HomeMy WebLinkAbout12/21/1966WEDNESDAY, DECEMBER 21, 1966
The Board of County Commissioners of Indian River County met in
Regular session at the Courthouse, Vero Beach, Florida, on Wednesday,
December 21, 1966 at 8:30 o'clock A. M. Present were: Robert W. Graves,
Chairman, D. B. McCullers, Vice -Chairman; and members, Donald Macdonald,
Jerre J. Haffield, and B. Q. Waddell, Jr. Also present were John H.
Sutherland, County Attorney; Jack Jennings, County Administrator, and
Alfred H. Webber and Ruth Elliott, Deputy Clerks.
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-
s
ment, being a
_ ____in the matter of
in the
Court, was pub-
lished in said newspaper in the Issues of
. 7 14- iG
Affiant further says that the said Vero Beach Press Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
second class mall matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
•
Sworn to and subscribed before me this day of ,q,®, J_ (0_1e
(SEAL)
l
:(Clerk ofd, : Circuit Court, Indian River County, Florida)
Puhtlic Notice
NOTICE
NOTICE IS HEREBY. GIVEN
, that the Board of County Commis -
r.‘ stoners of Indian River County,
Florida, will receive sealed bids
to the hour of 8:30 o'clock A. M. on
Wednesday, December 21, 1986, and
at said time publicly open the same
at a meeting of said Board to be
held in' the County Commissioners'
Room, Indian River County Court-
house, Vero Beach, Florida, for
Sale to the County the following:
1. To furnish adequate plumb-
ing facilities for concession stand
at Sebastian Inlet Park.
Plans and specifications may be
obtained at 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 reserves the right
to reject any and all bids.
All bids shall be in an envelope
securely sealed, and marked en
the outside, "Bid to furnish plumb-
ing facilities for Sebastian Inlet
Park, open date December 21, 1968."
This the 7th day of December,
1966.
BOARD OF COUNTY COM-
MISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA
By: ROBERT W. GRAVES, •
Chairman
Dec; 8, 19, 1968.
The Chairman read the foregoing Notice and bids were received
and opened as follows:
Maxwell Plumbing Company $1,225.00
Ace Plumbing Company $1,183.19
Commissioner Macdonald moved that the low bid of Ace Plumbing Company,
in the amount of $1,183.19, be accepted, subject to the approval of the
County Administrator. Motion
seconded by Commissioner McCullers and
DEC 211966 BOOK 10 PACE 121
unanimously carried.
On Motion by Commissioner Macdonald, seconded by Commissioner
McCullers, and unanimously carried, the following Bonds were approved:
For Jack U. Dritenbas, Member Board of County Commissioners, U.S.
Fidelity and Guaranty Company, as surety, in the amount of $2,000.00
For Richard P. Bogosian, Member Board of County Commissioners, U. S.
Fidelity and Guaranty Company, as surety, in the amount of $2,000.00
For C. Reed Knight, Member, Mosquito Control Board,National Surety
Corporation, as surety, in the amount of $5,000.00
Mr. Dave Langfitt presented a proposed plat of Summerplace Unit No.
Three, with the revisions as requested by the Board at the last meeting.
(December 7). On Motion by Commissioner Waddell, seconded by Commissioner
Haffield and unanimously carried, the plat was tentatively approved.
Mr. Homer C. Fletcher, Tax Assessor, requested the Board's approval,
to include in his budget the funds necessary for supplies and equipment
in order to add the zip codes to the name plates.
Upon Motion by Com-
missioner Macdonald, seconded by Commissioner McCullers and unanimously
carried, the request was approved.
Attorhey::.Char1ei V_Sullivan, representing Mr. Ragan Cline, Mr. Lennie
Suttles, and Mr. Robert Singleton, requested the Board to change the
•
distance requirement from 2500 feet to 1000 feet from' established schools
and churches to allow the sale of alcoholic beverages for consumption
off and on premises in the Wabasso colored area. He presented two
petitions signed by residents, taxpayers, voters, or businessmen in the
Wabasso Colored Community, requesting the change. Mr. Sullivan pointed out
that the residents now were driving either to Sebastian or to Gifford to
drink and this would keep them off the road. The Chairman stated that he
would like to give this some thought and consideration and get the opinion
of other people living in the area., Commissioner Macdonald felt a public
hearing should be held on the request. After further consideration and
discussion, Commissioner McCullers moved that the restriction be changed
from 2500 feet to 1000 feet in that area west of the railroad track,
running 500 feet on either side of West Wabasso Road, (State Road 510)
to Lateral A. Commissioner Waddell seconded the motion and it was carried,
DEC 211666
book 10 kui.22
with Commissioner Macdonald voting against it.
Commissioner Waddell moved, that due to a misunderstanding by this
Board that Alternate 2 did not include also Alternate 1, that the award
of the bids for the Volunteer Ambulance Squad Building taken at the last
meeting be rescinded; and that the contract be awarded to Profeta and Fred-
erick Contractors, Inc., which will include both Alternate No. 1 and
Alternate No. 2, for the total amount of $7,126.00; and that the Chairman
be. authorized to execute the Contract. Motion was seconded by Commissioner
Macdonald and unanimously carried.
On Motion by Commissioner Macdonald, seconded by Commissioner Haffield,
and unanimously carried, the following Item to Item transfer was authorized:
GENERAL FUND FROM
A/C 951. Contingencies $971.00
859. Ambulance Building and Equipment
TO
$971.00
County Attorney John H. Sutherland, notified the Board that the
pressure of his private practice made it necessary for him to tender
his resignation as County Attorney, effective as of the next meeting.
It was moved by Commissioner McCullers, seconded by Commissioner Mac-
donald and carried, that the resignation be accepted, with regret.
Commissioner Macdonald presented a suggested general development plan
of the -"Hobart property" prepared by the Florida Board of Parks and
Historic Memorials, which was viewed by the Board. Macdonald stated that
he and Mr. Jennings are working on a specific program to be presented, along
with the layout, to the State and Internal Improvement Fund with the request
for acquisition of this tract of land. He recommended this project be taken
on a ten-year development program and outlined to the Board the steps being
considered: after selective clearings it can be determined where the
access roads should be; then picnic areas around the lakes, pointing out
that they would like to keep the plans flexible to accomodate the conditions
they find in the area. He stated that the area where the golf:course is
planned will be developed at the end of the program as the golf course is
not needed right now and the area can be used for bridle paths, picnic area
until the need arises. Mr. Macdonald then presented the following letter
from the Kiwanis Club and moved that plan prepared by the Florida Board of
Parks be approved; and that the offer from the Kiwanis Club be acknowledged
NC 2 1 19FR itObX 10 pAtt 123
and accepted. Motion was seconded by'Commissioner Waddell and unanimously
carried.
Kiwanis Club of Vero Beach
MEETS EVERY THURSDAY AT 12:15
VERO BEACH, FLORIDA
Commissioner Donald MacDonald
and Members of the Board of
County Commissioners of
Indian River County
Vero Beach, Florida
Gentlemen:
December 20, 1966
The Vero Beach Kiwanis Club has adopted as its major project the
• development of a park on the property adjoining King's Highway and Hobart Rd.
which is currently owned by the Trustees of the Internal Improvement Fund.
The Kiwanis Club wholeheartedly endorses the general development plan as
set forth in the draft of a park, dated December 7, 1966, and prepared by the
Florida Board of Parks and Historic Memorials.
This letter is to advise you that the Kiwanis Club proposes to spend
approximately $2, 000.00 per year for the next five years and, in addition,
will contribute their time and manpower towards the development of this park.
We would propose to purchase picnic tables and install them at the places
indicated on this plan. In addition, we would hope to be able to construct and
build a camping site as shown on these plans and to further help and develop
the plan as our money and manpower would permit.
Other Civic Clubs have indicated a willingness to join in with us i n
working on this park and we would hope to secure their help, assistance and
money for the development of the park as outlined in the plans.
The above proposals are contingent upon the land being dedicated to
the County for public purposes.
CES/rg
Yours truly,
Chan E. Smith, President
On Motion by Commissioner Macdonald, seconded by Commissioner
McCullers and unanimously carried, the Chairman and the Clerk were
authorized to execute the following Amended Concession Agreement between
Indian River County and Henry Thompson, Licensee, for the Sebastian Inlet
Park:
DEC 2 1 1966 BOOK 10 PACE 124
AMENDED CONCESSION AGREEMENT
THIS AGREEMENT, made the 21st day of December, A. D. 1966,
between INDIAN RIVER COUNTY, by and through its Board of County
Commissioners, with offices at Vero Beach, County of Indian River,
State of Florida, hereinafter called the Board, and HENRY THOMPSON,
Post Office Box 635, Wabasso, Florida, hereinafter called the
Licensee.
WITNESSET H:
WHEREAS, the Board is the owner of a park known as Sebastian
Inlet Park, located on the south side of the Sebastian Inlet, Indian
River County, Florida, and is charged by law with the operation and
maintenance of such facilities for the use of the public for health-
ful recreation; and
WHEREAS, the Licensee desires to obtain from the Board a
license to operate in Sebastian Inlet Park the concession hereinafter
described and the Board desires to enter into an agreement with the
Licensee for the operation of the said concession.
NOW, THEREFORE, in consideration of the premises and the
mutual covenants and conditions herein contained, it is agreed by
the parties hereto as follows:
1. The Board hereby grants to the Licensee and the Licensee
hereby accepts from the Board a license to operate in said Sebastian
Inlet Park for the period herein statedand subject to all of the
terms and conditions herein contained, the following -described con-
cessions, located as follows:
Sebastian Inlet Park including concessions and
campgrounds located south of the Sebastian River
Inlet in Indian River County, Florida.
This license shall permit. the sale of meals and foodstuffs,
grocery items for campers, soft drinks, ice cream, candies, chewing
DEC 211966
to 10 patt125
gum,,cigars, cigarettes, souvenirs, sundries, bait and fishing
tackle and supplies, marine gasoline and oil, and related items,
the rental of campsites, boats, motors, floats, chairs, umbrellas,
or other beach equipment, fishing tackle and other items related
to this type of business. All of the aforesaid are permitted only
upon strict observance of any and all State Board of Health rules
and regulations, and at prices consistent with prevailing prices
in the vicinity of Vero Beach, Florida.
Any dispute between Concessionaires regarding the right to
sell any items shall be resolved by the County Engineer of Indian
14
River County, Florida, or his authorized representative, whose deci- C-
o ‘"sion shall be final.
kl
No intoxicants shall be sold on the premises, AND no pin --Q,
t ball machines, games of skill, games of chance, etc., shall be o1 t
Loz allowed on the premises, AND, in the operation, the enforcement
cy
of these rules shall be the responsibility of the Licensee.
1-2 C
2. This license shall be on a month to month basis and shall `�
°'c.
commence on the 1st day of December, A. D. 1966, and shall continue � �
a
until either party shall give the other party 30 days notice that •
di
the license is terminated.
3. The Licensee agrees to pay to the Board, as compensa-
ca. tion for this license and for the privilege of operation of the
park the sum of $100.00 per month, payable in advance on the first
of each month.
4. The Licensee agrees to keep such books of account and
records that are satisfactory to the Revenue Commissioner of the
State of Florida for collection and payment of sales tax only to
the State of Florida.
5. The Board is not responsible for the installation of
water supply, sewer or drain pipes or fixtures other than bringing
-2-
DEC 2 11966
• BOOK 10 PAGE 126
the same to the space provided previous to the granting of this
license. In addition to the license fee above mentioned, the
Licensee shall pay for all electric light power and gas used and
consumed in connection with the privilege or in connection with the
structures necessary to be erected or in existence on the premises
used for this license, and the Licensee shall use only electricity
for motive power and illumination of the saidpretnises, buildings
or spaces included in this license unless otherwise permitted in
6.616.866 6•66
writing by the Board and shall use all electric lights and power in.
strict accordance with the plans and designs designated and approved
by.the Board; the electric current for all lights and power, if•
furnished by the Board, shall be paid for by the Licensee as follows:
At cost to. the Board, electric current to be metered.
6. Should the Licensee neglect to pay any charges for
services supplied by'the Board when the same become due and payable,
then the amount of said charges shall forthwith become part of and
be added to the license fee and shall under all circumstances and
conditions be considered and be collectable as such.
7. The Licensee shall procure at his own cost and expense
such public liability insurance as will protect the Licensee, the
Board and.the People of Indian River'County.and their officers and
employees from any claims for damages to property and for personal
injuries, including deaths which may arise from the operation of
this concession by the Licensee. Copies of policies of insurance
shall be delivered to the Board with full premiums paid, before
the commencement of any operations by the Licensee. All policies
shall be subject to the approval of the Board for adequacy and
form of protection. All liability policies shall provide limits
of $100,000.00 for one person and $200,000.00 for more than one
person injured or killed in anyone accident,.and $25,000.00
.5_
DEC 11966
BOOK 10 PAGE 127
.�s•. .'f .wo
•
property damage loss.
8. This license shall be void and of no effect unless
the Licensee shall secure compensation for the bene4it of and keep
insured during the life of this contract such employees as are re-
quired to be so insured by the provisions of the Workmen's Compensa-
tion Law of the State of Florida.
9. The • Licensee assumes :.11 risk in the operation of this
license and shall be solely responsible and answerable in damages
for all accidents or injuries to person or property and hereby
covenants and agrees to indemnify and keep harmless the People of
Indian River County, Florida, and the Board and their officers and.
employees from any and all claims, suits, losses, damage orinjury
to person or property of whatsoever kind and nature, whether direct
or indirect, arising out of the operation of this license or the
carelessness, negligence or improper conduct of the Licensee or any
servant, agent or employee, which responsibility shall not be
limited 'to the insurance coverage herein provided for.
10. It is further agreed that all foodstuffs and other
articles sold under this license will be pure and of good quality
and that quality, quantity and all prices charged will be subject
to the approval of the Board. The Licensee shall maintain and
operate the concession or. business provided for in this license in
a manner satisfactory to the Board and at all times to conform with
the rules and directions of the Board and to charge,only such prices
in connection with its business and operation as shall• be approved
by the Board,
11. Unless personally operated by the Licensee only, the
Licensee agrees to employ a manager who is satisfactory to the Board
to operate this licensee If at any time the Board notifies the
Licensee that the manageris unsatisfactory, the Licensee shall
x 10 ► ix28
within forty-eight (48) hours replace him with a satisfactory
one;
12. The Licensee agrees, at the request of the Board or
its authorized representatives, and widhout the making of any
specific charges, to forthwith terminate the employment of any
employee whom the Board or such representative considers detrimental
to the best interests of the park or the public using same.
13. The Licensee covenants and agrees not to advertise in
any manner or form, on or about the premises, buildings, or spaces
licensed to him or elsewhere, or in any newspaper or otherwise,
except by means of such signs or forms of dvertising as shall be
approved by the Boards The Licensee shall not employ or use any
persons known as "hawkers", "spielers", "criers", or other noise-
makers or means of attracting attention to the Licensee's business
not approved by the Board or to the extent of creating nuisance;
or permit any intoxicated person to remain within or upon said
Licensee's space or to carry on within or upon said licensed space
any other business thanabove described.
14. The Licensee agrees to conduct and use the licensed
premises for no other purpose than herein stated and to equipthe
same at the Licensee's own cost and expense, except as follows:
(a) The Board will furnish such equipment, furniture
and furnishings as had been installed prior to execu-
tion of this agreement.
15e It is expressly understood and agreed that no part,
parcel, building, structure, equipment or space is leased to the
Licensee; that he is a Licensee and not a lessee; that the Licensee's
right to occupy the same and to operate the license hereby granted
shall continue only so long as each and all of the undertakings,
provisions, covenants, agreements, stipulations and conditions in/
this concession license contained on the Licensee's part to be per. -
*5e
D V 211966 tArtht 10 put i29
I 141110 I.1
•`.� r.L,...•.. r4.,..4. ii. :G�„2::a`s511.� a.1. °I
formed are strictly and promptly complied with.
16e All buildings, space and equipment covered by this
licenseandused by the Licensee in the conduct of this business
shall be maintained and kept in repair by the Licensee as directed
by the Board and surrendered by the Licensee to the Board at the
expiration or other termination of this License in as good condi-
tion as when received, reasonable wear and tear and damage by the
elements excepted. The Licensee shall not make any alterations in
the licensed premises without the written approval of the Board.
It is further understood and agreed that if a piece of
equipment becomes unusable by virtue of old age or from any other
reason, the Licensee will immediately replace same with a like, or
equal, piece of equipment; that piece :•f equipment as purchased by
the Licensee to become the property of the Board, if for any reason
this agreement shall be terminated.
17e The Licensee shall at all times keep the premises,
includtng.rest.rooms and bath house,covered by this license in a
clean and sanitary condition and shall cleanse, fumigate, disinfect
and deodorize the same whenever directed to do so by the Board or
its representative. All State Health Laws and State Health Depart-
ment regulations must be strictly complied with.
- 18e The Licensee agrees to dispose of all refuse and gar-
bage where and as directed by the Board.
19e The Licensee shall not use or permit the storage of any
illuminating oils, candles, oil lamps, Sturpentine, benzine, naptha
or other similar substances or explosives of any•kind, or any sub-.
stance or things prohibited in the standard policies of fire
insurance companies in the State of Florida, in any buildings
erected or to be erected on the premises.
20. It is agreed that the licensed premises may be inspected
QF1211956
tidbit 10 PacF130
• la
at any time by authorized representatives of the Board or represent-
atives of the Department of Health. The Licensee agrees that, if
notified by the Board or such representative that any part of the
licensed premises or the facilities thereof is unsatisfactory, to
remedy same at once.
21. The Licensee agrees not to use, nor suffer or permit
any person to use in any manner whatsoever, the said premises or
any part thereof of any building thereon for any illegal purpose,
or for any purpose in violation of any federal, state or municipal
law, ordinance, rule, order or regulation or of any ordinance, rule
a
or'regulation of the Board now in effector hereafter enacted or
adopted, and will protect, indemnify and forever save and keep
harmless the Board and the individual members thereof and their
agents, from and against any damage, penalty, fine, judgment, expense
or charge suffered, imposed, assessed or incurred for any violation
or breach of any law, ordinance, rule, order or regulation occasioned
by any act, neglect or omission of the Licensee, or any employee,
person or occupant for the time being of 'said premises; and in the event
of any violation, or in case the Board or its representatives shall deem
any conduct on the part of the Licensee, or of any person or occupant
for the time being of the premises or th'e said license or the opera-
tion thereof to be objectionable or improper, the Board shall have
the right and power and is hereby authorized by the Licensee so to
do, to at once declare this concession license terminated without
previous notice to the Licensee.
22. The Licensee shall procure at the Licensee's own cost
and expense all permits or licenses necessary for the legal operation
of this license.
23. The Licensee hereby waives any and all claims for compen-
sation for any and all loss or damage sustained by reason of any
- 7-
i4K 10 131
DEC 211966
• V.
a �' j 7 ..; a i.
p�.+. •w. ".� t ,;xdi . e - 7 —.,a. ,r�'....e ....aw_.•�..x _�. ,. ,. ..e: ..� �.w�...�.e. �t.r.'ae:4Yie��l
interference by any public agency or official in the operation of
this license; any such interference shall not relieve the Licensee
from any obligations hereunder.
24. The Licensee hereby expressly waives any and all claims
for compensation for any and all loss or damage sustained by reason
of any defect, deficiency or impairment of the electrical apparatus,
water supply equipment, or wires furnished for the premises hereby
granted, or by reason of any loss or impairment of light, current,
or water supply, which may occur from time to time for any cause,
or for any loss or damage sustained by the Licensee resulting from
fire, water, tornado, civil commotion or riots; and the Licensee
hereby expressly waives all rights, claims and demands and forever
releases and discharges the People of Indian River County, the Board
of County Commissioners of Indian River County, and Indian River
County, Florida, and its officers and agents from any and all
demands, claims, actions and causes of action arising from any of
the causes aforesaid,
25. Nothing herein contained shall create or be construed
as creating a co -partnership between the Board and the Licensee or
to constitute the Licensee as agent of the Board.
26, It is expressly understood and agreed by and between
the parties hereto that the members constituting the Board of County
Commissioners of Indian River County, Florida, and its officers and
agents are acting in a representative capacity and not for their own
benefit, and that neither the Licensee nor any occupant shall have
any claim against them or any of them as individuals in any event
whatsoever.
27. As to the obligation of the 'Board under the provigions
of this agreement, the same shall be deemed executory only to....the
extent of the moneys available therefor,'and no liability shall be
DEC 211966
BOOK 10 PAGE I32
•
.-s
incurred by the Board beyond the moneys available for the purpose.
28. The Licensee agrees not to assign, transfer, convey,
sublet, or otherwise dispose of this contract or of his right, title,
or interest therein, or his power to execute such contract, to any
other person, company or corporation without the previous consent
in writing of the Board.
29. All notices and orders given to the Licensee may be
served by mailing same to the Licensee at the address hereinbefore
set forth or by delivering a copy thereof to the Licensee in person,
or by leaving it at his place of business in the park with any person
then in charge of the same, or by posting the same in a conspicuous
place upon the outside of any building or other structure occupied
by the Licensee under this agreement.
30. This agreement may be modified, canceled or extended
by agreement in writing, executed by the'parties hereto but no such
modification, cancellation or extension shall be effective until so
executed and approved.
31. It is expressly agreed that the Board shall have a
continuing lien on all personal property' of the Licensee which may
be on the premises for any and all sums which may from time to time
become and be due to the Board under the terms of this agreement,
and upon default of payment by the Licensee the Board has the right
to take possession. of: and retain the same until the full amount due
shall be paid, or to. sell the same at public auction, and, after de-
ducting the expenses of such sale, apply the balance of the proceeds
to such payment, and if there -should be any deficiency, to resort to
any legal remedy.
32. The Licensee agrees not to remove from said park any n
personal property brought thereon by the.Licensee for the purpose
of this license except with the express permission of the Board.
- 9-
CFC211966
BOOK 10 PAGE x.33
Upon the expiration of ehe term herein, if the Licensee has made
full'payment under this license and carried out the terms of this
agreement, he may remove his personal property from the park and
shall do so within two weeks after the end of the term herein stated
and on failure to do so, the Board, by its officers and agent, may
cause the same to be removed and stored at the cost and expense of
the Licensee and'the::Board shall have a lien thereon in the amount
of the cost and expense of such removal and storage until paid and
may sell such personal property and reimburse itself for such cost
and expense plus the expense of sale.
33e If the Licensee shall fail to make payments .to the Board
in accordance with the terms of this agreement or shall fail or
refuse to carry out the terms thereof, then the Board may cancel
this agreement upon 30 days' notice served as stated in paragraph
29 of this agreement, and upon such termination the Board shall have
the right to enter the premises occupied by the Licensee, by force
or otherwise, and take full possession thereof, and close the premises
for such time as it may deem proper, or, at the Board's optio.n.,_.,may,
remove therefrom the property and effects'of the Licensee, and, with
or without legal process, expel, oust and'remove all parties who may
re
be present upon or occupy said premises ot any part thereof, and all
personal property that may be therein or therein contained, without
being liable to prosecution, damage or damages therefor, .or for any
damage or damages to, or loss of any personal property belonging to
any party upon or' occupying said premises or any part thereof from
any cause whatsoever by reason of such removal, and the Licensee
expressly waives any and all.claims for damages and loss against
the People of Indian River County or the Board, their officers and
agents, for or on account of any act done or caused to be done in
exercising this right; and the Board shall have ,the right to sell
-10-
DEC 2 1 1966.
10
DEC211966
BOOK 10 PAGE I34
the said personal property so seized or removed and recover by such
sale or legal process any and all sums due to the Board under the
terms of this agreement, plus the costs and expenses incurred under
the terms of this agreement.
34. The Licensee agrees to operate this business on a con-
tinuous daily basis throughout the year unless modified by the
Board. The Licensee further agrees to operate this business on the
holidays and weekends throughout the year. The Licensee reserves the
right to refuse service to undesirable patrons.
35. The Board does hereby reserve the right to cancel this
lease at any time upon thirty (30) days notice served as stated in
Paragraph No. 29 of this agreement, and in the event that this right
is exercised, the Board shall have the right to enter and take posses-
sion of said property as set forth in Paragraph No. 33 of this agreement.
36. The parties hereto agree that the concession agreement
dated November 23, 1966, is hereby cancelled and Ole same is null and
void.
IN WITNESS WHEREOF, the Board has caused these presents to be
executed in its name by its Board of County Commissioners, acting by the
Chairman, attested by its Clerk, and its seal hereto affixed, and the
Licensee does hereby cause these presents to be executed by affixing his
hand and seal, in duplicate, either of which may be considered an origi-
nal.
INDIAN RIVER CO
Signed, sealed and delivered B�
in the presence of:
-11-
ROBERT W. GRAVES, Chairman,
Board of County Commis,sioems
Attest RALPH HARRtSv.3.E:.
SON
DEC 2 11966
• . J, T
P ..
�� ` '/G�ISc✓d�l'.�I•-.� 7.••• Z:1,',
P rte. '.
f
n n
j✓o�(lea . v ' l)
oNV
(SEAL)
(LICENSEE)
BOOK 10 PACE 135
Mr. John Beidler, Director of the Indian River Mosquito Control
District presented the following request on behalf of the District: In
order to eliminate existing mosquito breeding areas or the creation of new
mosquito breeding situations within or near proposed subdivisions, the
Mosquito Control District requests the privilege of reviewing all future
subdivision plats in regards to the drainage of the proposed development
as well as that of the surrounding area prior to tentative approval being
granted by the County. After discussion, Commissioner Waddell moved.
that.the County::Engineer be instructed that, when a subdivision plat is sub-
titted-to'hitmfor tentative approvalk he shall give the Mosquito Control
District not more than two weeks to offer any objections to drainage
problems that they might envision in the subdivision plans. The Motion
was seconded by Commissioner McCullers and unanimously carried.
Mr. Jimmy Walker, Chairman of the Building Code Committee, reported
that the Committee is using the Southern Standard Building Code as a
basis for their work in establishing a building code for the County, and
that the Committee has considered a proposal that the County join the
Southern -Building Code Congress, and has unanimously recommended that
this be done. Commissioner Waddell questioned if the County would be
covenanting with the Congress to enforce the Southern Standard Building
Code in the County and, after reading the proposal, found that this was not
the case. Mr. Wacker pointed out that copies of the Code could be purchased
at a reduced rate if the County were a member and also that the association
would send help, free of charge, if needed.
Commissioner.. McCullers;:
Pnoved .thsj the.._ CountyHjoi.n ,the Southern-Bui].ding .Code, -:Congress:-. -Seconded
by Commissioner Macdonald and unanimously carried.
DEC 211966 BOOK 10 PACE I36
Miss Mary Lou Durrance appeared before the Board and requested that
a laundry tub be installed in the room occupied by.the Loan Closet (Home
Nursing of IRC) at the Welfare Building, pointing out that this is needed
to sterilize some of the equipment that comes back. The Chairman then
opened the following proposals: Hammill Plumbing Co., $139.00; Ace Plumbing
Company, $100.00. Commissioner Macdonald moved that the proposal of
Ace Plumbing Company be accepted, subject to the Administrator's approval;
and further, if the Administrator finds that this proposal is not suitable,
that the bid of Hamill Plumbing Company be accepted. The Motion was
seconded by Commissioner McCullers and unanimously carried.
Commissioner McCullers, on behalf of the Board, then presented to
Commissioner Waddell,a plaque in recognition and appreciation of his
service on the Board.
Mr. Jennings reported that the Zoning Board has made its tentative
recommendations to this Board that public hearings be held on the
following:. -1) a request by H. S. L. Corporation of Fort Lauderdale that
approximately fifteen acres in Tract 8, Sec. 3, Twp 33S, Rge 38 E (inter-.
section of Road 60 and proposed 1-95) be changed from R-1 Single Family
District to Cl Commercial District; 2) a request by Mr. David Langfitt
that approximately ten acres in Government Lot 5, Section 23, Twp 31S, Rge
39E, be changed from R1 Single Family District to CiA Restricted Commercial
District; and 3) that the zoning resolution be amended by adding the
following sentence to Section 2, paragraph 9: "The 600 square foot floor
living area requirement for a single family dwelling does not apply to
trailers"®. Commissioner Waddell moved that a public hearing be held
on the above requests. Motion seconded by Commissioner Haffieid and un-
animously carried.
Mr. Jennings then brought up the request from General Development
Corporation regarding the agreement of extending the performance Bond in
Vero Beach Highlands, Unit 2, stating that he has inspected the property,
checked the roads out and find the bond to be in order. The County Attorney
stated that he t,as not prepared to make any recommendation and the matter
was tabled until the next meeting of the Board.
DEC 2 BOOK 10 PAGE 137
Mr. Jennings presented the right-of-way contract between the State
Road Department and Indian River County for Old. Dixie Highway extending
from State Road S-612 Northwesterly to 19th Street in Vero Beach and on
Motion by Commissioner Waddell, seconded by Commissioner Macdonald, the
following Resolution was unanimously adopted:
i
1 .....
COUNTY C0MMISSIONERS.RESOLUTION NO. 66-53
On motion of Commissioner Waddell , seconded by Commissioner Macdonald
the following resolution was adopted:
WHEREAS, .the State Road Department of Florida has authorized and re-
quested Indian Rive"ounty to furnish the necessary rights of way, borrow
pits and easements for that portion of Section 88030, State Road 603,
extending from State Road 8--612 Northwesterly to 19th Street in Vero
Beach,
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
WHEREAS, 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 encroach-
ing within the limits of :the land required for said portion of said Section;
and
WHEREAS, 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 therefore, be it
RESOLVED, that the State Road Department of Florida be and it is hereby
requested to pay for the rights of way, borrow pits and easements for said
road, including the removal of buildings, fences and other structures and
improvements thereon, ani for other expenses of acquiring title to said
rights of way, borrow pits and easements by purchase or condemnation, from
proceeds of Florida Stata Development Commission bonds or secondary gasoline
tax funds (Section 16, A•ticle IX, of the Florida Constitution, Chapter 26321,
Laws. of Florida, Extraorlinary Session, 1949), whichever is available, under
conditions set forth in .he contract, of which this resolution forms a part;
and be it further
RESOLVED, that said lounty, through its Board of County Commissioners,
comply with the request o' said Department and procure, convey or vest in said
State the free, clear and unencwnbered title to all lands necessary for said
portion of said Section, eid deliver to the State Road•Department said lands
physically clear of all ocupants, tenants, fences, buildings and/or other
structures and improvement; situate upon or encroaching within the limits of
the lands required for sail portion of said Section and that the Chairman and
thy -Clerk of this Board beand they are hereby authorized and directed to
execute and deliver on behe.f of said County to said Department the Contract
in the form hereto attached and be it further
RESOLVED, that the att4 ney for this Board be, and he is hereby authorized
and directed to proceed to tike the necessary steps for the County to acquire
in the name of said County b; donation, purchase, or condemnation said rights
of way, borrow pits and easerents for said portion of said Section, and to
prepare. in the name of said County by its County Commicrioners all condemnation
papers, affidavits and p1eadilgs, and prosecute all condemnation proceedings
to judgment; and furnish to the Department the abstract search provided for in
said Contract.
DEC 211966 .BOOK 10 ma 138
After a discussion regarding the enforcement of the zoning requirement
that a permit is required when moving a building, Commissioner Macdonald
moved, seconded by Commissioner Haffild and carried, that the Administrator
is requested to send a letter to all house movers in the area, advising
them of the necessity of securing a permit before moving any house or
structure from one point to another within the County. The Administrator
was requested to send a. copy of the letter to the Sheriff, the City police
Department and the public utility companies.
Commissioner Waddell moved that the Beverage Department be informed
that the following applications conform to the Zoning Regulations of
the County:
1. Application by Maxine Coleman for a beer and wine, package sales
only,license, 33rd Avenue, in Gifford.
2. Application of Sophia Siano, Sunrise Restaurant, U.S. #l, north
of Wabasso, for a beer and wine, consumption on premises, license.
Motion was seconded by Commissioner McCullers and unanimously carried.
In regard to the application for a beverage license requested by
Attorney Charles Sullivan on behalf of his clients in the West Wabasso
Road area, Mr. Jennings reported that a formal application has not been
received from Mr. Sullivan and that the application was verbal over the
telephone. After a general discussion on this matter, Commissioner
Waddell moved that when an application fora beverage license is
received in the Administrator's office, and the physical facts regarding
the Zoning Regulations have been checked, that the Administrator is
authorized to notify the Beverage Department that the application does
conform or does not conform to the Zoning Regulations of the County. The
Motion was seconded by Commissioner Macdonald and unanimously carried.
It was brought out that this would eliminate any delay and only applications
which are questionable would have to be presented to the Board in open
session.
A letter from Senator Smather's Assistant, W. Warren Buck, regarding
Federal General Assistance Programs was presented by Mr. Jennings and
ordered placed in the public housing file in his office.
DEC 2 11
BOOK 10 mGf x.39
Mr. Jennings reported that he had checked the e.asement:on Church:.:
Street 1n Wabasso which Mr. and Mrs. Roddenberry have requested the county
to abandon, and stated that "he cannot see any need for the easement at
I
this time or in the future. „that there is no drainage connected with it."
After discussion, the Administrator was instructed to contact the Rodden
berrys and explain to them and their Attorney the limited rights that
the County has to release easements to see if this would satisfy them to
clear their property, since they stated in their request that this easement
constitutes an encumbrance on their property.
Commissioner Macdonald moved, seconded by Commissioner Waddell and
unanimously carried, that the Administrator be requested to write to the
Secretary of State, asking that it be called to the attention of the
Governor that the term of Variance Board member, Rivers Anderson expires
on'January 5, 1967 and of Edward Massey, on January 7:,.;:1967; and_that a
copy of the letter be mailed to Mr. Frank Appleby.
Commissioner Macdonald requested the Administrator to review the
tt-
1st of equipment for the Sebastian Inlet Park Concession which was
approved previously, for the purpose of determining if the equipment listed
',still needed,in order that bids may be advertised.
Mr. Henry Thompson appeared before the Board and presented a liability
insurance policy issued by the American Fire and Casualty Company, and
after inspection by the Board and County Attorney, Commissioner Waddell
moved that Policy #GLA 21-66 meets the requirements of the lease agreement
with Henry Thompson as far as the Board of County Commissioners is con-
cerned. Motion was seconded by Commissioner,McCullers and unanimously
carried.
Commissioner Waddell moved, .seconded by Commissioner Macdonald and
unanimously carried, that the Administrator be requested to write a‘letter to
the Health Departmeht'l requesting them to make a water analysis of the
public water supply at Vero Shores and to determine if it meets the
requirements of the. Staibe;�..and also, request them to advise Mr. Burt
Froscher of Capri Trailer Park as to the sanitary requirements for
additional trailer spaces.
1JEC21
I N
1.1
BOOK
10 PAGE140
Motion was made by Commissioner Macdonald, seconded by Commissioner
McCullers and unanimously carried, that a letter be sent to the Telephone
Company requesting that a telephone be installed at Sebastian Inlet Park
in the interest of health and safety.
Mr. Webber reported that he had received a memorandum of the St.
Johns. River Valley Advisory Committee regarding the expenses of the
Consultant to St. Johns River Advisory Committee. It was brought out
,that this County has no representative on the Committee; and has never
considered. it.
Mr. Jennings reported that the Clemmans Avenue Bridge has been
completed by the Road and Bridge Department and asked that the Board
inspect it.
In recognition of the fact that this was the last regular meeting
at which Commissioner Haffield and Commissioner Waddell would serve on
the Board, Chairman Graves expressed, on behalf of the entire Board,
his appreciation for the fine efforts and cooperation which they have
given during their terms of office.
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. 6357 to 6403,
both inclusive; Road and Bridge Fund, Nos 4089 to Nos. 4104, both inclusive;
and Fine and Forfeiture Fund Nos, 646 to 649, both inclusive. Such bills
and accounts being on file in the office of the Clerkof the Circuit Court
the warrants so issued from the respective funds being listed in the
Supplemental Minute Book as provided by the rules of the 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.
H HARRIS, CLERK
OBERT W. GRAVES, CHAIRMAN
800(( 10 PAGE 141
DEC 1966