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
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.._
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