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WEDNESDAY. LARCH 19TH. 1941.
The Board of County Commissioners of Indian River County met at the Court House in
Vero Beach at 7:00 P. M., Wednesday, March 19th, 1941, in called meeting with the following
members of the Board presents:. Albert O. Helseth, Chairman pro tem, W. C. Graves, Jr., Frank
C. Vickers and S. E. Glover. Absent: C. S. Michael.. Also present were Chas. A. Mitchell, Attor-
ney and Douglas Baker, Clerk.
Application of C. M. Oppenheimer and sons (Blue -Front Liquor Store) for a license to
sell intoxicating liquor, wine:!.!�•and beer was received and after carefully considering the same,
on motion made, seconded and carried the same was approved.
It was ordered that any Commissioner, who could, and the Clerk attend the State
County Commissioners Convention in Jacksonville, to be held March 21st, and 22nd, in the inter-
est of Indian River County regarding gas tau measures. Expenses for those who go to be paid,
by the County.
There being no further business on motion made, seconded and carried the Board then
adjourned.
CHIMAN low
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ATTZJ�T :
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_ TUESDAY. APR1L 1ST. 1941.
The Board of County Commissioners of Indian River -County -met at the Court Rouse in
Vero Beach at I0:00 0 clock_A. M. Tuesday,. -.April 1st, 1941 to regular meeting with the follow-
ing members of the Board presents:.C. S. Kichael,_Chairman, Albert 0. Helseth, Frank C. Vickers;
W. C. Graves, Jr., and S. E. Glover. Also present were ism. W. Frick, Sheriff, Chas. A. Mitchell,
Attorney for the Board and Douglas Baker, Clerk.
The minutes of March 4th and 19th were read and approved.
COUNTY COMSSIDNERS, RESOLUTION I
On motion of Commissioner W. C. Graves, Jr., second by -Commissioner Albert 0. Helseth;
the following resolution was adopted.
11EREAS, The State Road Department of Florida has authorized and requested Indian
River County to furnish the necessary rights of way and easements for Project 951, of State
Road No. 30, which has been surveyed and located by the State Road Department as shown by map
on file in theofficeof the Clerk of the Circuit Court of Indian River County, and in the off
of the said Department in Tallahassee, and
WHEREAS, The said Department will not begin construction of said Project in said
County until title to all ,land necessary for said project has been conveyed to or vested in
tenants, buildings and/or other structures situate upon or encroaching
said State by said County, and said lands physically cleared of all occupants&Jthin the limits
of the lands required for said project; now therefore be it,
RESOLVED that said Indian River County, through its Board of County Commissioners,
comply with the request of said Department and procure, convey or vest in said State the free,
clear and unencumbered title to all Iands necessary for said Project, and deliver to the State
Road Department said lands physically clear of all occupants, tenants, buildings and/or other
structures situate°`,upon or encroaching within the limits of the lands required for said project;
and that the Chairman and the Clerk of this Board be and they are hereby authorized and directed
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to execute and deliver, on behalf of said County to said Department the contract in the form
hereto attached.; and be it further
RESOLVED that the Attorney for this Board be, and he is hereby authorized anddirected
to proceed to take the necessary steps for the County to acquire in the name of said County by
gift, purchase or condemnation said rights of way and easements for said Project, and to pre-
pare in the name of said County by its County Commissioners all condemnation papers, affidavits
and pleadings, and prosectute all condemnation proceedings to judgment; and said Attorney is
further authorized to have prepared at said County's expense, and furnish to the Department the
abstract search provided for in said contract.
Mrs. James R. Goodrich, Mr. Henry W. Rasmussen and other: -residents of Roseland
appeared before the Board and presented a petition as follows, to -wit:
)Ne the undersigners as property owners and residents of the town of Roseland, Florida
hereby, submit to our Commissioners the following requests for the betterment and improvement
of the town of Roseland, Florida; same to be given consideration at the next regular County
Commissioners meeting.
1. That weeds along streets be mowed once in summer and in the late fall prior to
tourists arrival,.streets would.remain clean longer due to the lack of growth during winter
months.
2. That Fellsmere road past Mr. Tom Reed's property to be completed as road is
impassable at several times during wet weather, and also very sandy during dry periods.
That Sebastian Ave., and Joie Avenue, be completed or repaired.
3. That all dead trees on -street right away be removed by use of proper machinery
operated by the Road Department.
4. Bay shore Drive needs repairs.
Pursuant thereto on motion made by W. C. Graves, Jr., seconded by Frank C. Vickers
and unanimously carried, E. E. Carter, County Engineer and Road Superintendent was instructed
to proceed with the work as requested in the petition as'soon as possible.
Verdict of Coroner's jury in the matter of the inquest on the body of Floyd Yates
was received and ordered filed.
Tractor.
E. E. Carter, County Engineer was authorized_to.inve..stigate, the purchase of a'Nower
Deputy Sheriff's Bond in the sum of $1000 for Clarence Hancock, Fellsmere with Sam
Mensh and G. E. Barkoskie as sureties was approved.
It was ordered that Douglas Baker, Clerk write to Representative Graves and Wallace
E. Sturgis, Chairman.Special County"Committee expressing the Boards opposition to any change
in allocation in the present gas tax distribution.
On motion made by S. E. Glover, seconded by W. C. Graves, Jr., and unanimously
carried the sum of $25,00 was appropriated from the GZNERAL REVENUE FUND to the State Associ-
ation of County Commissioners.
The Board granted Chairman Michael the power to act in designating a representative
of Indian River Counter at any Commissioners meeting called in Tallahassee with reference to
any matter effecting -Indian River County. Expenses for the representative, if the trip is
necessary, to be paid by the County.
On motion made by Albert 0. Helseth, seconded by W. C. Graves, ;r., and unanimously
carried, Douglas Baker was insttacted to advise representative Graves and Senator Kanner the
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Boards approval of a proposed bill of Aon. J. Tom Watson, Attorney General with regard to ren-
dering opinions.
• 2
488
1111
The Board also approved a local bill providing for the sale of bonds held by the
Clerk and representing tax payments and redemptions and the method of distributing the proceeds
of such bonds and providing the use to be made of such proceeds.
Pursuant to notice requesting bids as per the affidavit of publication herewith
affixed and made a part of these minutes,
Affidavit of Publication
COUNTY OF INDIAN RIVER
STATE OF FLORIDA 88'
Personally before me, the undersigned, an officer
authorized under the laws of said State to administer
oaths, came J. J. Schumann, business manager of the
Vero Beach Press -Journal, a newspaper published in Vero
Beach, Indian River County, Florida, who, being first
duly sworn, says that the Vero Beach Press -Journal is a
newspaper which has been continuously published at least
once a week, and which has been entered as second class
mail matter, in Vero Beach, Indian River County, Flori-
da, for a period of more than one yearnest preceding the
first insertion of this publication; that the advertisement
a copy of which is hereto attached, was published in the
Vero Beach Press -Journal
for.... . ............. consecutive weeks, as follows,
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. . . .........................
I
Business Ma��naapger.
Sworn
��too� a""n��d�� subscribed before me, this..°.....
day of... '"► ........19.�...
.:C1 Circuit Court,........... $ _
Indian River County, Florida
the following bids were received:
NOTICE REQUESTING BIDS
Notice is hereby given that the Board
Df County Commissioners of Indian River
County will receive sealed bids to cover
all costs and expenses of moving certain
buildings in Indian River County, Florida,]
in accordance with plans and specifica-
tions now on file with E. E. Carter,
County E+ngipeer, and in the office of j
the Clerk of the Circuit Court of Indian
River, County, Florida, in Vero Beach,,
Florida. Copy of such plans and speei-
flcations . may he . secured by Prospective
bidders in the place stated. Said sealed
bids . shall, he Bled with the Clerk of the
Circuit Court at his office in ithe Indian
River County Courthouse in Vero Beach,
Florida, not later than l:ooo'clock P.
M., ' March? 8_1941, and at which time or
at the neat meeting of said Board of
County Commissioners succeeding said
date said bids Will' be publicly opened Una I
read. Said Board reserves the right to
reject any and fall bids.
This 20th day; of February, 1941.
Board of County Commission-
ers,` Indian River County,
Florida
By !C. S. Michael, Chairman
Attest; Douglas Baker, Clerk i
Mitchell, Smith & Mitchell, Attorneys
Feb. 21 28
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F. G. Fletcher - - - - - - - - - -$1845.00
Chas. 'go Kutz and N. F. Lybrand - 1900.00
S. B. Taylor - - - - - - - - - - - 3100.00
J. E. Downes - - - - - - - - - 3250.00
After careful consideration on motion made by W. C. Graves, Jr., seconded by Albert
0. Helseth and unanimously carried the contract was awarded to F. G. Fletcher subject to
execution of contract approved by the Board and the furnishing of the necessary bond.
Bids were subpJitted for public liability and property damage insurance on County
trucks as follows:
Buckingham -Wheeler Insurance Agency ---------- $115.08
Kuster Insurance Agency - - - - - - - -- 118.93
F. W. Rodenberg, Agent - - - - - - - - - - - 122.75
On motion made by Commissioner Graves, seconded by Commissioner Glover and carried
the business was awarded to Buckingham-lheal.er_.�nstrance Agency.
The Board approved a bill to be submitted later for a girl in Fellsmere in the sum
of approximately $25.00.
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Miss Leila M. Bunkley, County Nurse appeared before the Board and made a report of
her activities for the month of March as follows, to -wit:
NURSE'S -MONTHLY REPORT.
March 1941
Total number of eases for the month
Number of visits to cases
Number of visits in behalf of cases
Number of office interviews
Number of families given clothing
No. of garments given
Xray of chest by.State T. B. Xray unit
To E. E. N & T. Specialist
To Dentist^
To Cripple Childrens Clinic
To West Palm Beach Xray
Home Hygiene Class Periods Held
Students enrolled
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58
42
57
9
121
499
3
4
1
2
14
26
Miss Leila M� Bunkley, County Nurse was requested to wire Jacksonville requesting
a Health Officer be sent here to investigate the source of several cases of Typhoid Fever
which are reported in this community.
Chairman Michael very generously offered to furnish free of charge ten Royal Palm
trees for the Court House to replace those damaged by the cold, The Board expressed their
sincere appreciation for the offer and gladly accepted.
On Notion mode by Commissioner Graves,.seconde.d by.Commissioner Glover and carried
it was agreed to invest maintenance Money held iw Wabasso.-Bridge Districtintenance funds in
/d *)I." Ys 3-71ea a r /94//
in its own bonds. Thb-- Ame to be done -pursuant to a M13/ to be passed.in the legislature.
On motion made by Commissioner Vickers, seconded by. Commissioner Helseth and carried
E. E. Carter, County Engineer was authorizdd to -enter into an agreement with the City of Vero
Beach to extend electric current to the County Barns for approximately $200.00.
It was ordered Mrs. Geo. Williams be removed front the Pauper's List as Ned Williams
is now in the Hospital for the insane.. The money having been paid to Mrs. Geo. Williams for
the care of Ned Williams.
On motion made by Commissioner Helseth, seconded by Commissioner Vickers and carried
it was ordered that surplus Race Tract Funds (all over $25,000 budgeted by the County) be paid
to the Board of Public Instruction when, as and if received.
On motion made by Albert 0.. Helseth, seconded by Frank C. Vickers and unanimously
carried,Chas. A. Mitchell, Attorney was authorized to advertise a Bill for Legislative purposes
authorizing the Board of County Commissioners to appropriate and expend any Race Tract Funds
received from year to year for any public purpose or use in behalf of the tax payers of Indian
River County,
RIGHT OF WAY CONTRACT, ROAD #30.
THIS AGREENT, made and entered into this lot day of April, A. D. 19419 by and be-
tween the STATE ROAD DEPARTIMENT OF FLORIM, a body corporate under the lawn of the State of
Florida, hereinafter called the "Department", and the COUNTY OF INDIAN RIVER, FLORIDA, a po-
litical subdivision of the State of Florida, hereinafter called the "County", witnesses, that
WHEREAS, The Legislature of Florida has designated;and established State Road No. 30,
and the Department has located and surveyed a section of said road designated as Project No.
951, in said County, as shown on right of way map, duly certified as provided by law, on file
In the Office of the Clerk.of the Circuit Court of said County, and on file in the office of
the Department at Tallahassee, Florida, and in the judgment of the Department said location
and survey have been found to be practicable and to the best interest of the State, and
WHEREAS, The Department has requested and authorized said County, solely at its ex-
pense, to secure by gift, purchase or condemnation the lands and property necessary for such
right of way, easements for outfall ditches and borrow pits for said project shown on said
map, and such as may hereafter be found necessary by the Department for said Project, and
SAS, The Hoard of County Commissioners of said County, ata meeting duly called
and held on the lst day of April A. D., 1941, adopted a Resolution (copy being hereto attached
as a part hereof, marked Exhibit "A"), signifying its agreement to comply with the Department's
said requests, and authorizing its Chairman and Clerk, on its behalf, to execute this Contract.
NOW, THEREFORE, in consideration of the premises and of the mutual undertakings here-
inafter set forth, the parties mutually covenant and agree as followst
1. The County shall forthwith furnish the Department with a title search made by a
reliable Abstractor or Abstract Company, or by the County Attorney, showing the present owner-
ship and record description of each parcel of land over which said right of way and/or easement€
extend, as shown on said right of way map on file with said County and Department, together with
all unsatisfied or outstanding recorded liens or encumbrances, leases and tax deeds, tax liens
and tax certificates held by parties other than the State. Thereupon the Department shall pre-
pare and furnish to the County the deseriptions.of said right of way and/or easements to be
acquired from each of the several parcels of lands, or interests therein, as shown by said title
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search. The furnishing of said descriptions shall be solely for the assistance of the County
and nothing in this paragraph shall be taken or construed as.the Department's acceptance of the
title, or quality of the title, to the land or easements shown, and shall not release or re-
lieve the County of its agreement herein to furnish the Department free, clear and unencumbered
title to the land required for said right of way and easements, or from any of its covenants
hereunder.
2. After the Department has furnished the County said descriptions the County shall
proceed forthwith, solely at its own expense, to acquire by gift, purchase or condemnation,
free clear, and unencumbered title to the land so required as aforesaid for said project by the
Department for said right of way and easements, and convey or vest the same to or in the State
of Florida for the use of said State Road, by good and sufficient deed or deeds, and deliver
to the .State Road Department said lands physically clear of all occupants, tenants, buildings
and/or other structures situate upon or encroaching within the limits of the lands required for
said project. Any land to which the County has heretofore acquired free, clear and unencumber-
ed title, which may be necessary for said right of way and/or easements, shall be conveyed by
the County to the State for the said use under the provisions of this section. 3f the County
within a reasonable time, to be determined by the Department taking into consideration all the
circumstances and conditions involved, should fail to comply herewith, then and in such event
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the Department may, at its election abandon the project or proceed after giving the County due
notice thereof to acquire said right of way and easement$,at the expense of the County, and all
sums so advanced by the Department shall be repaid to it by the County upon demand.
3. Commencing with the date when the Department shall begin construction operations
on said project, and at all times thereafter for so long as said project shall continue to be
part of the State system of roads, the County shall save, defend and keep the State of Florida
and the State Road department, its officers, employees and contractors harmless from any and a.
damages, claims, or injuries, actions at law or suits in equity arising from or growing out of
any defect or alleged defect affecting the title or because of t e' ack of or
right
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of possession of the State of Florida for the use of said road, to any portion of those lands
and easements required by the Department for said project as aforesaid, and the County agrees
to pay and discharge all lawful claims, damages, judgments, decrees and any other expenses
arising from or growing out of such claims, injuries, actions or suits.
4. After the acquisition of said right of.way and easements by said County and the
acceptance of same as satisfactory by the Department, the Department agrees to construct the
aforesaid project at the earliest date it determines practicable, and appropriate or cause to
be appropriated the funds for said construction.
IN 'WITNESS MHEREOF the Department has caused this agreement to be executed in dupli-
tate by its Chairman and its Secretary, and its official seal to be attached; and the County
has caused it to be executed by its Chairman and its_Clerk, and its official seal to be at-
tacked the day and year first above written.
.ATTEST:
Secretary
Signed, sealed and delivered
in the presence of:
As Eo the Department
ATTEST:- Douglas Baker
Clerk of Circuit Court anc 176 -
officio Clerk of the Board of
County Commissioners.
Signed, sealed and delivered
in the presence of.,
Albert 0. Helseth
STATE ROAD DEPARTMENT OF FLORIDA
BY:
Chairman
COUNTY OF INDIAN RIVER
BY: C. S. Michael
Chairman.
(COUNTY SEAL)
S. E. Glover -
As to the County
The several bill and accounts against the Court, having been audited were examined
and found correct, were approved and warrants ordered issued.in settlement of same. Such bills
and accounts being on.file in the office of the Clerk Circuit Court. The warrants so issued
from the respective funds being listed in the supplemental minute bookasprovided by the rule
of the State Auditor, reference to such record and the list so recorded being made a part of
these minutes.
The County Depository filed its monthly statement, showing receipts and disbursement
of the various funds which having been audited was found to be correct.
There being no further business on motion made seconded and carried the Board then
adjourned. •
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TUESDAY, KAY 6TH9 1941.
The Board of County Commissioners of Indian River County met at the Court House in
Vero Beach at 10:00 o'alock A. K., Tuesday, May 6th, 19419 in regular meeting with the follow-
ing members of the Board present: C. S. Michael, Chairman, Albert O. Helseth, S. E. Glover,
Freak C. Vickers and W. C. Graves, Jr#$Also.present were Chas. A. Mitchell, Attorney for the
Board, Im. W. brick," Sheriff and Douglas Baker, Clerk.
The minutes of April 1st, 1941 were read and approved.
Hon. A. W. Young, Chairman.of the Committee for Defense on Food and Agriculture