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HomeMy WebLinkAbout3/9/1966WEDNESDAY, MARCH 9, 1966 The Board of County Commissioners of Indian River County met in Regular Session at the Courthouse, Vero Beach, Florida, on Wednesday, March 9, 1966, at 8:30 o'clock A. M. All members were present. Also present were County Attorney John H. Sutherland, County Engineer Edwin S. Schmucker, and Alfred H. Webber and Ruth Elliott, Deputy Clerks. The Chairman, Robert W. Graves, asked if there were any corrections or additions to the minutes of February 9 and February 23, 1966. There were none and on Motion by Commissioner Macdonald. seconded by Commissioner McCullers and unanimously carried, the minutes were approved as written. Mrs. Anne Smith, County Welfare Clerk, requested county aid for C. J. Jones,of Gifford, a former T. B. patient, in the amount of $50 per month. On Motion by Commissioner McCullers, seconded by Commissioner Waddell, and carried, the request was granted. Mrs. Smith reported that Indian River Nursing Home has increased their rates for county patients to $250.00 per month. On Motion by Commissioner McCullers, seconded by Commissioner 4 Haffield, and unanimously carried, Mrs. Smith and Mrs. Vigliano, Case Worker, were authorized to attend the State Association of County Commissioners Convention in West Palm Beach on March 27 and 28, 1966. Mr. Charles Buckner of Buckner Survey, Eau Gallie, Florida, requested that he be allowed to put the recorded plats of Indian River County on microfilm to be used by his firm in making surveys in Indian River County. This would be done at the convenience of the Clerk's office who would be reimbursed for any expenses that might be incurred. He further stated that he would furnish the county a duplicate copy of the film for the actual cost of the film. Motion was made by Commissioner Macdonald, seconded by Commissioner Waddell, and unanimously carried that the request be granted and that payment of approximately $30.00, representing the cost of the film for the duplicate copy, be authorized. .'1.,. 111 BOO 9 PAGE5IQ Miss Mary Lou Durrance representing the West Wabasso Progressive Civic Club, Inc., appeared before the Board in regard to the re- conveyance of the county -owned land to the Club. The County Attorney stated that the letter of opinion from the Attorney General suggests that a reverter clause be included in such conveyance to safeguard the use of the property for the contemplated community purpose and that with this restriction the Club would not be able to borrow money on the property to finance their project. The Engineer reported that $500 worth of fill had been placed on the property. Commissioner Waddell suggested that if the County were reimbursed for the amount of fill, perhaps the land could be reconveyed without a reverter clause. The County Attorney was requested to submit the question to the Attorney General for an opinion. 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 -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertise- ment, being a \\-(..t-r4--4--- in the matter of _____ ° _d± , \ • l6}-tww%' in the Court, was pub- lished in said newspaper in the issues of Affiant further says that thesaid Vero Beach Press Joumal is a newspaper published at Vero Beach, in said IndianRiver." County, and that the said newspaper has heretofore been continuously. published; in said7fndian• River County, Florida, weekly and has been entered as second clas.5+m 1 fnetfer, at -the, post office in Vero Beach, in said Indian River County, Florida for a periiod' f'o year/nexxah,:Preceeding the first publication of the attached copy of adver- tisemenf; and,,,affiant urtliar.says. that he has neither paid nor promised any person, firm or corporation'ony`cli5cdunt, ,ebate -commission•'or refund for the purpose of securing this adver- tisemerSt r. publication. in the,said .newspaper:, Sworn 4o_aa'hd• subAriberd before ine•thi9 4 day�/__ A.D.IS 6 (Business Manager) S • (Clerk of the Cir L a ourt, Indian River County, Florida) NOTICE OF HEARING All interested, parties are hereby notified that the Board of County Commissioners of Indian River County, State of Florida, will hold a public hearing on March 9, 1966 !at 8:30 o'clock A. M. in the Board of County Commissioners' room in the Indian River County Court- house, Vero Beach, Indian River County, Florida, to consider the request of W. H. OWENS doing business as "W. H. OWENS SANI- TATION SERVICE" for approval of his transfer and assignment to W. R. BELL of the Franchise for the collection of trash and garbage known as the "W. H. OWENS SANI- TATION SERVICE" Franchise, which said Franchise is applicable to all that part of Indian River County, State of Florida, located within the gollowing boundary lines : All that part of Indian River County lying North of SR 510 and East of the South Fork of the Sebastian River and South of the North County line and West of the Indian River. Parties in interest and citizens will be heard by the Board at said pub- lic hearing. Dated this 24th day of February 1966. W. R. BELL W. R. Bell, applicant, c/o Lawrence W. Radak, Profession-. al Building, Vero Beach, Florida Attorney for Applicant Feb. 24, 1966. The Chairman read the foregoing Notice and asked if anyone lye 1 present wished to be heard. There were no objections, Attorney Lawrence W. Radak, Mr. W. R. Bell and Mrs. W. H. Owens were present and on Motion by Commissioner Macdonald, seconded by Commissioner McCullers, the transfer 'was approved and the following Rppolution unanimously adoptd: _p B WALKER AND RADAK ATTORNEYS AT LAW PROFESSIONAL BUILDING VERO BEACH. FLORIDA • Regular meeting of the Board of County Commissioners, Indian River County, State of Florida March 9, 1966 RESOLUTION No. -/c0 BE IT RESOLVED by the Board of County. Commissioners of Indian River. County, Florida: SECTION I This Resolution shall be known and may becited as "W. R. BELL SANITATION SERVICE FRANCHISE". SECTION 2 For the purpose of this Resolution, the following terms, phrases, words and their'derivations shall have the meaning given herein. When not inconsistent with the context, words using the present tense include the future; words in the plural number include the singular and vice .versa. The word "shall" is always mandatory, (a) "County" is Indian River County, a political sub- division of the State of Florida. (b) "Company" is the Grantee of rights under this franchise, that is, W. R. BELL SANITATION SERVICE, a sole pro- prietorship of W. R. BELL, Fellsmere, Florida. (c) "Board" is the -Board of County Commissioners of the County..' (d) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (e) "Territory" means the area located in Indian River County, Florida, outside the corporate limits of any municipality as the same is more particularly defined and described herein. (f.) "Garbage or Trash Service" shall mean the picking up of garbage or trash, hauling the same to a dump and incinerator or any other method of treating garbage or trash. (g) "Garbage" shall mean worthless, offensive matter, offal, refuse, animal or vegetable matter ordinarly from kitchen, market or store. -1- MAR9 8001( PACE 512 WALKER AND RADAK ATTORNEYS AT LAW PROFESSIONAL BUILDING VERO BEACH. FLORIDA 1:' (h) "Trash" shall mean any material except garbage that has been rejected for use and cast away for disposal. SECTION 3 It is hereby granted by the Countyto the Company, the non-exclusive franchise, right and privilege to operate garbage service and trash service within the prescribed territory as herein provided. SECTION 4 The territory in which this franchise shall be appli- cable is all that part of Indian River County, State of Florida, located within the following boundary lines, to -wit: All that part of Indian River County lying North of SR 510. and East of the South Fork of the Sebastian River and South of the North County line and West of the Indian River. SECTION 5 The Company shall at all timesduring the life of this franchise be subject to all lawful exercise of the police power and regulatory authority of the County and to such regulation as the County shall hereafter by resolution provide. SECTION 6 It is expressly understood and agreed by and between the Company and the County that the .Company shall save the County and members of the Board harmless from any loss sustained by the County on account of any suit, judgment,execution, claim or demand whatsoever resulting from negligence on the part of the Company in the operation or maintenance under the terms of this franchise. The parties hereto agree .that in the construction of this section, the claim of any person resulting from negligence on thepart of the Company may be prosecuted directly by such person against the Company as if no governmental immunity accrued to the County by virtue of the Company's use of a public place of the County. The County shall -notify the Company promptly after presentation of any claim or demand. SECTION 7 The Company shall maintain and operate its garbage service in accordance with the rules and regulations as are or may -2- MAR 9 1966 BOOK 9 PAGE 513 e WALKER AND RADAK ATTORNEYS AT LAW PROFESSIONAL BUILDING VERO BEACH. FLORIDA be set forth by the Board from time to time. The right is hereby reserved to the County to adopt, in addition to the pro- visions herein -contained and existing applicable resolutions or laws; such additional regulations as it shall find necessary in the exercise of the police power and lawful authority vested in said County, provided that such regulations shall be reasonable and not in conflict with the rights herein granted and not in conflict with the laws of the State of Florida. SECTION 8 a. The Company shall have the authority to promulgate such rules, regulations, terms and conditions covering the conduct of its business as shall be reasonably necessary to enable the Company to exercise its rights and perform its obligations under this franchise and to issue an uninterrupted service to each and all of its consumers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or withthe laws of the State of Florida. b. At all times herein where discretionary power is left with the Board of County Commissioners, said power shall be exercised in accordance with the provisions of the Utility Act of Indian River County. SECTION 9 The Company shall not, as to ratesand charges, make or grant any preference or advantage to any person, provided that nothing herein shall prohibit the establishment of a graduated - scale of charges and classified rate .schedules to which any consumer coming within such classification would be entitled. SECTION 10 The Company shall not sell or transfer its garbage service to another nor transfer any rights under this franchise to another without the approval of the Board as set forth in the Utility Act of Indian River County. SECTION .il The rates charged by the Company for its .service here- under shall be fair and reasonable and designed to meet all necessary costs'of the service, including a fair rate of return -3- MAR '3 q9 BOOK 9 ?ACE 514 WALKER AND RADAK ATTORNEYS AT LAW PROFESSIONAL, BUILDING VERO BEACH. FLORIDA on the netvaluation of its properties. devoted thereto under efficient and..economical management. The Company agrees that it shall be subject toall authority. now or hereafter possessed by the Countyor any other regulatory body having competent juris- diction to fix just, reasonable and compensatory rates. When this franchise takes effect, the Company shall have authority to charge and collect not to exceed the following schedule of rates, which shall remain effective until changed or modified as herein pro- vided, to -wit: MONTHLY GARBAGE RATES Residence:. Fifty cents (50*) per dwelling per week;. payable monthly for twice weekly service. Business: At a mutually agreed upon rate based upon the amount of waste and waste material. Garbage service pickup will be established by. the Company at the commencement of this franchise. Should this franchise be subsequently area East of thr River, then in that event,. all Indian River. are to be referred to as the beach pickups will be at the rate of $.75 per, pickup; that all pickups in the beach area will be made agreements between the consumer and the Company extended to an areas East of the area and all provided, however, pursuant to as to the number of pickups per month.. if any person serviced by the Company under this franchise .complains to the Board concerning the rates, charges and/or operations of such utility and the.Company, after request is made upon it by the Board, fails to satisfy or remedy such complaint or objection or fails to satisfy the Board that such complaint or objection is not proper, the Board may thereupon, after due notice to such utility, schedule a hearing concerning such complaint or objection and the Board may review the rates and charges set and charged by. the Company for the services which it furnishes or the nature and character of the service it furnishes or the °quality of services furnished. If the Board enters its order pursuant to such hearing and the Company feels it is aggrieved by such order, the Company may seek review of the Board's action by proceedings in the Circuit Court -4- MAR 9 BOOK ; 9 ?,AGE 515 WALKER AND RADAK ATTORNEYS AT LAW PROFESSIONAL BUILDING VERO BEACH, FLORIDA of the .County; otherwise, the Company shall promptly comply with the .order of the Board. SECTION 12 The Countyshall have access at all reasonable hours to all of the Company's contracts, accounting, financial, statistica consumer and service records relating to the operation of the Company and to all other records required to be kept by the Company, and the Company shall file such accounting reports and data with the County when required. SECTION 13 The ,Company shall at all times maintain public liabilit and property damage insurance in such amounts as shall be require from time to time by the Board in accordance with good business practices as determined by safe business standards as established by the Board for the protection of the Countyand the general public and for any liability which may result from any action of the Company. SECTION 14 Should the Company desire to increase any changes here- tofore established and approved bythe•Board, then the Company shall notify the Board in writing, setting forth the schedule or rates and charges which it proposes. A public hearing shall then be held on such request, of which notice shall be given by publication in a newspaper regularly published in said County at least one time not more than one month nor less than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. Said hearing may there- after be continued from time to time as determined by the Board. If the Board enters order pursuant to such hearing and the Company or any person feels aggrieved by such order, then the Company or such person may seek review of the Board's action by proceedings in the Circuit Court of the County. SECTION 15 If the Company fails or refuses to promptly and faith- fully keep, perform and abide byeach and all of the terms and conditions of this franchise, then the Board shall give the -5- BOOK PACE 5I6 MAR 9 1966 d WALKER AND RADAK ATTORNEY$ AT LAW PROFE88IONAL BUILDING VERO BEACH. FLORIDA L Company written notice of such deficiencies or defaults and a reasonable time within which. the .Company shall remedy the same, which notice shall specify the deficiency or default. If the Company fails to remedy suchdeficiency or default within the time required bythe notice from the Board, the Board may thereafter schedule a hearing concerning the same with reasonable notice thereof to the Company and. after such hearing at which all interested parties shall be heard, the Board may further limit or restrict this franchise or may terminate and cancel the same in whole or in part if proper reasons thereby are found by the board. If the Board enters order pursuant to such hearing and the Company or any other person feels aggrieved by such order, the utility or such other person may seek reviewof the Board's action by proceedings in the Circuit Court of the County. SECTION 16 The Company shall have the right to discontinue service to any consumer within the above described area in the event of non-payment of his garbage service bill. The Company agrees that it will maintain the garbage service as provided herein with motor vehicles of sufficient size, safety and adaptability for garbage service as may be required from time to time by the Board; Equipment used in collecting, hauling and dumping garbage must be a fully enclosed vehicle of wood or metal with water -tight bottom sufficient to prevent leakage and with wood or metal doors to be opened and closed in order that the contents thereof may not be lost, spilled or blown from the equipment. SECTION 17 Nothing in this franchise shall be deemed as making it mandatory for any person to use the garbage service as herein provided where a proper and/or legal disposition of his garbage b other means ordinances, collection, is • made and as long and statutes on the person, company, or as he abides by sanitation laws, subject. But no other system of firm, may charge for the collec- tion of garbage .and trash except the holder of this franchise, an the holders of other non-exclusive franchises duly entered into km( 9 PACE 517 MAR 9 1966 WALKER AND RADAK ATTORNEYS AT LAW PROFESSIONAL BUILDING VERO BEACH. FLORIDA • by the County, provided however, that the Countyagrees not to grant any otherfranchisesfor garbage collection service other than the following named persons, firms or corporation, to -wit: Andy's Sanitation Service Rural Sanitation Service Cliett's Sanitation W. R. Bell Sanitation Serui.ce Service unless and until a public hearing shall be held by the Board of County Commissioners pursuant to an application for a franchise and after notice, as provided by law, has been made, and the County agrees that said application shall not be approved if any or all of the above named persons, firms or corporations demonstrate to the Board of County Commissioners that said above named persons, firms or corporations are capable of and agree to provide the service which the applicant desires to render. SECTION 18 The Company, its succesors and assigns, shall have the rights and privileges and power -to use the streets, roads and alleyways, and passageways of the County of Indian River to collect garbage and trash. All collections of anything shall be. made with the leash practical delay and inconvenience to the public or• individuals. No obstructions may be placed by the 'Company or its successors in the streets, sidewalks, alleyways, and passageways of the County without the consent .of the Board. The Company shall be liable tor all injuries and damage to persons or property occasioned by any other manner of collection than set out herein or bycarelessly obstructing the streets, highways, sidewalks, alleys, or public places for the aforesaid purposes. SECTION .19 The Company shall collect all garbage and trash from parties availing themselves of the use of the garbage service as provided herein when such garbage and trash are put in receptacle designated and these receptacles are placed in the proper places on properties. Prior to any action of the Board concerning the designation of receptacles or placement of said receptacles by th -7- MAfi 1366 BOOK 9 PAGE 518 WALKER AND RADAK ATTORNEYS AT LAW PROFESSIONAL BUILDING VERO BEACH, FLORIDA Board, the Company shall have the right to set its regulations and requirements, which in all cases may be reasonable and just. It is agreed and understood that fallen trees are not to be considered trash, but customers of this garbage service and the holder of the franchise may contract with each other for the removal of trees fallen or otherwise, should they desire, and the pay for this service will be separate and apart from the rates charged for the collection of garbage and trash. Wooden boxes, pasteboard cartons, etc., that merchantshave and collect from day to day in routine of business shall be considered trash. SECTION 20 The holder of this franchise. shall not have the right of condemnation or of eminent domain. SECTION 21 The holder of this franchise must comply with all existing ordinances, statutes and codes and must follow such procedure of operation as to be sanitary and not to be a nuisance or discredit to the County. The Company must make collections as often as necessary from all parts of the County designated as set forth. in the rate schedule mentioned above and as may be determined by. the Board from time to. time. SECTION 22 The Company shall not be allowed the right to extend the collection service to residences and businesses. outside of the franchise area as described above without prior permission of the Board. SECTION 23, The Company shall have the .burden and responsibility of disposing of garbage and waste and trash collected, and the Company will obey all laws and regulations regarding disposal of same and will not make .or cause a nuisance. The County may make uniform charges, maintenance of a reasonable rules fees or taxes to each franchise holder for the public dumping grounds. The County may make and regulations providing where, when and how each franchise holder may dump garbage or trash in the public dumps provided by the County. -8- 4 BOOK 9 PAGE 519 WALKER AND RADAK ATTORNEYS AT LAW PROPE88!ONAL BUILDING VERO BEACH. FLORIDA SECTION 24. The franchise and rights herein granted shall take effect and bein force from and after the time of the adoption of this resolution by the Board and shall continue in force and effect for a term of thirty (30) years a fter such adoption. SECTION 25 If any word, section, clause or part of this resolution is held invalid, such portion shall be .deemed a separate and independent part and the same shall not invalidate the remainder. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida, has caused this franchise to be executed,in the name of the County. of Indian River by the Chairman of the Board of County Commissioners, and.its seal to be affixed and attested by its Clerk, all pursuant to the resolution of the Board of County Commissioners adopted on the 574 -le day of 196,• Signed, sealedand delivered in pres ce of: -9- MAR 9 1966 A WALKER AND RADAK ATTORNEYS AT LAW PROFESSIONAL BUILDING VERO BEACH. FLORIDA ACCEPTANCE OF FRANCHISE W. R. BELL SANITATION SERVICE, a sole proprietorship, does herebyaccept the foregoing franchise, and for itself and its successors and assigns, does hereby covenant and agree to comply with and abide by all of the terms, conditions, and provisions therein set forth and contained. DATED at Vero Beach, Indian River County, Florida, this day of rilp,r,c t 1964. W. R. BELL SANITATION SERVICE . R. Bell Signed, sealed and delivered in t .presence of: STATE OF FLORIDA COUNTY OF INDIAN .RIVER I, an officer authorized to takeacknowledgements of instruments according to the .laws of the State. of Florida, duly qualified and acting, hereby certify that W. R. BELL, to me personally known, this day acknowledged before me that he executed the foregoing Acceptance of Franchise, and that he affixed thereto his signature. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Vero Beach, Indian River County, Florida, this day of /d?Qhc% 196 . otary Public, State. of Fior da ai My commission expires: MAR 9 1966, arge. BOOK ; , 9 PAGE 521 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 -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertise- ment, being a\V—.11-c-%'-- in 1 -%'- in the matter of in the fished in said newspaper in the issues of 1,C 19G Affiant further Sys.; :that:the, said Vero Beach Press Joumal is a. newspaper published at Vero Beach, in `seid;: lndi f Rivei 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,:maii mafteirat the. post office" in: Vero Beach, in said Indian River County, Florida for a period of one y .n t.,prece.edtrng'thefirst publication of the attached copy of adver- tisement; and ,affiant4fut't`h r sa ,that:'he has neither paid nor promised any person, firm or corporation any,tdlsaodht, r bate, cd'mmisstotr or,tefuand for the purpose of securing this adver- tisement for pubwj6atlbn M tfie' i 4 news apor t.• a ..; . ,•; : ��^ � t Sworn to abAit4iieSitAchldetpre'meth' s4 Fy day of � A.D.^l f =Nr. y -�- — a (Business Manager) , • a e. • ��efeler th urt, Indian River Coun (SEAQ • %' .....• iy b. Florida) A s'* 1.4 Court, was pub - NOTICE NOTICE IS HEREBY GIVEN. that the Board of County Commis- sioners of Indian River County, Florida, will receive sealed bids to the hour of 9:00 o'clock A. M. on Wednesday, March 9, 1966, and at said time publicly open the same at a meeting of said Board to be held in the County Commis- sioners' Room, Indian River Coun- ty Courthouse, Vero Beach, Flor- ida, for sale to said County the following described personal prop- erty: 1. Orie (1) New 1?4 yard, diesel - powered, track mounted, front endloader as set forth in specifications. 2. One (1) New 4 -ton Hydraulic Crane to be mounted on a truck as set forth in specifi- cations. 3. One (1) New Cab & Chassis on which will be mounted a Hydraulic Crane as set forth in specifications. 4. One (1) New Tractor Truck Unit for an existing Lowboy Trailer as set forth in speci- fications. S. One (1) New 1966 Four -Door. Sedan as set forth in speci- fications. 6. One (1) New 1966 Diesel Wheel Type Tractor with Side Bar Mower as set forth in specifications. 7. One (1) New Flat Bed Truck Body with an Electric Hydraulic Lift Gate as set forth .in specifications. 8. One (1) New Four -Cycle Diesel Engine as set forth in specifications. 9. One (1) New Three -KW Air- Cooled, lrCooled, Portable diesel Gen- erator as set forth in speclfi . cations. Bid forms and detailed specifica- tions may be obtained upon appli- cation to the County Engineer's -Office, Room 114, Courthouse, Vero Beach, Florida. The County will furnish all tax, exemption certificates to which it is entitled and it reserves the right to reject any and all bids. All bids shall be in an envelope securely sealed, and marked on the outside, "Bid for .titetn iiuin- The Chairman read the foregoing Notice -and bids were received and opened as follows: Item No. 1- One New 1 3/4 yard, diesel -powered, track mounted front endloader. Kelly Tractor Company $ 21,439.67 Fla-Ga.Tractor Company $. 21,075.00 On the :.recommendation.of.the County Engineer, Motion was made by Commissioner Waddell, seconded by Commissioner Macdonald, and unanimously carried, that the low bid of Florida -Georgia Tractor Company be accepted. Item No. 2 - One New 4 -ton Hydraulic crane to be mounted on a truck H. F. Mason Equipment Co. $ 6,751.75 On Motion by Commissioner Macdonald, seconded by Commissioner Haffield, the bid received from H. F. Mason Equipment Company was unanimously accepted. MAi 9 1 ES Boa 9 PAGE 522 Item No. 3- One New Cab & Chassis on which will be mounted Hydraulic Crane Indian River Farm Supply $ 4,400.00 Arnold Ford Sales, Inc. $ 4,265.20 Roland Miller Chevrolet Co. $ 3,890.00 Motion was made by Commissioner Waddell, seconded by Commissioner Haffield, and unanimously carried, that the low bid of Roland Miller Chevrolet Company be accepted. Item No. 4- One New Tractor Truck Unit for existing Lowboy Trailer Roland Miller Chevrolet Co. $ 7,150.00 Arnold Ford Sales, Inc. $ 8,959.51 Indian River Farm Supply $10,670.00 On Motion by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, the low bid of Roland Miller Chevrolet Company was accepted. Item No. 5- One New 1966 Four Door Sedan Arnold Ford Sales, Inc. $ 2,516.69 J. R. Furlong & Company $ 2,793.55 Roland Miller Chevrolet Co. $ 2,492.29 Commissioner McCullers moved that the low bid of Roland Miller Chevrolet Company be accepted. Motion was seconded by Commissioner Macdonald and unanimously carried. Item No. 6- One new 1966 Diesel Wheel Type Tractor with Side Bar Mower Pippin Tractor & Equipment Co. Inc. $ 3,342.00 Indian River Farm Supply 3,402.00 On Motion by Commissioner Waddell, seconded by Commissioner Mc - Cullers and unanimously carried, the low bid of Pippin Tractor and Equip- ment, Inc., was accepted. Item No. 7- One New Flat bed Truck Body with Electric Hydraulic Lift gate South Florida Engineers, Inc., Tampa $1,524.00 Rowland Truck Equipment Inc. Miami 1,389.00 Tom Wood Equipment Corporation, Miami 1,398.00 The County Engineer stated that he has had experience with the Garwood lift gate and upon his recommendation, Motion was made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, that the bid of Tom Wood Equipment Corporation be accepted. t°;f.l• 3 1156 BOOK 9 PACE 523 1 Item No. 8- One New Fourcycle Diesel Engine Florida -Georgia Tractor Co., $3,500.00 Kelly Tractor Company $3,638.38 On Motion by Commissioner Haffield, seconded by Commissioner Waddell, and unanimously carried, the low bid of Florida -Georgia Tractor Company was accepted. Item No. 9- One New Three -KW Air-cooled_, Portable diesel generator There were no bids received for Item No. 9. An Affidavit was filed by Peter and Marjorie Cassara requesting that the East 20 Acres of Tract 7, Section 15, Township 33 S, Range 39 E, be zoned as agricultural land, and in as much as it was received too late for action this year, the clerk was instructed to place it on file for consideration next year. %pR 9 1966 BOOK w 9 PAGE 524 1 Mr. Warren T. Zeuch, Jr., representing the Indian River County Safety Council and the Independent Insurance Agents Association, in- formed the Board of a defensive driving course which will be offered beginning March 21st at 7:30 P.M., Room 125, Vero Beach High School. He requested the Board's support in urging people to attend this course. 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 -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 -+^-- -( ji1A-Lt in the Court, was pub- lished In said newspaper in the issues of Affiant further sayV.that_ the said Vero Beach Press Journal is a newspaper published at Vero Beach, in sat lndiai&;'River County, and that the said newspaper has heretofore been continuously: pubtish , ifilp* Indian River County, Florida, weekly and has been entered as second class marlmafter.. r. post iffice in, Vero Beach, in said Indian River County, Florida for a period ofone iyeaY.i* t;•prfecetading the first : publication of the attached copy of adver- tisement and a1'fiarlt'%irther:s13y5 i:Ctat'.he qaeneither paid'nor promised any person, firm or corporation .ani..=fliagpti>irrt irgbe7¢; tommissrdn or,r'efund ;for the purpose of securing this adver- tisement for.;puialioafiort rFl the';s id newspa•per:' -• e'' .a. Sworn to and'�silbsorf' i�i'.�ieTor�en>ra�fhisF" . q (;usiness Manager) (STU ..• L,0 rf, ver County, Florida) NOTICE• ( NOTICE IS HEREBY GIVEN; that Central and Southern Florida'. Flood Control District has filed a petition with the Board of .County' 'Commissioners of Indian River' County, Florida, requesting said Board to close, vacate, discontinue and abandon• all road and . street rights of way within the perimeter of the District's hereinafter -de - 'scribed property which is shown on the Plat of Fellsmere Farms Com- pany's Subdivision of unsurveyed Township '31 South, Range 36 East, 'according to the plan recorded in :Plat Book 2, page 9, St. Lucie County, Florida, public records, :said rights of way running Easterly and Westerly and Northerly and 'Southerly as shown on said plat; Tracts 107 to 114 inclusive, •) 207 to 214 inclusive, 307 to 314 inclusive, 407 to 414 inclusive, 'qk 507 to 514 inclusive, 607 to 614 inclusive, 707 to 714 inclusive, less, however, the Southwest one-quarter (SW 1%) of Tract 'a 407, all in Fellsmere Farms Company's Subdivision of Town- ship 31 South, Range 36 East, ": according to the plat •thereof ! recorded in Plat Book 2, page ;i 9, St. Lucie County, Florida, public records; containing 1998.5 acres, more or less. Said Board will• 'hold a public hearing at 10:00 A. M. on March 9; 11966, in the office of the Board of County • Commissioners in, the In- dian River County Courthouse, Vero Beach, Florida. Persons interested may appear and be heard at said time and place. This 9th day of February, 1966.: 1 BOARD OF COUNTY COM- MISSIONERS OF 'INDIAN RIVER COUNTY, FLORIDA /s/ Robert W. Graves Chairman Feb. 17, 1966. 1 The foregoing Notice was read by the County Attorney and the Chairman asked if anyone present wished to be heard. Mr. Robert F. Lloyd and Mr. Gilbert E. Smith, representing the Fellsmere Farms Drainage District, stated that they had no objections but requested the Board to adopt the Resolution subject to there being no objections by their Attorney, Mr. George Heath, who was out of town at the present time. The County Attorney explained that all this Board was vacating was any right or interest of the general public to the road rights-of-way; and thereupon, on Motion by Commissioner Macdonald, seconded by Com- missioner Waddell, the following Resolution was unanimously adopted: .'Subject to the approval of George Heath, Attorney for the Fellsmere Farms Drainage District: MAR 9 1966 BOCK 9 p; cE 525 J RESOLUTION WHEREAS, the Board of County Commissioners of Indian River County, Florida, has heretofore determined upon petition of the Central and Southern Florida Flood Control District to consider closing, vacating, discontinuing and abandoning all road and street rights of way within the perimeter of the District's hereinafter - described property in unsurveyed Township 31 South, Range 36 East; Indian River County, Florida, which road and street rights of way are not used as public roads or parts of public roads, and to renounce and disclaim any right of the County and the public in and to the land in connection therewith; and, WHEREAS, the Central and Southern Florida Flood Control District has acquired said land for the purpose of water storage in connection with its program of flood control for central and southern Florida; and WHEREAS, the road and street rights of way referred to above have not been used heretofore for road and street purposes, and their use for such purposes at any future time would be inconsistent with the essential public purpose, viz., water storage, for which said hereinafter -described land was acquired. BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, in regular session, on the 9th day of March, A. D., 1966, that it has therefore determined upon petitionof the Central and Southern Florida Flood Control District to close,vacate, discontinue and abandon all road and street rights of way within the perimeter of the District's hereinafter -described property which is shown on the Plat of Fellsmere Farms Company's Subdivision of unsurveyed Township 31 South, Range 36 East, according to the plan recorded in Plat Book 2, page 9, St. Lucie County, Florida, public records, said rights of way running Easterly and Westerly and Northerly and Southerly as shown on said plat: Tracts 107 to 114 inclusive, 207 to 214 inclusive, 307 to 314 inclusive, 407 to 414 inclusive, 507 to 514 inclusive, 607 to 614 inclusive, 707 to 714 inclusive, less, however, the South- west one-quarter of Tract 407, all in Fellsmere Farms Company's Subdivision of Township 31 South, Range 36 East, according to the plat thereof recorded in Plat Book 2, page 9, St. Lucie County, Florida, public records, containing 1998.5 acres, more or less. 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 MAF; 9 1966 BOOK 9 Pg€ 526 for such public hearing. 2. That the above described land is not a part of a public road or roads and is not required by the State of Florida or the Federal Government as part of the State or Federal Highway System, and said rights of way above described are not located within the corporate limits of any municipality and are located in Indian River County, Florida. 3. A public hearing thereon has been held by the Board of County Comm- issioners of Indian River County, Florida, in the office of the said Board at the Indian River County Courthouse, Vero Beach, Florida, on the 9th day of March, 1966, at 10:00 o'clock A. M. 4. That the above described land is not needed for street, road, high- way or other public purposes by Indian River County, Florida. BE IT FURTHER RESOLVED that the Board does herewith close, vacate, dis- continue, and abandon, and does herewith renounce and disclaim any right of the County and the public in and to any land in connection with the road and street rights of way heretofore described. PASSED and ADOPTED, this 9th day of March, A. D., 1966. ATTEST: Ralph Harris, Clerk By: r --C.G-G-X'...i 1 Deputy Clerk 0 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORID& By /S / /?0 GLd &y"ra.i"�S Chairman F 66 BCOX .GE 527 On Motion by Commissioner Waddell, seconded by Commissioner McCullers and unanimously carried, the request for permit from Central and Southern Florida Flood Control District to place culverts under- neath the road between C-54 and the Fellsmere Main Canal was granted. 'Letters from Charles E. Smith, President of the Kiwanis Club, and from Gene Waddell, President of the Student Council of Vero Beach High School were read, requesting the use of five voting machines to be used to elect officers for the Student Government. The Kiwanis Club is sponsoring the program to educate the students in the use of the voting machines. Upon Motion by Commissioner Macdonald, seconded by Commissioner Waddell and unanimously carried, the request was granted and the Engineer requested to deliver the machines to the school on March 21. 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. .1. 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 —s. in the Court, was pub- lished in said newspaper in the issues of =1.`i c,v 3 1 P G C, Affiant further says that the said Vero Beach ,Press Joumal is a newspaper published at Vero Beach, in said Indian River County, and'. that the said newspaper has heretofore been continuodsiy.published, in said Indian River. County, Florida, weekly and has been entered as second class:ariai"liri%ttel:,ai tli0:;post office in Vero Beach, in said Indian River County, Florida for a period of on@ yeer.next�preceeding. the first publication of the attached copy of adver- tisement; and„affrant. f u r,ttier says -.that -.hee has "neither paid nor promised any person, firm or corporatiori_an .discountt, rebratet commission .fr'refund for the purpose of securing this adver- tisement for:, pubjieatron,f,F,e said ne. paper "_ Sworn -ta ant. subs bedbefore •rai�Ft is;. 5l'J+ Y -) (Business Manager) (SFA day of. A.D._1SG(. • ' 149ter of th ircuit Court, Indian River County, Florida) The Chairman NOTICE I NOTICE IS HEREBY GIVEN that the Board of County Comni -sioners and the Civil Defense D - rector of Indian River County, Flor ida, will receive sealed bids to the {hour of 10:30 o'clock A. M. on Wednesday, March 9, 1966, and at said time publicly open the same at the meeting of said Board to be held in the County Commissioners' Room, Indian River County Court- house, Vero Beach, Florida, for the sale, for cash, by the County of the following equipment: (Item #1.) 1 Cat. Diesel engine, SN2202169. (Item #2.) 1 Cat. Diesel engine, SN2201517. (Bern #3.) 1 .Generator marked (Bern #4,) 1 Generator, marked "B• (Item #5.) 1 Generator marked „C (Item #6.) 1 Generator, SN231. (Item #7,) 1 Generator. (Item #8.) 1 Chevrolet Pickup Truck. Items #1, 2, 5, 4 and 5 may be seen at Indian River County Barn on South Gifford Road. Item #6 may be seen at Electric Motor Works, 411 Seaway Drive, Fort Pierce. •Items #7 and 8 may be seen at Civil Defense Headquarters, County Jail, 1727 - 17th Ave., Vero Beach. Fla. All equipment is to be sold in "as is” condition, The County re- serves the right to reject any and all bids, or .to award the bids sepa- rately or as a whole; therefore the bids should be submitted in that form. All bidsshall be in a sealed en- velope, marked on the outside, "Bids for Civil Defense Surplus Equipment, Item Nos. This 9th day of February, 1966. BOARD OF COUNTY COM- MISSIONERS, INDIAN RIVER COUNTY, FLORIDA By /s/ Robert W. Graves, Chairman and INDIAN RIVER COUNTY CIVIL DEFENSE By /s/ Thos. H. Trent, Director Feb. 24, March 3, 1966. read the foregoing Notice and bids, were received and opened as follows: MAR 9 BOO mu 528 A Item No. 1- Cat. Diesel engine, SN2202169. Naimey Enterprises Kelly Tractor Company $ 125.80 255.00 On Motion by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, the high bid of Kelly Tractor Company was accepted. Item No. 2- Cat. Diesel Engine SN2201517. Naimey Enterprises Kelly Tractor Company $ 125.80 255.00 On Motion by Commissioner Waddell, seconded by Commissioner McCullers and unanimously carried, the high bid of Kelly Tractor Company was accepted. Item No. 3- Generator marked "A" Naimey Enterprises Kelly Tractor Company $ 25.80 65.00 On Motion by Commissioner Haffield, seconded by Commissioner McCullers and unanimously carried, the high bid of Kelly Tractor Company was accepted. Item No. 4- Generator, marked "B" Naimey Enterprises Kelly Tractor Company $ 22.80 65.00 On Motion by Commissioner McCullers, seconded by Commissioner Macdonald, the high bid of Kelly Tractor Company was unanimously accepted. Item No. 5- Generator, marked "C". Naimey Enterprises $ 20.80 On Motion by Commissioner Waddell, seconded by Commissioner McCullers and unanimously carried, the only bid on Item No. 5 was accepted. Item No. 6- Generator, SN 231. Naimey Enterprises $ 25.80 Upon the recomendation of the Civil Defense Director, Motion was made by Commissioner Waddell, seconded by Commissioner McCullers and unanimously carried, that the bid received for Item No. 6 be rejected. Item No. 7- Generator Naimey Enterprises $ 26.80 On Motion by Commissioner McCullers, seconded by'Commissioner Macdonald, the bid received for Item no. 7 was accepted. MAR 9 1966 BOOK d Item No. 8- Chevrolet Pickup Truck Naimey Enterprises Anthony Barcelona Roy F. Jones Gilbert Vollmer Charles C. Todd $ 55.80 81.52 35.00 37.00 61.50 Commissioner Waddell moved, seconded by Commissioner McCullers and unanimously carried, that the high bid of Anthony Barcelona be accepted. Mr. Robert L. Seeley of General Development Corporation was present and,asY.requested by the Board at the February 23 meeting, filed additional affidavits of Orren R. McJunkins, Vice President of General Development Corporation and Robert H. Chesser. It was reported by the County Attorney, that he, the County Engineer and Mr. John E. Banks, representing the Taxpayer's Association had, at separate times, gone around the property and it appeared that the area on the revised map as submitted by the Corporation is under fence and being used for agricultural purposes, except approximately 200 acres in the northeast corner where there is much undergrowth and no fences were visible to the eye. The County Engineer stated that there is a sales map in the office of General Development Corporation showing some of the area on the revised map in lots and blocks. Mr. Seeley stated that the area in question has been fenced and that the fence has deteriorated and is being repaired. Robert Jackson, President of the Taxpayers Association, Mr. Dudley Clyatt, President of the Farm Bureau and. Mr. Charles Davis, representing the Board of Realtors spoke in opposition to the Board zoning this land as agricultural land for tax purposes. 'At the request of the Board, Mr. Robert Chesser appeared later in the meeting and stated that he had used all of the land shown on the revised map for cattle grazing for more than five years. The Board acknowledged, receipt of the revised map, affidavits, and legal descriptions as filed, and on Motion by Commissioner Waddell, seconded by Commissioner Macdonald, the following Resolution was adopted: z�V 1vJGJ fT,OF PCE 530 RESOLUTION WHEREAS, on the 5th day of January, 1966, this Board did under the provisions of Chapter 59-226, Laws of Florida, adopt a resolution for the purpose of zoning all lands in Indian River County, Florida, within the meaning and for the purposes set forth in that chapter; and, WHEREAS, pursuant thereto, the County Assessor of Taxes did certify to this Board a list containing the legal description of the lands so zoned; and, WHEREAS, after due notice, a public hearing was held, at which time this Board did examine the list and classification of lands sub- mitted by the Assessor and did make such reclassification as was appropriate and just afterhearing all citizens and parties in interest; NOW,., THEREFORE, BE IT RESOLVED, that the Assessor of Taxes of Indian River County, Florida, be notified by delivery of a certified copy of this Resolution, together with the attached map which is made a part hereof as "Exhibit A" with all areas zoned as agricultural lands as of January 5, 1966, clearly delineated thereon, that all said lands have been so zoned, and that in addition, four parcels of land shall be included in the list of lands in the County so zoned. as agricultural lands, said parcels being described as follows: PARCEL A All of the following described land, all being in Township 31 South, Range 39 East: , All of the S.W. 1/4 of Section 7 lying S and. W of the Florida Power & Light Co's R/W's. Less that portion lying in Sebastian Highlands Unit 12. The W 1/2 of the W 1/2 of Section 18 and all land in the un- recorded Plat of Sebastian Highlands Unit 15, lying W of the W line of Schumann Lake and the center line of Schumann Drive less the W 50 feet of the S.E. 1/4 of Section 18. All of the NE 1/4, the NW 1/4 and the SE 1/4 of Section 19, Less that portion lying in Sebastian Highlands Unit 11 and less the W 50 feet of said SE 1/4. All of the NE 1/4 of Section 30 lying S and W of the center line and a projection thereof of Schumann Dr. Less the W 50 Feet there- of. MAR 9 1966 i -ODI( 9 °AGE 531. And all of the following described land, all being in Township 31 South Range 38 East: All of Section 12 lying S and E of SEBASTIAN HIGHLANDS UNIT 12 and N of the S line of Collier Creek as shown on the unrecorded plat of SEBASTIAN HIGHLANDS UNIT 16. and. the E 1/2 of the NE 1/4 of the NE 1/4 of Section 13. Less and except from the aforementioned land a strip of land 300 feet in width having as its' center line, the center lines of Schumann Drive and Barber Street. A11 lying and being in Indian River County, Florida. Containing 905 acres more or less. PARCEL B A11 of the following described land, all being in Township 31 South, Range 38 East. All of the SE 1/4 of the NE 1/4 and the SE 1/4 of Section 23, lying E of Parcel 5-B of the Sebastian River Drainage District R/W. All of the N 1/2 of the NE 1/4 of Section 26 lying E of Parcel 5-A of the Sebastian River Drainage District R/W. All lying and being in Indian River County, Florida. Containing 262 acres more or less. PARCEL NO. 1 (a) N. E. 1/4 of Section 35. (b) West 1000 feet of the NW 1/4 of Section 36. All in Township 33 South, Range 39 East, Indian River County, Florida and containing 222 acres more or less. PARCEL NO. 2 (a) SE 1/4 of Section 35. (b) West 1000 feet of the SW 1/4 of Section 36. • (c) East 420 feet of the West 1420 feet of the South 1220 feet of the SW 1/4 of Section 36. All in Township 33 South, Range 39 East, Indian River County, Florida and containing 235 acres more or less. BE IT FURTHER RESOLVED by the Board of County Commissioners of Indian River County, Florida, in regular session this the 9th day of March, A. D. 1966, that the said list as supplemented and amended at this meeting includes all of the lands in Indian River County Florida zoned as agricultural lands for tax purposes under Chapter 59-226, Laws of Florida. 800K MD 1966 PAGE 532 AFFIDAVIT STATE OF FLORIDA) SS.: COUNTY OF DADE ) On this day before me, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ORREN R. McJUNKINS, who, being by me first duly sworn, deposed and said: 1. That he is Vice President of General Development Corpora- tion, a Delaware corporation authorized to do business in Florida. 2. That General Development Corporation is the fee owner of record of that certain real property situate and being in Indian River County and more particularly described in Exhibits "Al" and "A2" hereto attached and made a part hereof. 3. That said real property is and has been for over the past five (5) years used exclusively for agricultural purposes as defined by Florida statute 193.201; and that none of said property is presently platted of record or presently being offered for sale from tentative plats or sales maps of any description whatever. Nor will any of said property be'offered for sale in the form of homesites before the same has been platted of record. 4. • That General Development Corporation will promptly notify the Board of County Commissioners of Indian River County when said lands are conveyed or are no longer used for agricultural purposes. 5. That this Affidavit is made in order to induce said Board and Tax Assessor to zone, classify and list the above described MAR 9 1966 BOOK h;,Lc 533 lands as agricultural lands for tax purposes only and that Affiant is aware of the provisions of law providing for punishment for false statement for tax purposes and that the above statements are true and correct. o and subscribed before me of March, 1966. r , 7,:<.;•:. ., _.Notary Public 1)31- Spfre' ci.f>°'Florida at Large e y ••;Commiss ion Expires: A9-1/-65, ORREN R. McJ s+ NS MAR 9 1966 pAccd34 SEBASTIAN HIGHLANDS CATTLE LEASE AREAS - UNPLATTED LANDS PARCEL A All of the following described land, all being in Township 31 South, Range 39 East: All of the S.W. 1/4 of Sec. 7 lying S. and W. of the -Florida Power & Light Co's. R/W's. Less that portion lying in SEBASTIAN HIGHLANDS UNIT 12. The W. 1/2 of the W. 1/2 of Sec. 18 and all land in the unrecorded Plat of SEBASTIAN HIGHLANDS UNIT 15 lying W. of the W. line of Schumann Lake and the center line of Schumann Dr. less the W. 50 ft. of the S.E. 1/4 of Sec. 18. All of the N.E. 1/4, the N.W. 1/4 and the S.E. 1/4 of Sec. 19. Less that portion lying in SEBASTIAN HIGHLANDS UNIT 11 and less the W. 50 ft. of said S.E. 1/4. All of the N.E. 1/4 of Section 30 lying S. and W. of the center line and a projection thereof of Schumann Dr. less the W. 50 ft. thereof. And all of the following described land, all being in Township 31 South, Range 38 East: All of Sec. 12 lying S. and E. of SEBASTIAN HIGHLANDS UNIT 12 and N. of the S. line of Collier Creek as shown on the unrecorded Plat of SEBASTIAN HIGHLANDS UNIT 16. The E. 1/2 of the N.E. 1/4 of the N.E. 1/4 of Sec. 13. Less and except from all the aforementioned land a strip of land 300 ft. in width having as its' center line, the center lines of Schumann Dr. and Barber St. All lying and being in Indian River County, Florida. Containing 905 acres more or less. PARCEL B All of the following described land, all being in Township 31 South, Range 38 East: All of the S.E. 1/4 of the N.E. 1/4 and the S.E. 1/4 of Sec. 23 lying E. of Parcel 5-B of the Sebastian River Drainage District R/W. All of the N. 1/2 of the N.E. 1/4 of Sec. 26 lying E. of Parcel 5-A of the Sebastian River Drainage District R/W. All lying and being in Indian River County, Florida. Containing 262 acres more or less. EXHIBIT "Al" SOUS MAR 9 1966 ?AC( VERO BEACH HIGHLANDS CATTLE LEASE AREAS - UNPLATTED LANDS PARCEL NO. 1 (a) N.E. 1/4 of Section 35. (b) West 1000 feet of the N.W. 1/4 of Section 36. All in Township 33 South, Range 39 East, Indian River County, Florida and containing 222 acres more or less. PARCEL NO. 2 (a) S.E. 1/4 of Section 35. (b) West 1000 feet of the S.W. 1/4 of Section 36. (c) East 420 feet of the West 1420 feet of the South 1220 feet of the S.W. 1/4 of Section 36. All in Township 33 South, Range 39 East, Indian River County, Florida and containing 235 acres more or less. All land lying in Indian River County, Florida and containing a total of 457 acres more or less. EXHIBIT "A2" MAR 9 1966 0 AFFIDAVIT STATE OF FLORIDA ) SS.: COUNTY OF ST. LUCIE) On this day before me, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ROBERT H. CHESSER, who, being by me first duly sworn, deposed and said: 1. That he is and has been a resident of Indian River County, Florida for more than 20 years, and that he has been actively engaged in cattle production and farming in said County for all of that time. 2. That in connection with his cattle production and farming activities he has leased large tracts of land from General Develop- ment Corporation over the past several years, and that for more than the past five (5) years he has leased continuously that certain real property as is more particularly described in the Cattle Grazing Leases dated December 15, 1965 and attached to this Affidavit as Exhibits "A" and "B" and made a part hereof. 3. That this Affidavit is made in order to assist General Development Corporation in its efforts to induce the Indian River County Commission and Tax Assessor to classify and zone certain of the properties covered by said leases as agricultural. ROBERT H. CHESSER Swor• Lp,,,SL'1 ` `ibed before me/; i ' y: of March, 1966. ,u,,'• p• i'v}101ic ^ ®�-'Op'ida At Large Commission Expires: MAR 9 1966 El 'nu • . w.; . � � t, ! r, CATTLE GRAZING LEASE -- Cattle Grazing Lease Agreement madetrG.....G' 45-4/9a.< between GENERAL DEVELOPMENT CORPORATION, a Delaware corpora- tion authorized to transact business. in Florida, herein called General, and ROBERT H. CHESSER herein called Lessee. 1. Description of Property. General hereby leases to Lessee and Lessee hereby leases from General the real proper- ty described in Exhibit A attached hereto for the term and . • upon the conditions hereinafter set forth. 2. Rental Consideration. Lessee agrees to pay General a rental of $600.00 per year for the cattle grazing rights granted hereunder, payable in Twelve (12) equal monthly pay- ments on or before the 10th of each month. rid 3. Term. The term of this lease commenced on November /g 1965 and shall continue for period of one year thereafter. This lease shall be automatically extended for successive one - 'year terms from year to year except that at least 60 days prior to end of any one-year term either party may give the other party written notice of intention to terminate the lease at the conclusion of such one-year term as 'to all or any part of the leased property. If the notice of intention to terminate covers less than all of the leased property, then the party receiving the notice may within 30 days of receipt of the notice give the other party written notice of intention to terminate the lease asto the balance of the leased property. 14.. Use. During the term of this lease and any extensions hereof Lessee shall use the leased property only as pasture land for the grazing of cattle or for such ,other agricultural, pursuit as General shall expressly agree to in writing, • • AR 1956 E 4-r‘ 7' E00� PAGE 538 1. 9,4 • • . • • ,. Lessee's Obligations. Lessee agrees during tho term of this lease and any extensions thereof that: (i) Lessee shall not permit, commit or suffer any waste, impairment or deterioration of the leased property or any part thereof. (ii) Lessee shall not nor shall Lessee permit any person to cut or remove any trees, wood or timber from the leased property or to remove any topsoil, rock, gravel, marl or mineral of any kind or character from the leased property. (iii) Lessee shall not create or excavate any lakes, canals or ditches on the leased property except that Lessee may clear the leased property '.. for grazing purposes so long as Lessee does not cut or remove any trees, wood, timber, lighterwood or stumps from the leased property. (iv) Lessee shall keep those portions of the leased propertyy utilized for grazing purposes en- closed so that the cattle and livestock of Lessee 'will not stray beyond and outside of the leased property. (v) Lessee shall keep the leased property posted and patrolled against all trespassers and ..shall take such steps as are necessary to protect the property. against fire. (vi) Lessee shall hold General harmless from any claims for damages from any causes'whatsoever resulting from Lessees use and .operation of the leased property including but not limited to damage to or by cattle and livestock which may have stray .ed or grazed outside of any enclosures on the. • leased property. • . 1 e • • (vii) General shall not be liable to Lessee or any agents, guests, servants or employees of Lessee for any damage to persons or property by reason of accidents of any kind whatsoever about or adjacent to the leased property, the liability for any risk of all . such damage being hereby assumed by Lessee except suoh damage as may be caused by the negligence of General, ' its agents or employees. 6. Access. General shall at all times during the term of this lease and any extensions thereof have the right to go on, upon and across the leased property from time to time for the purpose of removing lighterwood and stumps from the leased property. General shall also have the right to go on' upon and across the leased property for the purpose of causing the same to be surveyed for the platting thereof and for the purpose of constructing and digging drainage canals thereon for the drainage of the leased property. General shall pay all expenses required for the relocation of fences constructed by Lessee on the leased property if such relocation becomes.• necessary by reason of the digging. of any canals by General. 7. Termination. General shall have the right at any time during the term of this lease and any extensions thereof: to terminate the lease as to all or any part of the leased property upon 120 days, written notice to Lessee stating the date of termination and that portion of the leased property as to which the lease is to be terminated. If the termination extends to less than all of the leased property then Lessee shall have 60 days from the date of receipt of such notice to terminate the lease as to the balance of the leased property. All rents shall be prorated as of the date of termination.. MAR 9 196 • . - ' 8. Counterparts. This lease may be executed in two' .or more counterparts, each•of which shall be termed an original. - GENERAL DEVELOPMENT CORPORATION Witnesses as to Lessor: Witnesses as to Lessee: )(.4 a® By Attest: Vice PrN ent AS LESSEE EXHIBIT A PARCEL NO. 1 (a) N.E. i of Section 35. (b) West 1000 feet of the N. W. i of Section 36. All in Township 33 South, Range 39 East, Indian River County, Florida and containing 222 acres more or less. PARCEL NO. 2 (a) S. E. h of Section 35. (b) West 1000 feet of the S. W. of Section 36. (c) East 1420 feet of the West 11.20 feet of the South 1220 feet of the S. W. - of Section 36. All in Township 33 South, Range 39 East, Indian River County, Florida and containing 235 acres more or less. All land lying in Indian River County, Florida and containing a total 'of 14 7, acres more or less. A ,1 1 • I, " 0 ' . • • : • CATTLE GRAZING LEASE /.//e44/eg Cattle Grazing Lease Agreement made /&ee-e---4t /r/9‘..4-1: • bbtweon GENERAL DEVELOPMENT CORPORATION, a Delaware corpora- tion authorized to transact business in Florida, herein called General, and ROBERT H. CHESSER herein called Lessee. • • .^ 1. Description of Property. General hereby leases to ' Lessee and Lessee hereby leases from General the real proper-. ty described in Exhibit A attached hereto for the term and upon the conditions hereinafter set forth. • • 2. Rental.Consideration. Lessee agrees to pay ..General a rental of One Dollar ($1.00) per acre per year for • • the cattle grazing rights granted hereunder, payable in advance....: 3. Term. The term of this lease commended on November la 1965 and shall continue for period of one year thereafter. This lease shall be automatically extended for successive one-year terms from year to year except that at least 60 days prior to end of any one-year term either party may give the other party written notice of intention to terminate the lease at the conclusion of such one-year term as to all or any part of, the leased property. If the notice of intention to terminate ••.- . : **: covers less than all of the leased property, then the party receV-).: , • . the notice may within .30 days of.receipt of the notice give . . • the other party written notice of intention to terminate the .. lease as to the balance of the leased property. . .• . . ....... . 14.. Use. During the term of this lease and any extensions .. _...- , , • : -;;:;..*':.... ' - hereof Lessee shall use the leased property only as pasture ...•-•. land for the grazing of cattle or for such other agrioultural,!:, • ..;.,•, . ':,: . . . .r. 4 • . rLe_ . 2 ' " , pursuitas General shall expressly agree to . in writing. -21 4 ..• . • • •" -: , • :. •:).•:...,•,... .,• • • • I 1 , • • •: E(14 1 17 1J 544 MAR 1S6C, %. • .:• 5. Lossoo's Obligations. Lessee agrees during the t'orm of this lease and any extensions thereof that: (i) Lessee shall not permit, commit or suffer any waste, impairment or deterioration, of the leased property or 'any part thereof. (ii) Lessee shall not nor shall Lessee permit any person to cut or remove any trees, wood or timber from the leased property or to remove any topsoil, rock, gravel, marl or mineral ' of any kind or character from the leased property. (iii) Lessee shall not create or excavate any lakes, canals'or ditches on the leased property except that Lessee may clear the leased property' ...for grazing purposes so long as Lessee does not ;cut or remove any trees, wood, timber, or stumps from the leased property. (iv) Lessee shall keep those portions of the ,:leased property utilized for grazing purposes en- -closed so that the cattle and livestock of Lessee will not stray beyond and outside of the leased property. (v) Lessee shall keep the leased property • posted and patrolled against all trespassers and :.shall take such steps as are necessary to protect ,the property against fire. (vi) Lessee shall hold General harmless from any claims for damages from any causes whatsoever resulting from Lessee's use and operation of the .leased property including but not limited to .damag•e:—: to or by cattle and livestock swhich may have strap -A., 'ed ,or grazed outside o$' any, enclosures on : th® - leased property.'. • • (vii) General shall not bo liable to Lessee or any agents, guests, servants or employees of Lessee L. for any damage to persons or property by reason of accidents of any kind whatsoever about or adjacent to .the leased property, the liability for any risk of all ' such damage being hereby assumed by Lessee except such damage as may be caused by the negligence of General, its agents or employees. 6. Access. General shall.at all times during the term of this lease and any extensions thereof have the right.to. go on, upon and across the leased property from time to time for the purpose of removing lighterwood and stumps from the leased property. General shall also have the right to go' .on, upon and across the leased property for the purpose of causing the same to be surveyed for the platting thereof and for the purpose of constructing and digging drainage• canals thereon for the drainage of the leased property. General shall pay all expenses required for the relocation of fences constructed by Lessee on the leased property if such relocation becomes .necessary by reason of the digging of any canals by General. 7. Termination. General shall have the right at any tiro during the term of this lease and any extensions thereof. , to terminate the lease as to all or any part of the leased property upon 120 days' written notice to Lessee stating .:the date of termination and that portion of the leased property as to which the lease is to be terminated. If the termination extends to less than all of the leased property then Lessee . .shall have 60 days from the date of receipt of such 'notice to.' terminate the lease as to the balance . of the leased property. o' .�;:..�' ~ All rents -shall be, prorated as of the date .of 'te rmination. ;: l Sr . CD 8. Counternorts. This lease may be executed in two or more counterparts, each of which shall be termed an original. Witnesses as to Lessor: GENERAL DEVELOPMENT CORPORATION Vice Pres Attest* Assistant Se Aetary • •. • • • • ..1 • , a EXHIBIT A All of the following described land, all. being in Township 31.':,.;.' South, . Rango 39 East: ,All of tho SW %1. of Soo. 7 lying Sau taa and West of the Florida Power and Light Company Right-of-ways' , Tho W a of the W a of Sec. 18 and all land in the un- recorded plat of Sebastian Highlands Unit 15 lying W of the W lino of Schumann Lake and the center line of Schumann Drive loss the W. 50 feet of the SE of Section 18. All of Sec. 19 lying West of the center line of Schumann Drive. All of the Na of the N. W. and the NE of Section 30•'• lying South and West •of the center line and a projection there :4 of of Schumann Drive, less the W. 501 of the S of the NE of Section 30, and all of the following described land, all being in Township 31 S, Range 38 E: .All of Section 12 lying .3 and E of Sebastian Highlands 'Unit 12• and North of the South line of Collier Creek as shown `':.•: ;l ,; on the unrecorded plat of Sebastian Highlands Unit 16. All of Section 13 lying South and East of State Road No. 512; less the NW.i. NW.of the NEi .and the Wa of the NEi of ,the NE& of Section 13. All of Sebastian Highlands Units 3, 14. and 5; less that portion of Unit 14. lying North of the South line of Vocelle • .All of. the SE of the NE and the SE of, Section 23. • lying East of Parcel 5-B of the Sebastian River . Drainage . District (S.R.D.D.) Right-of.Way. All of Section 24.. All of the Na of Section 25 lying North of Parcel 5 ;: of the Sebastian River Drainage District Right -of -Way and the,:• Na of.� the NE. of the SEg less the S. 100 feet .in Section 25.` All of the N$ of the NEi of Section 26 lying East of: i'arcel 5-A 'of ' the Sebastian R9 • BOOR . 9 ?AGE 547. err 1 • • . • % . .. 1'1•• • . OP EXHIBIT A continued Less and except from all of the aforementioned land, all of the following described lands: .r. A strip of land 300 feet in width having as its ' ' :coater lino, the center line of Schumann Drive.' • A strip of land 300 feet in width having as itsi 'center lino, the center line of Barber Street. A11 land lying within the Right-of-way of Roseland t: Road. All lying and being in Indian River County, Ploridaa Containing 3,010 acres more or, less. MAR9 • rpAGE8 A letter has been received by the County Engineer from the Trustees of the Internal Improvement Fund stating that they would consider the County's request to purchase the land under lease to Hobart Brothers at such time it was put up for sale. The Engineer reported that Hobart Brothers have entered their objections to the County using any of the area as a dump. On Motion by Commissioner Macdonald, seconded by Commissioner Waddell and unanimously carried, the resignation of Mr. William E. Miles, Planning and Zoning Commission, was accepted with regrets, and that Mr... William E. (Bill) .: Boone, be appointed .to '.serve to January 7, 1969. A request by Mr. John Schlitt to grade 14th Street from U. S. #1 to 6th Avenue, which has previously been maintained by the County until recently. Upon Motion by Commissioner McCullers, seconded by Commissioner Waddell and unanimously carried, the Board herewith claims that portion of the road that has heretofore been maintained by the County as a public road and instructs the County Engineer to maintain it. A request by the Gifford American Legion Post to maintain the road leading to their building in Ambrose Subdivision, an unrecorded plat, was denied. This road has never been maintained by the County. Commissioner Haffield moved, seconded by Commissioner Waddell and unanimously carried, that the County Engineer, Zoning Inspector, Mr. Bob Grice and members of the Variance Board and Zoning Commission be authorized to attend a zoning meeting in Tampa on April 20 through 23. On Motion by Commissioner Waddell, seconded by Commissioner McCullers and carried, the Engineer was instructed to notify the Beverage Department that the application of Ernest Thomas at the Chicken Shack, between old and new U.S.#1, 400 feet south of South Gifford Road, for a beer and wine license, does conform to the zoning regulations of the County. On Motion by Commissioner Waddell, seconded by Commissioner McCullers, the following Resolutions were unanimously adopted to be presented to the State Road Department on March 15, 1966: ELu t9 ?AGE cro L S� RESOLUTION WHEREAS, the State Road Department of the State of Florida, Is .now in the process of preparing its budget for the fiscal year 1966--1907: and, WHEREAS, the Board of County Commissioners of Indian River County, Florida, i vitally interested in the additions, extensions and improvements to the primary road system of the State of Florida in Indian River County, Florida: NOW, THEREFORE: BE IT RESOLVED by the Board of County Co atissioners of Indian River County, Florida, that this Board does herewith respectfully request the State Road Department of the State of Florida to include in its budget for primary roads for the fiscal year 1966-1967 the following projects in Indian River County, Florida. 1. Preliminary engineering design and right of way map for SR 60 from the FRC Railroad to the west county line. If necessary, hire private consultant in order for the County to begin right of way purchas 2. The reconstruction of the existing bridge on SR 512 approx- imately 0.5 mile east of the intersection of SR 510. 3. The construction of an adequate two-lane approach highway to the Wabasso Bridge, SR 510 from U.S. *s (SR 5) to the west shore of the gndiaan River, approximately 0.5 smile. 4. Widening and reconstruction of Old Dixie Highway© SR 605 from Glendale Road,. SR 612 to 19th Street, a distance of 1.5 miles. 5. The extension, widening and construction of SR GO from Indian River Blvd. to the Atlantic Ocean, approximately 1.5 miles. 6. The reconstruction and improvement of the west portion of the . Wabasso ridge from Wabasso Island to the east shore of the Indian River over the Intracoastal Waterway and an adequate two-lane highway from the east shore of the Indian River to State Road AI, being the Wabasso Bridge Road, (SR 510) 1.25 miles. 7. A feasibility study for the location and need for an add- itional bridge across the Indian River south of the Merrill P. Barber Bridge. I, Ralph Barris, Clerk of the Circuit Cenzt of Indian River County, Florida, and Clerk of the Board of County Commissioners of Indian River County. Florida, do certify that the foregoing is a true. and correct copy of a resolution adopted at a regular meeting of the Board of County Commissioners of Indian River County, Florida, held on March 9th, 19664;I'd that said resolution stands in full force and effect and has nut;bee .rovoked. WITNESS ;r,:,y hand and official seal this 9 ` J40#00* 0,o: 1966.. BAR 9 1966 STATE OF FLORIDA COUNTY RESOLUTION ON USE of 80% SEVENTH CENT GAS TAX and OTHER SECONDARY ROAD FUNDS YEAR 1956-19G7 COUNTY Indian River WHEREAS, under Section 208.44 Florida Statutes, known as the "Secondary Road Assistance Act of 1949" and Section 339.08 Florida Statutes, the State Road Department will receive 80% of the proceeds of this county's pro -rata share of the Seventh Cent gasoline tax, to be used as prescribed by regulations of the said Department within this County, as requested by resolu- tion of this Board of County Commissioners and approved by the Department for one or more of the following purposes: Construction, reconstruction, main- tenance and repair of State roads and bridges, the lease or purchase of bridges connecting State roads, the acquisition of rights of way for State roads, and the reduction of road and bridge indebtedness; and WHEREAS, The State Road Department has requested this County Board to recommend the purpose for which, and the roads on which, this County's 80% surplus gas tax and Federal Aid Secondary allocations should be spent for construction and improvement; and WHEREAS, the State Road Department requires this information so that it may be considered in the preparation of the Annual Budget of the State Road Department; and WHEREAS, this Board conferred with the State Road Department con- cerning the projects to be selected and t`. specifications with respect thereto, NOW THEREFORE, BE IT RESOLVED THAT the State Road Department is hereby requested to use such funds for construction (including rights of way acquisition; surveys, plans maintenance, etc.) of the following roads: goox : _ 9 P;GE551 1344R 9 1966 DESCRIPTION OF PROJECT OR USE OF SECONDARY ROAD FUNDS FOR 1966-1967 1. To complete survey and alignment map for Indian River Boulevard from Township line dividing 31 South, and 32 South, to Oslo Read, approximately 10.0 miles. 2. Right of way for widening and reconstruction of the Old Dixie Highway from 19th Street to SR 612, approximately 1.5 miles. 3. Acquire additional right of way, reconstruct and widen Emerson Avenue, SR 607 from SR 60 to Glendale Road, SR 612, approximately 1.5 miles. 4. Acquire additional right of way, reconstruct and widen Clemanns Avenue, SR 611, from SR 60 to Glendale Road, SR 612, approximately 1.5 miles. 5. Widen to 24' and resurface West Wabasso Road, SR 510 from its intersection with SR 512 south and east a distance of 1.75 miles. 6. Widen to 24' and resurface Zings Highway, SR 505A from SR 60 to the North Relief Canal a distance of 3.75 miles. 7. Ranch Road, SR 609, from Barber Avenue to North Winter Beach Road, approximately 4 rides. 8. Rework base, widen and resurface Lateral A, SR 505, from South Gifford Road, SR 630, to SR 600 approximately 2 miles. 9. Glendale Road, SR 612, from one mile west of Rings Highway SR 505A to Ditch D-4 (or 90th Avenue) , approximately 3 miles. 10. Pave Oslo Road from Ranch Road to 90th Avenue, approximately 1 mile.. 11. Clemanns Avenue, SR 611, from SR 60 to Walker Avenue including bridge over Nain,Canal, approximately 0.5 mile. 12. Citrus Road (4th Street) from Clemanns Avenue, SR 611, to Rings Highway, SR 505A, approximately 1 anile. BOOK 9 PACE552 MAR 9 1966 4, BE IT FURTHER RESOLVED That the methods and standards employed by the State Road Department for determination of major improvement features, including the specific alignment, the types and widths of pavement, and the Department's standard specifications for construction are concurred in and approved by this Board. It is requested: That the Department will consider the projects in the order listed above insofar as practicable, but not to the extent of retarding the whole program; that the termini of the projects as described in the resolution and shown on the accompanying map, rather than any estimate of funds therefor, shall control the Department's allocation of funds; that this resolution shall remain in effect throughout the year; and that after the current year the recommendations of this resolution shall con- stitute a continuing improvement program for the County, unless changed by a subsequent annual resolution. STATE OF FLORIDA COUNTY OF Indian River I, Ra3p1'a Harris , Clerk of the Circuit Court in and for Indian Inver County, Florida, and ex officio Clerk of the Board of County Commissioners of Indian River County, Florida, hereby certified that the above and foregoing is a true and correct copy of a resolu- tion adopted by the Board of County Commissioners of Indian River County, Florida, in regular meeting assembled on the 9th day of March , A.D., 19 66 , and that the same has been duly incorporated in the minutes of said meeting. IN WITNESS WHEREOF, I have hereto affixed my hand and official seal this 9th day of March , A.D., 19 66' 11 eiN o ,mat Cot u. •�...�. • • MAR 1566' ''"130tt FAc£ 553 The County Engineer reported that Bond #S27284, Whispering Palms, Inc., has never been extended nor has the work been completed. The Board suggested that the Engineer check out the ownerships in the area. d The Board authorized the Engineer to write Swords and Sons Asphalt Co, Inc., asking if they intend to perform under their contract for 28th Court and stating that they have not furnished us with asphalt material necessary for patching. If they wish to cancel the contract, the Engineer is authorized to re -advertise for asphalt material. Commissioner Macdonald moved, seconded by Commissioner Waddell and unanimously carried, that the Engineer be instructed to shift that portion of Bay Street, between Indian River Drive and new U.S.#1, which ison the ;property owned by Mr. C. E. Yoder, onto the county right-of-way, as requested by Mr. Yoder in letter dated March 7, 1966. Motion was made by Commissioner Haffield, seconded by Commissioner Waddell, and unanimously:'.carried that Commissioner Waddell, Hon. Merrill P. Barber, Luke Blume, and the County Engineer be authorized to attend the East Central Florida Regional Planning Council meeting March 16, at 1:30 P. M., in Titusville. Commissioner Macdonald presented a drawing showing the proposed plans for the Sebastian Inlet Park and moved that funds originally earmarked for Dale Wimbrow Park and Wabasso Island be expended on Sebastian Inlet Park. The Motion was seconded by Commissioner Waddell and unanimously carried. The County Engineer was authorized to open the road from Henry Thompson°s Fish Camp west to the cove and to have an aerator fitted to the existing well. The County Engineer presented a proposal from Dr. Ernest Bartley and Commissioner Waddell moved, seconded by Commissioner Macdonald and unanimously carried that the Board engage Dr. Bartley to prepare a zoning map, in accordance with his proposal/ from Indian River Shores, north to the Sebastian Inlet. Since we are reducing the area to be= zoned,-the.CountyEngineer was requested to contact Dr. Bartley concerning the high figure named in his proposal. FIAR 1;16G gtotc • 9 PA Cf 554 Commissioner Waddell requested retroactive approval of a meeting of the SACC executive board and the State Road Department in Tallahassee on March 3 and 4 and on Motion by Commissioner Mac- donald, seconded by Commissioner McCullers, the same was approved. The County Attorney advised the Board of an Institute presented by the Florida Bar covering Florida Taxes and Property Assessments to be held in Orlando on Saturday, March, 12. Motion was made by Commissioner Waddell, seconded by Commissioner MCCullers and carried, that the County Attorney and Commissioner Macdonald be authorized to attendLthe Institute. On Motion by Commissioner Waddell, seconded by Commissioner Haffield, and unanimously carried, Commissioner Macdonald was authorized to attend a child rehabilitation meeting in Stuart on March 10. On Motion by Commissioner McCullers, seconded by Commissioner Macdonald, the following Item to Item Transfers were approved: General Fund,A/C No. 951, Contingencies to A/C 269.2, Insurance Premiums, $5,000 and From A/C No. 951, Contingencies to A/C 564.1, Welfare Office Expense, $150.00. A request from the Property Owners' Association of Vero Beach Highlands concerning traffic signs on S.W. 20th Place between Old Dixie and Sunset Drive and the condition of the street at the corners of First Street and S. W. 20th Place were referred to the County Engineer. Motion was made by Commissioner Macdonald, seconded by Commissioner Waddell and carried, that Mr. George Stokes, Service Officer, be authorized to attend the Annual Service Officers School and Conference April 30 to May 7, Miami Beach. On Motion by Commissioner Macdonald, seconded by Commissioner Waddell, and carried, the request by the County Agent for out -of -county travel to Fort Pierce on March 10 and March 11 and to Belle Glade on March 15, was approved. MAR 5 1966 BOOK 9 PAGE 555 On Motion by Commissioner McCullers, seconded by Commissioner Waddell and unanimously carried, the appointment of Hubert Graves, Jr. as a Deputy Sheriff of Indian River County was approved. Commissioner Waddell moved, seconded by Commissioner Macdonald and unanimously carried, that Policy # 1MF 46-01-84 covering county voting machines for a term ending May 16, 1969, together with the premium bill of $455.00 be returned to the Moore Insurance Agency with the statement that this insurance was being placed with the Rudy Hubbard Agency. 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. 5164 to 5252, both inclusive; Road and Bridge Fund, Nos. 3376 to 3426 both inclusive; Fine and Forfeiture Fund Nos. 518 to 529, both in- clusive. 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 and 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 RALP• HARRIS, CLERK ROBERT W. GRAVES, CHAIRMAN MAR .9 1966 800x PAGE 55 WEDNESDAY, MARCH 23, 1966 The Board. of County Commissioner of Indian River County met in regular session on Wednesday, March 23, 1966, at the Courthouse, Vero Beach, Florida at 6:30 o'clock A. M. All members were present. Also present were County Attorney John H. Sutherland, County Engineer Edwin S. Schmucker, and Alfred H. Webber and Ruth Elliott, Deputy Clerks. At the request of. the County Judge, Motion was made by Commissioner Waddell, seconded by Commissioner Macdonald and unanimously carried, that the Clerk be authorized to transfer $1,500 from Account No. 954, Contingency Reserve -County Judge to Account No. 331, Expenses, County Judge. Commissioner Haffield moved that the Chairman and the Clerk be authorized to execute a lease -option to purchase :12.74 acres from Mr. R. S. Swing, described as the SES of the SWC, lying South of the South Relief Canal in Section 13, Township 33 S, Range 39 E, for $12,740, with the sum of $1,000 to be paid as rental for the period from now to December 15, 1966, with the option to purchase the property on or before December 15, the $1,000 to be applied to the purchase price.- Motion was seconded by Commissioner Waddell and unanimously carried. On Motion by Commissioner Haffield, seconded by Commissioner Waddell, the County Attorney was authorized to attend the zoning meeting to be held in Tampa on April 20 through 23. MAR 3196 BOOK ?,GE 557 Commissioner Macdonald reported on the meeting he attended in Salerno with representatives of Martin, St. Lucie and Okeechobee county ;: concerning the vocational adjustment department program of the physically handicapped. The program has been supported by local contributions but they are getting to the point that they can no bnger keep the program going and want to turn to over to the four counties and move to Ft. Pierce. He stated that he felt it was a very desirable institution and could grow into something that would be very beneficial to the area but cautioned that, while it was a very worthy project, it will take money, and felt the Board should very carefully weigh the merits and desirability against the costs and decide whether it would be desirable to the citizens of our county to have such a facility. Commissioner Macdonald was re- quested to arrange for someone to discuss the matter further with the Board at their next regular meeting. At the request of Mr. Thomas H. Trent, Civil Defense Director, Motion was made by Commissioner McCullers, seconded by Commissioner Waddell and unanimously carried, that Mr. Trent be authorized to purchase ten (10) uniforxnsfor the communication division of the CD organization and to pay an additional $20.00 for the extra section of the antennae tower which will make it 80 feet. These expenditures will be made from Civil Defense Funds received through the sale of surplus equipment. On Motion by Commissioner Macdonald, seconded by Commissioner Waddell and unanimously carried, the following general policy was adopted with respect to fences: A building permit is not required for any open type fence such as a chain link or a three rail board fence not more than six fee in height and shall be allowed in front, side or rear yards following the property line. A building permit is required for any type fence over six feet in height, any solid board fence, or any wall, or fence which requires a continuous type footing. A wall or solid board fence shall be allowed in the rear or side yard to the front building line. However, they shall not 'be allowed in the front yard unless specific plans are approved in MR 21 1966 BOOK F GE 558 each instance, in order to provide safety from fire, driving safety, and health and general welfare. All property owners should be advised of possible deed restrictions with respect to fences. Motion was made by Commissioner Macdonald, seconded by Commissioner Haffield and unanimously carried that the County Engineer be authorized to re -advertise for bids for a portable diesel generator since no bids were received at the last meeting; and to purchase a traffic counter for $410.00 from Streeter Amet Company. Mr. William G. Taylor, Architect, presented a plot plan sketch of the proposed addition and alterations to the Indian River County Court- house and on Motion by Commissioner Macdonald, seconded by Commissioner Waddell, the Chairman and the Clerk were authorized to sign the contract upon the approval of same by the County Attorney. Dr. Robert H. Vinson, Past President of the Indian River County Mental Health Association, spoke to the Boardregarding the efforts of the association to locate an in-patient psychiatric unit in Vero Beach in connection with the local hospital and requested the Board's support in the matter. The County Engineer stated that three property owners,Mr. Ted Duggers, Mr. Vincent Quade,-xMr.James Dresher,had requested that the County replace a wooden bridge off Ranch Road, 414 miles north of Route 60. On Motion by Commissioner Waddell, seconded by Commissioner Haffield and unanimously carried, the Engineer was authorized to construct the bridge and align it with the Sebastian River Drainage District right-of-way approximately 50 feet north of the present bridge location with the county providing the labor and the interested property owners providing the cost of the material, the money to be put up before construction begins. On Motion by Commissioner Waddell, seconded by Commissioner Mc - Cullers, the following Resolution was unanimously adopted: YAR 2? 196S $OOK 9 ?ACE 559 (»/l RESOLUTION WHEREAS, Indian River County desires to immediately purchase rights of way for a new approach to the Wabasso Bridge from U. S. #1 to the Indian River; and WHEREAS, it has been deemed necessary to request a $500,000 loan under the Secondary Trust Fund by resolution dated September 22, 1965; and WHEREAS, the listing of roads for this bond program has been delayed due to insufficient information; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, in regular session on this the 23rd day of March, A. D. 1966, that this Board does hereby respectfully request the State Road Department to expend existing Secondary Road Monies for the purchase of rights of way for the new approach to the Wabasso Bridge, and when and if the Secondary Trust Fund loan is secured, then a reimbursement to the Secondary Road Monies from the Loan Program can be made; BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the State Road Department, Fort Lauderdale, Florida. Motion was made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried that the Beverage Department be notified that the following applications conform to the zoning regulations of the county: Keens Grocery, Beer and wine, package sales only and Calhoun's Grocery, Winter Beach, beer, package sales only, license. vAR BOOK g PAGE 580 The County Engineer reported that Dr. Ernest R. Bartley has submitted an amended proposal dated March 14, 1966 and on Motion by Commissioner Macdonald, seconded by Commissioner Waddell, and unanimously carried, the following proposal was adopted: ERNEST R. RAR.TLEYY, A.L.P. CONSULTANT - URBAN PLANNING AND ZONING 1050 SOUTHWEST 11TH STREET GAINESVILLE. FLORIDA 32601 TELEPHONES: (AREA 904) HOME: 372-8006 UNIVERSITY: 376.3261 Exxr. 2910 OR 2904 Mr. Edwin Simon Schmucker County Engineer Room 114 Court House Vero Beach, Florida Dear Ed: 14 March 1966 PROFESSOR OF POLITICAL SCIENCE UNIVERSITY OF FLORIDA I appreciated your calling me this morning and telling me that the County Commission has approved my proposal of 8 March 1966 with modifications. You have asked me to submit an amended proposal which the County Commission could specifically approve. Please excuse the repetition in the material that follows. I think that it is necessary so that all concerned will know precisely what is involved and will have approved a specific proposal. I will prepare a generalized proposed land use plan for the area of the beaches commencing at the north city limits of Indian River Shore and extending north to the Sebastian Inlet. I will prepare a suggested set of zoning regulations and a proposed zoning map for the same area. A short written report stating the principles upon which the plan and proposed regulations are prepared and further explaining the plan and proposed regulations will be appended. Exactly what form the proposed zoning regulations would take would, of course, depend upon the result of our work and research. If a Cronar or Milar photo positive of suitable scale is furnished to us, we will submit, as a part of the contract, a reproducible proposed land use map and a reproducible proposed zoning map. If only maps of suitable scale, not Cronar or Milar, are furnished to us, we will submit one copy of a proposed land use map and one copy of a proposed zoning map in color. We will, in either case, submit 25 copies of the short written report as a part of the contract. For the purpose of this contract, I would associate with me Mr. Dan Abernethy of Auburndale, Florida. Mr. Abernethy is an associate BOOK 9 ?ASE 561 MAR 21 "1966 Mr. Edwin Simon Schmucker. Page 2 14 March 1966 member of the American Institute of Planners and a member of the Association of Landscape Architects. He has had extensive planning experience. He is presently a private consultant in the planning field. He was, for several years, a zoning administrator. and build- ing inspector in the State of Georgia. He is an imaginative person and does beautiful graphic work. Should Indian River County see fit to contract with us on this operation, the County would have to furnish us with a number of different items. Some of these are presently available, I am sure. Others could be secured from the East Central Florida Regional Planning Council. In any event, as a part of the contract, Indian River County should furnish the following, without cost to us; 1. A copy of the present Indian River County Zoning Resolution and access to maps showing present zoning. 2. A base map or maps of suitable scale covering the area of the beaches from the Sebastian Inlet south to the north city limits of Indian River Shores. As noted above, this map or maps would have to be a Cronar or Milar photo positive if we are to make reproducibles. If, in the judgment of the County, reproducibles are not required, then the County should furnish us with suffi- cient copies of maps of suitable scale so that we may have both work maps and two maps on which we can give our final recommenda- tions. 3. A map of present bulkhead lines. 3. U.S. Coast and Geodetic survey maps of the area. 5. Aerial photos of the area. 6. A recent ownership map or maps of the area. As I indicated to you in our conversation last Thursday, I do not contract with a county or city for a single specific sum to perform planning functions. I give a low and a high figure. I outline the method of charging within those limits and the method of billing. Book 9 mcc 582 0 Mr. Edwin Simon Schmucker Page 3 14 March 1966 Giving a high and a..low figure, I have found from experience, is more fair to both the county and to myself. I will contract with Indian River County to perform the services indicated above for a low figure of $2,200.00 and a high figure of $3,600.00. Mr. Abernethy`s time will be charged at $100.00 per day and expenses. My time will be charged at $150.00 per day and expenses. Expenses include personal expenses such as automobile mileage, lodging, and meals. Other expenses include any maps or supplies that we might have to purchase and similar items. The County would be billed. monthly. A detailed invoice would be submitted showing days and times worked, trips made, actual costs of lodging and expenses, etc. The figures shown above will include the work outlined and will include three trips by me to Vero Beach to explain the plan as - proposed to public officials and the general citizenry. If additional trips are required over the number of three, such trips will be billed on the basis shown above as an addition to the estimated price above, if they fall above the high amount of $3,600.00. I am enclosing a couple of extra copies of this letter. If the County should find my proposal satisfactory, I would suggest that the Chairman of the Board of County Commissioners sign one of the carbons as approved and return it to me for my files. As I mentioned to you on the phone this morning, the majority of the cost in a project like this, where an area is undeveloped as ' this one is, bears little relationship to the total amount of area involved. Preparing the text of a resolution for this area would cost the same whether Indian River Shores were involved or not. Differences in cost between the original proposal and this one would result primarily from the lesser area to be covered by Boa% 9 PMI 5 3 Mr. Edwin Simon Schmucker Page 4 14 March 1966 graphic materials. The cost of preparing a proposed land use plan map would be somewhat less for the smaller area. I hope this proves satisfactory. I will look forward to hearing from you. With best personal regards, I am Sincerely yours, ERNEST R. BARTLEY, AIP Professor of Political Science and Planning Consultant ERB:jm Enclosures MAR231 BOOK 9 PACE 564 The County Engineer presented the following Resolution for the construction. and building of a bridge over the fork of the Sebastian River on SR 512 and on Motion by Commissioner Waddell, seconded by Commissioner McCullers the following Resolution was unanimously adopted: WHEREAS,the State Road Department of Florida has authorized and requested INDIAN RIVER County to furnish the necessary rights of way, borrow pits and ease- ments for that portion of Section 88010, State Road 512, extending from a point in the Southwest of Section 22, Township 31 South, Range 38 East, Northeasterly to a point in the Southwest 4 of Section 13, Township 31 South, Range 38 East, which has been surveyed and located by the State Road Department as shown by a map on file in the office of the Clerk of the Circuit Court of said County, and in the office of the said Department at Tallahassee, and 1rWHEREAS, the said Department will not begin construction of said portion of said Section in said County until title to all land necessary for said portion of said Section has been conveyed to or vested in said State by said County, and said lands are physically cleared of all occupants, tenants, fences, buildings and/or other structures and improvements upon or encroaching within the limits of the land required for said portion of said Section; and 1vHEREAS, the said County is financially unable at this time to provide the necessary funds to acquire said rights of way, borrow pits and easements; now there- fore, be it RESOLVED, that the State Road Department of Florida be and it is hereby re- quested to pay for the rights of way, borrow pits and easements for said road, in- cluding the removal of buildings, fences and other structures and improvements there- on, and for other expenses of acquiring title to said rights of way, borrow pits and easements by purchase or condemnation, from proceeds of Florida State Development Commission bonds or secondary gasoline tax funds (Section 16, Article IX, of the Florida Constitution, Chapter 26321, Laws of Florida, Extraordinary Session, 194.9), whichever is available, under conditions set forth in the contract, of which this resolution forms a part; and be it further RESOLVED, that said 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 lands necessary for said portion of said Section, and deliver to the State Road Department said lands physically clear of all occupants, tneants, fences, buildings and/or other structures and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section and that the Chariman and the Clerk of this Board be and they are hereby authorized and directed 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 and directed to proceed to take the necessary steps for the County to acquire in the name of said County by donation, purchase, or condemnation said rights of way, borrow pits and easements for said portion of said Section, and to prepare in the name of said County by its County Commissioners all condemnation papers, affidavits and pleadings, and prosecute all condemnation proceedings to judgment; and furnish to the Department the abstract search provided for in said Contract. STATE OF FLORIDA ) COUNTY OF IND' N RIVED I HEREBY CERTIFY that the foregoing is passed by the Board of County Commissioners meeting held the 23rdday of March Commissioners minutes. IN 'WITNESS 'WHEREOF, I hereunto set my of March , A. D. 19 66. (SEAL) a true and c: xrbct:copy of resolution of INDTI:N ' v:} County, Florida, at A ;;4 LR, 6e and recorded in the r haffil4.1 offzga1 O',Athis: 23 ,;;w: day r•• PAGE CLERK O .:.THE- BOATED' OF UNTY CO�t�UISS NERS BOOK 9 .+GE cs5a �u OF 1.NDI N" Alvi ^.z 6i'ir'Y, FLORIDA MAP 9 lfgF6 Commissioner Macdonald moved that the County Engineer be authorized to inform property owners when obtaining rights -of way,that,in the past, it has been the policy on realignment of roads to vacate any interest the County may have to the adjoining property owners in exchange for the right-of-way, provided that no person is deprived .of access to his property by that action. Motion was seconded by Commissioner Waddell and unanimously carried. On Motion by Commissioner Macdonald, seconded by Commissioner Waddell and carried,State Witness Payrolls dated November 1, 1965, December 13, 1965, December 20, 1965, and undated witness payroll before the Juvenile Judge in the amount of $5.50 were approved. Motion was made by Commissioner Waddell, seconded by Commissioner McCullers and unanimously carried that the appointment of Hubert E. Brooms as a Deputy Sheriff of Indian River County be approved. Motion was made by Commissioner McCullers, seconded by Commissioner Haffield and unanimously carried that the County Agricultural Agent, Forrest McCullars, be authorized to purchase one four -drawer legal file from O'Haire's Office Equipment for $68.75 less 10% discount. On Motion by Commissioner Waddell, seconded. by Commissioner Haffield and unanimously carried, the following purchases requested by the Clerk were authorized: paper cutter and trimmer for Official Record Books, $41.00; two -two -drawer legal files with locks from Morte's, $111.00 and two two -drawer legal files without locks from O'Haire's Office Equipment, $105.03. The Clerk was also authorized to have a small addition to the clerk's desk and a storage cabinet,with lock,made in the Circuit Courtrbom:7for storing exhibits admitted during trials. Commissioner Waddell moved that the following Petition be received and filed and that a Notice of a public hearing on the Petition be published to be held on April 20, 1966, at 9:00 o'clock A. M. Motion was seconded by Commissioner Haffield and unanimously carried. MAR 21 19E6 BOOK 9 PACE 56 PETITION The Board of County Commissioners of Indian River County, Florida Vero Beach, Florida Gentlemen: The undersigned, Chas. E. Smith, of Heath & Smith, Attorneys for Petitioner, S. R. SMITH & SONS, INC. , a Florida corporation, does herewith petition you to adopt a resolution closing, vacating and abolishing the public roads, streets and rights of way located on the plat of Eucalyptus Place Subdivision, Unit No. 2, as recorded in Plat Book 5, page 73, Indian River County public records, as it pertains to the following described property situated in Indian River County, Florida: The North 25 feet and the South 25 feet of the right of way of 24th Street lying West of the Western boundary line of 54th Avenue as shown on the Plat of Eucalyptus Place Sub- division, Unit No. 2, as recorded in Plat Book 5, page 73, public records of Indian River County, Florida; and requests said Board to renounce and disclaim any rights of the said County and the public in and to the above described public roads, streets and rights of way as delineated on said recorded plat. The Petitioner, S. R. SMITH & SONS, INC. , a Florida corporation, is the owner of the property adjoining the above property sought to be aban- doned and the said property sought to be abandoned is not a State or Federal Highway. Sincerely, Chas. E. Smith Of Heath & Smith 2205 - 14th Avenue Vero Beach, Florida BOOK 9 PAGE 567 Heath & Smith, Attorneys At Law, Vero Beach, Florida Mr: Alfred Webber presented a Notice from the Trustees of the Internal Improvement Fund of an application made by Lloyd & Associates on behalf of Charles W. Eastman for the purchase of a parcel of submerged land in the Indian River in Section 33, Township 30 South, Range 39 East, Indian River County, lying westerly of and abutting Lot 23 of Ambersand Beach Subdivision No. 2. No objections were expressed. Mr. Roland Miller of Roland Miller Chevrolet Company appeared before the Board and stated that there was a $1,000 error in the bid submitted on Item No. 4, tractor truck unit for existing lowboy trailer, which, was opened at the last meeting of the Board. The Engineer stated that the truck does not meet specifications. No further action was taken at this time pending further investigation of the matter. 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 5253 to 5289, both inclusive; Road and Bridge Fund, Nos. 3427 to 3452, both inclusive; and Fine and Forfeiture Fund, 530 and 531. Such bills and accounts being on file in the office of the Clerk of the Circuit Court, the warrants so issued from the reppective funds being listed in the Sup- plemental Minute Book and 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 then adjourned. ATTEST: RA ROBERT W. GRAVES, CHAIRMAN p .',1); e7' 9' '11:i.i . BOOM 9 PACE 5 8