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HomeMy WebLinkAbout8/3/1993MINUTES ATTACIILll� BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, AUGUST 3, 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) James E. Chandler, County Administrator John W. Tippin, Vice Chairman (Dist. 4) Fran B. Adams (Dist. 1) Charles P. Vitunac, County Attorney Carolyn K. Eggert ( Dist. 2 ) Kenneth R. Macht (Dist. 3) Jeffrey K. Barton, Clerk to the Board 9:00 A.M. 1. CALL TO ORDER PAGE 2. INVOCATION - 3. PLEDGE OF ALLEGIANCE - Comm. Fran B. Adams `f 4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS 5. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES A. Regular Meeting of July 6, 1993 B. Regular Meeting of July 13, 1993 7. CONSENT AGENDA A. Approval for Out -Of -County Travel for Fran Adams to attend Fla. Shore E Beach Preser- vation Assoc. Annual Meeting, Sept. 1-3, 193 B. Approval for Out -of -County Travel for Alice White to attend Records Management Seminar in Pompano Beach, Aug. 23-24, 193 (memorandum dated July 27, 1993) C. Liaison Between County E Commission on Ethics (memorandum dated July 27, 1993) D. County Tax Deed Applications (memorandum dated July 22, 1993) E. Release of Utility Liens ( memorandum dated July 26, 1993 ) AUG - 31993 Boo. !Q f l.UF 1® AUG BOOK 90 PACE 106 3 1993 7. CONSENT AGENDA (cont'!-: F. Indian River Correctional Institution / Public Works Agreement (memorandum dated July 28, 1993) G. Anti -Drug Abuse Grant Funding - Potential Reduction (memorandum dated July 28, 1993) H. Cancellation of Outstanding Taxes / Properties Purchased for County Use (memorandum dated July 27, 1993) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a. m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS None 10. COUNTY ADMINISTRATOR'S MATTERS _ Air Quality Study ( memorandum dated July 26, 1993 ) 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 1994 Holiday Schedule (memorandum dated July 22, 1993) M M M 11. DEPARTMENTAL MATTERS (cont'd. ):_ G. PUBLIC WORKS -As -Built Resolution & Assessment Roll for Paving S Drainage Improvements to: 33rd Ave. SW Between 15th St. SW and 13th St .• SW in Grovenor Estates Subdivision (memorandum dated July 21, 1993) H. UTILITIES 1. Sludge/Septage Facility ( memorandum dated July 22, 1993 ) 2. Water Expansion Plan, Ph. II, Contract "C" (memorandum dated July 26, 1993) 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. CHAIRMAN RICHARD N. BIRD B. VICE CHAIRMAN JOHN W. TIPPIN C. COMMISSIONER FRAN B. ADAMS D. COMMISSIONER CAROLYN K. EGGERT E. COMMISSIONER KENNETH R. MACHT 14. SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT 1. Approval of Minutes - Meeting of 7/6/93 2. City of Fellsmere Request for Donation of Surplus Vehicle (memorandum dated July 27, 1993) AUG ® 31993 IC BOOK 90 PAGE 107 BOOK'90FrAUG m 319 108 14. SPECIAL DISTRICTS (contd.): B. SOLID WASTE DISPOSAL DISTRICT 1. Approval of Minutes - Meeting of 7/6/93 2. Approval of Minutes - Meeting of 7/13/93 3. Approval of Minutes - Meeting of 7/20/93 4. Approval of Minutes - Meeting of 7/21/93 5. Award Bid #3108 / Steel Building (memorandum dated July 20, 1993) _ 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. 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, August 3, 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, August 3, 1993, at 9:00 o'clock A.M. Present were Richard N. Bird, Chairman; John W. Tippin, Vice Chairman; Fran B. Adams; and Carolyn K. Eggert. Commissioner Kenneth R. Macht was absent due to illness. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order. Joseph Brooks, Pastor of 20th Avenue Church of God, gave the invocation, and Commissioner Adams led the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The Chairman asked if there any corrections or additions to the Minutes of the Regular Meetings of July 6, 1993 or July 13, 1993. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht being absent) approved the Minutes of the Regular Meetings of 7/6/93 and 7/13/93, as written. 11 CONSENT AGENDA A. Approval of Out -of -County Travel for Commissioner Adams ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht being absent) approved out -of - county travel for Commissioner Adams to attend Fla. Shore & Beach Preservation Assoc. Annual Meeting, September 1-3, 1993. AUG 3 1993 BOOK 90 FA 109 r AUG - 31993 BOOK 90 PAGE 110 B. Approval of Out -of -County Travel for Alice White The Board reviewed the following memo dated 7/27/93: DATE July 27, 1993 TO Board of County Commissioners FROM Alice E. White Admin. Aide to the Board I am requesting approval to attend a two day seminar on records management strategies for disaster preparedness. Registration for the seminar is free. It will be held August 23-24 in Pompano Beach, Florida. Jan Masi will be in charge of the office in my absence. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht being absent) approved out -of - county travel for Alice White to attend Records Management Seminar in Pompano Beach, August 23-24, 1993. C. Liaison Between County & Commission on Ethics - Alice White The Board reviewed the following memo dated 7/27/93: DATE: ' July 27, 1993 TO: Board of County Commission FROM: Alice E. White Administrative Aide to the Board SUBJECT: Liaison between County and Commission on Ethics While reviewing our master committee appointment list, I found that Liz Forlani is still listed as Liaison between the County and the Commission on Ethics. One of the duties of this position is to see that appropriate people file financial disclosure forms. I would be happy to serve in this capacity if the Board desires. 2 � A � ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht being absent) appointed Alice White as the liaison between County and Commission on Ethics. D. County Tax Deed Applications The Board reviewed the following memo dated 7/22/93: TO: Board of County Commissioners *La., 2. FROM: Lea R. Keller, CLA, County Attorney's Office THRU: Charles P. Vitunac, County Attorney DATE: July 22, 1993 RE: COUNTY TAX DEED APPLICATIONS Indian River County Tax Collector, Mr. Karl Zimmermann, has notified this office that there are 75 tax certificates held by the County which are eligible for tax deed applications this year; therefore, it is necessary for the Board to sign the attached applications and then return them to the Tax Collector along with $5,625 ($75 per parcel/20-year title search fee). REQUESTED ACTION: Staff recommends that the Board authorize the payment of the above funds to the Tax Collector and the Chairman's signing the attached tax deed applications on behalf of the County. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht being absent) authorized the payment of funds to the Tax Collector, as set out in the above staff recommendation. TAX DEED APPLICATIONS WERE SEAT TO THE TAX COLLECTOR'S OFFICE I AUG - 31993 BOOK 90 Pv'F111 AUG ® 31993 BOOK 90 PAGE 112 E. Release of Utility Liens The Board reviewed the following memo dated 7/26/93: TO: BOARD OF COUNTY COMMISSIONERS FROM: Lea R. Keller, CLA, County Attorney's Office DATE: July 26, 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: S. Mira Flores 1. Blue Cypress DOHLBERG 16. Twelfth Street 9. Phase I 10. Phase II ARGUELLES EARLYWINE KOENIG DRITENBAS CLAYTON CASSARA (2) MCCOY MOOREHEAD ELLIOTT HARRISON MCGHEE 2. Breezewood HOGAN MEZZINA GRANDAGE JUSTICE RICHARDS (2) SHEEHAN 11. Pinewood 3. Citrus Gardens BRANIGAN COUGHLIN CAPAK (2) - 4. Courtside 12. Royal Poinciana FILOSA HESSEN PERNICIARO 5. Eighth Street 13. Shady Oaks SHRODER KOLB 6._ Glendale Lakes MARSHALL (second) WOODS EARMAN 14. SR #60 - Sewers HOWARD KENNEY HERON CAY WILLHOIT 37 Calypso Cay 7. Lone Palm 15. Summerplace RYAN ELLIS SENNETT S. Mira Flores DOHLBERG 16. Twelfth Street 9. Phase I CLOVIS COOLEY EARLYWINE KOENIG DRITENBAS ELLIS/SMITH MOFFETT DUPUIS GERGELY MOOREHEAD ELLIOTT HILL 17. Wood Hollow GRANDAGE 4 JENKINS KEIE KESSLER MONROE (3) OPPER PUDERER REICHART SCHRUPMM ( 2 ) ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht being absent) approved the release of the above listed utility liens, as recommended by staff. RELEASES ARE ON FILE IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY F. I.R. Correctional Institution Aareement with County Public Works The Board reviewed the following memo dated 7/28/93; TO: Board of County Commissioners DATE: July 28, 1993 FILE: THRU: James E. Chandler County Administrator SUBJECT' Indian River Correctional Institution Public Works Agreement . Randy Dowling FROM. Asst. to county Admin. REFERENCES: The County Administrator's Office received a letter dated July 26, 1993 from the Indian River Correctional Institution requesting approval of their annual public works agreement with the county that allows their inmates to work at the county's landfill, parks, and Sandridge Golf Course. The inmates will continue to provide recycling services at the landfill and lawn maintenance at the parks and golf course. This contract is the same as last years with no changes. The estimated cost of this program is minimal, mainly providing transportation 'for several inmates from the correctional institution to the place of work and back. County staff recommends that the Board approve and authorize the Chairman to sign the contract. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht being absent) approved the Florida Department of Corrections Interagency/ Public Works Agreement, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 5 L- AUG - 3 1993 BOOK 90 113 AUG - 31993 Boa 90 Fncr 114 G. Anti -Drug Abuse Grant Funding - Letter of Concern The Board reviewed the following memo dated 7/27/93: TO: Board of County Commissioners DATE: July 27, 1993 FILE: THRIJ: James E. Chandler County Administrator SUBJECT: Anti -Drug Abuse Grant Funding �? FROM: Randy Dowling` REFERENCES: Ass t. to Co. Admin. The County Administrator's Office received a letter from the Florida Department of Community Affairs (FDCA) dated July 22, 1993 notifying the county of a potential reduction in Anti -Drug Abuse Grant funds for FY 1994. The Board, during their June 1, 1993 meeting, approved five grant applications totaling $185,088 to begin October 1, 1993. Of that total, $138,816 -(75%) is the state's share and $46,272 (25%) is the county's matching share. If this reduction is implemented, the total available would be $137,264. Of that _total, $102,948 (75%) would be the state's share and $34,316 (25%) would be the county's matching share.. This reduction represents a 26% decrease. The letter further encourages the Board to express their concerns to Senators Bob Graham and Connie Mack. Staff recommends that the Board approve and authorize the Chairman to sign the attached letter of concern. 2 Telephone: (407) 567-8000 August 3, 1993 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 Senator Bob Graham 241 Dirksen Senate Office Building Washington, D.C. 20510 Dear Senator Graham: Suncom Telephone: 224-1011 The Indian River Board of County Commissioners strongly supports the Drug Control and System Improvement Formula Grant Program administered by the U.S. Department of Justice, Bureau of Justice Assistance, and requests that these funds not be reduced. This fine program provides the citizens of Indian River County with a First Start Program to assist at -risk children, a Just Say No Program to teach school-age children the dangers of drugs, and a substance abuse counseling program within the county jail. Without these funds, the county could not continue these worthwhile programs. Thank you for your consideration. Very truly yours, xze � 4t Richard N. Bird, Chairman Board of County Commissioners ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht being absent) authorized the Chairman to sign the letter of concern, as set out in the above staff recommendation. 7 K! OK gni Fo-, BOOK 90 1 r jF 116 AUG - 31993 H. Cancellation of Outstanding Taxes - Properties Purchased for County Use The Board reviewed the following memo dated 7/27/93: TO: BOARD OF COUNTY COMMISSIONERS *0-, Oa_ 1;4/k� FROM: Lea R. Keller, CLA, County Attorney's Office DATE: July 27, 1993 RE: CANCELLATION OF OUTSTANDING TABES PROPERTIES PURCHASED FOR COUNTY USE The County recently acquired some parcels of land and rights-of-way, and, pursuant to Section 196.28, Florida Statutes, the Board of County Commissioners is allowed to cancel- and discharge any taxes owed on the portion of the property acquired for public purposes. Such cancellation must be done by resolution of the Board with a certified copy being forwarded to the Tax Collector. REQUESTED ACTION: Board authorize the Chairman to sign the attached resolutions cancelling taxes upon lands the County recently acquired. Attachments: Resolutions (1) Kilbourne -C. Arnsmeier at ux R/W for Oslo Rd. (2) Lynn Charles Brooker et ux R/W for Oslo Rd. a Old Dixie Hwy. (3) Bertha M. Houdyshell R/W - Oslo Road a Old Dixie Hwy. (4).George A. Yates et ux R/W - 4th Street Bike Path (5) Stanley Plato Kirby Jr. et ux -R/W - 33rd Street ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously (4-0, Commissioner Macht being absent) adopted Resolutions 93-127, 93-128, 93-129, 93-130, and 93-131, cancelling certain delinquent taxes upon publicly - owned lands, pursuant to Section 196.28, Florida Statutes. 8 Re: R/W - Oslo Road - Pt of W 10 Ac of Tract 13 of Sec. 21/338/39E ARNSMEIER, MILBOURNE C. et ux RESOLUTION NO. 93- 12 7 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for 'road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for .taxes, delinquent or current, against the property described in O.A. Book 980, Page 656, which was recently acquired by Indian River County for right of way purposes on Oslo Road east of Rings Highway, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner V_ggp-rj 01vv—�— and the motion was seconded by Commissioner T_ ppi-n , and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman John W. Tippin Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Absent The Chairman thereupon declared the resolution duly passed and adopted this 3rd day of August , 1993. Attest: 1 Jeffrey K. Barton, Cler AttacZent: Deed 9 L- AUG - 31993 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 0010 By Richard N. Bird Chairman bov 90 F,, F 117 r AUB - 31993 BOOK 90 PAGE 118 Re: R/W - Oslo Road & Old Dixie Hwy. rarcel #115(30-33-40-00000-3000-00018.1 BROOKER, Lynn Charles & Barbara Sue RESOLUTION NO. 93= *128 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 979, Page 440, which was recently acquired by Indian River County for right of way purposes on Oslo Road and Old Dixie highway, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Eggert and the motion was seconded by Commissioner Tib in , and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman John W. Tippin Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Absent The Chairman thereupon declared the resolution duly passed and adopted this qrd day of p„g,nt , 1993. Attest: Jeffry K. Ba n, Cl -k ib Attachment: Deed BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By ✓� Richard N. Bird Chairman �I Re: R/W - Oslo Road & Old Dixie Hwy. Parcel #118,30-33-40-00000-3000-00011.0 HOUDYSHELL, Bertha M. RESOLUTION NO. 93- 129 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 974, Page 2487, which was recently acquired by Indian River County for right of way purposes on Oslo Road and Old Dixie Highway, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner . Tipp in , and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman .John W. Tippin Aye Commissioner Carolyn R. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Absent The Chairman thereupon declared the resolution duly passed and adopted this qr,q day of August , 1993. Attest: Jeffrey K. Bart n, C1 p'C _ Attachment: Deed L_AUG - 31993 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By ".4-��/ Richard N. Bird Chairman BOOK 90 F'nuE119 r -m - 31993 BOOK 90 FAGAN Re: R/W -4th Street Bike Path Parcel #15-33-39-00001-0080-00024.0 YATES, George A. & Jean C. (2nd Purchase) RESOLUTION NO. 93- 13.0 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, 'reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the .records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 981, Page 2170, which was recently acquired by Indian River County for right of way purposes for the 4th Street Bike Path, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Eggpri— , and the motion was seconded by Commissioner Tjpj2iII , and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman John W. Tippin Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Absent The Chairman thereupon declared the resolution duly passed and adopted this 'Ird day of AijgUQfi , 1993. Attest: Jeffrey Barton lark ? � G, rst , At achment: Deed BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By /1 •- Richard N. Bird 12 Chairman Re: R/W - 33rd Street Parcel #01-0060-001.0 (32/32/39) KIRBY, Stanley Plato Jr. & Beneta T. RESOLUTION NO. 93- 131 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY -OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and" to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes, delinquent or current, against the property described in O.R. Book 979, Page 430, which was recently acquired by Indian River County for right of way purposes on 33rd Street, are hereby cancelled, pursuant to the authority of section 196.28, F.S. The resolution was moved for adoption by Commissioner Eggert and the motion was seconded by Commissioner Tipp in , and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman John W. Tippin Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Absent The Chairman thereupon declared the resolution duly passed and adopted this 3,-tj day of Aligii t , 1993. Attest: Jeffrey K. Barton, Cl `J 13 Attachment: Deed BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ByC'?g .. 2 �;' Richard N. Bird Chairman ,AUG ® 3 1993 BOOK 90 PgGE?I AUG ® 3 1993 BOOK 90 PnF 122 AIR QUALITY STUDY - UTILITIES DEPARTMENT The Board reviewed the following memo and petition dated 7/20/93: v. , DATE: JULY 20, 1993 TO. BOARD OF COUNTY COMMIS ONERS-.;l;` THRU: TERRANCE G. PINTO DIRECTOR OF UTILI SERVICES FROM: CINDY E. WHITE/Not FRANCHISE COORDINATOR DEPARTMENT OF UTILITY SERVICES SUBJECT: PETITION FOR AIR-QUALITY STUDY I have attached a petition for an air quality study, due to the increasing number of complaints that are being voiced by members of the Utilities and Solid Waste Disposal District Departments. Any assistance you can render regarding this situation would be very much appreciated. *0_CJ c We, the occupants of the Utilities and Solid Waste Disposal District Departments located in the Indian River County Administration Building, have become increasingly aware of health problems that we feel are associated with "sick building syndrome." Symptoms include, but are not limited to, frequent headaches, burning/itching eyes, fatigue, coughing, and shortness of breath. These problems decrease 2r, entirely disappear upon exiting this building. In addition to these problems, nauseating odors are frequently present in the department, despite numerous cleanings of the air conditioner vents and filters and the application of air freshener solutions. Due to the potential health hazard of working in these offices, we, the employees of the Indian River County Utilities and Solid Waste Disposal District Departments,, request that the Board of County Commissioners approve a study to investigate the air ality problems that are currently present (and 4increasing) in our icese 14 d �;a A !!"', County Administrator Jim Chandler recommended that we go out to bid on an air quality study of the Utilities' and Solid Waste offices in the Administration Building. Since 1988 we have received continuing complaints from the employees about the air quality and odor within those offices resulting in such symptoms as burning eyes, running nose, headaches, nausea, etc. We have had four air quality studies done since 1988; two were done by the Health Department and two were done by outside agencies. In each instance the studies found there was nothing above acceptable limits in terms of air quality and in terms of the health of the employees in that particular area of the building. A few suggestions were made for improvement and we have done those things which include fresh -air intake, removal of floor tiling, and improvements in maintenance. As complaints were received, we would respond to them internally through Building & Grounds and Risk Management. Attempts were made to identify the problem and determine what needed to be done t0; correct it, such as installing a new air vent in a restroom. The last study was done in January, 1992, by an outside firm and they also found everything was within acceptable limits. Their recommended modifications were made. 15 BOOK 90 FAUE123 r AUG ® 3 BOOK 9 F'nE124 Administrator Chandler reported that recently we received a petition from 33 employees in the Utilities Department and the Solid Waste Disposal District office requesting another air quality study of their offices. From a technical standpoint, it is difficult to justify to the Board that another study be done in view of the results of the prior studies. However, it is difficult to dismiss the fact that we do have continuing complaints and we do not think the complaints are fabricated or frivolous. Therefore, we are recommending another study of the Utilities' area, and, hopefully, it will be the study to end all studies on the problem. Administrator Chandler did not feel there is a need to do a study of the overall building. TO: James Chandler, County Administrator THRU: Jack Price, Personnel Director '-� FROM: Beth Jordan, Risk Manager k----' DATE: 2 August 1993 SUBJECT: Indoor Air Quality Testing; Administration Building We have received two (2) estimates for indoor air quality testing for the entire County Administration Building. Clayton Environmental Consultants, Kennesaw, Georgia, has estimated $32,725.00 as a base price, with $400.00 per .sample for volatile organic compounds (VOCs) if plate counts warrant such testing. Environmental Consulting & Technology, Inc., Tampa, has estimated $21,150.00 as a base price, with $34.00 per sample for VOCs. We have received an estimate from EE & G, Deerfield Beach, to perform indoor air quality testing throughout the County Administration Building for $23,920.00, plus $85.00 per sample for volatile organic compounds if necessary. Please let us know if you have additional questions. 16 � � a TO: James Chandler, County Administrator THRU: Jack Price, Personnel Director FROM: Beth Jordan, risk Manager i Pr DATE: 28 July 1993 SUBJECT: Indoor Air Quality Preliminary Testing Costs During the past several days, we have contacted five (5) environmental firms and requested cost estimates for performing indoor air quality testing by a Certified Industrial Hygienist using NIOSH protocols. To date, three (3) have responded with price estimates for the approximately 6,000 square foot Utir'i les' area We have requested, but as yet have not received, estimates for the entire building. EE & G. Deerfield Beach, currently purchasing Environpact which previously conducted bulk testing, $4,950. Clayton Environmental, Kennesaw, Georgia, $12,900. ECT, Tampa, which tested in 1992, $8,000. We have been advised by Honeywell and ESE that they will also give us an estimate. Commissioner Adams felt if we decide to go with another study, we should not use any of the firms that did the prior studies. Administrator Chandler felt we need to go out to bid on the open market, but was concerned about contracting with any of the firms that did the prior studies. Commissioner Tippin questioned whether another study and any suggested improvements would solve the problem. He wondered if a sick building wasn't the "in" thing to have. Administrator Chandler stressed that there have been continuing complaints from the Utilities' area. Commissioner Eggert noted that this last year in Florida has been unusually hard on people with allergies and respiratory ailments. However, she felt we would be remiss if we didn't do a partial study. Chairman Bird was in favor of doing at least a partial study with an independent firm that hasn't done any prior studies here. In addition, he was in favor of granting Director Pinto's request for the installation of a separate air-conditioning unit in the outside wall of his office, which would not be a real costly 1'7 AUG m 31993 BOOK 90 F.n 125 AUG - 3 1993 BOOK 90 FArF. 126 matter. He felt we need our Utilities Director in this building if there is any way to put him in this building and keep him here without endangering his health. Administrator Chandler agreed that it would be worthwhile to do that, but pointed out that a window unit may pull in exhaust fumes from trucks out on the loading dock. Commissioner Adams agreed that a window unit might solve Director Pinto's problem, but asked what could be done about the rest of the people in Utilities. Administrator Chandler advised that Director Pinto's situation is a little different than the rest of the people in the office. He has filed a Workers' Compensation claim and both the Workers' Comp doctor and his personal doctor have said that he has a condition that is not common to the rest of the office populace, that he has an allergy which is triggered by something in that office. Chairman Bird pointed out that if Director Pinto's condition improves under the independent air system, it would point a finger at the central system with regard to the rest of the employees. Utilities Director Terry Pinto stressed that this matter has been kicking around for a long time and it is serious. He distributed the following letter from the Workers' Comp doctor dated November 15, 1991: STEVEN L. KAGEN. M.D. ALLERGY AND ASTHMA SPECIALIST Diplomate American Board Allam/Immunology November 15, 1991 Mr. Terrance Pinto 4604 Sunset Drive Vero Beach, FL 32963 Dear Mr. Pinto: Diplomat. American Board Internal Medicine I have received a copy of your pulmonary function studies done before and after workplace exposure to the air at your workplace. Your pulmonary function studies do suggest a significant reduction in all lung compartments after being exposed to your workplace air. The lung function studies specifically indicate an interstitial, or deep within the lung compartments, involvement with regard to your possible lung disease. 18 It remains my expert medical opinion that the workplace which you are exposed to is dangerous to your health and needs to be re- engineered such that mold and other sensitizing agents are totally removed from the workplace environment. As your allergy/asthma consultant, I would strongly urge you to totally avoid breathing the air in your old workplace site. Should any questions arise, please feel free to contact me. mew cc: Wayne Sinclair, M.D. Doctors Clinic 2300 5th Ave. Vero Beach, FL 32960 Best regards, 5�1 � I (A) Steven L. K en, M.D. Mr. Bob Meyers Fla League of Cities P. O. Box 530065 Orlando, FL 32853-0065 Ms. Cary Shegda Bernard Grall, Esquire ISAC P. O. Box 2110 P. O. Box 16-6005 Vero Beach, FL 32961-2110 Altamonte Springs, FL 32716 1700 S.E. Hillmoore Drive Port St. Lucie, Florida 34952 (407)335-9355 Director Pinto emphasized that the above letter is from the Workers' Comp doctor that he was sent to, not his personal doctor. When this whole thing started, his personal doctor treated him for pleurisy and he received hospital care. His doctor suggested that there might be an air problem in his workplace. The County sent him to a doctor in the Doctors' Clinic who also said there is a major problem in the office. Director Pinto presented the following memo dated 7/21/93 and note from his personal doctor dated 7/20/93: J " DATE: JULY 21, 1993 b TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR rl ; ., c FROM: TERRANCE G. P DIRECTOR OF UTI SERVICES SUBJECT: HEALTH PROBLEMS On Tuesday, July 20, I had an examination by Dr. Sinclair. His examination indicated that my respiratory problem has taken a turn 1'9 L- AUG - 31993 BOOK 90 r,�,r 127 AUG ® 31993 BOOK 90 PACE 128 for the worse. Because of this, the doctor has directed me to stay out of work for at least two weeks, which I intend to do. on August 3, I am scheduled for more tests. Because Ito have rove thee that air qualityy, I am making donething can be with following is building P suggestions: 1. My office should be taken off theshoulcentral airconditioning i i nine system and an air conditioner Placed outside wall. The air conditioner should be of the type that filters air and provides outside air exchange. 2. I will avoid meeting anywhere in the building outside ing office. I can attend commission meetings only by e the front door. This may seem extreme, but I must now be considering my health and obligation to my family first. I will maintain contact with my office from my home (telephone number: 231-2815). I have attached a short note from the doctor. WAWA 0.804M UR, M.D. At NW. AX"WA i bURNOLOW a BAM= STMU KE PAW BAY. FL MM 107-M1Y38 10f-7?Z-1W4 N "R DATE 'Olt oLMW � RMII tlaw PRN M.D. TO Ww nam• pewar7bp must wft Wodie* NloonmW an on pna 4pd �M O8MA1089051 Director Pinto emphasized that there have been people in the office from the FBI to members of the public who can't wait to leave because of burning eyes and irritation to the throat. He pointed out that substantial measures have been taken to filter air for the copy machine in the Utilities' office, but the county is reluctant to do something for the people in the office. W _I Director Pinto didn't agree that the reports of the studies say there wasn't a problem. The Enviropact report says there is mold growing on the ceiling and vents and the study by the Health Department report says there is a strong urine odor. Those are problems! This morning there is a pan in the middle of the hallway down there collecting drips from the ceiling, which means there will be more mold. The summary of the report on the last study says that only a limited sampling was taken of the air quality. Director Pinto noted that if one of the County's water consultants wrote such an incomplete report, he would fire him. One report states that the consultants didn't recall whether or not there were stains on the carpet, and Director Pinto wondered what kind of a scientific firm would put that in their report. He felt that a further study should not be bid out. He urged the Board to follow the same process used in hiring an engineering consulting firm where you go through a request for proposal, interview them and get the best qualified firm, and then negotiate the price. This is not a bid type item, because with this type of work you get what you pay for. There should be a composite sampling over an extended period of time, even seasonal samplings. Director Pinto believed that his own dedication to the job will be the d-eath of him, not just because of his illness but because the Workers' Comp people will say he is sick because he continued to work against his doctor's orders. This building has a problem, and he is very nervous about his health. The Workers' Comp doctor said that his lung capacity has decreased by 30 percent just since his last visit. He stressed that he wasn't arguing for a raise in salary, he was arguing for his lungs. In answer to Chairman Bird's question, Director Pinto urged the Board to have the entire building checked out. Other areas of the building have a rank smell such as Attorney Collins' office. Director Pinto felt that other people in the building are afraid to come forward because they value their jobs. He would be fine with the separate air conditioning unit, but he felt the whole building should be done. Administrator Chandler took offense at the statement that measures have not been taken because we have responded to each and every complaint by going down there, sending Risk Management to check it out, and having maintenance attend to it. He emphasized that we have addressed the problem continually. We have encouraged people to tell us if there is a problem in their area. 21 AUG - 3 1993 AUG m 31993 BOOK �® Ft1ur Director Pinto asserted that when the roof leaks and there is mildew growing, it means there is a problem. Just because it is cleaned up once doesn't mean the problem is solved. You have to go back and do it again and keep on doing it. Administrator Chandler responded that the ceiling tiles.have been taken down in order to check out the mildew. Director Pinto argued that it has to go further than the maintenance men going around thinking they are doing what needs to be done. Commissioner Eggert noted that when you enter the building on Monday mornings, there is a strong mildew odor, and wondered if turning down the air conditioning on the weekends was really cost effective considering the increased growth of mold. Director Pinto emphasized that is why we a complete study is needed. Although the report states there is not a problem, the summary of the report states there is a problem. Administrator Chandler interjected that in each instance we have done whatever the report said should be done. Risk Manager Beth Jordan presented the following memo dated 7/23/93: TO: James E. Chandler, County Adminis,rator TSRU: Jack Price, Personnel Director�� FROM: Beth Jordan, Risk Manage DATE: 23 July 1993 SUW CT: Air Quality Testing We have recently become aware of a request for additional air quality testing in the portion of the County Administration Building occupied by Utility Services and the Solid Waste Disposal District. To date, four '(4) indoor air quality tests have been completed, and their findings are attached. As you recall, the first indoor air quality test was performed in the above -referenced office space in September, 1988, by the Indian River County Public Health Unit in response to complaints of foul odors, respiratory irritations and headaches. The tests, for formaldehyde, carbon dioxide, carbon monoxide, benzene, styrene and ammonia found these gases all within or below acceptable limits. The microbial air density testing revealed values not detrimental to health, with outside air test results showing concentrations at four (4) times the levels found -in inside air.- organic vapor monitor results showed hydrocarbon compounds tested were below detrimental limits. 22 As staff complaints continued, we discussed the situation and the testing results with the Florida Department of Labor and Employment Security safety personnel as well as a pathologist from the University of Florida College of Medicine. Neither sources were able to correlate the complaints with the testing results. In September, 1989, Utility Services contracted with Enviropact, Inc. for additional tests. It is important to note that these tests were not conducted according to National Institute of Occupational Safety and Health Administration (NIOSH) protocols for air quality testing. Instead, the microbial testing method used sterile swabs to wipe ducts, vents, etc. and collected bulk samples of filters and ceiling -tiles. For indoor air quality testing, microbials should be measured in ambient air where they may be respired, not in filters which by their design trap such organisms or in ceiling tiles where microbials adhere, removing themselves from circulating air flow. Neither the field scientist nor her supervisor were Certified Industrial Hygienists. Nevertheless, their report was carefully reviewed by staff and the changes they recommended for increased fresh air intake, disinfection, replacement, etc. were completed by staff. Employee complaints of dors, respiratory irritations and headaches continued, with staff* follow-up on every occasion. In October, 1990, a third round of testing was conducted, this time by the Public Health Unit. Gases were found to be satisfactory and within exposure limits. Microbials were again within Environmental Protection Agency (EPA) guidelines, with outside microbials over three times the level of indoor air. Once more, the recommendations for air conditioning maintenance and balance were followed up on by staff. In January, 1992, Environmental Consulting & Technology, Inc. (ECT), following NIOSH protocols and using a Certified Industrial Hygienist as its field representative, conducted written questionnaires of employees occupying the space, interviews, and sampling techniques, tested the area in response to ongoing complaints. In summary, these results confirmed earlier results, i.e., gases and microbials were within established acceptable limits. Preventive recommendations were made, staff followed up on them, and complaints continue. Based upon four tests within five years, we cannot find an objective, scientific reason to duplicate testing. In response to ongoing employee complaints, however, we suggest an additional round of tests, conducted by a Certified Industrial Hygienist following NIOSH protocols. Staff is currently obtaining, via facsimile, proposals/costs for such testing and will forward them to you as soon as possible. Mrs. Jordan recapped that staff's recommendation is to do an additional round of tests, conducted by a Certified Industrial Hygienist following NIOSH protocols. Chairman Bird suggested hiring a "house doctor," someone who is an expert in the field of sick buildings who would diagnose the problem and refer us to the best firm to solve that specific problem. PW AUG ®3 1993 ,. BOCK AUG ® 3 1993 BOOK 90 PKIF'1:32 Commissioner Adams liked Chairman Bird's idea and suggested that we contact someone from the University of Florida with this type of expertise. Director Pinto stressed that preventive measures and maintenance measures have to continue in order to keep ahead of the problems. General Services Director Sonny Dean reported that he just spent 2 days at a seminar on sick buildings that focused on the sick courthouse in Polk County. The first thing they did with their courthouse was to conduct an employee evaluation which gave them a good idea of what to look for. He reported that people were there from the University of Florida trying to bring themselves up to date on the subject. He reviewed the following memo listing the measures taken to solve the problems in the Administration Building: DATE: JULY 26 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SER ES SUBJECT: UTILITIES DEPARTMENT - IN -DOOR AIR QUALITY Since 1988 this Department has responded to numerous complaints concerning in -door air quality in the Utility Department offices, located in our County Administration Building. Attached is a chronological listing of actions taken by Buildings and Grounds personnel that have been recorded since November, 1988. Not included in this list are the times that on request from your office I have made visits to that location to determine the presence of odor problems. None of which have we been able to ascertain or determine if these reported odors were similar to those from other areas of this building at given times. In June of this year, I officially requested the National Institute for Occupational Safety and Health (NIOSH) to perform a Health Hazard Evaluation of the County Administration Building. NIOSH responded to our request with a letter stating that due to their work load they would not be able to perform the requested evaluation, at this time. 24 TO: H.T. "Sonny" Dean, Director of General Services FROM: Lynn Williams, Supt. of Buildings &Grounds DATE: July 23, 1993 SUBJECT: Utilities - Air Quality Per you request, I have provided an outline of the activities Buildings and Grounds has undertaken concerning this matter over the last five (5) years. Every attempt has been made to provide chronological order. July 1988 - Renovation of present Utilities Office complete. November 1988 - First testing by Indian River County Public Health Unit. January 1989 - Fan coil unit and duct work unit serving Pinto's office area replaced in response to odor complaint. October 1989 - Enviropact, Inc. - Indoor Air Assessment October 1989 - Clean A/C system, area walls and ceiling. Increase outdoor air intake. January 1990 - Strip heaters and humidistat's installed as a "reheat" system to improve humidity control. December 1990- - Environmental System Services contracted for air balance and system evaluation. February 1991 - Modifications made to chilled water circulating pump to increase water flow through units. February 1992 - ECT Testing of air quality. March 1992 - Remove carpet in Pinto's office and conference room, replaced with vinyl tile. Disinfected ceiling space above entire Utilities Office. Wipe down all walls and doors. September 1992 - Abandoned exhaust fan removed. Opening closed. March 1993 - Rerouted and insulated condensate line in Utilities. April 1993 - Applied duct sanitization to duct work and ceiling space of area. Throughout this time frame, our Preventative Maintenance Program has been on-going. A typical visit consists of: Every 13 weeks - Change filters, add algicide tablets and inspect unit. Alternate 13 weeks - Change filters, add algicide tablets and inspect unit. Clean coil, lube motor, tighten electrical connections and check operation. The outline above in no way represents our entire effort on this problem. 25 AUG - 31993 BOOK 90 ;t{U� X411 I F, 31i BOOK 90 FA,UF 134 Lynn Williams of Buildings & Grounds advised that the attic area over the ceiling tiles is disinfected every 60-90 days. Commissioner Adams suggested we sole source the hiring of the industrial hygienist for a partial study. Commissioner Eggert was concerned about possible Workers' Compensation liability if we didn't do a study of the entire building, but Mrs. Jordan didn't believe we would harm our position in any way by addressing the department that has been a chronic, long term problem to us. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Commissioner Macht being absent) authorized staff to sole source a partial study (Utilities and SWDD area) to Clayton Environmental Consultants of Kennesaw, Georgia. Additional discussion ensued regarding the air conditioning unit to be installed in Director Pinto's office. 1994 HOLIDAY SCHEDULE - The Board reviewed the following memo dated 7/22/93: To: James Chandler Date: July 22, 1993 County Admin'stra r From: Jack Price Subject: 1994 Holiday Schedule Personnel rector ------------------------------------------------------------------ For consideration by the Board of County Commissioners: proposed schedule of holidays for Indian River County employees for 1994. Holiday New Year's Day Good Friday Memorial Day Independence Day Labor Day County Observance Friday, December 31, 1993 Friday, April 1, 1994 Monday, May 30, 1994 Monday, July 4, 1994 Monday, September 5, 1994 26 Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day Friday, November 11, 1994 Thursday, November 24, 1994 Friday, November 25, 1994 Friday, December 23, 1994 Monday, December 26, 1994 NOTE: The Property Appraiser and Supervisor of Elections offices will observe the schedule above. The Clerk of the Court will also, except that they will be open on December 31 since itis the last day of the calendar year and their observance of Christmas Eve is dependent upon the Judicial calendar. In addition to the schedule above, the Tax Collector will observe Martin Luther Ring Day on January 17, 1994. The Sheriff will also observe Martin Luther Ring Day.on January 17, 1994, but will not observe Christmas Eve. ON MOTION by Commissioner. Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Commissioner Macht being absent) approved the 1994 Holiday Schedule for Indian River County employees, as submitted. FINAL ASSESSMENT - PAVING & DRAINAGE IMPROVEMENTS TO 33RD AVENUE SW BETWEEN 15TH ST. SW AND 13TH ST. SW IN GROVENOR ESTATES SUBDIVISION The Board reviewed the following memo dated 7/21/93: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. / Public Works Director and r Roger D. Cain, P.E. County Engineers , FROM: Michelle A. Gentile, CET Civil Engineer SUWZCT: As -Built Resolution & Asses"ent Roll for Paving and Drainage Improvements to: 1) 33rd Avenue SW between 15th Street SW and 13th Street SW in Grovenor Estates Subdivision DATE: July 21, 1993 27 .AUG ® 31993 &OCK go Ullj s35 AUG m 31993 BOOK 90 FVUE13 DESCRIPTION AND CONDITIONS The paving of the above road has been completed. The final assessment is as follows: 1) 33rd Avenue SW Preliminary Estimates Final Cost $48,107.93 - 100% $45,170.49 - 100% $36,080.95 - 75% $34,555.43 - 75%* (2311.40 Front Footage) (2311.40 Front Footage) $15.61/per FF $14.95/per FF *This figure includes 2% Tax Collector's fee. The final assessment roll has been prepared and is ready to be delivered to the Clerk to the Board. Assessments 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 91% established by the Board of County Commissioners. 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 roll. 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 Tax Collector for recording in the "Assessment Lien Book" and for collection. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Commissioner Macht being absent) adopted Resolution 93-132, certifying "as -built" costs for certain paving and drainage improvements to 33rd Avenue SW between 15th Street SW and 13th Street SW in Grovenor Estates Subdivision.. 28 N As -Built (Fourth Reso.) 5/26/93(ENG)RES4.MAG\gfk RESOLUTION NO. 93- 13.2 A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING "AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 33RD AVENUE SW BETWEEN 15TH STREET SW AND 13TH STREET SW IN GROVENOR ESTATES SUBDIVISION, DESIGNATED AS PROJECT NO. 8926, AND OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. WHEREAS, the Board of County Commissioners of Indian River County determined that the improvements described herein specially benefited the property located within the boundaries as described in this title, designated as Project No. 8926, are in the public interest and promote the public welfare of the county; and WHEREAS, on July 14, 1992, the Board held a public hearing in the Commission Chambers at which time the owners of the property to be assessed were afforded an opportunity to appear before the Board to be heard as to the propriety and advisability of making such improvements; and WHEREAS, after such public hearing was held the County Commission adopted Resolution No. 92-101, which confirmed the special assessment cost of the project to the property specially benefited by the project in the amounts listed in an attachment to that resolution; and WHEREAS, the Director of Public Works has certified the actual "as -built" cost now that the project has been completed is $14.95 per front foot, which is less than $15.61 per front foot in the confirming Resolution No. 92-101, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Resolution No. 92-101 is modified as follows: The completion date for Project No. 8926 is declared to be June 21, 1993, and the last day that payment may be made avoiding interest and penalty charges is ninety (90) days after passage of this resolution. 2. Payments bearing interest at the rate of 9 3/4% per annum may be made in 2 equal installments, the first to be made twelve (12) months from the 29 BOOK 90 ivur 137 �AUG ®31993 � r AUG - 31993 No. 93- 132 BOOK 90 F{-7 U .1:38 due date and the subsequent payments to be due yearly from the due date. The•due'date is ninety (90) days after the passage of this resolution. 3. The final assessment roll for said project listed in Resolution No. 92-101 shall be as set forth in attached Exhibit "A" to this resolution. 4. The assessments as shown in attached Exhibit "A" shall stand confirmed and remain legal, valid, and binding first liens against the property against which such assessments are made until paid. 5. The assessments shown in Exhibit "A", attached to Resolution No. 92-101 were recorded by the County on the public records of Indian River County, and the lien shall constitute prima facie evidence of its validity. This resolution was moved for adoption by Commissioner AdamQ , 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 John W. Tippin Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Absent The Chairman thereupon declared the resolution duly passed and adopted this 3rd day of August BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By zio "" ° �'• RI HARD N. BIRD }� Chairman Attest: -- JEFFREY K. BARTON, Clerk/ -�• Attachment: Exhibit "A" 33AVESW.RES 30 0, ssrlr� tiT: ' q VT1 . SLUDGE/SEPTAGE FACILITY - FINAL PAYMENT - POOLE AND KENT CO. The Board reviewed the following memo dated 7/22/93: DATE: JULY 22, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. INTO DIRECTOR 0 IL Y=eEe PREPARED H. D. "D T , AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: SLUDGE/SEPTAGE FACILITY IRC PROJECT NO. US -88 -07 -SL BACKGROUND Construction of the subject project has been certified complete by the consulting engineer, and the contractor, The Poole and Kent Company, is requesting final payment. Also attached is the change order which results in an increase of $347.00 and an extension of 7 days for substantial completion and 18 days for final completion. ANALYSIS On January 29, 1991s, the Board of County Commissioners approved the project at an estimated cost of $6,720,000.00. At the September 24, 1991, County Commission meeting, the bid was awarded to The Poole and Kent Company in the total amount of $4,600,000.00. Change Order Nos. 1 and 2 increased the contract price to $4,637,865.00. The attached Change Order No. 3 lists *12 items which collectively result in a $347.00 increase, for a total contract price of $4,638,212.00. The contractor has been paid $4,521,918.37 to date and has requested final payment of $116,293.63. RECOMMENDATION The staff of the Department of Utility Change Order No. 3, and the final payment in full for services rendered. be received from the contractor at payment. 31 Services recommends approval of pay request of $116,293.63 as The final waiver of lien is to the time of receipt of final AUG - 31993 PIKE AUG ® 3 1993 boor 90 FvF 140 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Commissioner Macht being absent) approved Change Order No. 3 and final payment of $116,293.63 to Poole and Kent Co., as set out in the above staff recommendation. CHANGE ORDER AND FINAL PAY REQUEST IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WATER EXPANSION PLAN, PHASE II, CONTRACT "C" -- FINAL PAYMENT - TRI -SURE CORPORATION The Board reviewed the following memo dated 7/26/93: DATE: JULY 26, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G PINTO DIRECTOR O TILI SERVI PREPARED H. D. "D TER, AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES - SUBJECT: WATER EXPANSION PLAN, PHASE II, CONTRACT "C" IRC PROJECT NO. UW -91 -14 -DS Construction of the subject project has been completed, and Department of Environmental Protection (DEP) clearance has been requested. The Contractor, Tri -Sure Corporation of Auburndale, Florida, is requesting final payment. ANALYSIS On December 8, 1992, the Board of County Commissioners approved the Water Expansion. Plan, Phase II, in the amount of $2,166,044.27; the estimate for Contract "C" was $434,706.88. The total construction cost of Contract "C" is $299,374.50, including Change Order No. 1. The original contract cost was $285,927.40; the change order increases the contract amount by $13,447.10 to a total of $299,374.50. The change order reflects required adjustments made in the field. RECOMMENDATION The contractor has been paid $198,668.70 to date. The staff of the Department of Utility Services recommends approval of the attached Change Order No. 1 and of the final pay request in the amount of $100,705.80 as payment in full for services rendered. 32 ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Commissioner Macht being absent) approved Change Order No. 1 and final payment in the amount of $100,705.80 to Tri -Sure Corporation, as set out in the above staff recommendation. CHANGE ORDER NO. 1 AND FINAL PAY REQUEST IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD EMERGENCY SERVICES DISTRICT MEETING Chairman Bird announced that immediately upon adjournment, the Board would reconvene sitting as the Board of Commissioners of the Emergency Services District Meeting. Those Minutes are being prepared separately. SOLID WASTE DISPOSAL DISTRICT MEETING Chairman -Bird announced that immediately upon adjournment of the Emergency Services District Meeting, 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 9:56 o'clock a.m. ATTEST: J. K. Barton, Clerk Richard N. Bird, Chairman 33 AUG - 31993 BOOK 90 PAGE 141