HomeMy WebLinkAbout2/15/1994MINUTES ATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, FEBRUARY 15, 1994
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
John W. Tippin, Chairman (Dist. 4) James E. Chandler, County Administrator
Kenneth R. Macht, Vice Chairman (Dist. 3)
Fran B. Adams ( Dist.' 1) Charles P. Vltunac, County Attorney
Richard N. Bird (Dist. 5)
Carolyn K. Eggert (Dist. 2) Jeffrey K. Barton, Clerk to the Board
9: 00 A. M. 1. CALL TO ORDER
2. INVOCATION - Pastor Ray Scent
Hospital Chaplain
3. PLEDGE OF ALLEGIANCE - James E. Chandler
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Added: 13-A Committee Appointments
13-C Update on PEP Reef
Deleted: 7-I Final Plat Approval for River Boat
Club S/D
5. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
Regular Meeting of January 18, 1994
7. CONSENT AGENDA
A. Received 8 Placed on File in Office of Clerk:
Report of Convictions, Month of Jan. 1994
B. Proclamation Designating March 3 - 5, 1994
as Mentally Handicapped Week in Indian River
County, Florida
C. Request for Floodplain Cut and Fill Balance
Waiver for Lot 5, Block 14, Vero Lake Estates,
Unit No. 2
( memorandum dated February 7, 1994 )
D. Participation in Distribution of Settlement
Award Against Xerox
( memorandum dated February 3, 1994 )
FEB51994 04
500K PAGE S
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SDOK 9 PAGE72.$_1
FEB 15 1994 ...:
7. CONSENT AGENDA (cont'd.) :
E. Editorial Transfer Chapter 13 Old Code to
Chapter 204 New Code
( memorandum dated February 3, 1994 )
F. Resolution Naming Press -Journal as Legal and
Official Advertiser
( memorandum dated February 8, 1994 )
G. Release of Utility Liens
( memorandum dated February 9, 1994 )
H. Relocation of Polling Place for Precinct 27
( memorandum dated February 9, 1994 )
1. Final Plat Approval for River Boat Club S/D
(memorandum dated February 9, 1994)
S. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
SUPERVISOR OF ELECTIONS:
Request to PurchaseAdditional Voting Booths
and to Amend Elections Budget
(memorandum dated February 8, 1994)
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
Mr. James Richardson to Speak Regarding
Gifford Cemetery Concerns
(memorandum dated February 8, 1994)
B. PUBLIC HEARINGS
None
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
Wind -Load Requirements
( memorandum dated February 2, 1994 )
(re -scheduled from meeting of 2/8/94)
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
IRC Courthouse Project Court Recording System
( memorandum dated February 7, 1994 )
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
11. DEPARTMENTAL MATTERS (cont'd.) :
G. PUBLIC WORKS
None
H. UTILITIES
1.
• Engineering Consulting Services for Water
Expansion Plan - Phase IV
( memorandum dated February 4, 1994)
2.
Engineering Consulting Services for Water
Expansion Plan - Phase V
(memorandum dated February 4, 1994)
3.
Engineering Consulting Services for Water
Expansion Plan - Phase VI
( memorandum dated February 4, 1994 )
4.
South Region Effluent Reuse Transmission
Main and Pump Station
(memorandum dated January 27, 1994)
5.
Removal of the Rivers Edge S/D's 20,000
GPD Wastewater Treatment Plant & Water
Treatment Plant Storage Tanks
( memorandum dated February 4, 1994 )
6.
Proposed Sludge and Septage Rates
( memorandum dated February 3, 1994)
7.
Vista Force Main & Retrofit Pumping Station
Final Pay Request and Change Order
( memorandum dated January 25, 1994 )
12. COUNTY
ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN JOHN W. TIPPIN
B. VICE CHAIRMAN KENNETH R. MACHT
C. COMMISSIONER FRAN B. ADAMS
D. COMMISSIONER RICHARD N. BIRD
E. COMMISSIONER CAROLYN K. EGGERT
FEB 15199-4,
BOOK G1 `.Ia6E
BOOK 9 .. pAU, 8
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
1. Approval of Minutes - Meeting of 1/4/94
2. Approval of Minutes - Meeting of 1/11/94
3. Gifford Landfill Groundwater Monitoring
Plan
( memorandum dated February 4, 1994 )
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, February 15, 1994
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, February 15,
1994, at 9:00 o'clock a.m. Present were John W. Tippin, Chairman;
Kenneth R. Macht, Vice Chairman; Fran B. Adams; Carolyn K. Eggert;
and Richard N. Bird. 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.
Pastor Ray Scent, Hospital Chaplain, gave the invocation, and
Administrator Chandler led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Administrator Chandler requested the deletion of Item I on the
Consent Agenda - Final Plat Approval for River Boat Club S/D.
Chairman Tippin requested the addition as Item 13-A of an
update on committee appointments.
Commissioner Adams requested the addition as Item 13-C of an
update on the PEP Reef.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously added and
deleted the above items.
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or additions
to the Minutes of the Regular Meeting of January 18, 1994. There
were none.
ON MOTION by. Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
the Minutes of the Regular Meeting of 1/18/94, as
written.
CONSENT AGENDA
A. Report
Received and placed on file in the Office of the Clerk:
Report of Convictions, Month of January, 1994
FEB �9�� .BQOK -91 :F�GE`:219
..
FF_
FEB 15 19-4 8 '09 91 Nu 730 -1
B. Proclamation Designating March 3-5 1994 as Mentally
Handicanned Week in Indian River County Florida
P R O C L A M A T I O N
DESIGNATING MARCH 3 THROUGH MARCH 5, 1994
AS MENTALLY HANDICAPPED WEEK IN
INDIAN RIVER COUNTY, FLORIDA
WHEREAS, the Knights of Columbus, Vero Beach Council 5629,
will be conducting its annual Tootsie Roll Drive to help the
handicapped and mentally retarded citizens on March 3 - through
March 5, 1994; and
WHEREAS, the proceeds from the donations will be used by the
Knights of Columbus for local programs and activities such as the.
mentally retarded workshop and special olympics program; and
WHEREAS, on a nationwide• basis, the Knights of Columbus
Councils will be conducting similar events during the same time
span;. and
WHEREAS, with the help of many friends and local
organizations who have volunteered to assist the Knights of
Columbus in this year's endeavor, it is anticipated tfat the
proceeds generated will be far in excess of last year's total;
and
WHEREAS, it is altogether fitting and proper to officially
recognize this worthy cause, and to help create a public
awareness and appreciation for all those who will be "aproned and
canistered" on March 3 through March 5, 1994 and most of all, for
all those who will contribute what they can from their hearts and,
pockets to assist the mentally handicapped:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that March 3
through'March 5, 1994 be officially observed as
MENTALLY HANDICAPPED WEEK
in Indian River County, and that_ special recognition be given to
the dates of March 3 through March -5, 1994 in support of this
worthwhile endeavor.
Adopted this 15 day of February, 1994.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
fe
JOHN - W. TIPPIN,/ C]Aairman
2
C. Request for Floodplain Cut and Fill Balance Waiver for Lot 5,
Block 14, Vero Lake Estates, Unit No. 2
The Board reviewed the following memo dated 2/7/94:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
and
Roger D. Cain, P.E.
County Engineer
FROM: David B. Cox, PXAC
Civil Engineer
SUBJECT: , Request for Floodplain Cut and Fill Balance Waiver for Lot 5, Block 14, Vero Lake
Estates, Unit No. 2
REFERENCE: Project No. 94010160
DATE: February 7, 1994 CONSENT AGENDA
DESCRIPTION AND CONDITIONS
+ John Lloyd Builders has submitted a building permit application for a single family residence on the
subject property. The site is located in an AE special flood hazard zone, base flood elevation 22.2
ft. N.G.V.D. In the attached letter from the applicant's engineer dated January 27, 1994, a waiver
of the cut and fill balance requirement is requested. The lot area is 1.07 acres. The volume of the
100 year floodplain displaced by the proposed grading plan is estimated to be 610 cubic yards.
The waiver request has been reviewed by staff and appears to meet the criteria of Section
930.07(2)(d)4. of the Stormwater Management and Flood Protection Ordinance for lots located in
the Vero Lake Estates Municipal Services Taxing Unit.
Alternative No. 1 - Grant the cut and fill balance waiver based on the criteria of Section
930.07(2)(d)4.
Alternative No. 2 - Deny the cut and fill waiver. Require an on site retention area be provided to
compensate for the proposed floodplain displacement.
Staff recommends approval of Alternative No. 1.
3
FEB 15 1994
dooK 91 wE731
BOOK 91:PArv7 Z,�.�
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
staff's recommendation of Alternate No. 1 to grant
the cut and fill balance waiver based on the
criteria of Section 930.07(2)(d)4.
D. Participation in Distribution of Settlement Award Against Xerox
The Board reviewed the following memo dated 2/3/94:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien, Assistant County Attorney�Po�
DATE: February 3, 1994
SUBJECT: PARTICIPATION IN DISTRIBUTION OF SETTLEMENT
AWARD AGAINST XEROX
A class action law suit was filled by several categories of purchasers,
lessees and users of Xerox high volume copiers and printers. A
settlement agreement has been reached. The County as purchaser of a
Xerox Model 5100 is within the ambit of the class action law suit and is,
therefore, entitled to an award upon the proper filing of an award claim
form. Filing a claim form will entitle the County to a pro rata share of
the settlement amount based upon the County's expenditures with Xerox
for its high volume copier. From the information available, it is not
possible to calculate the amount of the award; however, inasmuch as we
have only one copier in the class it is unlikely that the award will be
substantial.
In view of the foregoing, it is recommended that the Chairman be
authorized to execute on behalf of the County the award claim form.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously authorized
the Chairman to execute the award claim form, as
recommended by staff.
COPY OF CLAIM FORM IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
0
E. Scheduling of Public Hearing - Editorial Transfer Chapter 13
Old Code to Chanter 204 New Code
The Board reviewed the following memo dated 2/3/94:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien, Assistant County Attorney
DATE: February 31 1994
SUBJECT: EDITORIAL TRANSFER CHAPTER 13 OLD CODE TO
CHAPTER 204 NEW CODE
41 The attached proposed ordinance would editorially transfer Chapter 13
Article II, Solid Waste Disposal to Chapter 204 of the new code. This
completes the transfer of the old code to the new code.
Recommend a public hearing date of March 8, 1994 be scheduled.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously scheduled a
public hearing date of March 8, 1994, as recommended
by staff.
F. Resolution Naming Press -Journal as Legal and Official
Advertiser
The Board reviewed the following memo dated 2/8/94:
TO: Board of County Commissioners
F(5
FROM: Terrence P. O'Brien, Assistant County Attorne`
DATE: February 8, 1994
SUBJECT: RESOLUTION NAMING PRESS -JOURNAL AS LEGAL AND
_ OFFICIAL ADVERTISER
The Board of County Commissioners at its February 8, 1994 meeting
selected, after bid, the Press -Journal as the legal and official
advertiser. This selection is made annually and set forth in the form
of a resolution. The attached resolution is for the forthcoming year
March 1, 1994 to February 28, 1995.
5
FEB. �aooK ,.�91 ° qac
EB 15 1994
BOOK 91 PAGE 7.34
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 94-34, naming the Press—Journal as the
newspaper in which legal and official advertise-
ments will be published from March 1, 1994 through
February 28, 1995.
RESOLUTION NO. 94- 34
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, PURSUANT TO SECTION 197.402,
FLORIDA STATUTES, CHOOSING A NEWSPAPER IN
WHICH LEGAL AND OFFICIAL ADVERTISEMENTS
WILL BE PUBLISHED FROM MARCH 19 1994
THROUGH FEBRUARY 28, 1995.
WHEREAS, Section 197.402, Florida Statutes, requires that when legal
advertisements are needed the Board of County Commissioners shall select a
newspaper as provided in Chapter 50, Florida Statutes; and
WHEREAS, Rule 12-D-13.036(1), Florida Administrative Code, implies
that this choosing of a newspaper shall be performed annually; and
WHEREAS, this Rule directs explicitly that at the first Board meeting in
February the Board of County Commissioners shall select the newspaper in
which said advertisements shall be placed; and
WHEREAS, Section 50.11, Florida Statutes, sets out certain criteria for
the publication to be a qualified advertiser for legal and official notices; and
WHEREAS, these qualifications include that:
1. The newspaper must be printed 'and published once a week or
more often.
2. The newspaper must contain at least 25% of its words in the
in .the English language.
3. The. newspaper must be admitted and entered as second-class
mail at a post office.
4. The newspaper must be for sale to the public generally.
6
RESOLUTION NO. 94- 34
5. The newspaper must be available to the public generally for
the publication of official or other notices and customarily
containing information of a public character or of interest or
value to the residents or owners of property in the county
where published or of interest or value to the general
public; and
WHEREAS, the Board of County Commissioners after going out
for bid determined that it would be in the public interest to select
the Press -Journal;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following
newspaper shall. be the legal and official advertiser for the time period
March 1, 1994 through February 28, 1995:
VERO BEACH PRESS JOURNAL
The resolution was moved for adoption by Commissioner Eggert ,
and the motion was seconded. by Commissioner B i r d , and, upon being
put to a vote, the vote was as follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 15 day of February , 1994.
BOARD. OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest:
lie By t1
i . Jo' n W: Tip
Jeffrey K. Barto;i, Cer Chairman
$y: � 4- (4l -V. pfc.
FEB 151994
r
FEB 15 1994
aov 9t PAVE ?36 ..
G. Release of Utility Liens
The Board reviewed the following memo dated 2/9/94:
TO: BOARD OF COUNTY COMMISSIONERS
YeOL� P.. `WA./
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: February 9, 1994
RE: RELEASE OF UTILITY LIENS
The attached lien releases are in proper form for the Board of County
Commissioners to authorize the Chairman to sign so that they can be
recorded. The names and projects are:
1. Glendale Lakes Water (2nd Project):
ADAMS (2)
2. Meadows (41st Court) Water Project:
i,
WILCOX
3. Old Sugar Mill Water Project:
MARINE
4. Phase I Water Project:
DELUCA DODD
WILBER
5. Phase II Water Project:
DUKER GAGLIARDI
ROGERS
6. Phase III Water Project:
MONTUORO PURDY/SHENG
SCHLITT
Approved for Consent Agenda
BCC - February 15, 1994
8
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the above listed releases of liens, as recommended
by staff.
RELEASES OF LIENS ARE ON FILE -IN THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY
H. Relocation of Polling Place for Precinct 27
The Board reviewed the following memo dated 2/9/94:
�,%VER CSG
O• *sip
is ; •
G'
:At
SUR OF
February 9, 1994
ANN ROBINSON
SUPERVISOR OF ELECTIONS
1840 25TH STREET, SUITE N-109
VERO BEACH, FLORIDA 32960-3394
TELEPHONES: (407) 567-8187 or 567-8000
TO: HON. JOHN TIPPIN, CHAIRMAN, BCC
FROM: ANN ROBINSON, SUPERVISOR OF ELECTIONS
RE: ITEM FOR CONSENT AGENDA, BCC -MEETING ON FEBRUARY 15, 1994
We have been using the former youth center next to Vero Beach
Junior High School as a polling place for Precinct 27. Dr.
Gary Norris has notified us that it has been converted into
a computer lab and is not a suitable location for voting.
Mr. Herbert Nelson, Commander, Felix Poppell Post No. 39,
American Legion, gave us written approval today to use the
hall at 1535 Old Dixie Highway, Vero Beach, as a polling
place for Precinct 27. Copy attached.
New voter ID cards and a map showing the location of the poll
will be sent by first class mail to every registered voter in
Precinct 27 before the March 8 city election.
We have moved the polling place for Precinct 16 as approved
in December, 1993. First class mail was sent to the 2,082
registered voters last week. Precinct 16 is in Sebastian.
9
5 199 BooK � .F?c:,
62EB 1 iVria;1
pr
ON MOTION by Commissioner
Commissioner Bird, the Board
BOOK
Eggert, SECONDED by
unanimously approved
the relocation of polling place for Precinct 27 to
the American Legion hall at 1535 Old Dixie Highway,
Vero Beach, as recommended by Supervisor of
Elections Ann Robinson.
I. Final Plat Approval for River Boat Club Subdivision
(deleted)
�'. FAGE �• � �,
REQUEST FROM SUPERVISOR OF ELECTIONS TO PURCHASE ADDITIONAL VOTING
BOOTHS AND TO AMEND ELECTIONS BUDGET
The Board reviewed the following memo dated 2/8/94:
��RIVER ��
; eoA
• • . •
..
Pis: c ��
February 8, 1994
ANN ROBINSON
SUPERVISOR OF ELECTIONS
1840 25TH STREET, SUITE N-109
VERO BEACH, FLORIDA 32960-3394
TELEPHONES: (407) 567-8187 or 567-8000
TO: HON. JOHN TIPPIN, CHAIRMAN, BCC
FROM: ANN ROBINSON, SUPERVISOR OF ELECTIONS W -J
RE: BCC AGENDA ITEM FOR FEBRUARY 15, 1994
We have an opportunity to buy 35 used voting booths like
the ones already owned by the county for use in elections.
Thirty are for sale at $208 each,Election Data Diverse in
Vista, California; five are for sale at $172 each -,Business
Records Corporation in Addison, Texas. I recommend their
purchase now.
According to other supervisors of elections in Florida, it
is getting harder to find used voting booths, Model V. Of
the vendors we know who sell new or used Model V voting
booths, only two had any used ones. Business Records is
the only company now manufacturing new Model V voting booths
and each new one costs $358; they have only five used ones.
Elections Data Diverse has only 30 used booths for sale.
Other vendors contacted said "We have none for sale," "None,
they are tough to find," and "People gobble up the Model V's."
I _J
10
Weare required by law to have one voting booth for every 125
registered voters, Florida Statute 101.72. We have enough
voting booths for 1994 because the Board of County Commiss-
ioners agreed to buy extra voting booths prior to the 1992
elections, but we need more for the 65,000+ voters expected
in 1996. These used booths are suitable for punch cards,
optical scan and paper ballot systems, and there is a 2 year
warranty. Additional shelf space at the warehouse is already
available for the voting booths. Quote is attached for the
30 offered for sale by Election Data Diverse; also attached
is a graph of the number of registered voters.
If you want to accept my recommendation, you would need to
vote to purchase 35 used voting booths, and vote to amend the
elections budget by adding $7,100 to it.
Thank you. One of the used voting booths is in our office.
Supervisor of Elections Ann Robinson explained that this is a
good opportunity to buy used voting equipment as it is becoming
harder and harder to find used equipment. The need for additional
equipment is being driven by the requirements of the National Voter
Registration Act (Motor Voter) which goes into effect January 1,
1995. We are required by Florida Statutes to have one voting booth
for every 125 registered voters, and we expect more than 65,000
voters in 1996. During the last six years we have purged almost
19,000 voters from the roll, but Motor Voter is going to do away
with the practice of purging the rolls every odd -numbered year here
in Florida. This will result in an artificially high number of
voters on the roll which in turn will require more equipment. The
Motor Voter law is going to have a tremendous effect on everything
in the Supervisor of Elections office. It is another example of an
unfunded government mandate.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously approved
the purchase of 35 used voting booths and increased
the elections budget by $7,100, as recommended by
the Supervisor of Elections.
11
F J 1994 BOOK 9 PAGE7,
r -
FEB 15 19911
BOOK 9 FA,f 74h �'-. 7
JAMES RICHARDSON'S REQUEST TO SPEAR REGARDING GIFFORD CEMETERY
CONCERNS
The Board reviewed the following memo dated 2/8/94:
MEMORANDUM
TO: Jim Chandler
County Administrator
FROM: Carolyn K. Eggert eq&
County Commissioner
DATE: February 8, 1994
SUBJECT: Gifford Cemetery Association
Mr. James Richardson of the Gifford Cemetery
Association (currently used cemetery) has asked to be put on
the agenda for Tuesday, February 15, 1994 to discuss some
problems they are having.
I would appreciate your putting him on under Public
Discussion.
The Gifford Cemetery Association includes James
Richardson, Clyde Morgan, Eastman Monroe and Mr. Carter.
As a result of our telephone discussion, I am writing
Mr. Richardson to verify his being put on the agenda.
James Richardson, resident of Gifford and trustee of the
Gifford Cemetery Association, reported that there have been two car
accidents at the curve of the road by the cemetery. The first
accident happened two years ago when a car lost control at the
curve and crashed through the fence at the cemetery resulting in
damages of $1300-$1400. That was resolved. The second accident
occurred this January and resulted in damages of approximately
$2,600. This was done by a drunk driver without any insurance and
the trustees at the cemetery are left with the problem. He
distributed pictures of the damages occurred in the January
accident where the car went through the fence and damaged several
graves.
Mr. Richardson advised that the trustees of the cemetery are
requesting that the Commissioners approve a guardrail for the
cemetery side of the road in order to save lives and prevent
property damage. Apparently, drivers come around that curve too
fast and lose control and a guardrail would prevent them from
jumping the fence into the cemetery.
12
Commissioner Adams appreciated Mr. Richardson's
recommendations for solving the problem, and Commissioner Macht
noted that the speed limit along that stretch already has been
reduced from 40 to 30 mph.
Chairman Tippin added that the road gets a lot of traffic from
the heavy industrial area nearby.
Public Works Director Jim Davis reported that there have been
four accidents there in the last 3-4 years. The curve there is due
to an offset in the Indian River Farms Water Control District's
east and west rights-of-way. It appears that people travel at
excessive speeds and some of the accidents have been alcohol-
related. Director Davis advised that we can install a 200 -ft.
guardrail there for a cost of $20 per foot, or $4,000. A guardrail
guides a vehicle so that it does not hit an obstacle beyond. It is
not designed to throw the vehicle back into the opposing lane, but
that happens occasionally.
Director Davis advised that we have the money in the Gifford
Road Fund.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
the installation of a 200 -ft. guardrail on the
cemetery side of the road at an approximate cost of
$4,000, funding to come from the Gifford Road Fund.
WIND -LOAD REQUIREMENTS - STANDARD BUILDING CODE
The Board reviewed the following memos dated 2/2/94 and
8/27/93:
TO: The Honorable Members of
the Board of County Commissioners
FROM: Robert M. Keating, AICP/MK
Community Development Director
DATE: February 2, 1994
SUBJECT: WIND -LOAD REQUIREMENTS
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of February 8, 1994.
13
L_FE 15 199
Boos .91w Pov74
r FEB 15 1994
BOOK Y 91' FACE741 -
As a result of Hurricane Andrew, the state recently made some
changes to building code requirements enforced by local
governments. Foremost among these changes was the elimination of=
an exemption for single-family and two-family residences from wind r'
load standards referenced in Section 1205 of the Standard Building
Code. The attached memo briefly explains this situation.
Because of these changes, single-family and two-family home
building plans must be sealed by an engineer or contain sufficient
information to show that they meet the criteria of (are deemed to
comply with) Section 1205. This new requirement has added to the
cost of single-family and two-family building permit applications.
It has also increased the time required for the building division's
plans examiners to review plans.
Since some questions have been raised regarding this new
requirement, staff will give a brief presentation to the Board on
this issue at the February 8 meeting.
« r.•, P 10.i
DATE: August ?l, 1M
FRM: Wayne H. gnas
Asdstant Bundiog Director
TSgO[IGS: Ester L. �ysar n
Building�h�sato�ID"
An a result of Affairs Board s B e Andrew studies, the Florida Department Of 9"munity
has aKecBo ding Codes and Standards, by emerg+enay ru19 /9BMW3-17,
family dwellings.�ted � �t� � wind -loads standards for one and two
Consequently, this means an building construction must now meet the engineering
criteria set forth in the Standard Bundim Code (SBC),_ Section lam.
As stated in the rule, either, of two methods may be used to accomplish this task.-
Utilizing
ask:
Utilizing wed phns and specifloations, clearly indicated
with Section lam, SBC liance
as appropriate. (sealed by Florida gagis
tered
Engineer or Architect.)
As spedQcally allowed is the rale, the new
msy also be-
fte criteria.)
In an effort to accomplish uniform implementation of the
Treasure Coast Builder's Association, and the Bun im• the
.bad sever 01Hcials Association,
Treasure Coast Chapter, bas
meetings regarding this issue.
Consistent with other jurisdictions, Indian giver County end the City of Vera Beach
will be enforcing the state directive as follows:
EFFBCTIVS SEPTR : 1S 1Mt All applications for building permits, subject to
tae rule, mast include strncturai details and specifications pertaining to
i strapping,resistance.)ow bbusprints. (aacaorfag, fasteaars, bracing
14
M M M
withBFPB ltbe CC U OB�ES�S s In � emsegemy rub an P"VIOUSlY stated
comply
above.
N you have my quondam Perms to IDDM implamentedon of the =Is, foal free to
amtaot me at (407) 387-3M9 estension 2W
Z you have any questions about the rub noel!. the Parson to Contest is:
Mary Zedu7n Smith
Planning Usnftw
Dapartwnt of Community Affairs
5740 Centervlew Drys
Tvlahas mq Fl 3=0-5100
Commissioner Bird advised that he asked for this matter to be
placed on the Agenda today because he felt new wind -load
requirements imposed by the DCA are detrimental to our efforts in
expediting the processing of building permits and plans in this
county. - He wondered if we are alone in our concerns or whether
there is a movement in other counties to ask the DCA to reconsider
or readdress the new requirements for one and two family homes.
Community Development Director Robert Keating explained that
after Hurricane Andrew, the insurance industry has been striving to
get tougher building code requirements and better inspections so
that insurance companies would continue to insure homes in Florida.
Building Director Ester Rymer advised that the Florida
Department of Community Affairs Board of Building Codes and
Standards' requirements for wind -load standards for one and two
family dwellings are increasing the workload and processing costs
in several areas of the Building Division:
1) Additional review time to process one and two
family residences.
2) Expansion of check lists for plan examination.
3) Field inspection (limited number of inspectors).
4) Administrative process -- meetings and correspondence
to familiarize people with the new requirements.
Continuing, Director Rymer advised that under the emergency
rule, all construction must meet the engineering criteria set forth
in the Standard Building Code (SBC) Section 1205. As stated in
the rule, either of two methods may be used to accomplish this
task:
1) Plans and specifications sealed by a Florida
registered engineer or architect in compliance with
Section 1205, SBC. 15
FEB 15 1994 6oaK 91 pc
BOOK
FEB 15 1,994 91' Pb 1741
2) The new Standard for Hurricane Resistant Residential
Construction, SSTD 10-93.
Director Rymer emphasized that the new wind -load requirements
for one- and two-family dwellings have increased plan review time
for an engineer's sealed plan from one hour to one hour and 45
minutes. Using the "deemed to comply" standard, which probably is
a little more complicated for the average person, has increased our
review time by 4 hours. We have not had that many, however.
In addition to the increase in workloads stemming from the
wind -load requirements, Director Rymer reported that Indian River
County has been selected to participate in a new program, the
Building Code Effectiveness Rating System. This new system will
evaluate the general level of code compliance and code
effectiveness in randomly selected communities. The goal is to
encourage communities to undertake and reinforce code enforcement
activities through favorable insurance underwriting and rating
considerations. It will work pretty much like the flood insurance
program. The more effective the code enforcement, the more
favorable the impact on insurance underwriting.
Director Rymer advised that a couple of other things that have
increased the workload in the Building Division in the last year
and a half are complying with the major changes in the Energy Code
and enforcing all the Americans with Disabilities Act (ADA)
requirements tied to commercial projects. The good news is that
building permits have increased since the first of the year and
contractors have a lot of work if we can review their plans in a
prompt manner.
Commissioner Macht asked what the Board can do to help, and
Director Rymer advised that we need more staff and perhaps, if
funds are available, authorization for overtime for the plan
examiners.
Director Keating advised• that there are a few things we can do
on a short-term basis to whittle down the backlog:
1) The Planning Dept. would do part of the planning
review that relates to zoning compliance.
2) Shift one staff person who currently divides his
time between Planning and Building to spend more time
reviewing plans.
3 ) Have a current development planner spend more time on
review of plans.
Director Keating explained that we are -exploring the idea of
working staff overtime to review plans and whether the contractors
16
M M M
i M M
Director Keating reported that another requirement from the
State is for certification of building inspectors, plan examiners
and building code officials. We are fortunate that our inspectors
are already certified under one process. Our staff is well trained
and will be in a position to comply with the certification
requirements as they are phased in during the next two-year period.
Director Rymer stressed that standard certification has to be
maintained, which means we will have to cross train our staff.
Commissioner Bird didn't know whom to convey our concerns to
about the additional time and additional cost these changes have
caused, and Commissioner Eggert suggested that we write State
Representative Charles Sembler.
Commissioner Macht advised that he has added this matter to
his mandate list and will discover what we can do about it.
Ray Scent, 1605 71st Court, voiced his objection to the County
hiring more staff and incurring the expense of verifying plans
sealed by an engineer or architect. He suggested, instead of
spending hours and hours checking out sealed plans, that we do a
random check. If we find that the plans are not sufficient or that
the plans are not being followed, we should get those who are
responsible. A random check would free up more people to do actual
field inspections.
Director Keating explained that the Building Division is an
enterprise account and no tax money goes for that. The cost of the
Building Division is completely funded by the users of the
services. Chapter 489 of the Florida Statutes specifies what we
have to do regarding building inspections and review of plans.
Every county is doing the same thing, but up to this time there
were no requirements to review plans sealed by an engineer or
architect.
Commissioner Adams emphasized that we are under emergency rule
because of the damage done by Hurricane Andrew.
By consensus, the Board instructed appropriate staff to write
a letter to State Representative Charles Sembler informing him of
the tremendous impact these requirements are having on affordable
housing costs in Indian River County; asking him to review the
situation and come back to us about how this came about; asking him
whether the DCA has the right to invoke these requirements; and
whether there is any concern from other counties to have the DCA
reconsider these new requirements.
17
L FEB 15 190M
FEB 15 1994, Boo.
IRC COURTHOUSE PROJECT - COURT RECORDING SYSTEM
The Board reviewed the following memo dated 2/7/94:
DATE: FEBRUARY 7, 1994
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECT
DEPARTMENT OF GENERAL SERVI S
JEFFERY K. BARTON �
CLERK OF THE COURTS
SUBJECT: INDIAN RIVER COUNTY COURTHOUSE PROJECT
COURT RECORDING SYSTEM
BACKGROUND:
91 FA;F 1`46
_7
The problem of expanding and updating a court recording system to
meet the needs of the new judicial facility was brought before the
Courthouse Advisory Committee by Clerk of the Courts, Jeff Barton.
The committee along with Jeff met with representatives of different
vendors to look at -and determine which system would meet the need
today as well as for the future.
Dolman Technologies has a system that will record both audio and
video. It is state of the art and was determined by the committee to
'be in the best interest of the County for the following reasons:
1. All recording will be on a cassette which will facilitate
storage, handling and protection of tapes.
° 2. Using video will eliminate a recording clerk in legal
proceedings which will reduce cost of operations for the courts
system.
3. Equipment is available to transcribe the audio/video tapes
that is more accurate than the present system that is audio
alone.
4. Less expensive to install at this time than having to
retrofit at a later date if audio alone was the choice now.
There has been $275,000 identified in the construction budget for a
recording system in the new facility. Estimated cost to purchase and
install the equipment is $250,000. Precision Contracting Services,
Inc. (PCS) is the vendor and installer of the Dolman System. PCS is
also the same contractor that is installing the audio/video prisoner
handling system equipment for the new facility. Since both systems
will be networked together, it is important to have one vendor doing
both installations and making them function properly.
RECOMMENDATIONS:
Staff along with the Clerk are recommending purchase of the Dolman
Recording System to the Board and requesting authorization to amend
our present contract with PCS to purchase and install the equipment.
It is also requested that the Chairman be authorized to execute all
the proper documents.
18
Jeff Barton, Clerk of the Circuit Court, advised that both he
and the Courthouse Advisory Committee are recommending the purchase
of the Dolman Recording System. He noted that Bruce Boyd, the
Board's consultant for audio and video in the new Courthouse, is
here today to answer any questions.
Mr. Barton noted several areas where savings would be
attained, such as transcription costs. At present, the Board is
paying $4.50 per page for an original and two copies when things
are transcribed for appeal purposes for anything that is criminal
in nature. With the new process, two people would do the
transcribing in-house, and at that point the Board would be asked
if they want to be billed at those rates or have those employees
picked up as part of the county employees that the Board already
pays for. Right now, we are paying well in excess of $100,000 a
year on transcription costs and two people are not going to cost us
anywhere near that. We definitely will save some money when we
get to that point.
Commissioner Eggert understood then that we will be
eliminating one clerk by using the video system, and Mr. Barton
explained that with the video system one clerk can run the system
rather than two. At present, one person runs the equipment and one
clerks for the judge, and the BCC is being charged $75 a day for
those clerks.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously authorized
the purchase of the Dolman Recording System and
approved the amendment to the present contract with
PCS to purchase and install the equipment, as
recommended by staff.
CONTRACT AMENDMENT NO. 2 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
19
_ SII
b00K 91,.FA�F
-7
FEB 1994BOOK 91 FACE, ,°e
ENGINEERING CONSULTING SERVICES FOR WATER EXPANSION PLAN - PHASE IV
The Board reviewed the following memo dated 2/4/94:
DATE: FEBRUARY 4, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRA'
FROM: TERRANCE G. PINTO
DIRECTO F SERVICES
PREPARED H. D. O , P. .
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: ENGINEERING CONSULTING SERVICES FOR WATER EXPANSION
PLAN - PHASE IV
INDIAN RIVER COUNTY PROJECT NO. UW -93 -32 -DS
BACKGROUND
On September 28, 1993, the Board of County Commissioners approved the
continuing services agreement for design and construction inspection of
water and wastewater construction projects. It further authorized the
Department of Utility Services to negotiate with the consulting firms
to provide the required services.
ANALYSIS
The work authorization to provide the required consulting services for
Phase IV of the Water Expansion Plan (IRC Project No. UW -93 -32 -DS) is
attached. The H. F. Lenz Company was selected for this phase which
includes water service to approximately 1,068 homeowners on 1,545 lots
in Paradise Park (units 1 and 2), Oslo Park (units 2, 2A, and 2B), and
9th Court S.W.
The total consultant's fee is $190,000.00 for design services and shall
include surveying, preliminary reports, design, inspection, assessment
roll preparation, and preparation of record drawings (prints, mylars
and digital copies).
RECOMMENDATION
The staff of the Department of Utility Services recommends approval of
the attached work authorization so that we can proceed with the design
of the Phase IV project.
20
r.:
In response to Commissioner Adams' question, Utilities
Services environmental engineer Duke Oster advised that the $2.1
million project cost includes the 10 percent contingency.
Commissioner Adams understood that in addition to the 10
percent contingency there was an additional $7,000 kicked in to pay
for change orders and other things without having to come to the -
Commission for approval.
Mr. Oster explained that those amounts were not included in
the cost. Those would be extra because we know from experience
that minor things will come up that will require a little more
money and we are asking for that authority now.
Commissioner Eggert asked what that contingency covers, and
Mr. Oster explained that the contingency is for construction costs,
primarily. The $7,000 relates to the engineering consultant's
fees.
Commissioner Adams was uncomfortable with that kind of money
flowing around, and Mr. Oster replied that the $7,000 was not a big
thing and could be taken out if the Board desired.
Commissioner Bird asked when the project will be completed to
the point where people can turn on their water taps, and Mr. Oster
estimated that after receiving design approval, construction would
be completed in one and a half years.
In answer to Commissioner Eggert's question, Public Works
Director Jim Davis advised that Paradise Park is one of the 5 or 6
petition paving projects that are on hold until water is in.
Chairman Tippin understood then that the $7,000 is a
contingency, and Mr. Oster reiterated that the $7,000 could be
deleted from the engineering consultant's work authorization that
is before the Board today.
Commissioner Adams noted that a breakdown of engineering costs
wasn't included in the backup material.
Utilities Director Terry Pinto felt that isn't a problem. It
is all there because we make the consultants break the costs down
so much they cry.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
Work Authorization #1 with H. F. Lenz Company for
Water Expansion Plan, Phasea V� with the deletion of
$7,000 additional service fee on the $2.1 million;
and requested that engineering services be itemized
in more detail and that any changes be brought back
to the Board.
WORK AUTH. NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
21
- BOOK 91 pinE 7.49
e
FEB 15 1994, Boor 71 FSG( 75.0
ENGINEERING CONSULTING SERVICES FOR WATER EXPANSION PLAN — PHASE V
14ASTELLER & MOLER. INC.
The Board reviewed the following memo dated 2/4/94:
DATE: FEBRUARY 4, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRA'
FROM: TERRANCE G.
PREPARED H . D , Pte.
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: ENGINEERING CONSULTING SERVICES FOR WATER EXPANSION
PLAN - PHASE V
INDIAN RIVER COUNTY PROJECT NO. UW -93 -33 -DS
BACKGROUND
On September 28, 1993, the Board of County Commissioners approved the
continuing services agreement for design and construction inspection of
water and wastewater construction projects. It further authorized the
Department of Utility Services to negotiate with the consulting firms
to provide the required services.
ANALYSIS
The work authorization to provide engineering consulting services for
Phase V of the Water Expansion Plan (IRC Project No. UW -93 -33 -DS) is
attached. Masteller and Moler, Inc., was selected for this phase which
includes water service to approximately 1,092 homeowners on 1,495 lots
in Glendale Park, Oslo Park (including units 3 through 7), and
Grovernor Estates.
The total consultants fee is $190,000.00 for design services and shall
include surveying, preliminary reports, design, inspection, assessment
roll preparation, and submittal of record drawings (prints, mylars and
digital copies).
RECOMMENDATION
The staff of the Department of Utility Services recommends approval of
the attached work authorization so that we can proceed with the design
of the Phase V project.
22
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
Exhibit "A" work authorization in the amount of
$190,000 with Masteller & Moler, Inc. for
engineering consulting services for Phase V of the
Water Expansion Plan.
WORK AUTHORIZATION (EXHIBIT "A") IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
ENGINEERING CONSULTING SERVICES FOR WATER EXPANSION PLAN - PHASE VI
-- CARTER ASSOCIATES, INC.
The Board reviewed the following memos dated 2/9/94 and
2/4/94:
DATE: February 9, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
DIRECTOR OF UTIL SERVICES
SUBJECT: WEST REGIONAL WASTEWATER TREATMENT PLANT STRUCTURAL
FAILURE & CONTRACT WITH CARTER ASSOCIATES, INC.
Carter Associates, Inc. and Williams, Hatfield and Stoner were
retained by Indian River County as the design consultants for the
West Regional Wastewater Treatment Plant. At this point in time,
liability for the structural failure of the plant has not been
determined.
There is a strong possibility that the County may have to enter
into litigation with the engineering firm and the plant
manufacturer because all parties involved deny liability for the
failure.
We are now considering contracting other engineering services with
Carter Associates, Inc. Therefore, I wish to make the Board of
County Commissioners and the legal staff aware of the pending
problem and pending contracts prior to awarding such contracts.
23
L_ FEB 15199475
r FEB 15 1994
DATE: FEBRUARY 4, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRAI
FROM: TERRANCE G.
DI1;$ Wlh OF
BOOK 7 FACE 752
N Y4,
PREPARED H. , P.G.
AND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: ENGINEERING CONSULTING SERVICES FOR WATER EXPANSION
PLAN - PHASE VI
INDIAN RIVER COUNTY PROJECT NO. UW -93 -34 -DS
BACKGROUND
On September 28, 1993, the Board of County Commissioners approved the
continuing services agreement for design and construction inspection of
water and wastewater construction projects. It further authorized the
Department of Utility Services to negotiate with the consulting firms
to provide the required services.
ANALYSIS
The work authorization to provide engineering consulting services for
Phase VI of the Water Expansion Plan (IRC Project No. UW -93 -34 -DS) is
attached. Carter Associates, Inc. was selected for this phase which
includes water service to approximately 1,151 homeowners on 1,528 lots
in Dixie Heights, Dixie Gardens (unit 2) and Vero Lake Estates with a
few adjoining properties.
The total consultant's fee is $225,000.00 for design services and shall
include surveying, preliminary reports, design, inspection, assessment
roll preparation, and submittal of record drawings (prints, mylars and
digital copies). This fee is slightly higher than for phases IV and V
due to an increase in pipe lengths required to accommodate this phase.
RECOMMENDATION
The staff of the Department of Utility Services recommends approval of
the attached work authorization so that we can proceed with the design
of the Phase VI project.
24
M
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously approved
Work Authorization No. 1 with Carter Associates,
Inc. in the amount of $225,000 for engineering
services on Water Expansion Plan, Phase VI, as
recommended by staff.
Attorney Vitunac tried to interject before the Board voted
that these are the same firms that are working with Utilities right
now in investigating the failure of the wall in the West Regional
Wastewater Treatment Plant. At the moment, Carter Associates, Inc.
and Williams, Hatfield and Stoner are saying they have no
responsibility whatsoever for the failure and agree that the County
doesn't either, and we are all looking to the manufacturer and the
contractor. It is the County's position that the County is totally
without fault and relied to some degree on Carter Associates and
Williams, Hatfield and Stoner and that somebody out of the four
parties is responsible for that failure. If we are contracting out
with Carter for two brand new major projects, we probably have lost
any major leverage we had with them. He felt it is something the
Board should be aware of.
Utilities Director Terry Pinto pointed out that there is a
possibility that all three parties will deny all responsibility and
that we will end up in court with the engineers. Staff wanted the
Board to be aware that this contract and the contract in the next
agenda item are with the same engineers. We cannot pinpoint the
liability now, but the County is taking the position that we are
not liable and that one or all three of the other parties are
liable for that failure.
Commissioner Eggert asked if the question of liability is
delaying the project, and Attorney Vitunac advised that is a
possibility.
Commissioner Macht felt in that case that we should have had
more data than was laid in front of the Board before we were
allowed to proceed to a vote.
Director Pinto explained that in discussing this with the
County Administrator, it was felt we had to put the Board on
notice. We are not about to pinpoint liability at this point. He
stressed that his memo of February 2, 1994 outlines that there
isn't any more detail to give other than what was given to the
Board today. Both of the engineering firms have taken a position
that they do not have any liability and that we want to help the
County in the pursuit to recover from the manufacturer and the
construction contractor.
25
BOOK PAS F +�`
BOOK 91 .,PMUE 754Y ,
Commissioner Bird didn't feel there was a significant
relationship between the two projects because one is a sewer plant
that was designed and built several years ago and today's contract
is for underground water lines.
Commissioner Adams didn't see how the awarding of this
contract has anything to do with the failure of the wall at the
sewer plant, even if we end up going to court to resolve the
matter.
Director Pinto stated that he didn't have a problem with it if
the Board doesn't.
Administrator Chandler emphasized that the whole intent here
is to make the Board aware of the potential litigation before the
award of the two contracts on today's Agenda. We would hate to
appear in court on this and find out that part of the difference in
liability is that the County has continued to award contracts to
these firms.
Dean Luethje, vice president of Carter Associates, Inc.,
stated that they are cooperating with the County. He explained
that originally they had offered to design the sewage treatment
plant and then send it out for bids, but were told by the Board of
County Commissioners to go back and put it out for a design build
from someone else. Apparently, that contractor is out of business,
but as the supplier of the plant, Carter Associates is still in
business and are working with the County Utility Department. In
fact, they met for two hours yesterday with the County Attorney and
Terry Pinto. Carter Associates has been here since 1911 and is not
going to leave tomorrow. They will stand by what they did, and if
they are found at fault in court, then that will be the way it
falls.
Commissioner Eggert asked if we need a motion of
acknowledgement that we do understand about the West Regional
Wastewater Treatment Plant, and that our motion for approval
stands.
Attorney Vitunac advised that another motion is not needed
because the Board has been told. He reported that we just Faxed a
letter of notice to Marolf, the manufacturer of the package
treatment plant, giving them until 5:00 p.m. Monday to come up with
acknowledgement of responsibility to do something. Otherwise, we
will have to go out on an emergency basis to get an engineering
permit to do a quick fix on the wastewater plant before something
else happens.
WORK AUTHORIZATION NO. 1 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
26
SOUTH REGIONAL EFFLUENT REUSE TRANSMISSION MAIN AND PUMP STATION -
CARTER ASSOCIATES, INC.
The Board reviewed the following memo dated 1/27/94:
DATE: JANUARY 27, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO4R.
DIRECTOR OF UTILIICES
PREPARED WILLIAM F. McCAINN
AND STAFFED CAPITAL PROJECTS ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: SOUTH REGION EFFLUENT REUSE.TRANSMISSION MAIN AND
PUMP STATION
INDIAN RIVER COUNTY PROJECT NO. IIS -94 -02 -ED
On October 12, 1993, the Commissioners adopted the Master Plan
update for the south county area with the purchase of GDU.
Currently, we are in design for a project to divert sewage flow
going to the City of Vero Beach to the GDU WWTP (see attached agenda
item dated October 7, 1993). We must now address effluent disposal.
Per the Master Plan update (see attached exhibit), we are to
construct an effluent main and pumping station from GDU to the
proposed wetland at the West Regional Wastewater Treatment Plant.
On September 28, 1993, the Board of County Commissioners approved a
continuing services contract with Carter Associates, Inc., for
sanitary sewer collection/transmission systems and treated effluent
transmission system design (see attached continuing services
contract). We are now requesting approval from the Board of County
Commissioners to begin this project utilizing the services of Carter
--Associates, Inc.
ANALYSIS
The estimated construction cost for this project is $2,325,767.40,
which includes a 10% contingency. The negotiated fee for design and
inspection is $152,706.00, with an additional $13,590.00 for survey
and soil work. For details of this contract, see the attached
proposed Engineering Work Authorization No. 1 with Carter
Associates, Inc. The fees are set as lump sums and are well within
the acceptable range for a project of this magnitude. Funding for
{this project will be from the impact fee fund.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached Work
Authorization No. 1 with Carter Associates, Inc., as presented.
27
FEB 15 1994
r FEB 15 1994 BOOK 91 PAGE 756
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
Wastewater Work Authorization #1 with Carter &
Associates, Inc. for engineering services, as
recommended by staff.
WASTEWATER WORK AUTH. #1 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
REMOVAL OF RIVERS EDGE SUBDIVISION'S WASTEWATER TREATMENT PLANT &
WATER TREATMENT PLANT STORAGE TANKS
The Board reviewed the following memo dated 2/4/94:
DATE: February 4, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO(0�
DIRECTOR OF UTILITY SERVICES
PREPARED TERRY H. DRUM7*-'
AND STAFFED ENVIRONMENTAL SPECIALIST
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: REMOVAL OF THE RIVERS EDGE SUBDIVISION'S 20,000 GPD
WASTEWATER TREATMENT PLANT AND WATER TREATMENT PLANT
STORAGE TANKS
BACKGROUND
On November 30, 1993 the 20,000 GPD Wastewater Treatment Plant
Facility at Rivers Edge Subdivision (located West of Roseland on
Roseland Road, S.R. 505) ) was taken off line. On January 17,
1994, the Water Treatment Plant Facility for Rivers Edge was taken
off .line. The new Indian River County water main and force main
construction along Roseland Road is now providing Rivers Edge with
utility service.
ANALYSIS
Upon approval by the Indian River County Board of County
Commissioners, the Department of Utility Services will contact
several contractors to obtain bids for the sale and removal of the
remaining items from the 20,000 GPD Wastewater Treatment Plant
(See Attached List) along with the sale and removal of a 100,000
gallon, ground storage water tank and a 5,000 gallon pneumatic
water tank that was used in conjunction with the water treatment
plant.
As with past bids for these items, a low bidder turnout is
expected. This is mainly due to the age and condition of the
28
facilities, the low price of scrap steel in today's market, and the
cost of dismantling and removing. We estimate the selling price
for the concrete cells that make up the wastewater treatment plant
around $500.00. We estimate the water tanks to sell around
$3,000.00
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the process of obtaining
quotes for the sale and removal of the subject facilities.
A. RIVER'S EDGE - WASTEWATER TREATMENT PLANT
1. 5 - 5,000 GALLON CONCRETE AERATION TANKS
2. 1 - 5,000 GALLON CONCRETE TANK (INCLUDES A CONCRETE
DIVIDER FOR THE PURPOSE OF A 2,500 GALLON COMPARTMENT FOR
CHLORINE CONTACT AND A 2,500 GALLON COMPARTMENT FOR A
DIGESTOR)
B. RIVER'S EDGE - WATER TREATMENT PLANT
1. 1 - 200,000 GALLON STEEL GROUND STORAGE TANK
2. 1 - 5,000 GALLON PNEUMATIC STORAGE TANK
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously authorized
staff to obtain quotes for the sale and removal of
the subject facilities.
PROPOSED SLUDGE AND SEPTAGE RATES
The Board reviewed the following memo dated 2/3/94:
DATE: FEBRUARY 3, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. P
DIRECTOR OF UTZ?T4OSERVICES
PREPARED HARRY E. ASHER
*,-
AND STAFFED ASSISTANT DIRECTOR OF UTILITY SERVICES
BY:
SUBJECT: PROPOSED SLUDGE AND SEPTAGE RATES
BACKGROUND:
The County completed construction and began operation of its new
sludge and septage treatment facility in August, 1993. With the
29
BOOK 91 aG
x.5199 �� s
9
500K 91 FacE 758
completion of the sludge/septage facility and the establishment
of the operating budget for the 93-94 fiscal year, the County
authorized its rate consultant, CH2MHill, to evaluate the
sludge/septage operating costs based upon the established budget
and submit proposed sludge and septage rates.
ANALYSIS:
CH2MHill has completed its evaluation and has submitted their
report setting forth the proposed rates(copy attached). The
proposed rates are as follows:
Sludge and/or Septage
Dollars Per 1,000 Gallons $30.82
Dollars Per Wet Ton $ 7.39
Rate per 1.000 gallons of low or high solids concentration sludge or
septage
(((((mg/l proposed sludge - 17500)/1,000)*8.34)/2,000)*$253.3il+$30.82
(((mg/l proposed sludge - 17500)/11000,000) *$253.38)+$7.39
Notes:
a) The recommended rates assume domestic sludge/septage with
solids concentrations of between 1.5 and 2.0 percent.
b) Costs incurred by County to sample, monitor, and/or test
wastes to verify solids concentrations, metals content, etc. or
additional costs incurred to handle or dispose of wastes with
high metals concentrations or other nondomestic waste
characteristics should be recovered from the users discharging
the wastes in addition to the above charges.
RECOMMENDATION:
The staff of the Department of Utility Services recommends -
approval of the attached resolution authorizing the recommended
sludge and septage rates.
30
- M M
Utilities Director Terry Pinto reported that after a year of
operation of the treatment plant, we have gone back and looked at
the actual cost of operations and the cost of treatment of septage
and sludge. There are several areas of particular importance in
deriving a rate for a new facility. Because the facility is
working at approximately 10 percent of its operating capacity, it-
is not equitable to the customers to strike a rate placing all of
the operating costs and all of the capital costs on its existing
customers. A private utility normally is allowed to recover at 100
percent when they reach 70 percent of their capacity. If they are
operating at less than 70 percent of their capacity, the company
usually is made to absorb the excess cost so as to not penalize the
customers who were first on the system. In our case, the costs
would be distributed across the entire system and a rate struck for
those truckers dumping septage and sludge. The rest of the funds
would be recovered through the entire system. We have chosen 70
percent because we think it is a fair and equitable way to strike
the rate.
Commissioner Macht asked if we had received Tallahassee's
standpoint on the spreading of sludge. It seems that the spreading
of sludge is an acceptable practice by important elements of both
the state and federal governments and no short-term change is
expected.
Director Pinto explained that when the new regulations were
developed, there were some strict requirements for the spreading of
sludge. The problem is that the requirements are self-monitoring,
and we don't really know who is spreading the sludge or whether
they are meeting those requirements. Indian River County would be
allowed to spread treated sludge, but we don't think that is the
most effective method. Director Pinto emphasized that at this
point, it is a Health Department issue. Any costs incurred by the
Health Department in these matters have to be borne by the Health
Department, not Utility Services.
Administrator Chandler noted that there are certain areas in
our Comp Plan and LDRs that define where we can spread sludge and
more information on that will be brought to the Board in the near
future.
Commissioner Bird asked how these proposed rates compare to
other counties, and Director Pinto advised that the rates run
anywhere from $12 to $100, depending on the degree of treatment.
He wished to emphasize that the County had no choice but to build
a sludge treatment facility and the City of Vero Beach must build
a sludge facility also. The preferable way to get rid of treated
sludge is through compost.
31
JEB 1519941 BOOK PAC�Y'•�c�
r FESi 5 1994
BOOK 9;' F'Aof
Commissioner Adams asked several very technical questions at
this point, and Director Pinto explained that we need to be
competitive with neighboring counties in order to get customers to
bring sludge to the plant. That is the reason we struck the rate
based on 70 percent capacity.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 94-35, amending and setting rates for
disposal of sludge and septage.
RESOLUTION NO. 94-_ 3s
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING AND SETTING RATES
FOR DISPOSAL OF SLUDGE AND SEPTAGE.
WHEREAS, by Resolution No. 91-31, the County adopted certain rates,
fees, and charges for the Department of Utility Services; and
WHEREAS, it is now necessary to amend and set certain rates for the
disposal of sludge and septage at the Department's new sludge and septage
disposal facility;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The rate to be paid for disposal of sludge and septage by the
Department. of Utility Services shall be as shown on attached Exhibit
"A. a
2. Any rates and charges adopted by Resolution No. 91-31 in conflict with
this resolution shall be superseded effective on adoption of this
resolution.
The resolution was moved for adoption by Commissioner Adams ,
and the motion was seconded by Commissioner B i r d , and, upon being
32
put to a vote, the vote was as follows:
Chairman John W. Tippin A y e
Vice Chairman Kenneth R. Macht A y e
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and
adopted this fir_ day of E a h r u a ry , 1994.
Attest:
Jeffrey K. Bartoll., Clerk
Attachment: Exhibit "A"
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
John . Tipp'
Chairman
EXHIBIT "Al
Table 4
Indian River County
Recommended Sludge and Septage Rates(b)
I FY 1993-94 Per 1000 Gallons (a) $30.82
Dollars Per Wet Ton (a) $7.39
Rate Adjustment Formula for Sludge with IIigher or Lower Solids Concentrations:
Rate per 1,000 gallons of low or high solids amcentration slud a or scpMM
(((((mg/1 proposed sludge - 17.500)/1000)16834)/2000)*$2S3.39)+•S30.92
Rate ver Wet Ton of low or high solids concentration sludge or septagew
(((mgA proposed sludge - 17,500U1,000,000)*$253.38)1-$7.39
Notes:
a) Recommended rates assume domestic sludge with solids
concentrations of between 1.5 and 2.0 percent.
b) Costs incurred by County to sample, monitor, and/or test wastes
to verify solids concentrations, metals content, etc. or additional
costs incurred to handle or dispose of wastes with high metals concentrations
or other nondomestic waste characteristics should be recovered from the users
discharging the wastes in addition to the above charges.
33
FEB 15 1994 BOOK 9 E
n
FEB 5 994 BOOK 71 -,GF.
VISTA FORCE MAIN AND RETROFIT PUMPING STATION - FINAL PAY REQUEST
AND CHANGE ORDER
The Board reviewed the following memo dated 1/25/94:
DATE: JANUARY 25, 1994
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILI ,�S�ERVICES
PREPARED WILLIAM F. MCCAIN�,}'c �"
AND STAFFED CAPITAL PROJECTS ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: VISTA FORCE MAIN AND RETROFIT PUMPING STATION
FINAL PAY REQUEST AND CHANGE ORDER
INDIAN RIVER COUNTY PROJECT NO. IIS -92 -16 -CS
BACKGROUND
On March 16, 1993, the Indian River County Board of County
Commissioners approved a contract with Schopke Construction and
Engineering, Inc., for the above -referenced project (see attached
agenda item and minutes). We have put the system on line and are
now prepared to final the project out. There are some changes that
must be addressed in this finalization due to some difficulties
during the project with both the contractor and the Vista Properties
Homeowners Association. Additional surveying services were required
due to a route change through the Vista development at the request' -
of the homeowner, along with direct purchase of two control valves,{
which the contractor had difficulty providing.
ANALYSIS
The original contract amount was $198,592.00; the attached change
order reduces the contract amount by $9,382.78, making the final
contract amount $189,209.22. The County is proposing purchasing and
installing the deleted control valves at a price of $5,683.34 via a
purchase order from Diller Brown, as this is a sole -source
speciality item (see attached quote from Diller Brown). The
additional survey (i.e., easement description) cost is $3,640.00 as
performed by Masteller, Moler and Reed (see attached quote). The
final costs associated with this contract are as follows:
Original contract amount $198,592.00
Deduct Change Order No. 1 - 9,382.78
Additional Survey + 3,640.00
Additional Valves + 5.683.34
Final Contract Pricing + $198,532.56
with all changes
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the contractor's final pay
request and associated project expenditures as outlined above.
34
� � i
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously approved
the final pay request and Change Order #1 of Schopke
Construction & Engineering, Inc., as recommended by
staff.
CHANGE ORDER';#5�IAND FINAL PAY REQUEST ARE ON
.FILE IN THE OFFICE OF THE CLERK TO THE BOARD
UPDATE ON COMMITTEE APPOINTMENTS
Chairman Tippin reported that we have a number of committees
with vacancies, but we have had only one response to our newspaper
ad.
Commissioner Bird advised that he talked to an individual
yesterday who is sending in a resume for appointment to the Board
of Adjustment. With regard to the Professional Services Advisory
Committee, he suggested that Chairman Tippin call J. B. Norton of
the Chamber of Commerce for the names of good, qualified people to
6, fill those vacancies.
Chairman Tippin wanted to see the Commissioners do more
recruiting along those lines rather than relying on newspaper
advertising.
Commissioner Eggert agreed; she felt that over the long term,
it is not fair to depend on the chairmen of the various committees
to recruit members to fill vacancies.
REPORT ON P.E.P. REEF
Commissioner Adams gave a brief report on last week's seminar
in Tampa on beach and shore preservation technology, noting that it
was pretty much devoted to alternative technology. There is a lot
of pressure on Tallahassee not to do anything other than sand
pumping because many engineering firms have true vested interests
in sand pumping design, and the money involved is quite extensive.
Commissioner Adams reported that IRC's permit application is
being moved through the system with a few exceptions with some
objective views. She recalled that at the Commission meeting two
weeks ago it was left that she and Don Donaldson, the County's
coastal engineer, would negotiate to try and get the cost down on
the numerical model. At this point, she felt they have pretty much
knocked that out. If we want to go with a physical model, Dr. Dean
of the University of Florida indicated that he would like to get
35
FEB 15 1994 ` F 76
BOOK
involved. We will be visiting with the other engineers involved,
but our position is that we are not willing to delay the project
for any long-term type of study due to the severity of beach
erosion in some areas. However, Dr. Dean has given us a very good
proposal, cost -wise, and the offer that we may send our engineers
to do the modelling and study.
Commissioner Adams advised that Kirby Green has said we will
get the permit, the only question is when. We have been asked to
answer additional questions, but she wondered when the questions
will stop. There is cooperation between counties through FACo. It
looks good, we are moving forward, and the Beach & Shore Committee
may bring a recommendation to the Board next week.
Chairman Tippin commended Commissioner Adams for all her
efforts in behalf of getting the P.E.P. reef permitted.
SOLID WASTE DISPOSAL DISTRICT MEETING
Chairman Tippin announced that immediately upon adjournment of
this 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 unanimously carried, the Board adjourned at 10:50 a.m.
ATTEST:
J. . Barton, Clerk John W. Tippin, C airman
36