HomeMy WebLinkAbout5/24/1972u
WEDNESDAY, MAY 24, 1972
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA MET IN REGULAR SESSION AT THE COURTHOUSE,
VERO BEACH, FLORIDA ON WEDNESDAY, MAY 24, 1972 AT 8:30 O'CLOCK
A.M. PRESENT WERE RICHARD P. BOGOSIAN, CHAIRMAN; ALMA LEE Loy',
VICE CHAIRMAN; D.B. MCCULLERS, SJR.; .JACK U. DRITENBAS; AND
EDWARD J. MASSEY. ALSO PRESENT WERE .JACK G. .JENNINGS, COUNTY
ADMINISTRATOR; PAUL D. BURCH, ATTORNEY TO THE BOARD OF COUNTY
COMMISSIONERS, JAMES REAMS DEPUTY SHERIFF; L.S. THOMAS AND
ELIZABETH FORLANI, DEPUTY CLERKS.
THE CHAIRMAN CALLED THE MEETING TO ORDER AND ASKED
IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF
THE REGULAR MEETING OF MAY 10, 1972, COMMISSIONER LOY REQUESTED
ON PAGE 8, PARAGRAPH 3, THE FIRST SENTENCE READ AS FOLLOWS:
"HIGH DENSITY AREA SUCH AS, THE DOWNTOWN AREA OF THE CITY OF
VERO BEACH". ON PAGE 5 COMMISSIONER MASSEY QUESTIONED THIS
SENTENCE IN RESOLUTION Jou, 72-32. "BE CHANGED FROM C -1A RESTRICTED
COMMERCIAL DISTRICT, AND C-1 COMMERCIAL DISTRICT, TO C-1 COMMERCIAL
DISTRICT". ATTORNEY BURCH WILL INVESTIGATE THIS ZONING CHANGE,
ON MOTION BY COMMISSIONER MCCULLERS, SECONDED BY
COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE MINUTES
OF THE REGULAR MEETING OF MAY 10, 1972 AS WRITTEN,
DEWEY WALKER, COUNTY ZONING INSPECTOR REPORTED ON
ZONING VIOLATIONS.
GUY SULLIVAN. INDIAN RIVER COUNTY FIRE DIRECTOR APPEARED
AND PRESENTED TO THE BOARD AN INDIAN RIVER COUNTY FIRE DEPARTMENT
PROGRESS REPORT. IT WAS MR. SULLIVAN'S RECOMMENDATION THAT EVERY
EFFORT POSSIBLE BE MADE TO CONSOLIDATE THE INDIAN RIVER COUNTY -FIRE
DEPARTMENT; THE CITY OF VERO BEACH FIRE DEPARTMENT; THE SEBASTIAN
VOLUNTEER FIRE DEPARTMENT; AND THE FELLSMERE VOLUNTEER FIRE DE—
PARTMENT INTO ONE UNIFIED FIRE DEPARTMENT. IT WAS ALSO RECOMMENDED
BY MR. SULLIVAN THAT PLANS BE MADE TO BUILD AND PUT .INTO OPERATION
A FIRE SUB -STATION IN WABASSO: OSLO ROAD AND 20TH AVENUE: AND A
FIRE RESCUE STATION AND LAW-ENFORCEMENT SU,B-STATION ON THE BEACH
POSSIBLY WHERE OLD WINTER BEACH ROAD AND AIA CONNECT,
MAY 2 4
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FIRECHIEF FORREST SMITH, OF THE
- CITY OF VERO
.EACH
FIRE DEPARTMENT APPEARED AND EXPRESSED APPROVAL -OF THE PROPOSAL
THAT THE CITY AND COUNTY UNITE POSSIBLY BY CONSOLIDATION T07
ESTABLISH AN EFFICIENT AND ECONOMICAL FIRE FIGHTING OPERATION,
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[HA1RMANB0GOSlAN SUGGESTED THE ADMINISTRATOR SEND
'
THIS PROGRESS REPORT WITH A LETTER TO: THE. SEBASTIAN VOLUNTEER
FIREDEPARTMENT: THEFELL3MERE VOLUNTEER FIRE DEPARTMENT: INDIAN
`-
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RIVER SHORES: AND Vm BRENNEN" PLANNING DIRECTOR, REQUESTING
THEY RETURN WHATEVER COMMENTS OR SUGGESTIONS THEY MIGHT HAVE.
THE ADMINISTRATOR PRESENTED THE FINAL SITE PLAN OF
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VERV BEACH HIGHLANDS SUBDIVISION, UNIT -.
ON MOTION BY COMMISSIONER .A8SE\^ SECONDED.
BY COMMISSIONER
Mr�U Rnupn
MCCULLERS, �� -~.~���l��� APPROVED THE REQUEST FROM
'
GENERAL DEVELOPMENT CORPORATION THAT UNI 2 AND 5 OF p| R'
HIGHLAND SUBDIVISION BE ACCEPTED BY INDIAN RIVER COUNTY, SUBJECT
' .
TO THE MAINTENANCE OF ROADS BY THE DEVELOPERS FOR ONE YEAR FROM
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THIS DATE, ... �.^ ^-.�, FINAL APPROVAL BY INDIAN RIVER.COUNTY
WILL BE ON MAY 24, 1973`
THE [HAlnw«m PRESENTED A LETTER FROM FORREST
- - . �
COUNTY EXTENSION AGENT, INFORMING l -G . | BOARD
THAT THE -.' |SION
' A»wE ECONOMIST FOR INDIAN RIVER COUNTY WILL MEET ON
FRIDAY,-' '
]UNE 2~ 1972 AT 7:30 P.M. O/CU']CK IN THE [nwwlDSlON Room, FRANK '
PERRY, DISTRICT EXTENSION AGENT AND DR. OLIVE .0R`—^ ASSISTANT
DEAN° HUMAN RESOURCE DEVELOPMENT WILL ' B| PR| 3 T. COMMISSIONER .
M'CULLERS WILL REPRESENT THE BOARD OF COUNTY COMMISSIONERS AT THIS
MEETING, '- -
THE FOLLOWING SIGNED AGREEMENT HAVING BEEN RECEIVED
IS
HEREBY BEING MADE A PART OF THESE MINUTES, IT WAS APPROVED IN
THE MINUTES OF MARCH 22, 1072.
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MAY 2 1 S72 �
AGREF14FAIT TO TEMPORARILY DESIGNATE
PORTIONS OF SR 609 AND SR 5-606
AS PRIMARY ROADS
WHEREAS the construction of Interstate 95 as through
Indian River County and adjacent counties has resulted in primarily
through traffic not _serving a need of a local character over the
following secondary roads located in Indian River County:
SR 5-609 from its junction with SR 60 to its junction
with SR S -606j (Ranch Road); and,
SR 5-606,from its junction with SR 5-60.9 toits junction
with SR 5 (Oslo, Road) ; and,
WHEREAS the Department of Transportation (Department)
after full public hearing pursuant to Florida Statutes 335.04
(3) (c) held on the thirteenth (13th day of April , 1972, has
determined that the above described portions of Ranch Road and
Oslo Road could be better utilized as an integral part of the
State highway system by reconstruction ar._d upgrading same in
accordance with the standards governing primary State highways;
and,
WHEREAS, the County of Indian River(County), by
22nd March 1972,
Resolution adopted on day of +
has agreed to accept the re -designation of Ranch Road and Oslo
Road as Secondary roads and to assume all maintenance and upkeep
thereon when the afore -described portions of Ranch Road and Oslo
Road are so reconstructed;
NOW THEREFORE, in consideration of the mutual covenants
contained herein, the parties have entered into this Agreement
22nd March
this day of 1972, and do hereby
agree as follows:
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MAY 2 4 1972
1. The Department shall designate the above
described portions of Ranch Road and Oslo Road as Primary State
highways and shall assume responsibility for such improvements
thereon, construction and reconstruction thereof within the
existing rights of way as it deems proper in accordance with
the standards governing the primary highway system; and,
2. The County agrees that when said portions of Ranch
Road and Oslo Road are so reconstructed, it shall accept the
redesignation of the above-described portion of Ranch Road and
Oslo Road as Secondary roads and shall thereafter assume
responsibility for the maintenance thereof as part of the
County's Secondary road system.
STATE OF FLORIDA DEPART14ENT
OF TRANSPORTATION %J
WITNESSES:'
BY:
DIRECTOR OF ADMINISTRATI
TEST:�L
EXECUTIVE 674CRMARY
Approved as to form, legality, APPROYEO BYSECRETARY OPYR MPORTAT(ON
andmut*on(DATE) (INITIALS)
'ASS'.1rSTAW WTTORNEY
INDIAN RIVER COUNTY
CHAIRMAN, BOARD F --CC UNTY COUNTY
COMMISSIONERS
ATTEST:
CLERK, 0ARD OF COUNTY
COMMISSIONERS
MAY 2 4 1972
r
THE ADMINISTRATOR PRESENTED A LETTER THAT WAS ADDRESSED
TO C.A. SCHINDLER, DISTRICT DRAINAGE ENGINEER, DEPARTMENT OF
TRANSPORTATION FROM CHARLES E. SMITH WRITTEN IN BEHALF OF INDIAN
RIVER FARMS DRAINAGE DISTRICT. CONCERNING THE PROPOSED GUARDRAIL
ALONG OSLO ROAD (S.R. -606) AND RANCH RQAD.(S.R. -609). THE
INSTALLATION OF A GUARDRAIL ALONG PORTIONS OF SAID ROADS WOULD
BLOCK THE DRAINAGE DISTRICT'S ACCESS TO THEIR CANAL AND WOULD
HINDER THEM FROM MAINTAINING THIS CANAL, THEREFORE, THEY OBJECT
STRONGLY TO THE CONSTRUCTION OF A GUARDRAIL. THE ADMINISTRATOR
WAS ADVISED BY THE BOARD TO INFORM THE STATE DEPARTMENT OF
TRANSPORTATION THAT GUARDRAILS ARE NECESSARY SAFETY FACTORS AND
SHOULD BE INSTALLED AND THE COUNTY WILL WORK WITH THE INDIAN
RIVER FARMS DRAINAGE DISTRICT IN A JOINT EFFORT. TO MAINTAIN THAT
PART OF THE DITCH THAT IS PARALLEL WITH THE GUARDRAIL,
COMMISSIONER DRITENBAS BROUGHT TO THE ATTENTION OF THE
BOARD A HAZARDOUS CONDITION ON STATE ROAD 60 BETWEEN KINGS
HIGHWAY AND THE I-95 INTERCHANGE, WHERE THERE ARE NO ROAD -REFLECTORS
WHICH INDICATE SIDES AND CENTER OF THE ROAD. THE ADMINISTRATOR
WILL INVESTIGATE THIS:SITUATION.
THE'ADMINISTRATOR RECEIVED A LETTER FROM THE CENTRAL
AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT REQUESTING RELEASE
FOR THE CANAL RESERVATION ON THE PARCEL OF 'LAND DESCRIBED AS
FOLLOWS,
WEST 1/2 AND THE SOUTHEAST QUARTER OF SECTION 16,
ToWNSH.IP 33 - RANGE 39.
THE BOARD HAD NO OBJECTION TO THE RELEASE,
THE ADMINISTRATOR READ A PROPOSAL FROM THE FLORIDA
EQUIPMENT COMPANY REGARDING THE LIMA - YARD AND ONE-QUARTER
DRAGLINE MACHINE THE COUNTY HAS RENTED FOR TWO MONTHS, FROM
FLORIDA EQUIPMENT COMPANY. IT WAS THEIR PROPOSAL, THAT IF THE
COUNTY CONTINUED TO RENT THIS DRAGLINE MACHINE UNTIL NOVEMBER,
WITH THE INTENTION OF BUYING IT, THE MONTHLY RENTAL CHARGES WOULD
BE CREDITED TO THE PURCHASE PRICE OF THE MACHINE. IT WAS THE
RECOMMENDATION OF THE BOARD TO ACCEPT BIDS AND PURCHASE A NEW
PIECE OF EQUIPMENT,AT THE APPROPRIATE TIME,
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(NAY 2 � 9972
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY
COMMISSIONER MCCULLERS, THE BOARD UNANIMOUSLY AUTHORIZED THE
ADMINISTRATOR TO COOPERATE WITH THE FELLSMERE DRAINAGE—. DISTRICT
IN A JOINT USE OF COUNTY AND DRAINAGE- DISTRICT EQUIPMENT TO
CLEAN THE GARBAGE AND DEBRIS ALONG PARK LATERAL CANAL, DITCH 15.
VALENTYNE E. BRENNAN, PLANNING DIRECTOR, PRESENTED
TO THE BOARD A SUGGESTED INDIAN.RIVER'COUNTY POLICY REGARDING
INTERIM PRIVATE SEWER AND WATER,FACILIT_IES. THE PURPOSE OF THIS
POLICY IS TO ASSIST THE BOARD IN HANDLING PRIVATE SEWER AND WATER
FACILITIES IN THE COUNTY UNTIL SUCH TIME AS AREA—WIDE COUNTY
FACILITIES ARE PUT INTO OPERATION.
THE BOARD THEN ADJOURNED AT 11:45 P.M. O'CLOCK AND
RECONVENED -AT 2700 P.M. O'CLOCK.
COMMISSIONER MCCULLERS LEFT THE MEETING.
THE DISCUSSION REGARDING SEWER AND WATER FACILITIES
CONTINUED AND THE BOARD AUTHORIZED THE ADMINISTRATOR TO CONTACT
CONSULTING ENGINEERS .TAMES BEINDORF AND DAVID SMITH OF BEINDORF
AND ASSOCIATES, INC. TO ARRANGE AN APPOINTMENT FOR THEM TO
APPEAR BEFORE THE BOARD AT THE NEXT MEETING TO ANSWER QUESTIONS
REGARDING A PRELIMINARY ENGINEERING STUDY,.
CHAIRMAN BOGOSIAN READ A RESOLUTION FROM GERMAN D.
SUAREZ OF THE VERO BEACH MOTEL ASSOCIATION ADDRESSED TO THE
STATE DEPARTMENT OF TRANSPORTATION OPPOSING.THE EXTENSION OF
I-95 AND SUGGESTING ANOTHER ROUTE. ON MOTION BY COMMISSIONER
Loy, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY'
AUTHORIZED THE COUNTY ADMINISTRATOR TO CONTACT THE STATE DEPARTMENT
OF TRANSPORTATION TO REITERATE THE POSITION OF THE BOARD OF COUNTY
COMMISSIONERS FOR THE COMPLETION OF I-95,FOR THE IMPROVEMENT OF
INDIAN RIVER COUNTY.,
CHAIRMAN BOGOSIAN LEFT THE MEETING AND VICE CHAIRMAN
Loy PRESIDED.
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ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY
COMMISSIONER MASSEY, VICE CHAIRMAN LOY VOTED IN FAVOR AND THE
MOTION WAS CARRIED TO AUTHORIZE ROSEMARY RICHEY, SUPERVISOR OF
ELECTIONS TO PREPARE A NEW JURY QUESTIONNAIRE,
ROSEMARY RICHEY INFORMED THE BOARD THAT WITH THE INCREASE
OF REGISTERED VOTERS EACH MONTH, THE NEED FOR 15 VOTING MACHINES
IS NECESSARY. THE BOARD AUTHORIZED L.S.THOMAS,' FINANCE OFFICER
TO INVESTIGATE THE AVAILABILITY AND COST OF THESE MACHINES AND
REPORT AT THE NEXT MEETING.
ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY
COMMISSIONER MASSEY, VICE CHAIRMAN Loy VOTED IN FAVOR AND THE
MOTION WAS CARRIED FOR AN ITEM TO ITEM TRANSFER AS FOLLOWS:
ITEM TO ITEM TRANSFER
TO FROM
90196 GENERAL FUND CONTINGENCY ACCOUNT $2,000.00
56012 IMCOMPETENCY HEARINGS $2,000.00
ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY
COMMISSIONER MASSEY, VICE CHAIRMAN Loy VOTED IN FAVOR AND THE
MOTION WAS .CARRIED TO APPROVE THE OUT -OF -COUNTY TRAVEL REQUEST .,
OF FORREST N. MCCULLARS, COUNTY EXTENSION DIRECTOR TO ATTEND
THE CITRUS MUTUAL AND GROWERS MEETING, JUNE 6TH, 1972 IN FORT
PIERCE, '
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER
DRITENBAS, VICE CHAIRMAN Loy VOTED IN FAVOR AND THE MOTION WAS CARRIED
AUTHORIZING THE STATE WITNESS PAYROLL FOR THE COUNTY COURT,
MAY TERM IN THE AMOUNT OF $165.00: THE STATE'WITNESS PAYROLL FOR
THE CIRCUIT COURT SPRING TERM IN THE AMOUNT OF $35.00.
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER
DRITENBAS, VICE CHAIRMAN Loy VOTED IN FAVOR AND THE MOTION WAS
CARRIED TO ADOPT THE FOLLOWING RESOLUTION:
_7_
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MAY 2 4 j9j
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A.
RESOLUTION NO. 72-39
WHEREAS, the Florida Legislature has adopted the practice of
providing that many legislative acts shall take effect upon becoming
a law which means that they take effect immediately upon approval of
the Governor or, if not approved by the Governor, upon being filed
with the Secretary of State and in other acts provides that they
shall take effect on July 1 of the same year, and
WHEREAS, due.to this practice and the fact that there is. such
a long delay between the adjournment of the legislature and the publication
and distribution of the Session Laws and the official Florida Statutes,`"`
such acts become effective before many county officiers and their staff,
the courts, attorneys and the.public are even aware of the passage of.
such laws, and
WHEREAS, many acts dealing with the County's duties and respon-
sibilities are made effective without regard to the. County's fiscal
year which begins October 1 and as a result, no provision has been
made or could have been made in the current budget of the County
to finance such duties and responsibilities.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Indian River County in meeting assembled this 24th day of May, 1972,
as follows:
1. That the Florida Legislature is urgently requested to provide
that, except in the case of emergencies., no act shall become
effective until the Session Laws for the year in which such act
was passed have been published in bound form as provided.by
Section 283.12(1), Florida Statutes, and a copy thereof delivered
to each Board of County Commissionersinthe State. —
2. That the Florida Legislature is further requested to provide that
no act pertaining to county fiscal matters or requiring the county
to assume any new duties or responsibilities or obligations shall
become effective before October 1 of the year in which passed.
3. That the State Association of County Commissioners and the Board
of County Commissioners of the Counties of Florida are urged to
actively support this request.
4. That certified copies of this resolution be forwarded to the
Yndian River County Legislative Delegation, the Secretary of the
800 15 �,. 3118
INAY .2 4 191n
Florida Senate, the Clerk of the Florida House of Representatives,
the State Association of County Commissioners and to each 'Board
of County Commissioners in Florida.
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The undersigned, Clerk of the Board of County Commissioners of
the County and State aforesaid, does hereby certify that the above
and foregoing is a true and correct copy of a resolution adopted by
Board Count Commissioners at a meeting held on e
said Boa of rt the 24th da
a Y 9 Y
of May, 1972.
Witness my hand and the seal of said Board, this 24th day of
May, 1972.
RALPH HARRIS, CLERK OF CIRCUIT COURT
CLERK
ME
n.9
MAY 2 4 1972
A LETTER WAS RECEIVED FROM TOM JOHNSON, STATE SENATOR
34TH DISTRICT, REQUESTING THAT THE MINUTES OF THE BOARD MEETINGS
BE SENT TO HIM.
THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY,
HAVING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT AND
WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS GENERAL FUND
Nos. 4175 - 4217 INCLUSIVE: ROAD AND BRIDGE FUND NOS. 2153 -
2167 INCLUSIVE FINE AND FORFEITURE FUND NOS. 611 - 614 INCLUSIVE.
SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK
OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE
FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED
BY THE RULES OF THE LEGISLATIVE 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 3:40 P.M.
ATTEST:
• �� rl h%2�Gi��✓®
CLERK CHAIRMAN
DUB
MAY 2 4 1978