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06/07/1967
• WEDNESDAY( JUNE 7, 1967 The Board of County Commissioners:of Indian River County, Florida, • met in regular session at the Courthouse, Vero Beach, Florida, on Wed- nesday, June 7,- 1967 at 8:30 o'clock A. M. Present Were Robert W. Graves, Chairman; D. B, McCullers, Vice -Chairman; DonaldMacdonald, Richard Bogosian and Jack Dritenbas. Also present were County Engineer Edwin S. Schmucker; County Attorney Sherman N. Smith, Jr.; County Administrator Jack Jennings; and Alfred H. Webber and Ruth Elliott,..Deputy Clerks. The Chairman called• the meeting to order and.: asked if there were any corrections or additions to the minutes of May 3, May ip, and May 24, 1967. There were none, and on Motion by Commissioner Macdonald, seconded by Commissioner Bogosian,.and unanimously carried, the minutes Were approved as -written. On behalf of the Rockridge Property Owner's Association, Mt. William 11. Bolton appeared before the Board and requested the County to consider building a canopy or shed on both ends of the shuffleboard court at the Rockridge Park. The County Engineer.was instructed to meet with them. and make a.cost estimate of the request. At the request of Mr. Treley(a. T.) Thompson, it was moved by • Commissioner Macdonald, seconded by ComMissioner McCullers and unanimously carried, that this Board requests the State Road Department tovacate and abandon that part of the right-of-way constituting:a-part Of. the right-of- way for State Road 5 (U.S.#1) as it existed prior to the present alignment,. as it affects the property owned by J. T. Thompson and •FriedaThompson, his wife, situated in IndianRiver County, Florida, 'more. particularly described as follows, to -wit: All of the following land lying North of theright-of-way' of that certain ditch known as State Road Ditch No. 6 being described in Official Record Book 10, page 21: All that part of the old 66 foot right-of-way of Old U. S. No. I not now in. • use as right-of-way for intersecting road between the presen* Indian River Drive and the present right-of-way for New-U.S.'*-, No. 1, or any part now being used for Indian River Drive, ail lying and being in GovernMent Lot 2, Section 8, Township 31 ' V South, Ringe 39 East. JUN? 1967 'ei, tu kii910 6 All that part of the Old 66 foot right-of-way.for Old U. . S.. No. 1 not now in use as part of the New U:. S: No. 1 as described in Official Record Book 10, page 25 and lying South .of the right-of-way of that certain ditch known as State Road Ditch No. 6 and being described in Official Record Book 10, page 21, all lying and being in Government Lot 2, Section 8, Township 31 South, Range 39 East. All the above is shown on the State Road Right -of -Way map of the right-of-way of State Road 5 as Section 8801-110 and on map number 88010-2110 (2207) Sheet No. 4. The County Engineer presented a map showing the location of bars (consumption on premises), churches and schools in the. Gifford ares. noted that his department began checking licenses in.January, 1964. ihere are three pending requests, two of which are transfers -Chicken Shack at 2 .st..Avenue, Gifford by Sarah Conyeuso, and Blue Seas on North Gifford. I Riad by Alphonso'Wilkerson- and a new application for a c,o.p. license<rby Louise Davis for Davis Grocery, 1875 37th Place, Gifford. After disci Ssion," Motion was made by!.4Commissioner Macdonald, seconded by Commissioner McCullers a'id unanimously carried, that the Beverage Department be notified that the ave applications are in violation of the county's zoning regulations, but that the location of Davis Grocery and the Chicken Shack are within 500." of the city limits of t1e. City of Vero Beach; and that the Beverage De- partment be not which are in. vi 0 fied. of lation the other establishments currently operating, f the county zoning regulations. /.14.,,,14?:. • 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- Nr_La. ment, being a ‘z y1tJ in the matter of )M1 -A-' (o ‘1 In the Court, WaS pub- lished in said newspaper In •the issues of 1. 1_1:1(a7 .1,•;t • Affiant further says titat„t,, Vero. Beach, in said beenirentinuously..ppliiis ;0; as setiond claq'rpattinatAVit, for a perk40.eite yeallotkeixt; tisernentleap4,effiknt ftiaber.sa ccOPFORO‘rilNis,Foarity cfaba",. F hal kiX4V4„ INAltilptiiVtifigsk,6gitz*-V- S0474011$1.44,44150110:' W63.1thiv .said. Vero peach Prees-iptakni#,*a newspaper published at ..thkt-1r4fd newspaper has heretofore var 4010 '010. Oa', weekly and has been entered e;Bedolti;in said Indian River County, Florida 046litition of the attached copy of advee. paid nor proinised any person, firm or for the purpose of securing this adver- .. day of 94..AD. A,Ot • ‘. • . ~-• ., • .A I . , n...4.44.1 t. • (SEAL) • .44e t viov, c'ZS'::•(:`:;;;;`, The Chair opened as Loll Motion F (.7 eQpf •i an read ws: ed Coyne Chevrolet Co $1,862.00 $1,745..88 $1,994.63 ourt, Indian River County, Florida) 4 NOTICEUUJIG 'NOTICE , Ifi HEREBY GIVEN that the .Board of County. IliOners ..iif Indian River County, Florida. Wilt receive sealed bids to the bpur of 9:00, o'clock'. A. liC. an Wednesday, .Ttind '7', 1981; and 'at ,.said •time publicly , open the same at a meeting of said Board to held in the County'. Commissioners ROOM, Indian River' County. Oz*t,i house, • Vero Reach, Flarici 'I ',Air Aide ti? the County of the fo described personal property: One (1) new 1087 % ton plaki, Up truck, as'aet forthin epedtff cations, i.01,4 Ind forms and detailed speciliba• lions 'May be obtained upon.. 'Cation to the County Road 8z B 'Pepartznetit, Room *114; honed, • Vero /leach, Florida. tii,i9uAllenne:A6LubTts, 11.dt0:11n0e:7sph:1011.c.43414:peftontinr, cokan.n'ecpeen44e. „s (1) liethiL"tew, eeurelY sealed, and markecbon t Thialhe -10th day of May, 1 , -:. /*ARO OF COUNTY &mit- ' IWISSIONERS OF INDI4N , RIVER, COUNTY, FLORIDA PF: Iletteri W. Graves. Chairman MaY,40, 25, 1967, the foregoing.Notice and bids were re • Arnold Ford Sales, Inc. tndian River Farm Supply, Co Ived and was.made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, that the low bid of Arnold Ford Sales Inc,, $1,745.88, be accepted, subject to the County Engineerks certification that it meets bid specifications. 1.1 On Motion by Commissioner Macdonald, seconded by Commissioner .Dtitenbas, the following Resolution was unanimously adopted: • RESOLUTION NO. 67. 3 2 WHEREAS, Florida Statutes 1965, Chapter 252 (the Civil Defense Act) establishes a. State Civil Defense Agency and prescribes . the powers and responsibilities thereof; and, WHEREAS, Section 252.09 of said act authorizes and directs each county of this state, through its Board of Cossioners, to establish a county organization for Civil Defense and prescribes the powers: and respon- sibilities thereof; and, WHEREAS, the prior resolution adopted by this Board does not row hAt conform in wording and content with Chapter 252, as presently enacted, I and should be revised to conform; Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian t3 River County, Florida, that Indian River County, a political subdivisiori of the State of Florida, through its Board of County Commissioners, in oficial session assembled this date, does hereby establish a department of comity government' to be known as Indian River County Civil Defense to act in accord ance with and in support of the State Civil Defense plan and programs; and, BE IT FURTHER RESOLVED that this department shall exist and be responsible for providing effective and orderly governmental control and co- ordination of emergency operations in disasters resulting from enemy attack, threat of enemy attack, sabotage or other hostile action, or from natural or accidental causes as provided in Chapter 252; and, BE IT FURTHER RESOLVED that this department shall be headed by a director to be appointed by this Board and who shall be responsible for the organization, administration anddirection of the organization subject only to the direction and control of this Board as provided in said statutes; .and, BE IT FURTHER RESOLVED that all of the departments, agencies and services of county government, including their employees, property, equipment and other resources which are administered by this Board shall be assigned and made available to said Civil Defense Department as required to effectuate the purposes of this department pursuant to statute. 'Pay. JUN 7 1 Smith, Heath, Smith & O'Haire, Attorneys At Law, Vero Beach, Florida , Mr. Fred Prestin, Vero Beach City Councilman, appeared before the Board and submitted a copy of Senate Bill No. 70.for the Board's study and consideration which would establish state licensing of.. contractors. He also requested the County to consider a larger contribution to the City''.s fire department when preparingtheir budget; and informed the Board of a Resolution adopted'hy the City Council by 3-2 vote urging the Board of County Commissioners to continue as a member of the East Central Florida Regional Planning Council. On Motion by Commissioner Dritenbas, seconded.by Commissioner Bogosian and unanimously carried, the Clerk was requested. to officially advise the Cityof Vero Beach byletter that. the Countyis ay pproaoning its budget period and would like to be advised by the City regardg action to the County's proposal that the building department of the City be absorbed by the County, and inspection be made by one office throughout the County, including the City of'Vero Beach. The County Engineer reported that the Zoning Board has tentatively recommended to"this Board that the property described as "all that part lying within 660' of the centerline of Oslo X Road, and lying west of Old Dixie Highway, the SES of the:SEk of Section 24, and the NES of the NE' of Section 25, Township 33 South, Range 39 East, and the SW's of the SWC of Section 19, :�:.. and the NWS of the NWk,'of Section 30, Township 33 South, Range 40 East, be changed from Commercial District to R1 Single Family District as requested by Phillip R. Helseth, Albert O. Helseth and Inga Helseth. and also that the Zoning Resolution be amended under Section 16, General Provisions,1 by adding the following,: to. be designated as lirport eight Limitations: No structure shall be erected a heig t in excess of those delineated on the Approach, d Zonin Plan of the Vero Beach Municipal Airport approved the City of Vero Beach, April 21, 1964". • made' by Commissioner Macdonald, seconded by,,Commissioner d unanimously carried that -the Board tentatively approvoa the recommendations of the Zoning, Board and brders,:that public hearing JUN 7 Mr. Dave MacMillan of MacMillan Oil Company appeared before the Board inquiring about the installation of a gas pump for marine use only at the Sebastian Inlet Park as had been requested by Henry Thompson. After discussion, 1t was the opinion of the Board that such a'facility .may not be be given M Commission County Adm feasibl nor necessary and that further consideration efore m king any decision. tion wa made by Commissioner Bogosian, seconded by r McCullers and unanimously carried, that upon advice of the nistratqr that he has inspected Summer Place Subdivision Unit No. 3, and he finds that it has been completed with.all improvements >ti in accordance with county requirements; the Clerk is herewith directed to return'to Summer Place Homes, Inc., c%o Marvin H. Gillman, the4 deposit of $5,600 previously made to guarantee these improvements;. The County will continue to retain the $4,000'deposit pending completion of the road to be known as Cocoplum. The Board reviewed the applications received for a lifeguard at Wabasso Beach Park and Motion . was :made.. bir lehmmisaiDner.Miatdonald,dseconded by Commissioner McCullers and unanimously carried, ithabltussel1;Gielow 'die- retaii'ed a"s lifeguard at Wabasso Beach Park during the summer Season. Mr. Jennings. advised the Board that he has inspected the sub- division of Golf Acres (tentatively approved as Golf View Properties). and that improvements have been completed'in accordance with county requirements. Motion was made by Commissioner Dritenbas, seconded by Commissioner Macdonald and unanimously carried, that thezp.lat of ;Gtlif Acres. Subd .vision. be approved: Motion was made by Commissioner McCullers, seconded by Commissioner Dritenbas and unanimously carried, that the County Engineer is authorized to approve the Replat of Plat No. 1, Sunset Drive Subdivision and to approve the plat of Plat No. 2, Sunset Drive Subdivision in the Town of Indian River Shores, as meeting the requirements of the General Laws of Florida governing the filing of plats in order that the plat may be recorded. The two plats and the improvements made do not meet the requirements of the County Subdivision law; but the land is within the Town of Indian River Shores and therefore not required to meet those JUN 7 1957 Alt 10 Pa's. E3 71 requirements because the County Subdivision' Law applies only to the. areas of the County outside of a city. Motion was made by Commissioner Macdonald, seconded by Commissioner Bogosian and unanimously carried, that the Road and Bridge Department be authorized to remove all trees from the county right-of-way on the westward extension of New York Avenue out of Fellsmere along the property of .Mrs. C. .B. Gray. Motion was made by Commissioner Macdonald, seconded by Commissioner Dritenbas and unanimously carried,, that the CountyEngineer be requested to make an effort to find the survey map prepared by Dewey Moody,oSurveyor from Bunnell, Florida, to determine the location of the County Park at Blue Cypress Lake and if:he is unable to do this, to make an. examination of the area and report back to:the Bbard about the construction of the boat ramp at the park. The Board viewed plans presented by CommissionerDritenbas of the proposed boat ramp which will be built and financed by a group.. of citizens at the Sebastian Inlet Park. The County Engineer was re- quested to meet with the group and designate the exact location for the ramp. Motion was made by_Commissioner McCullers that a letter be forwarded to the City Council of the City of Vero Beach, requesting that they purchase, install and maintain the traffic light at the intersection of 12th Street and U. S. No, 1. Motion -was seconded by Commissioner Macdonald and unanimously carried. The right of way contract for Emerson Avenue, State Road S-607, (88570-2601) was received from the State Road Department and on Motion .by Commissioner Macdonal% seconded by Commissioner McCullers,the • following Resolution was unanimously adopted:• RN 7 COUNTY COMMISSIONERS RESOLUTION ,Vo,. 6J= . 3 On motion of Commissioner Macdt�nald , seconded by Commissioner McCullra the following resolut.cln was adopted: WHEREAS, the State Road Department of Florida has authorized and re. questedindianittWeVounty to furnish the necessary rights of wajr, borrot, pits and easements for that portion of Section 88,70, State} Rod 5.607, extending from a point on the Rest line of Section 22, Township 33 3 tths Range 39 East Northerly along Emerson Avenue to State Road 60 in Vero Bea t 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 th office o4 the said Department at Tallahassee, and of said S portion o County, ;, fences, br ing withi and the eid Department will not begin construction of said portion ction in aid County until title to all land necessary for said said Sec ion has been conveyed to or vested in said State by said said lands are physically cleared of all occupants, tenants, ildings and/or other structures and improvements. upon ce encroach the limits of the land required for said. portion of, --Said Section; WHER ', the said County is financially unable at this time to provide the necessary funds to acquire said rights of way, borrow pitsand 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, fencesand other structures and improvements thereon, and for other expenses ofacquiring 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, Ektraordinary Session, 19+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, tenants, 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 Chairman 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 st prepare in the name of said County by its Counter Commicfioners all condemnation papers, affidavits and pleadings, and prosecute all condemnation proceedings to judgment; and furnish to the Department the abstract sear0 1 dedJ(n said Contract. JUN 7 1961 880K �-u PWWEJ Motion was made by Commissioner McCullers, seconded by Commissioner Macdonald and unanimously carried, that the County Engineer be requested to check the Fellsmere grade (running from the.Osceola County line, west- ward) and to give a recommendation to the Board as to the.maintenance and repair of the road. On Motion by Commissioner Bogosian, seconded by Commissioner Macdonald, the following Resolution was unanimously adopted: RESOLUTION NO. 67- 34 WHEREAS, . that portion of Forty -Third Avenue between State Road Sixty and Wacker Avenue is a public road in Indian River County within the jurisdiction of this Board, outside of municipalities and not included in the state highway system or state park road system; and, WHEREAS, said road, as such, constitutes a county road and a county maintained road within the meaning of Section 317.233(2), Florida Statutes; and, WHEREAS, this Board after investigation has determined that it is reasonable and in conformity to criteria promulgated by the state road department to alter or change the speed at which motor vehicles maybe operated on the said road by limiting such speed to a maximum of thirty- five miles per hour in the daytime or nighttime; Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, pursuant to Section 317.233(2), Florida Statutes, that a maximum speed limit for motor vehicles of thirty-five miles per hour in the daytime or nighttime is hereby set or established in the following zone, namely that par of Forty -Third Avenue between State Road Sixty and Walker Avenue and, BE IT FURTHER RESOLVED that the Road and Bridge -Department of Indi n River County is hereby authorized and directed to so post the said speed one as to limit the speed of motor vehicles thereon to the maximum speed so set or established by this resolution. JUN 7 1967. 14116 NAZI' • 4 On Motion by Commissioner McCullers, seconded by Commissione Macdonald, the following Resolution was unanimously adopted: RESOLUTION ` NO. 67- 35 WHEREAS, that portion of State Road 510 from U. S. Highway 1 east to the Wabasso Bridge and that portion of said state road from State Road A1A west to the ,Wabasso Bridge is a public road in Indian River County within the jurisdiction pf this board not within a Municipality and not included iii the State 'ghway S stem or State Park Road System; and, WHE EAS, each part of said road above described constitutes' a county road and a county maintained road within the meaning of Section 317.2 3(2), Floiida Statutes; and, WHE11,EAS, this board after investigation has determined that it is reaso able and in conformity to criteria promulgated by. the State Road Department to alter or, change the speed at which motor vehicles may be operated on the above two parts of said road by limiting such speed to a maximum of 25 miles per hour in the daytime or nighttime; Now, therefore, BE IT RESOLVED by the Board ©f County Commissioners of Indian River County, Florida, pursuant to the foregoing statute, that a maximum speed limit for motor vehicles of 25 miles per hour in the daytime or night- time is hereby set or established in the following two zones on State Road 510: (1) From U. S. Highway 1 east to the Wabasso Bridge; (2) From State Road A1A west to the Wabasso Bridge; BE IT FURTHER RESOLVED that the Road -and Bridge Department is hereby authorized and directed to so post the said speed zones as to limit the speed of motor vehicles thereon to the maximum speed set forth or estab- lished by this Resolution. JUd 7 Smith, Heath, Smith & O'Haf re, Attorneys At Law, Vero. Beach, Florida r The Board received a letter from the Honorable Clifford Reuter, Senator,. advising that there has been introduced in'theLegislature an act to establisW a shell fish management area in all of Tndian.River County, and urging the Board to endorse same. The Board discussed the matter -at length and Commissioner Bogosian was requested to contact members of the legislative delegation for further information before taking any action. The Board then recessed at 12:00 noon and reconvened at 1:1$ P. M. On Motion by Commissioner -Macdonald, seconded by Commissions Bogosian and unanimously carried, the purchase of an IBM electric' typewriter for the Clerk's office, in the amount of $291.00 w/ trade, was authorized. Commissioner Macdonald moved, seconded by Commissioner McCullera and unanimously carried , .that the Supervisor of Elections be authorized to advertise for bids for equipment for her office, not to exceed the amount of $3,000.00 On Motion by Commissioner Bogosian, seconded by Commissioner Macdonald, and unanimously carried, the renewal of pistol permit for George C. Havener, was approved. The Sheriff filed with the Board a statement of his appointment of James Earnest Parsley asoa Deputy Sheriff, whose voting precinct is No. 4A, and the said Deputy Sheriff filed his the Circuit Court, which was presented to the Board. On Motion by Commissioner McCullers, seconded by Commissioner Macdonaldand unanimously carried, the bond of said Deputy Sheriff was approved and ordered filed the with Clerk of the Circuit Court. On Motion by Commissioner McCullers, seconded by Commissioner Macdonald and unanimously carried, the application of Warren R. Fetters for admission to the Southeast Florida Tuberculosis Hospital was JUN 7 1967 '`'` approved. �QQk 10 pii5t+.776 bond With. the Clerk of On Motion by Commissioner Macdonald, seconded by Commissioner McCullers, the following Item to Item transfers were unanimously approved: GENERAL FUND Account No. 951. Contingencies 219. Attoey to and 221. Fees,' Clerk C rcuit Court 341. Maint -nance.:.o Jail 563.2 Welf=.re Reli 691. Sanit-ry Land ill eit Outdoor Re reational Planning Committee,.regarding-the possibility From $ 2'8,.250.00 r To $ 4,050.00 1,000.00 3,50000 4, 500'.00 16,200.00 The , oard received a letter from Ney :I,andre m 'Director of the of incorporating the Indian River County Sebastian Inlet. Park into" a proposal for a major state, park' development. ini that area. The Bbard was infavor, of._;the. proposal;. Motion was made by Commissioner Macdonald that the Board appove the proposed parking plan for the Wabasso Beach Park as submitted by the County Engineer and request the Road and` -Bridge Department to begin to construct this facility as time -permits. Motion was seconded by Commissioner Dritenbas and unanimously carried. Commissioner Macdonald submitted a plan whereby the garbage pick- up at the county parks will be done by a county employee, and moved that the plan be implemented as soon as possible by the Road and Bridge Department, and at that time the commercial service will be discontinued. .Motion was seconded by Commissioner Dritenbas and unanimously .carried. Motion was made by Commissioner Macdonald, seconded•by Commissioner Bogosian and unanimously carried, that all members of the Board be authorized to attend the convention of the National Association of Counties to be held in Detroit, July 30 through August 2. The Deputy;CIezk-•.repprted that the funds under the program for F.. • Indigent Hospitalization have been depleted for this fiscal year anG On Motion by Commissioner McCullers, seconded'by Commissioner Bogosian and unanimously carried, the Clerk was instructed to notify all interested hospitals that the money has run out. The monthly reports of the County Service Officer, the County "Agent and'the County Welfare Worker were received and placed on file. The' several bills and accounts against the County, having been audited, were•exainined.and found to be correct, were approved and warrants issued insettlement.;of same as follows: General Fund, Nos. 7093 to 7171, both inclusive; Road and Bridge Fund, Nos. 4457 to 4499 both inclusive and Fine and Forfeiture. Fund, Nos. 711 to 715, both incl- usive Such bills and accounts being on file in the .office of th • Clerk of the Circuit Court, and the warrants so issued from the respective funds.being listed in the Supplemental Minute Book as provided by the rules of:itherState Auditor, reference to such record and. list so recorded, being made a part of these aninutes. There being;no further business on Motion made, seconded and. carried, the Board adjourned at 4:00 o'clock P. 10.4 ROBERT W. GRAVES, CHAIRMAN ATTEST: RALPH,,; ► " IS, CLERK 8sok 016178