HomeMy WebLinkAbout04/19/1967WEDNESDAY, APRIL 19, 1967
The Board of County Coissioners of Indian River County met
in Regular Session at the. Courthouse, Vero Beach, Florida on Wed-
nesday, April 19, 1967, at 8:30 o°clock A. M. Present were Vice -
Chairman D. B. McCullers, Donald Macdonald, Richard P. Bogosian and
Jack D. Dritenbas. Absent was Chairman Robert W. Graves. Also present
were County Attorney Sherman N. Smith, Jr.; County Administrator Jack
G. Jennings and Alfred H. Webber and Ruth Elliott, Deputy Clerks.
Mr. James V. Slade, Conservationist, introduced Mr.. Richard Thomas
andsMr. Don Sembler, commerical fishermen; Mfrs. Murray Michaels, Pelican
Island Audubon Society President; Mr. Paul E. Summers, President of
Sebastian Inlet Conservation Club; Mr. Lawrence Wineland, Wildlife
technican, Pelican Island National Wildlife Refuge; Mr. Larry Shanks
of the Florida Game and Fresh Water Fish Commission; Mr. Hector Thornberg,
Conservationist; Mr. James L. Hair, President of the Vero Beach Anglers
Club and Mr. Robert Allison, Mayor of the City of Vero Beach, all of
whom were present -in regard to the report of the Florida State Board
of Conservation dated April 12 pertaining to conservation,gcounty
bulkhead lines and dredging areas./ After hearing further evidence
from the delegation, and upon Motion made by Commissioner Macdonald,
seconded by Commissioner Bogosian, the following Resolution was
unanimously adopted:
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10 Mai133
RESOLUTION NO. 67-25
AREAS, the Board of Cou:i:ty Coissioners of Indian River
County, Florida, has received a'requested report, dated April 12,
1967, from the Florida State Board of Conservation, in which it is
stated in the concluding paragraph, that °mounting research indicates
that our estuaries are actually and potentially too valuable to be
used as borrow areas and dumping grounds for the undesirable by-
products of urbanization, agriculture and industry", and
WHEREAS, the above conclusio►, is supported by .additional tech-
nical advice and expressions of public interest received at this meeting
from local conservation groups and conservation experienced individuals,
with respect to the dam ging effect of dredging and dredge filling
in the waters •,f the public estuaries of
emphasis on the east shore
Sebastian Inlet;
NOW, THEREFORE, BE IT RESOLVED Oat
of the Indian
this county and with special
River southward from
the
the above report and the
representations presented, together with evidence previously collected,
is now sufficient evidence to warrant decision at this time, that
any further dredging in public estuarine waters beyond mean high water
or established bulkhead lines, except for navigational channels,
.bottorehabilitation or other public projects would be againstthe
public interest; and
BE IT FURTHER RESOLVED that non-public fills in the Indian River
and Sebastian River should. be permitted only in those areas protected
fro open water by,seawalls or adequate retaining dams to prevent
backwash into the river and that only aterials from. navigation
channels or from the ocean with discharge to the ocean or fromtdpland
sources should be used,; :and
BE IT FURTHER RESOLVED that the District Engineer of the Corps
of Engineers, Jacksonville, Florida be advised that these resolutionss
apply as reco endations for their attention with respect to out-
standing and pending dredge and fill permits for the east shore of
the Indian River along A1A from the area of the Pelican Island. National
Refuge to Chobia Dock and Coconut Point; and
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BE IT FURTHER RESOLVED that certified copies of this Resolution
be furnished the District Engineer, the State Conservation Department,
the State Game and Fresh Water Fish Commission, the Trustees of the
Internal Improvement Fund, the Cities of Vero Beach, Sebastian and
Indian River Shores, and by request to such other public agencies
and local conservation representatives as the Clerk finds to be
warranted.
a, ee e e to a*** a s e*
Upon Motion by Commissioner Macdonald, seconded by Commissioner
Bogosian, the following Resolution was unanimously adopted:
RESOLUTION NO. 67-26
WHEREAS, this Board did by its Resolution No. 67-18 recommend
to the Bureau of Sport Fisheries and Wildlife of the United States
Department of the Interior that the federally owned islands of the
Pelican Island National Wildlife Refuge be included in the National
Wilderness Preservation System, and
WHEREAS, there now seems to be -t question that this Board's
recommendation was not intended to include those federally owned
islands where there has been soe manmade scars by diking and ditching.
NOW, THEREFORE, BE IT RESOLVED that the the Board of County
Commissioners of Indian River County, Florida, desires to reaffirm
Resolution No. 67-18 and specifically states that said Resolution
was intended toinclude all .of such federally owned islands.
BE IT FURTHER RESOLVED that a certified copy of this Resolution
be forwarded to the Director of the Bureau of Sport Fisheries and
Wildlife, U.S. Department of the Interior, Washington, D. C.
a * * * e m et es es
eooi 4E315
APR 191967
Mr. Thomas H. Trent, Civil Defense Director, submitted quotations
he had obtained for the painting of the Civil Defense offices. On
otion made by Commissioner Dritenbas, seconded by Commissioner Macdonald
and unanimously carried, the low proposal of Tom Higgins Painting
in the sum of $290.00 was approved.
Motion was made by Commissioner Macdonald, seconded by Commissioner
Dritenbas and unanimously carried, that Commissioner Bogosian be
authorized to represent this Board at Tallahassee on April 19 in regard
to the headquarters of the Fourth District Court of Appeals being re-
tained in Vero Beach.
A petition was received from the business establishments in the
vicinity of 43rd Avenue ::nd SR 60, requesting some relief from the
dust created by the construction of 43rd Avenue, north of Sk166.
After discussion, it was moved by Commissioner Dritenbas, seconded by
Commissioner Macdonald and unanimously carried that the County commence
to pave 43rd Avenue from SR 60 to Walker Avenue and also between North
Gifford Road and South Gifford Road.
A letter dated April 14 was received from Mr. J. A. Thompson,
Superintendent of the Board of Public Instruction, informing the
Board that the School Board has determined that they would not be
ahle to expend school funds on projects off of school property. This
was in answer to the County!.# request that.the School Board consider
participating in the.projec_t to provide sidewalks and bicycle paths
in the area of the new Citrus Elementary School on Emerson Avenue.
Commissioner Bogosian stated that he had a petition from one of the
residents in the area of the new school that they do not expect a
fancy sidewalk but are interested in the children being able to get
off the road. After discussion, it was moved by Commissioner Mac-
donald, seconded by Commissioner Dritenbas and unanimously carried
that the Board request the State Road Department to consider designing
the typical section on Emerson Avenue to contain a ten (10) foot berm
lying parallel to and abutting the west right-of-way line, said berm
,to extend along the west side of Emerson Avenue (27th Avenue) from
8th Street to the South Relief Canal.
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Sheriff Sa,'; T. Joyce appeared before the Board pointing out
the problems and daggers of sur boarding and skiing in the Sebastian
Inlet. The Board approved a letter to County Attorney Leon Stromire
of Brevard County, asking if they would join with this County in re-
questing legislation regulating or prohibiting skiing or surfing in
or within 200 feet of the Sebastian Inlet. The Sheriff also stated
that with the number of boats capsizing in the Inlet, if the Coast
Guard does not assist, that the Sheriff's Departments of this County,
and Brevard will have to alternate having a boat up there on weekends
and he urged that the Chairman appoint someone to meetwith the Brevard
County Commission and Sheriff's Department. Vice -Chairman McCullers
and Commissioner Dritenbas volunteered to meet with the Brevard group,
if they so'desireo
Mr. Charles I. Keebler appeared before the Board stating that
when he donated the right-of-way for A1A,(SRD No. 142R) the map which
accompanied the request for deed showed only 60 feet from the A1A
east right-of-way line to his land to fill; but now, by measurement,
the actual width to be filled is 135 feet.. He requested the County
to assume the responsibility of obtaining the necessary permission
frothe I.I. Board and Corps of Engineers for hi, to fill ,.his land
Aftany other assistance the County might. give hi . After considerable
discussions it was moved by Cowi.issioner Dritenbas, seconded by
Commissioner >#ogosian and unanimously carried, that the Board take no
action on the request of Mr. Keebler and suggest to him that he follow
the proper legal and engineering channels to fill his property without
aid fro the 'County.
I ,
Motion was made by ,Commissioner Macdonald, seconded by Commissioner
Bogosian and unaii.»ously carried that the,3oard approve the form of
Agreement between thelBoard and Florida Board ®f Forestry involving
37 acres., more or less, of the area commonly known as Wimbrow Park.:
for period ,of twenty-five (25) years, with option to renew for an
additional twenty-five (25) years.
At this point in the meeting, Commissioner Bogosian was excused
to leave for Tallahassee.
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Motion was ade by Co..;:issioner Dritenbas, seconded by Commissioner
Macdonald and carried, that the County Architect, Willia Go Taylor
has give his certificate to this Board that he has inspected, approved.
and accepted the construction of the Courthouse Annex in accordance
with the Contract between the County and Netto Construction, Inc.; and
has further certified that that portion of the contract is totally
completed and that constitutes substantial completion of the entire
contracts but the full completion is aterially delayed through no
fault of the contractor because the County has not been able to move.
the county offices in the existiig Courthouse to permit the minor
alterations to be completed; and has certified that final payment of
the balance due for that portion of the work fully completed and
accepted should now be adee and that this Board has inspected and
accepted the work that is so completed and payment to the Contractor
of the balance due at this time according to the certificate of the
architect of $11,070.04 shall be forthwith made.
On Motion by Commissioner Dritenbas, seconded by Commissioner
Macdonald and carried, the application of Madge Barnett for admission
to the Southeast Florida Tuberculosis Hospital was approved.
Commissioner Dritenbas-reported that he had received a call from
Mrs. Florence Pitcher complaining of the fumes and smoke from the
asphalt plant in operation south of Vero Beach, west of the railroad.
The County Attorney stated that he knew of no authority the County
would have, but that he would check into the possibility of a division
of the State Board of Health having the power to regulate and control
the amount of dust and smoke in the atmosphere.
On Motion by Commissioner Dritenbas, seconded by Commissioner
Macdonald and carried, the bill of $313.81 to provide a storage tank,
11 hp pump, and pipe for the water supply to the houses at the County
Garage, was approved.
The Board then recessed at 12:00 o'clock and re -convened at
1:10 o'clock P.' M. '
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The Board then discussed the .atter of proposed legislation
authorizing consolidation of the tax assessent and collecting offices
of the City of Vero Beach with the County. It was the opinion of the
me bers present that the Board is interested i4. the City of Vero Beach
paying :=.t least the ::dditional expenses to each office but that the
question of personal compensation is a matter between the official and
the City.
The County Administrator advised the Board of a sew procedure
of the State Road Department iwailable to counties in making ppraisals
for right-of-way; wherein, upon request, the SRD will send a man at
$25.00 per day plus per die expenses, who will make an opinion of
value of the right-of-way to show those of nominal value. Those of
nominal value, the County ay negotiate up to that amount. On those
not considered nolinai, the County will have to have :=. full blown
appraisal. After discussion, it was oved by Commissioner Macd.nald,
seconded by Commissioner Dritenbas and carried, that the Board accept
the State Road Department's proposal for appraisals on Old Dixie High-
way, (SR 605) from SR 612 to 19th Street.
The County Administrator infored the Board of a Notice from the
Corps of Army Engineers of an application by Mr. W. R. Price for
permit to construct a bulkhead, ramp and pier,'iSection 31, Twp. 32S,
Rge 40E, in the City of Vero Beach. Motion was ,;,ave by Commissioner
Macdonald, seconded by Coissioner Dritenbas and carried, that the
Corps of Army Engineers be advised that the Board of County Commissioners
has no objections to the issuance of the permit.
The County Administrator reported that settlement for the
appraised value of $140.00, plus $75.00 attorney fees, can be obtained
for, 10° x330° right-of-way on 6th Avenue, from Investors Enterprises.
It was moved by Commissioner Macdon:ld, seconded by Commissioner
Dritenbas and carried, that the Adinistrator be authorized to settle
for the total amount of $215.00 for this parcel.
.',An.: offer fro. Mr. Raymond Sith to give the , County 24° easement
between Lots 2 and 3, Naomi Place Subdivision, Plat Book 7, page 16,
Indian River County Records, in lieu of opening the easement as shown
on the recorded plat between Lots 4 and 5, on which has been planted a
11
number of trees, vas submitted by the County Administrator. On Motion
by Commissioner Macdonald, seconded by Commissioner Dritenbas and carried,
the Board accepted the offer.
APR 191967 eoOK
On motion by Co,wissioner Macdonald, seconded by Commissioner
Dritenbas and carried, the County Administrator was authorized to
go to Kissimmee to see if arrange,)vents can be made to cooperate with
thein maint.lining that part of the Fellsmere grade being in Indian
River County and lying west of the marsh, because of the distance
involved idn,gettiig our equipment there. The maintenance and repair
of the road had,been requested by Mr. B. E. Greene.
Motion w made by Commissioner Macdonald, seconded by Commissioner
Dritenbas and carried that the County Administrator be authorized to
cap the well at the county's sanitary land fill, and install a stand
pipe in the amount of $281e42e
After discussion, it was oved by Commissioner Macdonald, seconded
by Commissioner Dritenbasand carried, that the offer of J. Boyd McNeal
of $2,S,0p relative,to the demolition ofoldSea Mist Hotel at Wabasso
Beach .;ark be rejected; and that the County Administrator be authorized
to immediately start demolition of the hotel and concession'stande
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The County ,Ad,l,:inistrator reported that the Zoning Board has
made,its final,recpmmendation to this Board that the Zoning Map be
changed so that the following described property, situated in Indian
River County, F1olcida;,
All of Carver Colony Subdivision, according to the plat
recorded in Plat Book 4, page 87
be tihanged from 14 1 Industrial Dis-triOt to R2, Single Family District
(request byMr.'A. Te LeFvre), On Motion by Commissioner Dritenbas
seconded' by'Coimniisioner Macdonald and carried, the Board tentatively
approved the'Zoning Board's reco:,lmendationand ordered that a public
hearing be held onlMay 24, 11967, at 9:00o°clock A. Me
The County Administrator presented :Metter dated April 17
from MYan Richardson, Chairan of the Sebastian River Drainage
District requesting the County to build a 12° wide bridge across Lateral
A, approximately one mile South of Tramm Roar, After considerable
discussion,'the'Board authorized the County Administrator to advise
the Drainage District that a 12° bridge is not adequate; but the County
would construct a 16° x 4S° bridge on creosote piling and the County
APR 1 1967
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is to be reimbursed in the;..r..ount of $2,900. The County would also.
request that the Drainage District agree to permit them to obtain the
necessary fill for the construction of North Winter Beach Road between
Randh Road and Rangeline,
The County Administrator presented a request of Mr. Cola Streetman
regarding the possibility of extending Ludwig Lane, 1/4 mile west of
Monroe Road, The Administrator stated he had checked it, there was
a 60° drainage district right-of-way, the south 30° is a drainage
canal and there is 30° which could be used for a road; but he rec-
commended that, if the county builds the road on drainage district
right of way, that :n additional 30° feet be obtained from the owner
on the north, The Board suggested that Mr. Streetman be requested,
to give another 30° and the matter will be considered further.
On Motion by Commissioner Macdonald, seconded by Commissioner
Dritenbas nd carried, the Board employed a woman for additional
janitorial works- five and one-half days a week, :.t a salary of $200.00
per month.
On Motion by Commissioner Macdonald, seconded by Commissioner
Dritenbas and carried, Commissioner Macdonald and Commissioner Dritenbas
were authorized to attend an Engineering Symposium on Beach Erosion
Control in Stuart on April 20-21; and Commissioner Macdonald to attend
a Regional Planning Council meeting in Orlando on April 27.
The several bills and accounts against the County, having been
audited, were examined and found to be correct, were approved and
warrants issued in settlement of same .s follows: General Fund Nos.
6887 to 6943, both inclusive; Road and Bridge Fund, Nos 43.54 to 4387,
both inclusive; Fine nd Forfeiture Fund, Nos. 689 to 692, both inclusive.
Such bills and :.ccounts being on file in the office of the Clerk of the
Circuit Court, and the warrants so issued from the respective funds
being listed in the Supplemental Minute Book as provided by the rules
of the State Auditor, reference to such record and list so recorded,
being ade a part of these minutes.
There being no further business, on Motion made, seconded and
carried, the Board adjourned at 2:37 o'clock Pa M.
ATTEST:
ROBERT W. GRAVES, CHAIRMAN
Book
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H HARRIS,- CLERK ,PE 19177