HomeMy WebLinkAbout4/20/1966WEDNESDAY, APRIL 20, 1966
The Board of County Commissioners of Indian River County
met in regular session at the Courthouse, Vero Beach, Florida, on
Wednesday, April 20, 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:
Mrs. Gladys Vigliano, County Welfare Worker, reminded
the Board that she will be without storage space when the Klingensmith
Building is removed.
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 ___ - y ' STA." —
in the
fished in said newspaper in the issues of
Court, was pub -
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 continuously published,qn:safd;lndian River County, Florida, weekly and has been entered
as second class mail matter.at,the=postoffice in Vero Beach, in said Indian River County, Florida
for a period of oneyear. next, preceeding the first publication of the attached copy of adver-
tisement; and affiant.. fur er,%ays that`,he• has neither paid nor promised any person, firm or
corporation any d�is�s,. ►ebate,^tA(nrriission or refund for the purpose of securing this adver-
tisement for .pubt, ation. n.the sajd newspaper.
.r♦,..... /1"'r .. ,
Swom to and�srlbeciibec1 J efare.;mo this, - "' day of U 1
•
GI ± ♦ A. D Co
usiness Manager)
(SEAL)
♦of,t?i
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fL is 1 't � 1
cult, Cou
an River County, Florida)
NOTICE
NOTICE , IS HEREBY • GIVEN
that S. R. SMITH & SONS', INC.,
a Florida corporation, by and
through its attorney, Chas. E.
Smith, of Heath & Smith, has filed
a Petition with the Board of Coun-
ty 'Commissioners of Indian River
County, Florida, requesting said
Board to adopt a resolution clos-
ing, vacating and abolishing the
public roads, streets and rights of
way located on the plat of
EUCALYPTUS PLACE SUBDI-
VISION, UNIT NO. 2, as recorded
in Plat Book 5, page 73, Indian
River County public records, as it
pertains to the following described
land 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 Subdivision,
Unit No. 2, as recorded in Plat
Book 5, page 73, public records
of Indian River County Florida:
and requesting said Board to re-
nounce and disclaim any right of
said County for the public in and
to the above described public
roads, street and rights of way as
delineated on said recorded plat.
Said Board will hold a public
hearing thereon at 9:00 o'clock
A. M. on the 20th day of April,
1966, in the offices of said Board,
Indian River County Courthouse,
Vero Beach, Florida.
Persons interested may appear
and be heard at that time.
BOARD OF COUNTY COM-
MISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA
By: RALPH HARRIS,. Clerk
Heath & Smith
Vero Beach, Florida
March 31, 1966.
-The County Attorney read, the foregoing Notice and the
Chairman asked if anyone present wished to be heard. Attorney Charles
G'
ADP PO 1966
BOOK 9 RAGE 579
.06
Smith, representing S. R. Smith & Sons, stated that 24th Street
was a dead-end street, dedicated but never used. Mr. Joe Culpepper
and Mr. Ray Prescott, property owners in Eucalyptus Place Unit No. 2,
were present and stated that they had no objections to the closing of
the street but did object to the drainage problems which would arise
unless proper drainage was provided. Commissioner Waddell moved,
seconded by Commissioner McCullers and unanimously carried, that this
matter be tabled until May 25, 1966, at 9:00 o'clock A. M., and that
the Engineer be requested to make recommendations and cost estimates
on the drainage problems at that time.
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 214-114 _ ( — (_)
in the Court, was pub-
lished in said newspaper in the issues of t-�
(mss 1 1
Yo ,I"ggf'a
Affiant further says tltathc�•.artj Veto Beach Press Journal is a newspaper published at
Vero Beach, in :satdylndtan •:Rtv€r.. Corinty, and that the said newspaper has heretofore
been continuous!y1ii,(i1}'iik¢0n1t.iidian River County, Florida, weekly and has been entered
as second class M4411,?ttar4t1,S%,Jt"pgstoffice in -.Vero Beach, in said Indian River County, Florida
for a period-gfi' e!year, e>�t-pr4oeeding`the first,,publication of the attached copy of adver-
tisement;-ar5d Offs tV'�urtt r Lays that;,: he has neither paid nor promised any person, firm or
corporation any 2fiegi, r(tYfabatt ccrnmission oar. efund for the purpose of securing this adver-
tisement°for p`ubii tiogr�`iiithe s i4 newspaper-..
Sworn tpr�d"sv�i@dtfo�e thin •? day of_�!
(SEAL)
By' ness Manager)
101011r •
.it Court, I - .fan River ounty, Florida)
PUBLIC 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 9:15 o'clock A. M.
on Wednesday. April 20, 3966, 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, Florida,
for sale to said County the follow-
ing described personal property:
One (1) New 4 -cycle Diesel
Engine and AC Generator, as
set forth in specifications.
Bid forms and detailed specifi-
cations may be obtained upon ap-
plications to the County Engineer's
Office, Room 114, Courthouse, Vero
Beach, Florida.
All bids shall be in envelope se-
curely sealed, and marked on .the
outside, "Bid ft,- one (1) new 4 -
cycle Diesel Engine and AC Gen-
erator, open date April 20, 1966."
This 21st day of March, 1966.
BOARD OF COUNTY COM-
MISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA
By: Robert W. Graves,
Chairman
March 31, April 6, 1966.
The Chairman read the foregoing Notice and bids were
received and opened as follows:
M. D. Moody & Sons $973.00
Motion was made by Commissioner Macdonald, seconded by Com-
missioner Haffield and unanimously carried that the bid received from
•
M. D. Moody & Sons, be accepted, subject to the County Engineer's
certification that it meets bid specifications.
On Motion by Commissioner Waddell, seconded by_Commissioner
McCullers, the following Resolution was unanimously adopted:
RESOLUTION
No. 66-17
WHEREAS, under Chapter 57-1412, Special Acts of 1957, the
Board of County Commissioners of Indian River County, Florida was
duly authorized and empowered by Resolution adopted without public
notice or hearing, to vacate and abandon and to relinquish and dis-
claim the rights of the public acquired by dedication or otherwise
to any and all right-of-way easements and alleys, either conveyed
to said County or dedicated by Plat or by deed recorded in said
County; and
WHEREAS, Tropicolony, Inc. has conveyed to Indian River County
for road right-of-way purposes by Road Right -of -Way Deed recorded in
Official Record Book 80, page 204, the hereinafter described property,
to -wit:
The North 30 feet of Tract 8, Section 9, Township 33 South,
Range 39 East, according to the last general plat of lands of
the Indian River Farms Company filed in the office of the
Clerk of the Circuit Court of St. Lucie County, Florida, in
Plat Book 2, page 25;
EXCEPTING, HOWEVER, any part of the above described
property lying within the following described parcel:
Beginning at the Northeast corner of Tract 8, as above de-
scribed, thence run West 193 feet; thence run South 127 feet;
thence run Easterly to a point on the East line of said Tract
8, which point is 124 feet South of the point of beginning;
thence run North to point of beginning; all of said land lying
and beingin Indian. River County, Florida.
and
WHEREAS, said right-of-way deed made a provision that in the
event the above described property shall not be used as a public
road within 20 years from the date of this deed,(namely, September
9, 1959,) then in that event upon the expiration of that period, the
easement and right-of-way shall cease and determine; and
WHEREAS, the Board of County Commissioners of Indian River
County has determined it would not be necessary or desirable to have
a road on that location; and
WHEREAS, Tropicolony, Inc. has also conveyed a drainage easement
APR .20 °''56
�W
BOOK PAIS 5R1
Page 2
over the above described property to Indian River County recorded
in Official Record Book 206, page 628; and
WHEREAS, said Board has further determined that it does not
need the entire drainage easement conveyed with the above deed and
desires to retain only the Northerly 12 feet of the above described
property; and
WHEREAS, the Board of County Commissioners of Indian River
County, Florida has determined of its motion that it should vacate
and abandon the road contained in the above right-of-way deed which
has never been opened and of which no use is being made for that
purpose and to further vacate and abandon all of the drainage ease-
ment contained in Official Record Book 206, page 628, except the
Northerly 12 feet of said easement, it being the intention to retain
the Northerly 12 feet of said easement for drainage purposes as
stated in said easement; and
WHEREAS, the Board has found said property is not located in
any incorporated city or town;
WHEREAS, it appears that no notice thereof is necessary and
that the rights of adjacent parties will not be affected by said
abandonment of the road right-of-way and of the drainage easement
as above set forth and that portion being abandoned and vacated is
not required or necessary for public use 'or public purposes.
BE IT, THEREFORE, RESOLVED by the Board of County Commissioners
of Indian River County, Florida in regular session the 20th day of
April, A. D. 1966, that the road right-of-way conveyed in Official
Record Book 80, page 204, to Indian River County covering the above
described property be and the same is hereby abandoned and that all
rights or claims of the public acquired by said deed to said road
right-of-way is hereby relinquished and disclaimed.
BE IT FURTHER RESOLVED by said Board that all of that part
of the above described drainage easement lying Southerly of the
APR 20 196
BOOK 9 PAGE 582
1
Page 3
North .12 feet of said drainage easement as contained with Easement
recorded in Official Record Book 206, page 628, be and the same is
hereby abandoned and that all claims or rights of the public acquired
in and to said easement are hereby relinquished and discharged.
STATE OF FLORIDA )
ss.
COUNTY OF INDIAN RIVER )
I, RALPH HARRIS, as Clerk of the Circuit Court and ex -officio
Clerk to the Board of County Commissioners of Indian River County,
Florida, certify the foregoing to be a true copy of Resolution duly
adopted by said Board at a meeting thereof duly and regularly called
and held on the 20th day of April, A. D. 1966.
WITNESS my hand and official seal at Vero Beach, Indian River
County, Florida, this, the day of , A. D. 1966.
APR 20
-RALPH HARRIS
By
Deputy Clerk of the Circuit
Court and ex -officio Clerk
of the Board of County Com-
missioners of Indian River
County, Florida.
noK 9 PACE 5S3
Mrs. Bessie M. Titus appeared before the Board and
asked what procedure was necessary to get back a small portion
of an existing street right-of-way in Wabasso Manor Addition, Unit
No. 1. She was instructed to have her attorney check whether or
not this right-of-way has ever been abandoned and,if not, to have
her attorney file a petition for abandonment of this right-of-way.
Mr. Edward Netto presented a sketch drawing,on behalf
of Dr. A. J. Bianco, owner of Lots 9 through 15 of Vero Beach Estates,
Block 10,-exceptLot 13 which is owned by Indian River County and
stated that Dr. Bianco would like to acquire Lot 13. The Board
suggested that Dr. Bianco's attorney have an abstract brought up to
date to include Lot 13 to see what kind of title the County has to
this lot and then to contact the County Attorney.
Mr. Carl. Pierce of the Florida Forest Service appeared before
the Board and discussed the installation of camping facilities on a
portion of Wimbrow Park. Motion was made by Commissioner Macdonald,
seconded by Commissioner Haffield and unanimously carried, that the
Board indicate its intent to lease to the Florida Forest Service
approximately the Northeast 25 acres of Wimbrow Park, in the area
surrounding their tower, for camping facilities.
Mr. Thomas Nigbor appeared before the Board requesting
an interpretation of the regulations regarding a junk yard being built
on his property off North Gifford Road. He was informed that this
Board has no authority to modify the regulations and that the
regulations require that any area used fora junk yard be fenced. The
Board would have no objection to a corrugated metal fence provided --±t
is uniform, attractive and painted.
Mrs. Maxine Coleman requested that she and her husband
be allowed to build a ten -foot -square pool with screen enclosure to
raise tadpoles. The Board informed Mrs. Coleman that they have no
jurisdiction in the matter and the matter was referred to the.County.
Engineer/as head of the zoning department.
On Motion by Commissioner Macdonald, seconded by Commissioner
Waddell, the following Resolution was unanimously adopted:
APR
to 1966 666 9 PACE 584
RESOLUTION NO. 66-18
WHEREAS, the West Wabasso Progressive Civic Club, Inc., a non-
profit corporation, has been formed for the purpose of promoting and
providing for the health, safety and general welfare of the citizens
and residents of the West Wabasso area; and
WHEREAS, through the efforts of this organization property has
been donated to Indian River County by Francis L. Whitfield, as shown
in deed recorded in Official Record Book 201, page 576, Indian River
County Records; and
WHEREAS, the Board of County Commissioners of Indian River County
did enter into a lease with the West Wabasso Progressive Civic Club,
Inc. to build a park on said premises and for other public purposes;
and
WHEREAS, in order to secure adequate financing of structures
to be placed on said premises, it is necessary that the West Wabasso
Progressive Civic Club, Inc. have title to said premises; and
d WHEREAS, said club desires to construct buildings which can
be used for civic purposes including among other things places where
classes can be taught in homemaking and for other classes for the
general betterment and improvement of the citizens of that area of
Indian River County and that said property is to also be used for
park purposes by said organization; and
WHEREAS, the West Wabasso Progressive Civic Club, Inc. has
requested that said properties be conveyed to them for these purposes
for the sum of $10.00; and
WHEREAS, it appears to the Board that it would be to the best
interest of the County that this property be conveyed to West Wabasso
Progressive Civic Club, Inc. under the provisions of Chapter 125.38
of the Florida Statutes and that this Board is satisfied that said
property is not required nor necessary for County purposes; and
WHEREAS, it appears that no advertisement shall be required;
APR 20 '96S BOOK 9 PAGE 585
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Indian River County, Florida in regular session on this
20th day of April, A. D. 1966, that the request of the West Wabasso
Progressive Civic Club, Inc., a non-profit corporation, be accepted and
that this said Board does find in accordance with the requirements of
Chapter 125.38, Florida Statutes, that that certain property acquired
by Indian River County by deed recorded in Official Record Book 201,
page 675, Indian River County Records, is not required for use for
any County purposes and that the property above described is required
and necessary to be used by said non-profit corporation for park pur-
poses, for educational purposes and for the promotion of community
interest and welfare and this Board does hereby authorize the Chairman
of the Board and the Clerk of the Circuit Court to execute a deed to
said premises to the West Wabasso Progressive Civic Club, Inc., a non-
profit corporation, for the sum of $10.00.
BOOK 9 PAGE 586
Motion was made by Commissioner Waddell, seconded by
Commissioner McCullers and unanimously carried that the Beverage
Department be notified that the applications of Sam's Smoke House on
1st Street, east of Old Dixie Highway for a beer and wine, package
sales only, license and of McSurley's Package Store No. 4, North U.S.
No. 1, for a liquor, wine and beer, package sales only, license do
conform to the zoning regulations of the County. The County Engineer
was further requested to inform the Beverage Department that the
application of the Silver Slipper for a transfer of a beer and wine,
consumption on premises, license conforms with the present zoning
regulations but that the county is in the process of re -zoning this
area and request that this application be denied.
Commissioner Waddell moved that the County Engineer
be authorized to negotiate for purchase of right-of-way on Glendale
Road, west of Monroe Road, with the understanding that it will be
a while beforethe road is built. .Motion was seconded by Commissioner
McCullers and unanimously carried.
On Motion by Commissioner Macdonald, seconded by
Commissioner Waddell and unanimously carried, the following out -of -
county travel was authorized: the County Engineer and Mr. Bob Grice,
census meeting in Winter Park on May 5-67 Commissioner Waddell to
attend a State Association of County Commissioners Film Committee
meeting in Tampa on April 26; Mr. Tom Trent, Civil Defense Director,
to attend Civil Defense meeting in Orlando on May 4, and Ralph Harris,
Clerk and Alfred H. Webber, Deputy Clerk, to attend County Finance
Officer's meeting in Daytona Beach on April 27-30; and the County Agent
to attend•.a Citrus School in Gainesville on April 18-22 and a Field
Day in Fort Pierce on May 11.
Motion was made by Commissioner Waddell, seconded by
Commissioner McCullers and unanimously carried that Mr. Bob Grice be
appointed census zoner of Indian River County.
On Motion by Commissioner Waddell, seconded by Commissioner
Haffield, the following Resolution was unanimously adopted:
APP 201
•
0
aooX 9 PACE 537
RESOLUTION
NO. 66-19
WHEREAS, the State Road Department has established a road
safety construction program to remove hazardous driving conditions,
and
WHEREAS, there are four 90° curves within a one-half mile
length of a Primary road known as Fellsmere Road, SR 512, and
WHEREAS, the Police Chief of the City of Fellsmere advises
that there have been eight serious accidents in the past two years
on this section of road, and
WHEREAS, the Board of County Commissioners generally substan-
tiate the unsafe conditions of this section of road, and
WHEREAS, Indian River County has purchased 120 feet of
right of way one half mile in length which eliminates all four
curves, and
WHEREAS, the new proposed alignment has been approved by the
State Road Department, and
WHEREAS, the State Road Department has accepted the right
of way deeds for this new alignment;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County-, Florida, in regular session
on this the 20th day of April, 1966, that this Board does hereby
respectfully request the State Road Department to consider this
section of new construction in their safety program budget for
the coming year;
BE IT FURTHER RESOLVED that a copy of this resolution be
forwarded to the State Road Department, Fort Lauderdale, Florida.
Box 9 1588
APR 20 1966
On Motion by Commissioner Waddell, seconded by Commissioner Haffield,
the following Right-of-way agreement between Benvir, Inc., and the
County for North Winter Beach Road between Lateral A and Rangeline
was unanimously approved:
PROJECT No.
TIffi AGREEMENT, made and entered into this S day of Anil
A. D. 1S 66 , by and between, Benvir Sys. re, rers nted by Son Bailey
and INDIAN RIVER COUNTY, FLORIDA
WITNE SSE TH
WHEREAS, The Board of County Commissioners of INDIAN RIVER COUNTY, at a meeting
duly called and held on the 20th day of April A. D. 19 66
signified its agreement to the conditions outlined herein. -'j
NOW, THEREFORE, in consideration of the conveyance to INDIAN RIVER COUNTY of the
Right of Way described as follows:
The north 30 feet of the South 60 feet of .Tract 14,
ction 6, Township 32 South, Image 39 East, less the
West 15 acres thereo2, according to th last general
plat of lands of th«. Indian River Parte Company fil
in Plat Mock 2, page 25, in the office of the Clerk
of the Circuit C-aart of St. L a:cio County, Florida; said
land now lying and being in Indian River County, Florid_ .
INDIAN RIVER COUNTY covenants and agrees to the conditions set forth hereafter:
1 - Extend the two xicating culverts to the nqw right
of way line and reinst 11 the two existing grtes.
2 - Pay th >> sum of $750.00 for the above described
right of wry.
- Tae grantor is to remove all existing citrus trees
from the right of way and reconstruct any necessary
irrigation ditch outside of the right of way at the
gr .;tor's xpens .
IN WITNESS WHEREOF the parties hereto have caused these presents to be executed in their
respective names, on . + e date first above written,
ACCEPTED BY:
.41
r.aswtA_g..-ma eMtr�da a•.;:4�PE
ADP alp 19
INDI:AN•RIVER COUNTY
DEPARTMENT OF ROADS & -SEs
The County Engineer reported a drainage problem on 35th
Avenue between 12th Street and 14th Street in Rosedale Boulevard
Subdivision and that a drainage sketch which was recorded along with
the plat shows drainage along the rear of the lots. It was the opinion
of the Board that rather than utilize the 70° right -of way for 35th
Avenue which would tear up improvements thereon, the Engineer should
open a rear--1ot
The Chairman read a letter from the Indian River County
Farm Bureau offering to develop South Wabasso Island under the County's
• plans. The Engineer was instructed to contact the Farm Bureau, thanking
them for their offer and requesting that they appoint a committee to
work'with our parks committee to formulate plans for the park.
On Motion by Commissioner Macdonald, seconded by Commissioner
McCullers and unanimously carried, the following Item to Item transfers
were authorized:
GENERAL FUND TO FROM
690. Water Resources Survey $2,000.00
270.2 Tax Assessor's Administrative Expense $2,000.00
FINE AND FORFEITURE FUND
951. Contingencies, County $1,700.00
329.4 Miscelleanous Criminal Costs $1,700.00
Motion was made by Commissioner McCullers that the
Tax Assessor be authorized to purchase,without bids, certain aerial
photographs to be used in connection with the re -assessment program
in flew of Attorney Generals opinion 066-9, February 7, 1966. Motion
was seconded. by Commissioner Waddell and unanimously carried.
On Motion by Commissioner Macdonald, seconded by
Commissioner Waddell, the following Resolution was unanimously adopted:
BOOK 9 #'AGE 590
APR 20 IS
RESOLUTION
NO. 66-20
WHEREAS, a hospital was constructed at the New York
World's Fair entitled Atomedic Hospital; and
WHEREAS, said hospital has been sold to Dr. Kip G.
Kelso for the purpose of moving the same to Roseland, Florida, and
to be used as a hospital at that site; and
WHEREAS, there is a need and necessity for the construction
and maintenance of a hospital in Roseland in North Indian River County;
and
WHEREAS, due to the interpretation of the rules and
regulations, it is impossible to secure a permit from the State Board
of Health for the construction of the hospital; and
WHEREAS, the Board of County Commissioners of Indian
River County determine it necessary for the public health and welfare
of the citizens of this county that every effort be made to assist
in the granting of a permit for the construction of this hospital;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida, in regular session
this the 20th day of April, A. D. 1966, that the State Board of
Health of the State of Florida be respectfully requested to approve
the construction of said hospital and to grant a variance of the
State Board of Health's present rules and regulations until such
time that special legislation can be secured to make this hospital
unit conform to minimum state regulations.
BE IT FURTHER RESOLVED that a certified copy of this
Resolution be forwarded to Dr. Kelso and the the State Board of
Health, Box 210, Jacksonville, Florida.
APR 20 1
BOOK 9 PAGE 591
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. 5371 to 5406, both inclusive; Road and Bridge Fund, Nos. 3512 to
3526, both inclusive, Fine and Forfeiture Fund, Nos. 542 to 545, both
inclusive. Such bills and accounts being on file in the office of the
Clerk of the Circuit Court, the warrants so issued from the respective funds
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 then adjourned.
ATTEST
APP 20 1
BERT W. GRAVES, CHAIRMAN
BOOK 9 PAGE 592