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HomeMy WebLinkAbout3/6/1968WEDNESDAY, MARCH 6, 1968 The Board of County Commissionersof Indian River County, Florida met in regular session at the Courthouse, Vero Beach, Florida on Wednesday, March 6, 1968, at 8:30 o°clock A. M. Present were Robert W. Graves, Chairman; D. B. McCullers, Jr., Vice Chairman; Donald Macdonald; Richard P, Bogosian and Jack U. Dritenbas. Also present were Jack G. Jennings, County Administrator; Sherman N. Smith, Jr., County Attorney; and Alfred H. Webber and Janet N. Burriss, Deputy Clerks. The Chairman called the meeting to order and asked if there were any corrections or additions to the minutes of February 7 and 21, 1968. There were none and on Motion made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, the minutes were approved as written. Mr. Roland B. Miller, Chairman of the Special Committee of the Indian River Memorial Hospital appeared before the Board requesting that the Motion of February 7 concerning construction to be done include three culverts instead of two. On a Motion by Commissioner McCullers, seconded by Commissioner Macdonald, it was unanimously carried that with reference to the Motion of February 7, which was moved by Commissioner Macdonald, seconded by Commissioner McCullers, appearing in the minutes of this Board on February 7, 1968 that the County agrees' with the Hospital District to place 3 culverts instead of 2 in the course of the work and to be from then on in accordance with the terms of that Motion. Mrs. Raplo appeared before the Board and requested the installation of a light at the intersection of Old Dixie Highway and SW 4th Place. The location did not meet the critera for light and the request was denied. Mr. James Butcher appeared before the Board requesting that a quarter mile strip on 10th place from the Old Dixie Highway to Hibiscus Airport be paved. Mr. Butcher was informed that due t the lack of funds, the County would be unable to de°th`i11f4E01 ih.1 MAR 6-1969. eex 1 this time, but that it could be put on the list and would be given consideration at another time. Mrs. Rosemary Richey, Supervisor of Elections appeared before the Board stating that although our voting machines have ten columns only two of these columns are available for use until further mechanical factors are added. She presented Mr. Shoup of the Shoup Voting Machine Corporation, who explained the advantages of the additional columns, more practical set-up of ballots and the approximate cost of the columns. After some discussion, Mrs. Richey suggested that Mr. Shoup prepare an actual cost program for two, three and four additional columns; and that she would.present this material to the Board at their next meeting. Mrs. Michael of the Pelican Island Audubon Society appeared before the Board on behalf of the Society requesting the•use of an- additionalportion of the Kiwanis-Hobart Park. A Motion was made by Commissioner Macdonald, seconded by Commissioner Bogosian and unanimously carried that the County Attorney be authorized to prepare a resolution similar to Resolution 68-8 of February 21, 1968. Mrs. Ethel O'Brien, Executive Director of the Economic Opportunity Council of Indian River County appeared before the Board stating that under new legislation, the Board is,zequested to submit Appendix B,1 for the continuation of the Agency. On a Motion made by Commissioner Macdonald, seconded by Commissioner Bogosian and unanimously carried that the Chairman is authorized and directed to'submit to the office of Economic Opportunity their form of Appendix B,1 in which the County now advises that agency that at the present time this Board expects to designate the existing community agency as the CAA for our community to cover the same area, and to designate the Administrator Jack G. Jennings as the person to contact. On a Motion made by Commissioner Macdonald, and seconded by Commissioner Bogosian the following Resolution was unanimously adopted: 1.1 PAGtI6 80 MAR 6 - 01( I Z" 1968 RESOLUTION NO. 68- 16 A RESOLUTION PRESCRIBING PROCEDURES FOR PRO- POSING CHANGES IN EXISTING BULKHEAD LINES ADJACENT TO OR OFFSHORE FROM LANDS OR ISLANDS LOCATED IN THE UNINCORPORATED AREA OF INDIAN RIVER COUNTY, FLORIDA, BORDERING ON OR BEING IN NAVIGABLE TIDAL WATERS OF THE COUNTY OR FOR PERMITS TO CONSTRUCT ISLANDS OR TO ADD TO OR EXTEND SUCH LANDS OR ISLANDS BY PUMPING SAND, ROCK OR EARTH FROM SUCH WATERS OR BY ANY OTHER MEANS. WHEREAS, this Board of County Commissioners of Indian River County, Florida, did, upon its own initiative, after due notice, public hearing and careful consideration of all factors involved with a view to the protection of the public interest, on January 21, 1958, adopt a resolution locating, fixing and establishing a bulkhead line or lines adjacent to or offshore from existing lands or islands bordering on or being in the navigable tidal waters of the county, as defined in Section 253. 12, Florida Statutes, which said line or lines was formally approved by the Trustees of the Internal Improvement Fund of the State of Florida at its meeting held on February 25, 1958;: and WHEREAS, this Board thereafter did on September 6, 1962, and June 22, 1964, after due notice, public hearing and like consider- ation, adopt resolutions making certain changes in portions of said line or lines located in the unincorporated area of said county, which said changes were formally approved by said Trustees at meetings held, respectively, on January 29, 1963, and August 11, 1964; and WHEREAS, drawings showing the location of said bulk- head line or lines adjacent to or offshore from lands or islands located in the unincorporated area of Indian River County, Florida, bordering on or being in navigable tidal waters of said county, as so revised, are filed in the public records of said county and recorded in Plat Book 5 - 43 of said county; and 1 4fAR 6 . 7986 900X 11 PAGE 62 WHEREAS, said line or lines represent the line beyond which a further extension creating or filling of lands or islands out- ward into the waters of this county is deemed an interference with the servitude in favor of commerce, navigation and conservation of natural resources with which the navigable waters of this state are inalienably impressed; and, WHEREAS, the State of Florida, its agencies, political subdivisions and governmental units, and private persons, firms or corporations desiring to construct islands or to add to or extend .existing lands or islands located in the unincorporated area of Indian River County, Florida, bordering on or being in navigable tidal waters of the county, by pumping sand, rock or earth from such waters or by any other means, are required to make written applica- tion to this Board for a permit authorizing such construction; and WHEREAS, the Legislature of the State of Florida by Sections 253.122 and 253. 124, Florida Statutes, as amended, has charged this Board with the responsibility for initially passing upon (1) proposals to change existing bulkhead lines adjacent to or offshore from lands or islands located in the unincorporated area of Indian River County, Florida, bordering on or being in navigable tidal waters of the county, subject to the approval of the Trustees of the Internal Improvement Fund of the State of Florida, who have power to approve or reject such changes, and (2) applications for permits to construct islands or to add to or extend existing lands or islands in such area bordering on or being in such navigable waters, subject to the approval of the said Trustees, who have power to approve, reject, or issue permits; and WHEREAS, this Board did by Sections 3 to 6, inclusive, , of its said resolution of January 21, 1958, and by subsequent resolu- tion adopted July 3, 1963,.prescribe certain procedures for making 2 PAR 63 MR 6- 19688001( application for permits to construct islands or to add to or extend existing lands or islands located in the unincorporated area of the county bordering on or being in such navigable waters; and WHEREAS, the Legislature of the State of Florida, the Trustees of the Internal Improvement Trust Fund and the Florida State Board of Conservation have imposed certain new and additional requirements upon proposals to make changes in existing bulkhead lines and upon applications for permits to construct islands or add to or extend lands or islands bordering on or being in navigable tidal waters; and WHEREAS, this Board desires to revise and clarify the procedures for making such applications, insofar as the same pertain to unincorporated areas of the county within its jurisdiction, in order to fulfill these new and additional requirements; NOW THEREFORE, BE 'IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: APPLICATIONS BY RIPARIAN. OWNERS TO CHANGE EXISTING BULKHEAD LINES. Section 1,1. Any riparian owner, other than this Board of County Commissioners of Indian River County, Florida, proposing any change in the existing bulkhead line or lines adjacent to or off- shore from lands or islands located in the unincorporated area of said county and bordering on or being in the navigable tidal waters of the State of Florida, as defined in Section 253.12, Florida Statutes, shall make written application therefor to this Board and file the same with the County Administrator of this county. Section 1.2. The application shall set forth the names and addresses of the applicants, a legal description of the land owned by such applicants in the area and vicinity of the bulkhead line or lines proposed to be changed, and legal descriptions of the bulkhead line as 3 MAR 6 - 7968 ina 11 A64 .144 s !a' it exists and as it is proposed to be changed. The application shall be personally signed by each applicant and shall contain an express undertaking by each to be jointly and severally liable for paying or reimbursing the county for all proper costs or expenses incurred by this Board in connection with said application. The application shall be accompanied by four (4) prints of a map prepared by a land surveyor or civil engineer, registered in the State of Florida, showing the previously established bulkhead line and the line as proposed to be changed in relation to the approximate line of mean high water of the nearest upland, U. S. survey sections, townships and ranges, limits of platted subdivisions and referenced toestablished upland landmarks or corners sufficiently accurate for same to be platted on other maps of the affected area. Section 1.3. The County Administrator shall promptly transmit a certified copy of the application and map to the State Board of Conservation and request said Board to officially advise this Board whether or not a biological survey, ecological study or hydrographic survey is required in connection with such application, and, if so, the anticipated cost or expense of the same. If said Board of Conservation officially advises this Board that any study or survey is necessary or required, the applicant shall deposit with this Board a sum sufficient to defray the estimated cost or expense of the same, and the County Administrator shall thereupon order the same from the State Board of Conservation. Section 1.4. Upon receipt of and payment for the required or necessary studies or surveys from the State Board of Conservation or upon receipt of official notification from said Board that no such study or survey is necessary or required in connection with such application, the applicant shall deposit with this Board a sum sufficient to defray the cost or expense of giving notice by publication 4 BOOK 11 PAGr165 NAR 6 - 1968 and certified or registered mail of the time, place and date of a public hearing on the proposal before this Board and the cost or expense of procurring the attendance of an official court reporter at said hearing. Section 1.5. Upon receipt of such sums together with a report signed and dated by the County Tax Assessor setting forth the names and addresses of each owner of riparian upland within one thousand (1, 000) feet (radial distance) from the unit of shore affected by the proposed revision, as shown on the latest county tax roll, the County Administrator shall give due notice of the proposal to change existing bulkhead line or lines by causing to be published once each week for three (3) consecutive weeks in a newspaper of general circu- lation published in the county a notice of the time, date and place of a public hearing before this Board on such proposal and shall send a copy of such notice by certified or registered mail to each of the said riparian owners in accordance with Section 253. 122(5), Florida Statutes, as amended. Section 1.6. The public hearing before this Board shall be conducted according to the Administrative Procedure Act of Florida, Parts II and III (Florida Statutes 120.20 - 120.28 and 120.30 - 120. 331). Section 1.7. Any resolution by this Board adopting any proposed change in the existing bulkhead line or lines shall contain a legal description of the line as proposed to be changed and shall be subject to the approval of the Trustees of the Internal Improvement Trust Fund, who have the power to approve or reject the same. The County Administrator shall promptly transmit to the said Trustees for approval or rejection: (1) a certified copy of any such resolution together with the linen, which shall have inked thereon: "Approved this day of , A. D. 19 , by the Trustees of the Internal Improve- ment Fund. 5 Director MAR 6 - 7968 660k 11 Aaf and two (2) prints of the plat defining the bulkhead line and showing the same in relation to the approximate line of mean high water of the nearest upland, U. S. survey sections, townships and ranges, limits of platted subdivisions and referenced to established upland landmarks or corners sufficiently accurate for same to be platted on other maps of the affected area; (2) an affidavit by the publisher with proof of publication of the notice of public hearing; (3) a transcript of all hearings concerning the revision or a report setting forth the source and nature of all objections submitted to the Board; and (4) a certificate evidencing that notices of the public hearing were mailed to required riparian owners in compliance with Section 253. 122(5), Florida Statutes, as amended. Section 1.8. Upon the approval by the Trustees of the Internal Improvement Trust Fund of any proposed change in the bulk- head line or lines, a drawing showing the location of such changed bulkhead line or lines shall be promptly filed in the public records of Indian River County and recorded in the book of plats of said county. PROPOSALS BY THIS BOARD TO CHANGE EXISTING BULKHEAD LINES. Section 1.9. If this Board of County Commissioners of Indian River County, Florida, proposes any change in an existing bulk- head line that is subject to its jurisdiction, it will adopt a resolution setting forth: (1) a legal description of the land, if any, owned by the county in the area and vicinity of the line proposed to be changed; and (2) legal descriptions of the bulkhead line as it exists and as it is proposed to be changed. At the expense of the county, the County Administrator will: (1) obtain such maps, studies and surveys, as may be required; (2) give notice by publication and mail of public hearing; and (3) procure the attendance of a court reporter at said hearing . In all other respects said resolution will: (1) be .processed 6 MAR 6 - 1968 Win 11 f;.sE1617 • as an application filed under Section 1.1 of this Resolution, and (2) be subject to the provisions of Sections 1.1 to 1.3, inclusive, hereof. APPLICATIONS FOR PERMITS TO CONSTRUCT ISLANDS OR TO ADD TO OR EXTEND EXISTING LANDS OR ISLANDS. Section 2.1. The State of Florida, any of its agencies, political subdivisions or governmental units other than this Board of County Commissioners of Indian River County, Florida, and any pri- vate person, firm or corporation desiring to construct islandsor to add to or extend existing lands or islands located in the unincorporated area of said county bordering on or in the navigable waters of the State of Florida, as defined in Section 253.12, Florida Statutes, by pumping sand, rock or earth from such waters or by any other means, shall make application in writing to this Board for a permit authorizing such construction. Applications for permits involving lands or islands located within the territory of any municipality shall be made to the governing body of such municipality. Section 2.2. The application shall set forth the names and addresses of the applicants, a legal description of the land owned by such applicants in the area and vicinity of the proposed construction, and a legal description of the existing bulkhead line adjacent to or off- shore from such lands. The application shall be accompanied by a plan or drawing showing the proposed construction, the manner in which said construction will be accomplished and the area from which any fill material is to be dredged, if the proposed construction is intended to be created from dredged material. The application shall be personally signed by each applicant and shall contain an express undertaking by each to be jointly and severally liable for paying or reimbursing the county for all proper, costs or expenses incurred by,;.=.. this Board in connection with such application. If the proposed con- struction or dredging is wholly shoreward of a previously established 7 M4 r - 1968 ttla bulkhead line which was fixed after consideration by the bulkhead authority of a biological survey and ecological study previously made by the State Board of Conservation or under its supervision in connec- tion with the fixing of such line, or if the proposed construction or dredging is wholly within lands or islands heretofore purchased from the Trustees of the Internal Improvement Trust Fund under Section 253.12, Florida Statutes, and in the consummation of such sale the Trustees had before them a biological survey made by or under the. supervision of the State Board of Conservation, the application shall so state and be accompanied by a certificate from the appropriate authority establishing such fact. Section 2.3. The application shall be filed with the County Administrator of this county and shall be accompanied by deposit of the minimum fee fixed by the State Board of Conservation for corn., mencing the biological survey and ecological study required by law in connection with such application or the certificate described in Section 2.2 of this Resolution. Section 2.4. Unless a certificate has been furnished from the appropriate authority establishing that no such surveys and studies are required, the County Administrator shall promptly transmit :. certified copy of the application and plan or drawing to the State Board of Conservation and order from said Board the biological survey and ecological study required by law. The County Administrator also shall request the State Board of Conservation to officially advise this Board whether or not it deems a hydrographic survey of the area within which construction or dredging is proposed to be necessary and, if so, the estimated cost or expense thereof and of all surveys and studies required. The applicant shall promptly deposit with this Board a sum sufficient to defray the estimated cost or expense of all such studies or surveys in excess of the minimum fee of the State Board of Conser- f 8 MAR 6 - 1968 11 mae9 1G` i4 vation previously deposited with this Board. Section 2.5. Upon receipt and payment for the surveys and studies required by law or deemed necessary by the State Board of Conservation, this Board will consider and determine all factors affecting the public interest, including whether the granting of such permit and the construction to be done pursuant thereto would inter- fere with the conservation of fish, marine and wildlife or other natural resources, to such an extent as to be .contrary to the public interests, and whether the destruction of oyster beds,', clam beds, or marine productivity, including, but not limited •to, destruction of natural marine habitats, grass flats suitable as nursery or feeding grounds for marine life, including established marine soils suitable for pro- ducing plant growth of a type useful as nursery or feeding grounds for marine life will result therefrom to such an extent as to be contrary to the public interest. In the event the proposed extension, filling of land or dredging is found by this Board not to be violative of any statute, zoning law, ordinance or other restrictions which may be applicable thereto, or that no harmful obstruction to or alteration of the natural flow of the navigable waters as defined in Section 253. 12, Florida Statutes, within such area will arise from the proposed construction, or that no harmful or increased erosion, shoaling of channels or stag- nant areas of water will be created thereby, or that no material injury or monetary damage to adjoining land will accrue therefivm, a permit shall be granted to the applicant, subject to the approval of the Trustees of the Internal Improvement Trust Fund, who have the power to approve, reject or issue permits. Section 2.6. No construction permit will be issued unless the proposed work is to be completed within three (3) years next after the date of issuance of such permit. Such time may be extended by the Trustees of the Internal Improvement Trust Fund for good cause 9 MAR 6 - 1968 BOOK 11 AGE 1,.f O s i upon showing that all due efforts and diligence towards completion of said work have been made. The construction permit herein provided for may be revoked by the said Trustees for non-compliance with or for violation of its terms after notice and opportunity for hearing. Section 2.7. Neither this Resolution, nor the establish- ment of any bulkhead line or lines, nor the granting of any construction permit shall operate to vest any right whatsoever in the upland owner or construction permit holder to remove sand, rock or earth from the navigable waters of the state, as defined in Section 253.12, Florida Statutes, and the submerged bottoms thereof lying channelward of duly established bulkhead lines, unless a construction permit issued by this Board pursuant to Section 253.124, Florida Statutes, and a permit issued by the Trustees of the Internal Improvement Trust Fund pursu- ant to Section 253.123, Florida Statutes, specifically permit such removal. APPLICATIONS BY THIS BOARD FOR CONSTRUCTION PERMITS. Section 2.8. If this Board of County Commissioners of Indian River County, Florida, desires to construct islands or to add to or extend existing lands or islands located in the unincorporated area of said county bordering on or being in the navigable waters of the State of Florida, as defined in Section 253.12, Florida Statutes, by pumping sand, rock or earth from such waters or by any other means, it will adopt a resolution setting forth the same information that Section 2.2 hereof requires in the case of applications filed under Section 2.1 hereof. At the expense of the county, the County Admin- istrator will obtain such plans, drawings, certificates, studies and surveys as may be required. This Board will then consider all factors affecting the public interest as set forth in Section 2.5 hereof. In the event the proposed extension, filling of land or dredging does not appear 10 MAR 6 - 1969 wit Ibmt to this Board to be violative of any statute zoning law, ordinance or other restrictions which may be applicable thereto, or that no harm- ful obstruction to or alteration of the natural flow of the navigable waters as defined in Section 253.12, Florida Statutes, within such area will arise from the proposed construction, or that no harmful or increased shoaling of channels or stagnant areas of water will be created thereby, or that no material injury or monetary damage to adjoining land will accrue therefrom, this Board will then make appli- cation in writing directly to the Trustees of the Internal Improvement Trust Fund for a permit authorizing the county to engage in such con- struction. APPLICATIONS TO OTHER AGENCIES WITHOUT PRIOR APPROVAL BY THIS BOARD. Section 3.1. If the State of Florida, any of its agencies, political subdivisions or governmental units, or if any private person, firm or corporation makes application proposing any change in the existing bulkhead line or for a permit authorizing the construction of islands or the addition to or extension of existing lands or islands located in the unincorporated area of this county and bordering on or being in the navigable tidal waters, to any governmental agency prior to approval by this Board, where approval by this Board is required, such action shall constitute a disapproval by this Board of any such application. PROCEDURAL PROVISIONS OF PRIOR RESOLUTIONS SUPERSEDED. Section 3.2. The provisions of this. Resolution supersede the provisions of all prior resolutions of this Board pertaining to the. procedure for making applications to change existing bulkhead lines or for permits to construct islands or to add to or extend existing lands or islands. 11 MAR 6 - 1968 son 11. put 1.72 13 THIS RESOLUTION IS SUPPLEMENTAL. Section 4. 1. The provisions of this Resolution are supple- mental and additional to the provisions of the laws of the United States of America having to do with construction in or over navigable waters of the United States whereby permits from the Department of the Army are required. BE IT FURTHER RESOLVED that certlfied copies of this Resolution be furnished to the Corps of Engineers, Jacksonville Dis- trict, U. S. Army; the Trustees of the Internal Improvement Trust Fund; the Florida State Board of Conservation; the Florida State Game and Fresh Water Fish Commission; and Consulting Engineers in Indian River County, Florida. 12 MAR 6 - 1968 lomi11AGE173 • 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 in the Court, was pub-, fished in said newspaper in the issues of 58' Affiant further says that the' said Vero Beach Press Journal is a newspaper published at. Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant 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 newspaier. Sworn to and subscribed before me this `=� day of____ -&:;+- A.D.___Ufa (SEAL) (Clerk o (Business Mane er) e Circuit Court, Indian River County, Florida) 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 10:00 o'clock A. M. on Wednesday, March 6, 1988, and then publicly open the same at a meeting of that Board in the Com- missioners' Room, Indian River County Courthouse, Vero Beach, Florida. The bids requested are for providing insurance for said county to cover the liability imposed by Chapter 67-408, Laws of Florida, and agreeing to pay on behalf of the county any and all sums of money which the county may be- come obligated to pay under the pro - 'visions of that law and in addition `to provide each and every other insurance coverage now provided 1.for the Indian River County Sheriff and his employees under the group :master policy issued November 15, 1965, by American Bankers Life Assurance Company, No. 24878. Each bid submitted shall state the premium to be charged to be pay- able either in monthly or annual installments, shall be annually re- newable at the option of the county, non -cancellable except for failure to pay premiums, and shall include a form or sample policy offered. This insurance coverage shall be 'awarded to the insurance carrier) making the lowest and best bid. 1 f The Board reserves the right tot waive formalities and to reject all 'bids. BOARD OF COUNTY COM- MISSIONERS INDIAN RIV- ER COUNTY, FLORIDA I By: ROBERT W. GRAVES, i Chairman Eeb..15, 22, 1968. The Chairman read the foregoing Notice and sealed bids from the following Insurance Agents were opened: Rudy Hubbard Kenneth Reams Warren T. Zeuch, Jr. A. E. Spinelli, Jr. Foster Wright (American Banker.'s•Life) On a Motion made by Commissioner Macdonald, seconded by Commissioner Bogosian, it was unanimously carried that these bids for insurance be referred to a committee composed of the County Administrator, Alfred H. Webber,Deputy Clerk and the Sheriff for ,f comparison in order to ascertain whether they come up tto specifications. Sam Joyce, Sheriff, requested the Administrator to contact the , State Road Department and ask them to move a traffic sign from the area of McClellan's Fruit Stand on North Gifford Road to a spot about a half mile further North. 6 �V tin% 1i PaI:f .74 MAR 1�o Mrs, Le F. Luckie of the Vero Beach Women's Club appeared before the Board in regard to the 20 acre parcel of land dedicated to the Club for its use in a 1951 Resolution by the Board of County Commissioners. She felt that though the Indian River Riding Club was a very worth -while project, to have them share this park might constitute a fire hazards Mrs Luckie said that it might be better if the Riding Club were to acquire a different tract of land for their purposes. A Motion was made by Commissioner Bogosian, seconded by Commissioner Dritenbas and unanimously carried that the Florida State Road Department's proposed Typical.. Section for State Road S607, Section 88570, Job 3601 be approved together with the estimate of cost, and the Clerk of this Board be directed to sign the County approval on the form submitted, subject, however, to the provisions of the County Administrators letter of February 26th to the. District Engineers A Motion was made by Commissioner Dritenbas, seconded by Commissioner Macdonald and the following Resolution was unanimously adopted: MAR 6 - 1968 800K 1. PAGE}1 i 5 s COUNTY QONNISSIOAIEEIW RESOLUTION 68-17 On motion of Commissioner Dritenbas , seconded by Commissioner Macdonald the following resolution was adopted! WHEREAS, the State Road Department of Florida has authorized and re- quested Wien RiveCounty to furnish the necessary r16hts of way, borrow pits and easements for that portion of Section 88520, State Road 8-611, extending from a point approximately 468.40 feet South of Citrus Avenue Northerly along Clemanna Avenue to State Road 60 near the Weat City Limits wtic nasebeen surveyed and located by the State Road bepartment as shown by a map on file in the office of the Clerk of the Circb.it Court of said County, and in the office of the seid Dejpirtment 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, and for other expenses of acquiring title to said rights of way, borrow pits and easements by purchase or condemnation, from proceeds of Florida State Development Commission bonds or secondary gasoline tax funds (Section 16, Article IX, of the Florida Constitution, Chapter 26321, Laws of Florida, Extraordinary Session, 1949), 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 lends necessary for said portion of said Section, and deliver to the State Woad Departmer.t 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 bection, and to prepare in the name of said County by its Count Commissioners all condemnation. papers, affidavits and pleadings, and prosecute a]l condemnation proceedings to judgment; and furnish to the Department the abstract search provided for in said Contract. STATE OF FLORIDA R116 • COUNTY OF INDIAN I HEREBY CERTIFY that the fc*'egoing is a true and correct copy of resolu- tion passed by the Board of Counter Commissioners of mum County, Florida, at meeting held the ` P day of A. , A.' D. 1�� ;t a recorded in the Commissioners minutes. IF WITNESS WHEREOF, I hereuntoset my hand and official seal this day of ,A4,4i ses' , A. D. 194p. (SEAL) MAR 6 - 1968 CLERK THE :'ARD OF warn CORMIISSIONERS 0p INDIWItiCIMOV 11 The Administrator reported that he had received word from Mr. Lloyd that he had reviewed the right-of-way maps of 43rd Avenue. The City will have the right-of-way necessary for the completion of 43rd (Clemanns) Avenue through the airport property from Walker Avenue to the North City Line. The Board then adjourned at 11:00 o'clock, and immediately, at the call of the Chairman convened as the Indian River County Agricultural Zoning Boardias provided for in'Section 193.201, Florida Statutes. Present were Robert; W. Graves,Chairman; D. B.. McCuliers, Vice Chairman; Donald Macdona],d;. Richard P. Bogosian and Jack U. Dritenbas, the voting members; and Homer C. Fletcher, County Tax Assessor and Forrest McCullars, County Agent as ex - officio members. The Tax Assessor presented to the Board returns and applications for certain lands described in each return to be zoned as agricultural land. The Board examined the returns, No. 135 to No. 403 inclusive and found that with the exception of Nos. 166, 187, 216, 272, 273, 275, 276, 291, 292, 360, 366 and 370; all of the land described in those returns were used primarily for agricultural purposes. On Motion by Commissioner Macdonald, seconded by Commissioner Dritenbas and unanimously carried all the lands in said returns were zoned as agricultural lands under the provisions of Section 193.201, Florida Statutes. The remainder of the returns, Nos., 166, 187, 216, 272, 273, 275, 276, 291, 292, 360, 366, and 370; making application for the lands therein described to be zoned as agricultural land, the Clerk of the Board is requested to advise each person making the latter returns that the Board has insufficient information required to • establish that said land is actually used for bona fide agricultural purpose; and to provide further information, each person filing one or more of these returns is requested to file with the Board MAR 60 i oa soon 11 ?m177 a further detailed return on CF -A-1, a copy of which shall be furnished to each such person and after these further detailed forms are filed, the Board will take further action on these returns. On a Motion made by Commissioner Bogosian, seconded by Commissioner McCullers and unanimously carried,. the Indian River County Agricultural Zoning Board then adjourned to meet again at the call of the Chairman. The Board then reconvened as Board of County Commissioners. On a Motion made by Commissioner Bogosian, seconded by Commissioner Dritenbas, the following Resolution was unanimously adopted. r . RESOLUTION NO. 68- 18 The Board of County Commissioners of Indian River County, Florida, resolves: 1. That in the suit now pending in the Circuit Court for Indian River County, Florida, No. 550-67, ih illiams vs Indian River County, the Defendant County's insurance carrier, Home Indemnity Company, through its attorneys, is advised that this Board did not intend or believe that it purchased the subject insurance policy in question to cover any public liability for injury or property damage with respect to public roads in the County and that the insurance carrier is authorized to assert the County's governmental immunity in that pending suit and that they have the authority to assert the defense of governmental immunity for any actions or alleged negligence not contemplated by Section 455.06, Florida Statutes. eon PAGtll8 'RSR. 0 1968 "7-,flip The monthly reports•of the County Agricultural Agent, the County Service Officer and the Welfare Caseworker were received and placed on file in the office of the Clerk. On a Motion made by Commissioner Dritenbas, seconded by Commissioner McCullers, Mrs. Gladys Vigliano, County Welfare Caseworker, and Mrs. Anne Smith, Welfare Clerk were unanimously granted permission to attend the Florida Association of County Welfare Executives Convention to be held in Orlando on March 24th through March 26th. On a Motion made by Commissioner Dritenbas, Seconded by Commissioner McCullers, George Stokes, County Service Officer, was unanimously authorized to attend the Statewide Service Officer°s School and Conference in Daytona Beach from May 4, to May 11, 1968. On a Motion made by Commissioner McCullers, seconded by Commissioner Bogosian and unanimously carried, the County Service Officer was authorized to purchase an adding machine at a cost not to exceed one hundred and twenty five dollars ($125.00). On a Motion made by Commissioner Bogosian, seconded by Commissioner McCullers, the applications of Henry Clark and Emil Kaelberer to enter a Florida State Tuberculosis Hospital were unanimously approved. The Sheriff filed with the Board a statement of his appointment of David M. Overall as Deputy Sheriff, whose voting precinct is No. 4 B, and the said Deputy Sheriff filed his bond with the Clerk of the Circuit Court, which was presented to the Board. On a Motion made by Commissioner McCullers, seconded by Commissioner Bogosian and unanimously carried the bond of said Deputy Sheri£f.was approved and ordered filed with the Clerk of the Circuit Court. A Motion was made by Commissioner Dritenbas, seconded by Commissioner McCullers and the following Item to Item Transfer was unanimously approved: MAR 6 0 1968 BOOK 11 PACt179 A/C 90196 20740 21001 21002 ITEM TO ITEM TRANSFER Contingency Reserve County Court Expense Supervisor of Elections, Supervisor of Elections, From •$2,590.00 To ,$90.00 Salary 1,500.00 ;Other Salaries 1,000.00 $2,590.00 $2,590.00 A. Motion was made by Commissioner Macdonald, seconded by Commissioner McCullers that the County remain in the East Central Planning Council for another six months, making membership a full year. Commissioners Macdonald and McCullers voted for the Motion and Commissioner Bogosian and Commissioner Dritenbas voted against the Motion. Chairman Graves voted for the Motion; and it was carried. On a Motion made by Commissioner McCullers, seconded by Commissioner Bogosian, and unanimously carried Commissioner Macdonald was authorized to attend a Board of Director's Meeting of the East Central Florida Planning Council to be held in Titusville on March 16, 1968. 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. 693 to 780 inclusive: Road and Bridge Fund, Nos. 650 to 690 inclusive; Fine and Forfeiture. Fund, Nos. 10 to 18 inclusive; Capital Outlay Fund, No. 148. Such bills and accounts being on file in the office of the Clerk of the Circuit Court, the warrants so issued from the respective funds being listed in the Supplemental Minute Book as provided by the rules of the Legislative Auditor, reference to such record and list so recorded being made a part of these minutes. There being no further business, on Motion made, seconded and carried, the Board adjourned at 12:00 o'clock Noon. rfp-47_,LS MAR 6 - 1968 180 80011' ,. PAGE