTS 15 & 16, BLOCK 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 17, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. WHEREAS, Indian River County has easements as described below, WHEREAS, the retention of those easements serves no public purpose, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: This release of easement is executed by Indian River County, Florida, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to Lester & Luereda D. Williams, his successors in interest, heirs and assigns, whose mailing address is 2286 15th Avenue S.W., Vero Beach, Florida 32962 Grantee, as follows: Indian River County does hereby abandon all right, title, and interest that it may have in the following described easements: BOOK r SEP 3 1991 BOOK 84 P,�GE l' The common three (3) feet side lot utility easements of Lots 15 & 16, Kings Music Lands Subdivision, Block 2, more particularly described as the southerly three (3) feet of Lot 15, and the northerly three (3) feet of Lot 16, as recorded in Plat Book 6, Page 17 of the Public Records of Indian River County, Florida THIS RESOLUTION was moved for adoption by Commissioner Eggert , seconded by Commissioner Bowman , and adopted on the 3 day of September , 1991, by the following vote: Commissioner Bird Aye Commissioner Wheeler Aye Commissioner Bowman Aye Commissioner Eggert Aye Commissioner Scurlock Aye The Chairman thereupon declared the resolution duly passed and adopted this 3 ,.day of September , 1991. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Richar Bird, airm n Attest By ,Jeffre Clerk F. Firefighters'_ Insurance The Board reviewed memo from Risk Manager Beth Jordan: 8 To: James E. Chandler, County Administrator THRU: Jack Price, Personnel Director FROM: Beth Jordan, Risk Manager/ DATE: 27 August 1991 SUBJECT: Agenda Consideration; Firefighters' Insurance Please consider the following for inclusion on the Board's September 3, 1991 Board consent agenda. Staff has recently received renewal information for the life insurance coverages for both paid and volunteer firefighters, coverages which are required by State law and which have been carried for several years through Schlitt Services, Vero Beach. The renewal premiums are consistent with those in the previous year and are as follows: excess coverage for intentional' acts, $702.00; basic life for paid employees, $1,060.50; and basic life for volunteers, $2,708.00. Total costs are $4,470.50. Staff recommends renewal of these insurance coverages at an annual cost of $4,470.50. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously approved renewal of the life insurance coverages for both paid and volunteer firefighters at an annual cost of $4,470.50 through Schlitt Insurance Services as recommended by staff. G. Primary_ Flood_ InsuranceCoverage _ The Board reviewed the following memo from the Risk Manager: 9 A00 SEP 3 199`1 BOOK. i, '1'0: James E. Chandler, County Administrator THRU: Jack Price, Personnel Director -A-0- FROM: Beth Jordan, Risk Manage DATE: 27 August 1991 SUBJECT: Request for Agenda Consideration; Primary Flood Insurance Coverage Please consider the following information for inclusion on the Board's September 3, 1991 consent agenda. The County currently carries excess flood insurance on its buildings and contents with a deductible of $200,000.00. We have received a premium quote of $5,720.00 annually to provide coverage up to the $200,000.00 level for the County's most costly buildings: County Administration Building,, Sheriff's Administration Building, Jail, North County Library, Main Library and Public Health Unit Building. The quote was obtained through Schlitt Insurance Services, current agent for the excess flood coverage. - Staff recommends the Board authorize purchase of this primary flood insurance for its buildings and contents at an,annual premium of $5,720.00. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously authorized purchase of primary flood insurance for the above described buildings through Schlitt Insurance Services at an annual premium of $5,720 as recommended by staff. PUBLIC _HEARING ___ OLD _ SUGAR_ MILL_ ESTATES_ WATER SERVICE-ASSESSMTS The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: 10 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press-Joumal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter in the Court, was pub. lisheo in said newspaper in the issues of �i/i�f4X Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County; Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida. each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this day o A.O. 19 zz (Busines ' anager). PUBLIC HEARING - SPECIAL ASSESSMENTS.. WATERLINE EXTENSION - OLD SUGAR MILL The Board of Cm-fty Commissioners of Indian River County, Florida, hereby provides notice Of PUBLIC HEARING schedi led for 9:05. AAt on pTUESDAY, SEPTEMBER 3. 1991, to dWem a pro- ESS- MENT PROJECT In I d an River � farthe in- stanation of a WATERLINE IN OLD SUGAR MILL ESTATES (50TH COURT), and providvg for special . assessment Ones to be made of record. on the Properties to be served Anyone who may wish to appeal any decision wttich may be made at this meeting will need to ensue that a verbatim record of the, prncee irV is made, which erohrdes testimony and Mier= upon which the appeal Is based. August 12,19,1991 8=04 Administrator Chandler reviewed the following: DATE: AUGUST 23, 1991 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO' DIRECTOR OF UTILITY SERVICES PREPARED JAMES D. CHASTAI AND STAFFED MANAGER OF ASSES PROJECTS BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: 50TH COURT - OLD SUGAR MILL ESTATES WATER SERVICE INDIAN RIVER COUNTY PROJECT NO. UW -90 -24 -DS BACKGROUND On August 6, 1991, the Indian River County Board of County Commissioners approved Resolutions 91-91 and 91-92, which contained the preliminary assessment roll and established the public hearing for the subject project. Property owners have been notified of the public hearing by certified mail. Resolution 91-91 was published in the Vero Beach Press Journal on August 14, 1991. (See attached agenda item and minutes of the above meeting.) SEP 3 '1991 SEP 3 B91 ANALYSIS BOOK ' - r Design of the water distribution system is complete. Approval of the attached Resolution III will confirm and approve the preliminary assessments. The attached map displays the area to benefit from the assessment project. The project will serve the 16 properties on the east and west of 50th Court, south of 16th Street. These are all approximately 1/2 acre plus or minus homesites; of which 69% or 13 - of the owners signed the petition for water service. According to Indian River County's Comprehensive Plan, the County Public Health Unit, Division of Environmental Health, the minimum size lot on which a well and septic system may be utilized is .50 or 1/2 acre. ot The preliminary assessment cost of the property owners is $36,777.00, which includes project construction cost, engineering and administration. The cost per square foot is $0.1016. RECOMMENDATION 4. The staff of the Department of Utility Services recommends that the Board of County Commissioners approve Resolution III, which'"affirms the preliminary assessment of the subject project. Commissioner Scurlock believed the key is that the cost is just a little over 104 per square foot . Chairman Bird asked if anyone present wished to be heard. There were none, and he thereupon closed the public hearing. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously adopted Resolution 91-98 confirming special assessments in Old Sugar Mill Estates (50th Court) and also in connection with this project adopted Resolution 91-99 accepting utility easements in Old Sugar Mill Estates Subdivision. RESOLUTION NO. 91-98 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATERLINE EXTENSION IN OLD SUGAR MILL ESTATES (50th COURT) AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 91-919 adopted August 6, 1991, determined to make special assessments against certain properties to be serviced by a waterline extension of the County located in the area of Old Sugar Mill Estates (50th Court); and RESOLUTION 91-98 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN ITS ENTIRETY. 12 RESOLUTION NO. 91- 9 9 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY ACCEPTING UTILITY EASEMENTS IN OLD SUGAR MILL ESTATES SUBDIVISION. WHEREAS, Indian River County is in the process of installing water lines in 50th Court; and WHEREAS, in connection with this project, it is necessary for the County to install its water lines in certain utility easements in the following subdivision: OLD SUGAR MILL ESTATES SUBDIVISION, Plat Book 9, Page 82 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board hereby formally accepts the utility easements, as offered to the County, shown on the plat of the above -referenced subdivision. The resolution was moved for adoption by Commissioner Scurlock , and the motion was seconded by Commissioner Eggert_, and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 3 day of September , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey Barton, C erk p B Y Richard N. Bird Chairman 13 BOOK F';i,t.�� SEP 3 1991 SEP �Yl BOOK 84 RE-EXAMINATION OF CONSULTANT' S_ REPORT` (CH2M HILL) Administrator Chandler reviewed the following: 1"0: Board of County Commissioners DATE: August 28, 1991 FRO i/County E. Chandler Administrator SUBJECT: REFERENCES: FILE: Based on a study and recommendations prepared by the consulting firm of CH2M Hill, the Board of County Commissioners on March 12, 1991 adopted a series of utility rate increases to be effective for a 2-1/2 year time frame. Subsequently, it was determined that an error was made by the consultants in that projected operating expenses for i:he proposed sludge facility had not been deleted. The net effect was that the monthly wastewater facilities base charge was 75 cents higher than necessary. As was presented during the July budget session, the new rates are proposed to be reduced by that amount until the new facility becomes operational. Staff received assurances both verbally and in writing from the consultants that they had verified that there were no other errors, with particular emphasis on the areas relating to the sludge facility. During the last two weeks, it has been determined that another error had been made by the consultants. Contrary to representations made in a letter dated June 17, 1991 from CH2M Hil-1, debt service of approximately $800,000 for the . sludge facility was not deferred from fiscal year 1992 to fiscal year 1993. As a result, there are serious concerns as to whether the study contains other errors and as such, a serious credibility question relating to the validity of the rates recommended by the consultants. Predicated on the consultants recommendations, a number of decisions have been made by the County in terms of not only formal actions, such as adoption of the rates, but also for financial and planning purposes. In addition to the most recent error discovered, if there are other errors, there could be potentially serious implications in a number of areas. Obviously, a thorough re-examination of the rate elements and the resulting rate recommendations is required immediately. in a meeting Tuesday, August 27, with Gregory T. McIntyre, Vice President and Regional Manager of CH2M Hill, he indicated that he understood thoroughly the County's concerns and position with respect to this matter. In addition, he expresses concern about his firm's credibility and reputation. As a result, he indicated that his firm will immediately re-examine the rate elements; identify errors, if any, and make any required corrections and submit a final report. The preliminary estimate is three (3) weeks to complete the re-examination. .I.n addition, Mr. McIntyre agreed that the individuals who prepared the original study would not be assigned to this task. The preceding will be at no expense to the County. Mr. McIntyre indicated that he understood, by the County agreeing to have his firm do the re-examination, the County is not waiving 'any rights to future remedies if the County deems it necessary. Confirmation of the preceding understanding is to be received in writing from CH2M Hill prior to the Tuesday Commission meeting. 14 The Administrator noted that, needless to say, we are disappointed with the results we have seen on this particular study, but we have received the following letter from CH2M Hill, and we have confidence that they will do everything necessary to get us a good quality product within the 3 -week time frame. Engineers Planners ♦ Economists Scientists August 28, 1991 128Zy30�j SEF10.20 AUG 1991 ADMINISTRATOR'S N N OFFICE Mr. Jim Chandler County Administrator Indian River County 1840 25th Street Vero Beach, FL 32960 Dear Mr. Chandler: Subject: Letter of Understanding to Undertake Independent Evaluation and Update of Fee and Rate Study We appreciated the opportunity to meet with you, Terry Pinto, and Joe Baird on August 27. We feel that we gained a sound understanding of your concerns and we want to confirm to you that we are committed to addressing them promptly. In accordance with our discussions, we are proposing to conduct the following tasks: 1: Review Fiscal Year 1991 revenue and expense estimates and 1992 budget data, and update our revenue and expense assumptions to conform with Fiscal Year 1992 data. 2. Review the capital expenditure .information used in developing the impact fees and confirm consistency of cost figures with the master plan and other capital improvement programs. 3. Evaluate the calculations and data used in the fee and rate study and identify any aspects of the analysis that warrant revision or which would materially affect the adequacy of the fees and rates to meet the County's revenue requirements in Fiscal Years 1992 and 1993. 4. Prepare a technical memorandum summarizing the results of the independent - evaluation and update analysis, addressing changes in assumptions between the March 1991 fee and rate study report and this. analysis and the adequacy and appropriateness of the rates recommended in the March 1991 fee and rate study. 5. Present the results of the evaluation and update to you and your staff. CH2M HILL Southeast Florida Office Hillsboro Executive Center North. 800 Fairway Drive, Suite . .4264008 Deerfield Beach, Florida 33441 350 305 ,, 405.426.4008 SEP 3 1991 15 BOOK 4- _I SEP IM11 BOOK As offered and agreed upon at the August 27 meeting, CH2M HILL will perform these tasks at no cost to the County. We will complete the technical memorandum by September 20, 1991, and look forward to presenting the results to you at that time. Based on our discussions at the August 27 meeting, it is our understanding that the evaluation and update will not address the basic concepts and methods used in the fee and rate study. In addition to these tasks listed above, we will conduct a preliminary analysis of the adequacy of the water and wastewater rates scheduled to be in effect in Fiscal Year 1992 to meet the utility system's revenue requirements. It is our goal to have a letter to you on this matter prior to your September 5, 1991, budget hearing. To ensure objectivity in our analysis, we will conduct this effort using independent staff who have not been previously involved on this project. The team will include a senior economist experienced in water and wastewater utility rate analysis. This staff will transition into the study within the next 7 days. We will be in contact with your staff by the end of next week. Please call me if you have any questions or further concerns on tms matter. I want to assure you that we are firmly committed to providing quality service to Indian River County. We have enjoyed our work for you and it is our goal to win and maintain your confidence. Sincerely, CH2M HILL G ory T Mtegional ice sidenManager Commissioner Scurlock noted that he obviously has some concern about this matter in that he has been liaison with Utilities, and he advised that since the error of 754 in the base facility charge came to light, he has worked with Mr. Chandler and Mr. Baird and identified 6 other potential errors. He believed that the impact fee needs to be rethought - the fire hydrant fee at this point seems to be not consistent with what our fee is - the septage sludge fee is in there at 1/2 the revenue stream that CDM's master plan and septage/sludge facility study proposed to us - he cannot identify any number in there in terms -of revenue from grease - and the last item relates to the $13.00 surcharge on the Sea Oaks facility acquisition. He, OMB Director Baird, and Administrator Chandler, have worked many hours on this, and he shares some of the embarrassment that Mr. Chandler has in having to have a rethinking of this. We pay good money to our consultants for their services, and he did not think it is fair for our staff and himself to have to identify these kind of problems. This is not something staff has fallen down on. In fact, the error only came to light as a result of staff 16 checking back through the study in preparation for obtaining approval from FHA for our septage/sludge facility. Commissioner Scurlock felt that OMB Director Baird is to be complimented for his thoroughness, and Administrator Chandler concurred that if Mr. Baird had not gone through this to the extent that he did, this might not have been discovered. PPO CONTRACTS Administrator Chandler reviewed memo from Personnel Director Price: ..0.0....0...0......0..000....00000..0*......00.00....0..00.00... To:. James Chandler, County Administrator Date: August 28, 1991 From: Jack Price, Pers nnel Sub: PPO Contracts Indian River County contracted with Stanford & Co., Insurance Consultants, to negotiate additional PPO discounts with local providers. This activity was successful and we are now at the point of reducing those discount agreements to contracts. The contracts will involve complex and detailed commitments regarding PPO activity for the coming fiscal year. The providers' -legal and management staff have reviewed proposed contracts and recommended a number of changes. The County Attorney's staff has been most helpful in reviewing the contracts anal the proposed changes. ' As that work progressed, .however, we became convinced that our objective could best be met by using Stanford & Co.'s wealth of experience with PPO relationships and PPO contracts in this task. This program is too important to risk an unfavorable contract. Stanford & Co. is prepared to work with Indian River County staff to complete the contracts, ready for execution by mid-September, insuring that the negotiated terms are properly- reflected. The maximum expense for this assistance is $2,160. Money is available in the Outside Services account. Thanks for your assistance. Administrator Chandler confirmed that we have found this was a bit more complex than anticipated. We need to have this right in the beginning, and he felt we do need some assistance in this area. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the Board unanimously authorized having Stanford & Co. assist staff as described above at a maximum expense.of $2,160. SEP 199 1 BOOK F't:��E .,. BOOK 8 4 PAVING & DRA I NAGE AS -BUILT RESOLUT I ONS ASSESSN1_E_N_T___R_0_L_L_S- 2nd ST. - 13th AVE. - 12th AVE. Michelle Gentile, CET, made the staff presentation, as follows: TO: THROUGH: FROM: James Chandler County Administrator James W. Davis, P.E. Public Works Director and �- Roger D. Cain, P.E. County Engineer Michelle A. Gentile, CE Civil Engineer SUBJECTt*' As -Built Resolutions & Assessment Rolls for Paving and Drainage Improvements to: 1)_. 2nd Street between 23rd Avenue & 24th Avenue 2) 13th Avenue between 12th Street & 14th Street 3) 12th Avenue between 12th Street & 14th Street DATE: August 15, 1991 DESCRIPTION AND CONDITIONS The paving of the above roads has been completed. The final assessments are as follows: 1) 2nd Street 2) 13th Avenue 3) ;; 12th Avenue Preliminary Estimates $12,186.71 - 100% $ 91140.03 - 75 (533.88 Front Footage) $17.12/per FF Final Cost $7,816.29 - 1000 $5,979.46 - 750* (533.88 Front Footage) $11.20/per FF Preliminary Estimates Final Cost $58,960.67 - 1000 $47,703.44 - 100% ;$44,220.50 75% $36,493.13 - 75%* (2492.70 Front Footage)(2492.70 Front Footage) $17.74/per FF $14.64/per FF Preliminary Estimates $56,808.79 - 100% $42,606.59 - 75% (2521.1 Front Footage) $16.90/per FF Final Cost $51,608.40 - 100% $39,480.43 - 75%* (2521.1 Front Footage) $15.66/per FF *This figure includes 2% Tax Collector's fee. The final assessment rolls have been prepared and are ready to be delivered to the Clerk to the Board. Assessments for 2nd Street and 12th Avenue are to be paid within 90 days or in 2 equal installments, the first to be made twelve months from the due date and subsequent payments to be due yearly from the due date at an interest rate of 12% established by the Board of County Commissioners. During the pubic hearing for paving 13th Avenue, the Board extended the payment schedule to five years. The assessments are to be paid within 90 days or in five equal installments, the first to be made twelve months from the due date and subsequent payments to be due yearly from the due date at an interest rate of 12%. 18 ALTERNATIVES AND ANALYSIS Since the final assessment to the benefitted owners is less than the preliminary assessment roll, the only alternative presented is to approve the final assessment rolls. RECOMMENDATION It is recommended that the final assessment roll and the "As -Built Resolutions" for the paving of the above mentioned roads be approved by the Board of County Commissioners and that it be transferred to the Office of the Clerk to the Board for recording in the "Assessment Lien Book" and to the Tax Collector Is office for collett3An. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the Board unanimously adopted the following Resolutions certifying "as -built" costs for certain paving and drainage improvements: Resolution 91-100 - 2nd St. bet. 23rd S 24th Aves. Resolution 91-101 - 13th Ave. bet. 12th & 14th Sts. Resolution 91-102 - 12th Ave. bet. 12th & 14th Sts. RESOLUTION NO. 91-100 A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING 01 "AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 2ND STREET BETWEEN 24TH AVENUE AND 23RD AVENUE, DESIGNATED AS PROJECT NO. 8847, AND OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. RESOLUTION NO. 91- 101 A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING "AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 13TH AVENUE BETWEEN 12TH STREET AND 14TH STREET, DESIGNATED AS PROJECT NO. 8707 , AND OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. RESOLUTION NO. 91-102 A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING "AS -BUILT" COSTS FOR CERTAIN PAVING AND, DRAINAGE IMPROVEMENTS TO 12TH AVENUE BETWEEN 12TH STREET AND 14TH STREET, DESIGNATED AS PROJECT NO. 8821, AND OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. RESOLUTIONS 91-100, 91-101, AND 91-102, ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN THEIR ENTIRETY. SEP 19 80oK 84 SEP 3 1991 BOOK' ANITA PARK - 38TH PLACE WATER SERVICE PROJECT James Chastain, Assessment Projects Manager, reviewed the following: - DATE: AUGUST 23, 1991 TO: JAMES E. CHANDLER COUNTY ADMINISTF.ATOR i, FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES PREPARED JAMES D. CHAST AND STAFFED MANAGER OF AS S NT PROJECTS BY: DEPARTMENT OF. ILI9TY SERVICES SUBJECT: ANITA PARK - 38TH PLACE WATER SERVICE PROJECT INDIAN RIVER COUNTY PROJECT NO. UW -91 -05 -DS 1 BACKGROUND On April 9, 1991, the Indian River County Board of County Commissioners approved the petition for water service in Anita Park Subdivision - 38th Place, east off Kings Highway. Design service has been completed by the Department of Utility Services staff. We are now ready to begin the assessment process associated with this project. (See attached agenda item.) ANALYSIS Attached please find Resolutions 1 and 2 for the assessment project. ..The cost per square foot is $0.1153, and the project will serve the 30 lots bordering on 38th Place from Kings Highway/58th Avenue, east .to 56th Avenue. The petition for this service was signed by owners :,-.of 20, or 67%, of the lots. All of the lots in this project are substandard or "undersized," according to Indian River County's Comprehensive Plan, and the County Public Health Unit, Division of Environmental Health, which require that new lots utilizing well and septic systems be a minimum of 1/2 acre. If served by a public water system, the lot may be reduced to 1/4 acre in size. Lots not meeting these minimum standards are called "undersized lots." The attached map displays the area to benefit from the assessment project. The total estimated cost to be assessed is,$27,430.00. RECOMMENDATION. The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached resolutions and set the•assessment hearing date. - ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously adopted Resolutions 91-103 and 91-104, providing for installa- tion of water service in Anita Park and setting a time and place for the public hearing. 20 77 RESOLUTION NO. 91- 1 n a A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR INSTALLATION OF WATER SERVICE IN ANITA PARK (38th PLACE); PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY SERVED. WHEREAS, the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of the county and has deter- mined to defray the cost thereof by special assessments against certain properties to be serviced by a waterline of the County located in Anita Park (38th Place), hereinafter referred to as Project No. UW -91 -05 -DS; RESOLUTION NO. 91- 104 A RESOLUTION OF INDIAN RIVE. COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY IN ANITA PARK (38th PLACE) , AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCT- ING A WATERLINE EXTENSION, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No 91-103 , determined that it is necessary for the public welfare of the citizens of the county, and particularly as to those living, working, and owning property within the area described hereafter, that a waterline be installed in approximately 20 properties hereinafter described; and WHEREAS, it has been determined that the cost' to be specially assessed with respect thereto shall be approximately $ .1153 per square foot; and RESOLUTIONS 91-103 AND 91-104 ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN THEIR ENTIRETY. BUCK F,� c .�..c�er 21 (J � .� SEP � ��� EP 3 1991 BOOK CHANGE ORDER 2 W/DIVERSIFIED DRILLING CORP. - ENGINEERING INSPECTION SERVICES Capital Projects Engineer McCain reviewed the following: DATE: AUGUST 22, 1991 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTIL S ICES PREPARED WILLIAM CAIN AND STAFFED CAPI OJ C S ENGINEER BY: DE FUTILITY SERVICES SUBJECT: CHANGE ORDER NO. 2 WITH DIVERSIFIED DRILLING CORP. AND ENGINEERING INSPECTION SERVICES BACKGROUND On May 21, 1991, the Board of County Commissioners approved Change Order No. 1 with Diversified Drilling Corp. With Change Order No. 1, we drilled out an 80 -foot concrete plug at the bottom of the new well No. 3. This was done in order to increase the well's production capabilities; it was, however, only partially successful. We have increased the production rate to approximately 300 gpm with: conductivity readings around 1800 micro -mhos and a chloride level around 700 ppm (which is well within and below the acceptable limits). We now wish to drill deeper, under the observation of the engineer's hydrologist (see attached copies). ANALYSIS By drilling Well No. 3 to a deeper depth, approximately 960 feet, we hope to increase the production level to 500 gpm, which is in line with the existing good well (No. 1) at the North Beach facility. The County and the engineer concur that the well in its present state does not satisfy either the County's or the regulatory agencies' needs. We are proposing two parts to our recommended approach; first, we will instruct the driller to continue drilling in 10 -feet increments, stopping at each level to run both specific capacity tests and chloride level tests. one of two things will occur; either capacity will increase to an acceptable level with low chlorides, or chlorides will rise to unacceptable levels and a new well site will have to be found. We anticipate going only 60 + feet deeper, which corresponds to the depth of Well No. 1, which is the good one. Additional cost associated.. with this procedure is $4,600.00; this takes into account drilling an additional 100 feet in depth. (See attached Change Order No. 2.) , Secondly, we feel due to the critical nature of the above procedure, we must have the engineer's hydrologist present throughout the extended drilling. The cost for these inspection services is -$4,139.00 and is minimal in light of the project's magnitude. (See attached Camp Dresser and McKee Inc. proposal.) RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners- approve Change Order No. 2 with Diversified Drilling Corp., and the referenced engineering services with Camp Dresser and McKee Inc. 22 Mr. McCain informed the Board that the hydrologist is present today, and we are trying to come up with an acceptable method of continued drilling so that we have a balance between what we need for water quality versus what we need for quantity. It is a risk. Since we have about $95,000 in this project, he did not think it would be advisable to abandon the well at this point but rather that the proposed $4,139 would be a reasonable investment to bring the well to fruition. Commissioner Eggert commented that, although she does not know exactly why, she has had a bad feeling about this well from the beginning, and Commissioner Scurlock felt her uneasy feeling can be explained by the fact that we never have had a good well in this area. Commissioner Bowman agreed that you are flying in the face of history and believed that long time residents who have groves in this area can tell you that there is no water there. Commissioner Scurlock reminded the Board of the 16" raw water line coming across the Wabasso Bridge and stressed that he felt we really need to explore once again the possible use of that line, look into the necessary filters, etc., and see the cost/benefit ratio as this could give us an ultimate long range operation. He said this a year ago, and he is saying it again because he does not think you will find the water unless you move south on Jungle Trail. Commissioner Scurlock further explained that the water line he is referring to comes across from the Wabasso wellfields; it is used for irrigation; and he has had every indication to believe the people involved with that line would be receptive to exploring the -use of it. What we have tried was thought to be the most cost effective approach, but we certainly need to explore the use of that line and the pre-treatment required to find out whether or not it is a feasible alternative - possibly the numbers will indicate it won't work but we need to know. Commissioner Bowman agreed that we need to look at this for the long term. Utilities Director Pinto noted that we have been talking about the possible use of that line for ten years during which time it has been bouncing back and forth and owned by one group or another. He believed that at one point it was said very firmly that it is a private line and it will stay private. Commissioner Scurlock pointed out the fact that the line in question is on the bridge without a permit and has been, and, in fact, we have an item that will be coming on the agenda on the 17th from that particular group up there asking for us basically 23 EDOK .uE SEP 1991 M. 3 1991 BOOK to say that we don't regulate them - we are not interested in the franchise. Commissioner Scurlock felt we do have an ability in that regard and we should pursue it, especially with the concern of Lost Tree and the need for additional re -use water. Commissioner Eggert asked if they have said they needed to stay private since they drilled that well out on Gem Island. Director Pinto advised that we haven't talked to them in several months, and he understood they are talking about transferring the ownership of that line. Commissioner Scurlock did agree that the ownership of the line, etc., is quite complicated, but felt we should renew our efforts in that area. Director Pinto wanted everyone to understand that a meeting was held in his office with this group and their attorney, and we brought up about the bridge and no permit. They were to submit to this Board all the information that made their line a legitimate legal line, and we -were told not to do anything until that took place. Commissioner Scurlock advised that all we have gotten so far is proof of insurance, but in terms of any legitimacy for that line to be placed there, we have nothing. He noted that another important fact is that they do not have a R/W permit. Commissioner Bowman felt that our approach should be nego- tiation rather than litigation, and Commissioner Eggert believed we have had a change of players. Utilities Director Pinto further noted that this goes all the way back to the years when Gary Brandenburg was County Attorney, and we put them on notice that they should be franchised. Discussion followed as to whether the main people involved will be available for the meeting scheduled on September 17th. It was explained that John Morrison is heading up the group which has to do with the internal use of the effluent, but that is different than the club that owns the line. Discussion continued regarding the potential for mutual cooperation to legitimize the line and concern about the September date, and Attorney Vitunac advised that he would like to ask that the Town of Indian River Shores sign that agreement also as he was not comfortable with having the County make an agreement with J.I.W.S., Inc. without the Town's signature also. Chairman Bird asked that, in the meantime, the Board address the item before us in regard to approving the Change Order recommended by staff. 24 u _I i ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, Commissioner Bowman voting in opposition, the Board by a 4 to 1 vote approved Change Order No. 2 with Diversified Drilling Corp. and the referenced engineering services with CDM as recom- mended by staff. an%tru:tions on revorse side) CHANGE ORDER Two PROJECT: North Beach Wells DATE OF ISSUANCE: 0WNER: Indian River County 1840 25th Street (Nan1e. Vero Beach, FL 32960 Address) CONTRACTOR: Diversified Drilling Corp. Post Office Box 290699 Tampa, FL 33687-0699 CONTRACT FOR: OWNER's Project No. UW891ODC ENGINEER: Camp Dresser & McKee Inc. ENGINEER's Project No. N/A You are directed to snake the following changes in the Contract Documents. Description: We are adding additional standby time, grayel pack, and an additional test item (i.e., specific capacitance testing); and additional contract time required due to drilling conditions encountered.PAdmi -- Purpose ofChange Order. To facilitate final well drilling enFlYerCo. Approvedin. Attachments: (List documents supporting change) Payment form; note items 8, 9 and 10 Budget CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time s 183,242.00 3/14/91 days araw Previous Change Orders No 1 to No. Net change from previous Change Orders 9,843.00 S +110 days airs Contract Price prior to this Change Order Contract Ttme Prior to this Change Order S 193,085.00 7/03/91 Vr of d" Net Increase (decrease) of this Change Order Net Increase (decrease) of this Change Order s 4,600.00 +105 days ` days Contract Price with all approved Change Orders Contract Time with all approved Change Orders s 197,685.00 10/16/91 Orf a<data RECOMMENDED: APPROVED: by by Eao.w EJCDC No. 19104-8 (1983 Edition) SEP 3 pi Date APPROVED: 00 caay.aw J. r ann Diversified Drilling Corp. 25 BOOK f hlUt S� �� BOOK 8 FN,UE i C r _ CDM environmental engineers, scientists, planners, & management consultants July 30, 1991 Mr. William F. McCain Indian River County 1840 - 25th Street Vero Beach, Florida 32960 RE: North Beach Well a Dear Mr. McCain: CAMP DRESSER & McKEE INC. 660 Beachland Boulevard, Suite 202 Vero Beach, Florida 32963 407 231.4301 Fax: 407 2314332 AVG -------- CDM would be pleased to provide the services of a hydrogeologist. to assist you in the completion of Well No. 3 at the North Beach site. The Scope of Work would be as follows: 1 1991 Task 1 Review the logs, construction documents, test results, and construction activities that have been completed to date. Contact the driller and the County for additional information as required. This will take approximately 4 hours. Task 2 On site, a hydrogeologist will assist you in witnessing the completion of the well in 10 foot increments as proposed by the driller. The hydrogeologist will provide technical consulting to you during the drilling operation. However, since our hydrogeologist has not been on-site during construction activities to date., he will not take responsibility for the success or failure of the proposed drilling operation and the hydrogeologist's work will be on a "best effort" basis. We have budgeted two days of the hydrog6ologists time for this task, including travel time. A 72 -hour period for well development is scheduled between Task 2 and 3. Our hydrogeologist will not be on-site during this period. It is our understanding that County personnel will witness the well development. Task 3 After the well is developed, the hydrogeologist will return to the site and witness the step drawdown testing required by the construction contract. We -have budgeted one day for this task. Enclosed, as Attachment A, is the proposed project budget. We look forward to working with you to complete this well as early as possible. If you have any questions, please do not hesitate to contact our office. Very truly yours, CAMP DRESSER & McKEE INC. A William B. Suratt, P.E. Associate 26 s s F7 L-1 PROJECT PROJECT DESCRIPTION ATTACHMENT A PROJECT BUDGET - HYDROGEOLOGIC ASSISTANCE Indian River County North Beach RO WELL HYDROGEOLOGIST and ENGINEER will assist the County in witnessing the completion of the North Beach RO Well No. 3. ENGINEERING SERVICE Budget for hydrogeologic assistance. Category Officer (ENEV-9) 7 Associate Engineer (ENEV-8) Hydrogeologist Clerical Direct Salary Cost Indirect Salary Cost (Fringe Benefit) 0.365 x direct labor Hours 8 36 4 48 Total Payroll $1,638 Payroll Times Multiplier 2.30 Other Direct Costs Phone, mileage, two nights lodging, etc. Upper Limit for Hydrogeologist Assistance Total $1,200 43$ 3,764 375 $4,139 RELEASE - ( LEASE BUY-OUT OF REINMAN, HARRELL) The Board reviewed memo from Asst. County Attorney O'Brien: TO: Board of County Commissioners y�� FROM: Terrence P. O'Brien - Assistant County Attorney r �/m DATE: August 22, 1991 RE: RELEASE As part of the land acquisition program for the courthouse, one of the purchased properties was taken subject to a lease by the law firm of Reinman, Harrell. A settlement was reached on the lease buy out. The law firm has asked that the County execute the attached Release. There is no legal objection to execution of said Release. Recommendation: Authorize the Chairman to sign the Release on behalf of the Board. 27 SEP 1BOOK F�''uC ��1 � r SEP 3IiW JAMES L. REINMAN� WILLIAM H. HARRELL ANDREW A. GRAHAM BRUCE A. MITCHELL KAREN H. MITCHELL ROBERT W. WATTWOOD ROBERT M. MOLETTEIRE C. SCOTT HESTER !HERBERT T. SCHWARTZ KURT D- PANOUSES PAUL IL GOUOELMAN, III NANCY BASILE .DAVID JOSEPH VOLK ALAN H. LANDMAN BOOK �4 1,,,,,E � r, A LAW OFFICES REINMANI HARRELL/ GRAHAM, MITCHELL & WATTWOOD A PROFESSIONAL ASSOCIATION MICHAEL R. RIRMENSCHNEIDER MAUREEN MONAGHAN 14ATHESON MORGAN J. LAUB JEFFREY F. MAHL JOHN J. KABBOORD, JR. JAMES M. O'BRIEN MIGUEL A. OLIVELLA, JR. KEVIN P. MARKEY JAMES H. RICHEY STEVEN IL CLARK DANIEL B. FOWLER JOHN R. KANCILSA KATHRYN A. VAUGHAN DONALD F. BLACK August 13, 1991 1826 SOUTH RIVERVIEW DRIVE MELBOURNE, FLORIDA 02901 (407) 724-4460 FAX (407) 676-0729 SUITE no 776 EAST MERRITT ISLAND CAUSEWAY MERRITT ISLAND, FLORIDA D2962 (407) 463-4081 VAI, (407) 460-7262 j PLEASE REPLT TO MELBOURNE Al 18 1�4 Terrence O'Brien, Esquire Assistant County Attorney 1840 25th Street Vero Beach, Florida 32960 RE: Reinman; Harrell, et al. Lease Agreement �n Dear Mr. O'Brien: l This letter is to acknowledge receipt of your letter dated July 26, 1991 (received by the undersigned on July 29, 1991), enclosing your check in the amount of $3,500.00 for settlement of the above -referenced Lease Agreement. Please find enclosed a Release to be executed by the County of Indian Rivet with regard to said Lease Agreement_. Upon execution of same, I would ask that you return the original Release to me and I will then execute the bottom portion of your letter dated July 26, 1991, to acknowledge settlement of this matter. If you should have any questions regarding the enclosed, please do not hesitate to contact me. Thank you for your cooperation in this matter. Sincerely yours, REINMAN, HARRELL, GRAHAM, MITCHELL & WATTWOOD, P.A. C �A-_ C. SCOTT HESTER ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Scurlock, the Board unanimously authorized the Chairman to execute Release as requested by law firm of Reinman, Harrell and described above. (COPY OF SAID DOCUMENT NOW RECEIVED AND ON FILE IN THE OFFICE OF CLERK TO THE BOARD) 28 I DISCUSSION - TRAIN WHISTLES Attorney Vitunac reviewed the following memo: TO: BOARD OF COUNTY COMMISSIONERS FROM: Charles P. Vitunac, County Attorney DATE: August 28, 1991 RE: TRAIN WHISTLES Attached to this memorandum is a capitulation of the efforts by the Florida Association of Counties, Florida League of Cities, and Palm Beach County regarding contesting the federal ruling that trains must blow their whistles at night in Indian River County. In short, there is At present no concerted effort to contest the federal ruling from those three agencies. However, our office has just received a Notice of a Petition from the Federal Department of Transportation which indicates that the City of Hollywood, Florida, did file a Petition to Review the Federal Emergency Order, and that all interested parties are allowed to 4 intervene in the Petition hearing if they file a Petition by August .30, ':;'1991... , s Since our office received this notice on August 28, and there would be no time to bring the matter before the Board for formal authority to intervene, I have filed a Notice of Petition to Intervene by the deadline with the Washington, D.C. office of the DOT. This will vest the County's right to intervene if the Board of County Commissioners so " .: ':desires. If the Board decides against intervening, it will be a .simple . matter to .drop, out of the hearing. , Pursuant to the notice from the federal government, there will be a hearing on September 13, 1991, somewhere in Florida at a federal facility, and if the Board is interested in intervening our County could participate at that time. REQUEST: Request direction from the Board of County Commissioners on whether to withdraw from the rule contest or participate in the rule challenge., Attorney Vitunac informed the Board that since writing the above, he has learned that Lake Worth is joining in also. Commissioners Eggert and Scurlock both indicated that they felt that the League of Cities had not dropped out. Attorney Vitunac advised that Asst. County Attorney O'Brien called up there a week ago, and they said the formal resolution was not adopted because there was a split of opinion, but things are happening very fast. Commissioner Eggert inquired about the cost involved for us to pursue contesting the federal ruling. Attorney Vitunac replied that we need to get facts together on accidents etc., and outside of that, there is just travel costs. Since the line runs from Jacksonville to Miami, the meeting probably will be held somewhere on the east coast. �� �� 29 BOOK PA.GE.j _I 3EP 3 M1 X001{ � Commissioner Scurlock asked about presenting something in writing instead of in person, but Commissioner Wheeler expressed his feeling --that it would be more effective to have someone at the Petition hearing to argue for us. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Wheeler to authorize the County Attorney to appear at the Petition hearing and also submit written documentation. Chairman Bird noted that he will vote against the proposed Motion. He was not present at the meeting when this was discussed, and he personally is not in favor of banning train whistles. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried 4 to 1 with Chairman Bird voting in opposition. APPOINTMENT TO TOURIST_ DEVELOPMENT_ COUNCIL Commissioner Wheeler referred the Board to the following application and recommended appointment of Kevin Crowe to the Tourist Development Council: 2 aA&-t CM& 14415 US #1 SEBASTIAN, FLORIDA 32958 305-589-4546 `- - ' V6 AUr 1.vgqi so celveo COO RD COUNTY lssloNE1rc p lkN Mr. Gary Wheeler, Chairman Indian River County Tourist Development Council 1840 25th Street Vero Beach, FL 32960 Mr. Wheeler, July 10, 1991 DISTRIPUTION LIST Comn..:-',.3loners r V Adm`: ;"strator Attorney Pek-sonnel .,;.:Public Works Comi'lunity .:cv. Utilities Finance other TDA I respectfully request consideration for appointment to the County Tourist Development Council. My resume is enclosed. My interest in serving on the Tourist Council stems from my employment with the Sandrift Motel, and my service on the Cham- ber of Commerce Tourist Advisory Board. I have been affiliated 30 with the Sandrift for the past five years in the capacity of assistant manager. I have served on the Tourist Advisory Board since February of this year. I believe I can make a contribution as a member of the Tourist Development Council, and also bring a''North County' viewpoint to the Council. With the -decline of the fishing industry in our part of the county, I feel the promotion of tourism and rec- reation -related industry can help to fill the void in the econo- my. I also believe that tourism is one of the truly 'clean' industries any community desires, and we should work very hard to take advantage of what nature has bestowed upon our area. Please contact"me if you require any additional information. i rel D. Crowe ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously approved the appointment of Kevin Crowe to the Tourist Development Council. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment, the Board of County Commissioners would reconvene acting as the District 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 9:35 o'clock A.M. ATTEST: \ u �r 31 SEP 31991 Chairman mom 8 4 rf�� dbu'