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HomeMy WebLinkAbout2/23/1966WEDNESDAY, FEBRUARY 23, 1966 The Board'of County Commissioners of Indian River County met in regular session at the Courthouse, Vero.Beach, Florida, on Wed- nesday, February 23, 1966, at 8:30 o'clock A. M. Present were Robert W. Graves, Chairman, D. B. McCullers, Vice Chairman and Donald Macdonald. Abseht were Dr. B. Q. Waddell, Jr., and Jerre J. Haffield. Also present were John H. Sutherland, County Attorney, Edwin S. S.chmucker, County Engineer, and Alfred H. Webber and Ruth Elliott, Deputy Clerks. A letter ofopinion has been received from the Attorney General regarding the reconveyance of the county -owned land to the West Wabasso Progressive Civic Club, Inc., which states that Section 125.38, Florida Statutes, authorizes such a sale to certain governmental agencies and non-profit corporations for the purpose of promoting community interest and welfare at a nominal or other consideration such as the Board may advise, and further that it appears that the West Wabasso Progressive Civic Club, Inc. is within the provisions of Section 125.38 and eligible as a. recipient of these lands if they be not needed for county purposes. and further that in determining the amount of consideration to be paid for these lands, it would seem proper for some recognition to be given to the expenditures made by the County improvements prior to conveyance. The County Engineer reported that fill had been placed on the property by the contractor of West Wabasso Road who was under contract to haul it and that the County had a bulldozer on the property for a while. Miss Mary Lou Durrance, representing the West Wabasso Progressive Civic Club suggested that the county accept:a lot on which to put a health building in the southwest corner of the property in re -payment for the fill that the County has put there. Motion was made by Commissioner Macdonald, seconded by Commissioner McCullers and carried that the County Engineer WU 9 PAGE 500 FEI231966 make an estimate of the improvements the county has made and, also the amount of land required for a building and parking area. Commissioner Macdonald reported that he has been in contact with Florida Power and Light Co. and that they have been extremely cooperative. The County Engineer is preparing a sketch of our plans for the inlet property and the power company will extend their lines to accommodate us. The County Engineer reported that he has received a letter from the Trustees of the Internal Improvement Fund stating that they would be pleased to consider the county's request for the land being released by Hobart Brothers and on Motion by Commissioner Macdonald, seconded by Commissioner McCullers, the following Resolution was unanimously adopted: RESOLUTI 0 N WHEREAS, there are certain lands located .in,Indian River County owned by the Trustees of the Internal Improvement Fund of the State of Florida; and, WHEREAS, these lands have been leased by the said Trustees to Hobart Brothers Company under various leases including Mineral Lease #760; and WHEREAS, approximately 400 acres of said lands are located in and about Section 32 and Section 33, Township 31 South, Range 39 East, and Section 4,. Township 32 South, Range 39 East, Indian River County,. Florida; and WHEREAS, the Board of County Commissioners of Indian River • County is actively seeking, for the use of the general public, lands for park and recreational purposes and for other public purpose; and WHEREAS, some of the lands under the leases are contemplated to be released by Hobart Brothers Company and to be returned back to the Trustees of the Internal Improvement Fund; and FEB 2 3 196 60DX 9 'n a WHEREAS, Indian River County desires to secure the right tb all of the properties, subject to mineral right releases, as well as other property in this area that are owned by the Trustees, for park and recreational purposes and for other public purpose, and desires to request the Trustees of the Internal Improvement Fund to deliver over to the County all of said lands and to turn over the portion of said lands as they are being released by Hobart Brothers. Company. NOW, THEREFORE, BE IT RESOLVED this the 23rd day of February, A. D. 1966, in open session, the Board of County Commissioners of Indian River County, Florida, does hereby make formal request for the dedication of all of the properties located in Section 32 and Section 33, Township 31 South, Range 39 East and Section 4, Township 32 South, Range 39 Ea@t, Indian Rives county, Florida, and other adjoining property owned by the Trustees, of the Internal Improvement Fund, for park and recreational purposes and for other public purposes, and, further request that any of said lands be turned over to the Board of County -Imiissioners of Indian River County whenever the lands are releases; .:rom the leases held by Hobaxt Brothers Company. BE IT FURTHER RESOLVED that a certified copy of this Resolution be presented to the Trustees of the Internal Improvement Fund as part of the request for said lands. FFR 2:4 7966 BOOK ACE 502 VERO BEACH PRESS -JOURNAL Publishd Meekly - 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 -Journal, 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 k;*_°�'�� in the Court, was pub- lished in said newspaper iin the issues of C ! to 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,.ft4rtC>gr;,sayS*-that he has neither paid nor promised any person, firm or corporation any"•clisp.aat4 t> bate <commission or refund for the purpose of securing this adver- tisement for .pubJiqt'i.on int*slid newspaper. Sworn,tizAd°tfoscr bed before fine • �(CI;'f;tFreuit Cou InC u ty, Florida) •)t:, S :•)t:,. ' • day of____�! �__ A.D.____L 4.6_ !44 t'vt Ardt. BusinessManager) r o n o � tic aotice NOTICE Notice is hereby given that Arthur Lee Henderson has filed a Petition with the Board of County Commissioners of Indian River County, Florida, requesting said Board to vacate, abandon, discon- tinue and close any existing public road on Lot 52 of Espy's Subdi- vision, according to plat of Espy's Subdivision of Gifford recorded in Plat Book 2, page 36, public rec- ords of St. Lucie County, Florida,' said land now lying and being in Indian 'River County, Florida, ex- cept the south 20 feet of said Lot 52 and to disclaim any right of Indian River County and the pub- lic in and to said Lot 52 except the south 20 feet thereof. Said Board will hold a public hearing thereon at 9:00 o'clock A. M. on February 23, 1966, in the office of the Board of County Com- missioners in the Courthouse of In- dian River County, Florida, at Vero Beach, Florida. • Persons interested may appear and be heard at said time and place. • BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIV- ER COUNTY, FLORIDA ' . By ROBERT W. GRAVES Chairman Jan. 27, 1966. The Chairman read the foregoing Notice and asked if anyone present wished to be heard. John Charles Mitchell, Attorney, for Arthur Lee Henderson,presented a deed from Arthur Lee Henderson and Luegean Henderson, his wife to Indian River County for property described as the South 20 feet of Lot 52, Espy Subdivision. On Motion by Commissioner Macdonald, seconded by Commissioner McCullers, the following Resolution was unanimously adopted: FE&'23 vs 803 9 PACE 503 RESOLUTION WHEREAS, a Petition has been filed by Arthur Lee Henderson for the abandonment by the Board of County Commissioners of Indian River County, Florida, of the existing roadway lying and being in Lot 52 of Espy's Subdivision of Gifford recorded in Plat Book 2, page 36, public records of St. Lucie County, Florida, said land now lying and being in Indian River County, Florida, except for the south 20 feet of said Lot 52, which said Petition included the consideration of the abandoning, vacating and discontinuing of said roadway; and WHEREAS, the Board of County Commissioners have held a public hearing with consideration to the vacating, abandoning, discontinuing and closing said above described roadway; BE IT THEREFORE RESOLVED By the Board of County Commissioners of Indian River County, Florida, in regular session, this the 23rd day of February A. D. 1966, that it has therefore determined upon the petition of Arthur Lee Henderson and upon said public hearing to vacate, abandon, discontinue and close the above described right-of-way and to renounce and disclaim any rights of the County to the property as above described. BE IT FURTHER RESOLVED that this Board does herewith find and determine the following: 1. That this Board has published notice thereof one time in the Vero Beach Press Journal, a newspaper of general circulation in Indian River County Florida; said publication being published at least two weeks prior to the date stated thereon for such public hearing. 2. That the above described land, to -wit: All of Lot 52 of Espy Sub- division according to Plat Book 2, page 36, St. Lucie County, Florida, except the south 20 feet thereof is not necessary as a public road and is not required by the State of Florida or the Federal Government as part of the State or Federal Highway System and said portion of right-of-way above described are not located within the corporate limits of any municipality and is located in Indian River County, Florida. BOO PAGE 50 4 3. A public hearing thereon has been held by the Board of County Commissioners of Indian River County, Florida, in the office of said Board at the Indian River County Courthouse, Vero Beach, Florida, on the 23rd day of February, A. D. 1966 at 9:00 o'clock A. M. 4. That the above described land is not needed for street, road, highway or other public purposes by Indian River County Florida. BE IT FURTHER RESOLVED that this Board does herewith vacate,<_.abandon, discontinue and close, and does herewith renounce and disclaim any right of the County and the public in and to any land in connection with the right-of-way heretofore described. 'E 2 ;t4,J BOOK pAcE505 Mr. Thomas H. Trent, Civil Defense Director, requested permission to join the Civil Defense Association, dues $5.00 per year, and to attend a meeting in Gainesville on March 2. through March 4. He also requested authorization to purchase twenty badges, ten shirts and trousers for the communication division of the Civil Defense organization at a cost of approximately $125.00. In order to achieve satisfactory communication on a two-way basis with the Orlando District Office of Civil Defense, the Vero Beach Amateur Radio Club has recommended that a steel tower of at least 70 feet be installed adjacent to the CD building, the cost of the tower, guying materials, antenna and necessary transmission cable being approximately$216.50. The above items will be purchased from Civil Defense Funds received through the sale of surplus equipment. On Motion by Commissioner McCullers, seconded by Commissioner Macdonald and carried, the requests were granted. The County Engineer submitted a location map of the Wabasso Bridge approach AND on Motion by Commissioner Macdonald, seconded by Commissioner McCullers and carried, the same was approved with the recommendation of the State Road Department that limits the access of 85th Street into U. S. #1. The County Engineer submitted a right-of-way plan for Old Dixie Highway between 18th and 19th Streets and showing the plan to re centerline the existing pavement north of 19th Street and to follow this centerline immediately south of 19th Street. The plan eliminates parking on the west side of Old Dixie north of 19th Street and prevents expensive right-of-way costs for two buildings immediately south of 19th Street by having parking on both sides, 10 feet wide, south of Charlton Apartments. Commissioner Macdonald moved, seconded by Commissioner McCullers and carried, that this plan, tentatively approved by the State Road Department, be approved by the Board of County Commissioners and further request that the City Council of Vero Beach approve the suggested road plan. MN . .9) PAGE 506 At the Commissioner request of Sam T. Joyce,Sheriff, Motion was made by Macdonald, seconded by Commissioner McCullers and carried that the County Engineer be authorized to pave the drive- way and parking area (33'x56°) at the jail. The County Engineer reported that in discussing the right- of-way of Emerson Avenue with Mr. Clarence Davidson in Ft. Lauderdale four alternate situations were discussed. 1) Buy an 80' right-of- way, keeping the existing ditches, and would merely be a road widening project. 2) Purchase a minimum of 64° right-of-way, the ditches could, again, be provided, but no future expansion or widening. 3) to lower the existing roadway(50°) and provide drainage with curb and gutters, with two travel lanes, no parking lanes and no future expansion whatever, and 4) purchase 68' right-of-way to provide drainage with curb and gutter, no parking lanes but would provide for a 10' left turn lane. The curb and gutter would run approximately $11.00 extra for construction costs. The County Engineer reported that he is obtaining accident reports on the double curve on Fellsmere Road (SR 512) in an effort to get the project under the State Safety Program of the State Road Department. The Chairman reported that a meeting of representatives of several counties will be held in Orlando on Friday, February 25, to protest the removal of the man -orbital laboe tory from Cape Kennedy. A committee will be formed in Orlando to go to Washington to meet with Vice -President Humphrey. Commissioner Macdonald was requested to represent the Board and Motion was made by Commissioner McCullers seconded by Commissioner Macdonald and carried, that Commissioner Macdonald be authorized to go to Orlando and to Washington, if necessary. On Motion by Commissioner McCullers, seconded by Commissioner Macdonald and carried, Eugene Hamilton was authorized to attend the County Commissioners convention:.to be held in West Palm Beach. On Motion by Commissioner Macdonald, seconded by Commissioner McCullers and carried, the Engineer was authorized to extend the PO 2R 1966 soon FACE507 present road west of Henry Thompson's, following the right -of way line to the county park property. Commissioner Macdonald reported that during the last two weeks he has visited Jonathan Dickinson, Loxahatchee and Tomoka State Parks for the purpose of examining their facilities and procedure of operation and a complete report will be made later. Audit Report No. 6319 covering the records of the County Judge, Indian River County, for the period beginning September 1, 1961 and ending April 30, 1965 was presented to the Board and was ordered filed as part of the public records of the Board pursuant to Section 21.121 (3), Florida Statutes. The monthly report of inspection by the Florida Division of Corrections of the Indian River County Jail was received and Sheriff Joyce reported that the badly damaged door and floor in the violent cell (creech cell) will be corrected as soon as he finds someone • able to do -this. On Motion by Commissioner Macdonald, seconded. by Commissioner McCullers and carried, the application'of Robert John Jones for admission to the T. B. Hospital was approved. . Forrest McCullers has asked for consideration for additional office and storage space in future courthouse expansion plans. A letter was received from the Taxpayers. Association stating that Mr. John F. Banks has been assigned to County Commission activities. The Clerk reported that some of the official records storedin the basement of the Courthouse were endangered by flooding of the basement during the recent rains.- The County Engineer was requested to see what could be done to help the situation. The Clerk reported that in accordance with the statutes, the motion made at the last meeting regarding the agricultural zoning of certain lands owned by General Development Corporation must be certified to the Tax Assessor by actual description of the lands to be so zoned. Robert Jackson, President of the Taxpayers Association, requested that some invest'gatio Pre 2P 1965 BOO Act be made as to the allegations in the affidavit filed. by General Development Corporation and also if there have been any land sales or contracts made in regard to the land in question before the land is certified to the Tax Assessor as strictlyagricultural lands. Commissioner McCullers moved, seconded by Commissioner Macdonald and carried, that the matter be tabled until the next meeting and that the County Engineer, County Attorney and Mr. John F. Banks, representing the Taxpayers Association,try to find out any further information. The County Attorney was requested to write General Development Corporation stating that the Board desires an affidavit that there are no lots nor land offered for sale in the area that theyhave described. The several bills and accounts against the County, having been audited, were examined and foundto be correct, were approved and warrants issued in settlement of same as follows: GeneralFund Nos. 5126 to 5163, both inclusive; Road and Bridge Fund, Nos. 3357 to. 3375, both inclusive; and Fine and Forfeiture Fund, Nos. 516 and 517. Such bills and accounts being on file in t1� office cEthe Clerk of the Circuit Court, the Warrants so issued from the respective funds being listed in the Supplemental Minute Book andprovided by the rules of the State Auditor, reference to such record andlist so re- corded being made a part of these minutes. There being no further business, on Motion made, seconded and carried, the Boardthen adjourned. ATTEST: ,. ERK FFP 2 itrr RBERT W. GRAVES, CHAIRMAN SOT( g ME 50