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HomeMy WebLinkAbout12/06/1967WEDNESDAY DECEMBER 6, 1967 The Board of County Commissioners of Indian River County, Florida met in regular session at the Courthouse, Vero Beach, Florida on Wednesday, December 6, 1967 at 8:30 . M. Present were Robert W. Graves, Chairman; D. B. McCullers, J., Vice Chairman; Donald Macdonald, Richard P. Bogosian and Jack U. Dri4nbas. Also present were Jack G. Jennings, County Administrator; Sherman N. Smith, Jr., County Attorney; and Alfred H. Webber and Janet Burriss, Deputy Clerks. The Chairman called the meeting to order and asked if there were any corrections or additions to the minutes of November 22, 1967. There were none and on Motion made byllCommissioner McCullers, seconded by Commissioner Macdonald and unanim approved as written. Mrs. .Rose Dutton, JosepPappac of Whispering Palms Subdivision appe usly carried, the minutes were and a group of fourteen residents red before the Board requesting the removal of the Oslo Dump. They had submitted a petition of one hundred and fifty signers who compla°ned of flies, rodents and fires started in the dump. No action was aken by the Board. Mr. A. M. Southworth, President of Southworth Associates Inc. appeared before the Board in regard o the Motor Vehicle Inspection Law. He explained that his company ould set up policies and procedures as to administrative pers nnel, the most efficient way to organize and equip, go into the prob ems of fines and violations, recommend type of equipment, give es imate of cost of inspection stations and plan a program of expan year's income. Mr. Joe Earman of the Earman Oi Board at this time, in opposition to sion for a fee of l0/ of the first 1 Company appeared before the the participation of the County in the Motor Vehicle Inspection. He felt that the cost to the County ve, all things considered, and at operators in free enterprise gular personnel could handle the for its operation would be prohibiti believed that , on the other hand,. ,,t now have some of the•equipment and r inspection. as a part oftheir daily duties. Dec iv 10 PMME535 After considerable discussion the Board thanked Mr. Southworth for the information submitted. No action was taken by the Board. ,Attorney G. W. Stikelether appeared before the Board presenting a petition signed by two hundred and eighty (280) property owners in the Gifford Area requesting the establishment of a Special Improvement Service District pursuant to Chapter 61-2277 for the purpose of _ providing a water and sewerage system. He showed an aerial photograph pointing out the area of the proposed District. Mr. Stikelether stated that the names of the signers of the petition would be given to the Supervisor of Elections for survey as to whether they were registered free holders, if so, they would number over one fourth of all registered free holders in the area and would take further action. A Motion was made by Commissioner Macdonald, seconded by Commissioner Bogosian and unanimously carried that the Board does acknowledge receipt of the petition signed by qualified electors who own property and reside in a, certain area in Indian River County, Florida requesting a Special Improvement District pursuant to Chapter 61-2277 Laws of Florida, and the Board does herewith refer the petition to the Supervisor of Elections, formerly known as the Supervisor of Registration of this County with directions that she examine the petition and indicate thereon the qualified free holders residing in the area and that she file this with the Board of County Commissioners setting forth the number of those who own real property from the number thereof who have signed the petition. Forrest McCullars, County Agricultural Agent reported that there was an infestation of fruit flies in the state. He reported that this was of no signifigancein Indian River County at this time; but that if it did become a problem here, applications to the Program, which would assist in one third of the cost, were available to us. The Board recessed at 11:45 A. M. and reconvened at 1:00 P. M. A letter was received from Ed Schlitt Agency reporting that the house at the old Winter Beach Bridge Head Property mentioned in the minutes of September 20 is uninsurable at the present time. After some discussion the Board decided that State Roalfiepailkst 800k PAUJOU DEC 61967 Resolution, regarding Interstate'950 and our relinquishment of right -of- , way for its crossing of Oslo Road,be held until the County Attorney makes further studies and inquiries into the matter. On a Motion made by Commissioner Macdonald, seconded by Commissioner Bogosian and unanimously carried the State Road Department is requested to lower the speed zone on Glendale Road from U. S. #1 to King's Highway to a limit of 45 miles per hour. Mr. Tony Morris, appearing in behalf of Goodbody and Company, presented Mr. Courtland Rudolph who read a report on financial data on Indian River County as of December 1, 1967. The report indicated that Indian River County is in excellent financial condition. It was received and placed on file in the office of the Clerk. The East Central Florida Planning Council was represented by Mr. Gordon Wagner, Director, who discussed the program of the Council for the ensuing year. .He explained that in the past most of their work was of a researchnature but that they were now entering into an implementation stage. The present program will include: 1. Coastline Study a. Physical resources and conditions (1) Land use survey which will be of value to Indian River County and Vero Beach b. Economic Resources (1) Policies and Objectives (2) Public Facilities (a) I-95 Interchange (3) Urban Development (4) Agriculture c. Summary of Regional Plan • Land Development a. Zoning & Subdivision Procedures (1) Initiation (2) Operation Mr. Wagner also outlined the general activities of the Council and offered all possible assistance to the County in all the plans of the Council program. Mr. Thomas H. Trent, Civil Defense Director, reported that it will be necessary for the Commissioners, as Civil Defense Council, to review several matters and to pass a resolution. He requested that a special meeting be held in his office in January. The Chairman agreed to do this and to notify the Director of the time when the meeting would be held. DEC 61967 BIN 1.0 fltE5317r On a Motion made. by Commissioner Macdonald, seconded by Commissioner Bogosian and unanimously carried, at the request of Russell Burks, the plat for Crystal Sands Subdivision was tentatively approved, subject to final development being made in accordance to subdivision regulations and approval by the Mosquito Control District. A letter dated November 22 from James F. Pryde, City Manager, City of Vero Beach was recieved, requesting that Municipal Road Tax Funds remaining upon completion of the 18th Street project, as well as funds to be made available for 1967-68 allottment, be forwarded to the City of Vero Beach when collected. A Motion was made by Commissioner Bogosian, seconded by Commissioner Macdonald and unanimously carried that the Board provide payment as collected. A request by letter dated December 5, 1967 from Glenn E. Smith, Member of the Board of Directors of Shiloh Youth Ranch for County donation of a County owned school bus waiting shelter, no longer in use, was denied. On a Motion made by Commissioner Macdonald, seconded by Commissioner Dritenbas and unanimously carried the County Administrator was authorized to deal with B. & S. Auto Parts on the removal of junked cars provided that they pick them up, and assemble them on the sanitary land fill area until there are enough collected, when they will then move them out of the County., A Motion was made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried that the County does herewith elect to exercise its option contained in the lease dated February 15, 1965 between the County and Fred F. Liebert and A. L. Liebert; that warrants be drawn to each of the above in the sum of $3,120.00 and that the parties be advised the County is prepared to implement the sale in option prior to December 31, 1967 in compliance with terms of the lease; and that the County elects to exercise its option contained in the lease dated February 15, 1965 between the County and Julian Lowenstein and Lillian Lowenstein and th.at4R7warrant be issued to them for $12,480.00 with the same conditions as above. BOOK 1.0 PAGE538 G 196? The County Attorney reported that the Sebastian Inlet District wants their easement as far to t C south -es possible but they can't work out an agreement with the owner to get it further south. Since the times for respective designations of right-of-way do not begin until the deeds from the State are recorded, the County Attorney advised that we might benefit by waiting. A Motion was made by Commissioner Macdonald, seconded by Commissioner Bogosian and unanimously carried that the County advises the Sebastian Inlet District that this]'Board sees no reason why this designation must now be made and objects to the proposed designation. VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, who on oath says that he Is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertise- ment, being a in the matter of L in the Court, was pub- lished in said newspaper in the issues of . L r�, ,l . ql, ? 6 , 14 4 ? Affiant further says that the said Vero Beach Press Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at•the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Swom to and subscribed before me this (SEAL) 1 - 1 r x day of 1w� A.D. i 9_ (Business Manager) (Clet-f - the ircu t ourt, Indian River County, Florida) NOTICE NOTICE' IS HEREBY GIVEN 'that the Board of County Commis- sioners of Indian River County, Florida, has adopted a resolution expressing a determination to adopt building, electrical, plumb- ing, sewage disposal or other codes providing for the safe construction, erection, alteration and repair of all buildings, structures and ap- ' purtenances except those used sole- ly for housing or storing agricul- tural animals, supplies, equipment ' or products by persons, firms or corporations engaged in agriculture, to be applicable and effective throughout the territory of Indian River County Lying outside the cor- porate limits of any municipality and to become applicable and ef- , fective within the corporate limits of any municipality located in the ;said County in the event the goy- ! erning body of the said municipality consents to have such provisions be- come applicable and effective. The Board of County Commissioners has called a public hearing to be held at 1:30 o'clock P. M. on December 6, 1967, in the County Commission- ers' Room,' Indian . River County Courthouse, Vero Beach, Florida, at which time the Board will hear all interested parties. BOARD OF COUNTY COM- MISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Robert W. Graves, Chairman Oct. 26, Nov. 2, 9, 16, 1967. The Chairman read the foregoing Notice and asked if anyone present wished to be heard. BOAk 10 FAGE539 DEO 619E Don Adams of the City Building Department suggested that: Paragraph (7) on Page 3 referring to the amendment of Section 105-1 (c) should be changed to reduce the sum of $300.00 to $100.00 and that permits should be required in all cases. County Attorney Smith suggested that the following clause be added: "and provided that this section does not apply to plumbing and electrical work." With regard to (b) of Paragraph 10 on Page 4, it was explained that the intent of the last sentence is that the affidavit may be accepted without examination or inspection of the drawings or plans, not of the actual structure. Page 4, it was suggested that the bond of $5,000.00 mentioned in Paragraph (11) be reduced to $1,000.00. Page 6, Paragraph (15), in place of "and two members shall be active inthe trade that is involved on the appeal of adjustment before the Board: Such trades shall be general contracting, electrical and plumbing." It was suggested that the following be substituted: "and two members shall be active in the building trades." Page 7, Paragraph (18), Mr. Adams suggested that one and two family dwellings should not be exempted from the requirement of .reinforced concrete footings or grillage of steel; and that Appendix D of the Southern Building Code should be made mandatory. On Page 13, Section 11, Line two, it was agreed that the "1959 edition" should read "1965 edition". On Page 25, Paragraph (10), Mr Adams strongly recommended that Section 109.2 not be repealed but be included. Mr. Frank Zorc, representing the Tax Payers Association of Indian River County read the following letter: 8OOk 10 PAGE 54O D .0 01967 iflXPflgfRS CISSOMTl6n Or IDDIflE 11IVER COUO1T�, I11C. A NON-PROFIT CORPORATION P. O. BOX 1751 VERO BEACH. FLORIDA "Nothing is easier than spending the public's money; it does not appear to belong to anybody. The temptation is overwhelming to bestow it on somebody."! - Calvin Coolidge Indian River County Commissioners Indian River County, Florida Honorable Chairman Robert Graves It is gratifying to note that the County Resolution Number 67 which pertains to the proposed building code, includes a great many of the recommendations which were included in the final report to the Commissioners by the county Building Code Committee. In view of the fact that a cross section of interests in this county worked dillegently to prepare those recommendations, we are pleased they are being included in the code. Although the County Resolution accepts most of the recommendations, we notice that numerous other requirements were added. Understand- ibly many of these have to do with the legal aspects which never were the responsibility of the Code Committee. There are several additions which we request be reviewed since they are contrary to the intentions of the Building Code Committee and were therefore purposly excluded in the recommendations of the Committee. 1. Article III Sec. 9. Electrical Code. The restriction of issuance of electrical permits only to electricians. 2. Article IV. Sec. 109.1 Plumbing Code. The restriction of who can perform plumbing work. It is felt that permits should be issued to anyone who meets the existing requirements for license by the state and county, and will abide and conform with the adopted code. Concern has been expressed that no unreasonable restraints be placed on anyone who desires to pursue an occupation,and.no restriction be placed on a property owner whereas he cannot obtain any permits or perform work in the development or up keep of any of his property. providing again he abides by the construction requirements of the code. 3. Septic Tank Regulations: Sec. 103.4 (a) (3) Regarding the right to appeal to the Building Code Board of Adjustments and Appeals. This should include in addition to appeals from the decision of the Build- ing Official, also appeals from the decision of the Board of Health regarding denial of Septic Tank Permits. 7 ViR 1.) lut541 GEC 61967 • TAXPAYERS ftSSOTIOD OF IA1DIDDl RIVED COURTD, 111D. A NON-PROFIT CORPORATION P. O. BOX 1751 VERO BEACH, FLORIDA "Nothing is easier than spending the public's money; it does not appear to belong to anybody. The temptation is overwhelming to bestow it on somebody." - Calvin Coolidge It is furthur recommended that prior to final adoption of the septic tank permit requirements, more specific details be publis- hed on the following; (a) The method to be used in determining whether certain land is suitable for septic tank installation and thereby eligible for building permits. (b) What system, if any exists, distinguishes between results of tests taken during extreme conditions of dry and wet weather where two tests performed on the same property might indicate opposite results. (c) Will the Health Department provide testing in advance for a prospective purchaser of land prior to'his purchase, so as to protect him from buying land which might be deemed not suitable for septic tank construction, and thereby not suitable for building, or require substantial expence to improve the property to meet the Health Departments demands. Lastly it is recommended that the Code provide specifically for flexibility in updating and changing any part which may become antiquated by more modern efficient methods of construction, and types of materials which can mean substantial savings to the consumer. Several of these changes recommended by the code committee are incl- uded in Resolution 67 which makes it distinctive from the City of Vero Beach regulations, and we feel it should remain so. Respectfully submitted.; TAXPAYERS ASSOCIATION OF INDIAN RIVER COUNTY, FLORIDA. Bui ;; •. g Co • Committee Chairman Ale AWL -4 Frank L. Zo. tong 10 P C[542 ®FC 619.67 Mr. Bob Jennings of the Indian River County Health District stated that it is his policy to allow persons to appeal his decisions regarding Septic Tank Permits to the Board of County Commissioners. Mr. Smith, County Attorney stated that such appeals should legally be made to the State Board of Health and not -to the Board of County Commissioners. Commissioner Dritenbas suggested the possibility of installing one or more bench marks in each subdivision to assist in determining requirements for proper elevation. Page 4, Paragraph (9), it was questioned whether Section 105.4 contained a conflict in authority between the inspectors of the City and the County. The County Attorney explained that the buildings will be inspected by the City and the zoning requirements by the County. Considerable discussion arose regarding the licensing of persons engaged in plumbing and electrical work, either as a means of liveli- hood or merely for a friend or onesself. It was finally suggested by the County Attorney and by Commissioner Dritenbas that licensing requirements might properly be handled under another resolution and not be allowed to delay the adoption of the Building Code. Mr. Pat Corrigan and Mr. Fondren Mitchell appeared on behalf of property owners in the western portion of the County, requesting that all non-residential agricultural structures be exempt from the provisions of the Building Code with such exceptions as might be specifically designated. After considerable discussion, the County Attorney recommende'dthat a line be drawn along the west bounderies of the Indian River Farms Drainage District, the Sebastian Drainage District and the Fellsmere Drainage District; and that all of'that,portion of the County west of this line be exempt from all requirements of the Building Code. This suggestion appeared to meet with the approval of all concerned. A Motion was made by Commissioner Dritenbas, seconded by Commissioner Bogosian and unanimously carried that this Public Hearing on the adoption of the Building Code be continued at the next meeting of the B AAa 1 on mml 10 PA6Eo 4J December 20, 1967 at 10:00 o'clock A. M. Commissioner Macdonald reported that there was to be a Public Hearing with the Corps of Engineers at the Flood Control Zistrict nrr g 1087 in West Palm Beach on December 19, 1967, regarding the installation of locks in Canal C-54, and requested that he be authorized to attend the meeting. On a Motion made by Commissioner Macdonald, seconded by Commissioner McCullers, the following resolution was unanimously adopted: RESOLUTION NO. 67- 75 The Board of County Commissioners of Indian River County, Florida, resolves: That it does heartily 'endorse, approve and support the recently developed concept of providing navigation and recreation facilities in the works of the Central and Southern Florida Flood Control District. This Board speci- fically requests the Central and Southern Florida Flood Control District, the Corps of Engineers of the United States t;apartment of the Army, and all other public bodies to continue this concept of providing navigation and recreation facilities and particularly to include in its construction of Canal 54 joining the St. John's River and the Sebastian River facilities for small boat navigation in order to make available to the people of the State of Florida and, in fact, the entire nation, the vast wilderness of the Upper St. John's Valley for navigation by boat to bring the beauties of this area within reach of all of the people. This Board foresees the great pleasure and advantages which would accrue to. the people If one were able to travel by boat from the Indian River through Canal 54 to the St. John's River and its many lakes to the present navigable portion of the river and thereby open up this vast and for all intents and pur poses presently inaccessible area. BE IT FURTHER RESOLVED that certified copies of this Resolu-. tion be delivered to Central and Southern Florida Flood Control District and the Corps of Engineers. DEC 6 1967 Book 10 PAG[544 • . - -- , . . . - . .. . . . . . . . . • . ... .. • . . . . . . • . . .., . ... - ' ............' . . , .., _ _, ..„ ... .._ A resolution was received from the Democratic Club of Indian River County requesting the Board's support of a recreational area for the Gifford Community. The resolution was placed on file in the office of the Clerk. A Motion,was made by Commissioner Dritenbas, seconded by Commissioner Bogosian and the following resolution was unanimously approved: RESOLUTION 67-7& WHEREAS, Manatee County has requested that this Board approve its withdrawal from the Central Florida Regional Housing Authority as authorized under House Bill 1270, adopted by the 1967 session of the Florida Legislature; and, WHEREAS, this Board has no objection to the said withdrawal by Manatee County; NOW, THEREFORE, be it resolved by the Board of County Commis- sioners of Indian River County, Florida., that approval is hereby given to the withdrawal of Manatee County from the Central Florida Regional Housing Authority. ADOPTED at regular session this day of 1967. BOARD OF COUNTY COMMISSIONERS OF INDIAN RICIrrn romvortr, DEC p BOOK 10 g5 45 On a Motion made by Commissioner Bogosian, seconded by Commissioner McCullers, the request of Forrest McCullars, County Agricultural Agent, to purchase an adding machine for $114.50 from O'Haires Office Equipment Company was unanimously approved. On a Motion made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, the Clerk was authorized to write a letter to State Representative Charles Davis pertaining to possible future legislation regarding the investment of surplus County funds in Treasury Bills. The report of the County Agricultural Agent, the Veteran's Service Officer and the Welfare Director were received and placed on file in the office of the Clerk. An executed copy of the Agreement between the City of Vero Beach and Indian River, County regarding Building Inspection has been received from the City and placed on file in the office of the Clerk. The Bond for A. Richard Todd as Trustee of the Indian River Hospital District, approved by the Board of County Commissioners on November 8, 1967, has been returned to the Buckingham -Wheeler Agency for cancellation as Mr. Todd is not to serve as Trustee. 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 as follows: General Fund Nos. 320 to 400 inclusive, Road and Bridge Fund Nos. 4829 to 4867 inclusive, Fine and Forfeiture Fund Nos. 785 to 790 inclusive, Capital Outlay Fund Nos. 143 to 146 inclusive. Such bills and accounts 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 made a part of these minutes. There being no further business, on Motion made, seconded and carried, the Board adjourned at "_4;30 o'clock P. M. ATTEST: DEC 61967 airman Manx 10 Mt546