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HomeMy WebLinkAbout12/4/1968WEDNESDAY, DECEMBER 4, 1968 The Board of County Commissioners of Indian River County, Florida met in regular session at the Courthouse, Vero Beach, Florida at 8:30 o'clock A. M. Present were Jack U. Dritenbas, Chairman; D. B. McCullers, Jr., Vice Chairman; Robert W. Graves; Donald Macdonald and Richard P. Bogosian. 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 corrections or additions to the minutes of November 20. There were none and upon a Motion made by Commissioner Macdonald, seconded by Commissioner McCullers/the minutes of November 20 were unanimously approved as written. On a Motion made by Commissioner Macdonald, seconded by Commissioner McCullers the Right -of -Way Agreement between the County and John Banks for right-ofTway for SR 507 was unanimously approved. On a :Motion made by Commissioner McCullers, seconded by Commissioner Macdonald and unanimously carried the County Right -of -Way Agent was authorized to purchase five other small parcels for right-of-way for SR 507, cost to be between $100.00 and $150.00 each. A Motion was made by Commissioner Macdonald, seconded by Commissioner Bogosian and unanimously carried that the plan as recommended by the State Road Department and as per proposed maps and plans be accepted by the Board for final alignment for Indian River Drive. On•a Motion made by Commissioner Graves, seconded by Commissioner Bogosian and unanimously carried, the Administrator was requested to advise the State Road Department to proceed with their plans in regard to 19th street between 43rd and 45th Avenues; with the understanding that the County would be unable to participate in the cost. Forrest McCullars, County Agricultural Agent, appeared before the Board stating that a display for the Brevard County Fair would be as costly to the County as would one at the Florida State Fair and that DEC 4 t i5v4 IVAA one at the State Fair would be much'more advantageous. A Motion was made by Commissioner Graves, seconded by Commissioner McCullers and unanimously carried that the invitation for free space at the Brevard County Fair be declined. - On a Motion made, by Commissioner Graves, seconded by Commissioner Bogosian and unanimously carried the change in Pebble Bay Subdivision that the entrance be moved to a more suitable location and that swale ditches be permitted on Carl. Road due to the fact that it is situated in the City of Vero Beach and half••of the Road is completed with swale ditch drainage in lieu of Miami Type Gutters is tentatively approved with the provision that all work be done in compliance to County Subdivision Regulations. A Motion was made by Commissioner Bogosian, seconded by Commissioner McCullers, that the request of Baptist Retirement Center for the use of a small County Park situated at Buckinghammock and 31st Street for the purpose of shuffle boards and other recreational purposes was unanimously approved. On a Motion made by Commissioner Graves, seconded by. Commissioner McCullers, the recommendation of the Administrator that the tentative approval of Pineview Park Subdivision as recorded in the minutes of November 20, 1968, that two 18 inch culverts be used, be changed to read that the 18 inch pipe which was found all ready installed be used and that another 24 inch pipe be installed to complete the drainage, • was unanimously approved. ,BEC 41968 BOOk 11 PAPt445 445 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- lished in said newspaper In the issues of 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 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 advet'- .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 _a$ day of A.D._ b. (SEAM) ... Vii'- (Clerk of ,,'Circuit 415. (Business Manager) urt, Indian River County, Florida) NOTICE NOTICE IS HEREBY GIVEN, that the Board of County Commis- sioners of Indian River County, F1or, ida, will received sealed bids to the hour of 9:00 A. M. on Wednesday, December 4, 1968 for sale to said County the following described per- sonal property. Bids will be opened publicly at the meeting of said Board to be held in the County Commissioners' Room, County Courthouse on December 4, 1988. One (1) new 1969 4 Door Sedan, V8 Engine with minimum of 350 cubic inch displacement and mini. mum of 265 Horsepower, wheel- base to be minimum of 119 inches. Bids must be for car equal to or better than Chevrolet Impala or Ford Galaxie 500. Bid forms and detailed specifics• kion may be obtained at the of- fice of the Administrator, Room 114, County Courthouse, Verb Beach, Florida. Nov. 21, 28, 1968. The Chairman read the foregoing Notice and sealed bids were received and opened as follows: Arnold Ford less trade-in $1,962.54 Fred Coyne Chevrolet " " " 2,193.54 A Motion was made by Commissioner Graves, seconded by Commissioner Bogosian, that the low bid of Arnold Ford in the amount of $1,962.54 was unanimously accepted subject to the specifications as required by the County Administrator. The Administrator reported that he had received word. -from the Caterpillar Company that the endloader would be delivered at the end of the month. A Motion was made by Commissioner Bogosian, seconded by Commissioner Graves, and the request of the Administrator that the employees in his office be bonded under a blanket bond at $1,000.00 per person in lieu of separate bonds was unanimously approved. Mk 11 PA:1446 DEC 41968 On a Motion made by Commissioner Graves, seconded by Commissioner Macdonald, the request of Mr. Maclntyre, operator of the fish camp at Blue Cypress Lake to place a sign on his truck was unanimously approved. The County Administrator presented the tentative plat of a Subdivision known as Hobart Estates Subdivision, Unit #1 and recommended its tentative approval as meeting County Subdivision Regulations with the provision that all work be done in compliance to County Subdivision Requirements. A Motion was made by Commissioner Bogosian, seconded by Commissioner 'Macdonald and unanimously carried and the tentative approval was given for Hobart Estates Subdivision, Unit #1 as recommended by the Administrator. Upon a Motion made by Commissioner Macdonald, seconded by Commissioner Graves the prOJOot&'for the Conduct and Administration, Multi -Service Center Systems,Employment, Child Development and Recreation programs of the Office of Economic Opportunity, as presented by Curtis L. Hunter were unanimously approved. It was announced that the next meeting in'regard to the proposed zoning regulations changes would be held in the Commissioner's Room at the Courthouse at 7:30 o'clock P. M. on December 10th. Commissioner Macdonald presented a list of recommended park improvements for the year 1968-1969 as follows: PROPOSED IMPROVEMENTS ON COUNTY PARKS 1968 - 1969 WIMBROW PARK' Restrooms AMBERSAND BEACH PARK Painting, repairs and general maintenance WABASSO ISLAND PARK Construct launching ramp and parking area: Indian River County Indian River Farm Bureau DEC 41968 $ 600.00 800.00 1,000.00 1,000.00 000K i_1 PAi E447 WEST WABASSO PARK Obtain right of way, build road and do selective clearing WABASSO BEACH PARK Construct Observation Stand General Maintenance 1,500.00 600.00 600.00 KIWANIS-HOBART PARK Install entrance arch at Hobart Road at the east property line of park: Indian River County 1 500.00 Kiwan&s Club 500.00 Hobart Brothers Company XSEBASTIAN INLET PARK Replace water line Install light at launching ramp Increase daily camping to $2.00/day Increase rental to $250.00/mo. ROUND ISLAND PARK Maintenance only • On a Motion made by Commissioner Bogosian, seconded by Commissioner AcCutlexti,the above proposals for Wabasso Island Park, Kiwanis-Hobart Park and Sebastian Inlet Park were unanimously approved for immediate action, with approval for the remainder at a future date. Robert Lloyd, appeared.. for William Van Busch in regard to Vantrician Subdivision. After some discussion, a Motion was made by Commissioner • Graves, seconded by Commissioner Bogosian and unanimously carried that in respect to the prior tentative approval of Vantrician Subdivision, that the Board now approves the following Changes: 1..That the two,Sustreets on either side of 13th Street be not included in the plat. 2.. That 13th Street be paved from property line to property line and culverts installed at the east and west ends. 3. That 14th Street be paved in its full width from 41st Avenue west to the west line of 42nd Avenue. 4. That Mr. Van Busch deposit with paving of the south one half of the Subdivision, to be expended of that half when the North one the County $450.00 for the 14th Street, as shown within by the County for the paving half is paved. DEC 4 1968 Boo 1_1 PAGE 44S William Bolton of the Rockridge Property Owners Association appeared before the Board in regard to the Community Building. He stated that as the Building was County property, the property owners felt that it was the responsibility of the County to maintain it. He was advised that the Administrator would look into the matter of Inaintenanc.e J of the Building. On a Motion made by Commissioner Macdonald, seconded by Commissioner, Bogosian and unanimously carried approval was given for the expenditure of $300.00 for abstracts and $400.00 for appraisal of Kiwanis-Hobart Park, information required for Federal Matching Funds of Kiwanis-Hobart Park by the State. On a Motion made by Commissioner Graves, seconded by Commissioner Bogosian the following bonds were unanimously approved: Edward J. Massey, County Commissioner ....,$2,000.00 Alma Lee Loy, County Commissioner 2,000.00 D. B. McCullers, Jr....County.Comrmissioner 2,000.00 Rosemary, Richey, Supervisor of Elections 500.00 Ralph Harris, Clerk 5,000.00 Miles B. Mank 11, County Judge 5,000.00 Homer C. Fletcher, Tax Assessor 10,000.00 Sam T. Joyce, Sheriff, 10,000.00 On a Motion made by Commissioner Graves, seconded by Commissioner McCullers, the following Budget Amendment was unanimously approved: BUDGET AMENDMENT General Fund Revenue a/c 1292 State Aid to Library Appropriation a/c 23561 Library, State Aid $2,357.00 $2,357.00 On a Motion made by Commissioner McCullers, seconded by Commissioner Graves the pistol permits for Philip J. Arnold, Donald D. Rossko and Marion Nathaniel Hargett were unanimously approved. The Audit Report of the State of Florida, Legislative Auditory #7028 for the last four years, ending September 30, 1967 was received and on a Motion made by Commissioner Graves, seconded by Commissioner Macdonald and unanimously carried, ordered filed in the office of the Clerk of the Circuit Court. eek Ftt;E449 DEC 4 1969 A Motion was made by Commissioner McCullers, seconded by Commissioner Graves and the; State Witness Payroll for the November Term of the County Court in the amount of $150.00 was unanimously approved. A Motion was made by Commissioner Graves, seconded by Commissioner McCullers and unanimously carried that the Courthouse would be closed on December 24th and 25th. The reports of the County Agricultural Agent, The County Service Officer and the County Welfare Caseworker were received and placed on file in the office of the Clerk. Public Hearing regarding bulkhead lines in Indian River County was then held. In attendance were State Representative Charles Davis, Larry Shanks of the Game and Fresh Water Fish Department, Mrs.\ Murray Michaels of the Pelican Island Audubon Society, James Slade Conservationist, and representatives of the City Councils of the Mu icipalities involved. County Attorney, Sherman N. Smith outlined the history of the establishment of bulkhead lines throughout the County and displayed maps and Resolutions. On a Motion made by Commissioner Macdonald, seconded by Commissioner Bogosian the following Resolution was unanimously adopted: v DEC 41968 BOK 11 PAQt45O RESOLUTION NO. 68-g7 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, September 6, 1962 and June 22, 1964, adopt resolutions locating, fixing and establishing a bulkhead line adjacent to or offshore from existing lands or islands bordering on or being in the navigable tidal waters of die county, as defined in Section 253.12, Flori da Statutes, which said lines were formally approved by the Trustees of the Internal Improvement Fund of the State of Florida; and, WHEREAS, the Trustees of the Internal Improvement Fund did on September 17, 1968; adopt a philosophy from the report of the Interagency Advisory Committee of the Trustees and the Trustees did thereafter recom- mend that the Board of County Commissioners and the municipal officials in the State of Florida having initial authority with regard to establishing bulk- head lines use the report .of the Interagency Advisory Committee and the criteria set forth in the Trustees Administrative Rule No. 200-2.02, "Bulk- head Line Criteria" as amended by the Trustees on May 7, 1968, as guides in reviewing existing bulkhead lines and establishing new bulkhead lines within their jurisdiction; and, WHEREAS, this Board of County Commissioners did announce at its meeting on November 20, 1968, that it would hold a public hearing for the purpose of complying with the recommendation of the Trustees of the Internal Improvement Fund and did invite the municipal officials of Indian River County to participate with this Board in this public hearing which has been held; Now, therefore, The Board of County Commissioners of Indian River County, Florida, resolves: 1. That pursuant to the recommendation of the Trustees of the Internal Improvement Fund of the State of Florida, this Board has held a public hearing, heard all those appearing interested in the subject and reviewed all DEC 4 1968 Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960 HOOL 11 A ,t 45x. of the existing bulkhead lines as have heretofore been established as above set forth and does herewith find and determine that all of the bulkhead lines so established are in accordance with the bulkhead line criteria adopted by the Trustees of the Internal Improvement Fund of the State of Florida and are adequate and proper to protect the public interest and the adjacent or nearby upland owners' property and the generaheconomy of the county with the follow- ing exceptions: (a) The bulkhead line change made by the Resolution of this Board adopted September 6, 1962, affecting the area of this County in Sections 28 and 33, Township 30 South, Range 39 East, is, in the judgment and opinion of this Board, established too far offshore. Unique problems are presented in this area because of the location of State Road A1A in this vicinity, a part of which is offshore. For some time now this Board has endeavored to adjust this situation by seeking cooperation of the Trustees of the Internal Improve- ment Fund and the upland owners who have purchased the submerged lands to the bulkhead line. This Board intends to pursue its efforts in this regard and has received an offer of one of the upland owners, Robert P. McLarty, to convey the submerged lands so purchased in exchange for reimbursement of his actual costs. (b) The area of this county on the West shore of the Indian River located North of the City of Sebastian and on the South shore of the Sebastian River. While the bulkhead line in this area is not located nearly so far off- shore as the bulkhead line in (a) above, nevertheless it is and has been the view of this Board that this bulkhead line should be located on or near the shore but here, again, many property owners have purchased the submerged lands out to the bulkhead line and this Board has not been able to resolve that issue. 2. With respect to the areas described in subparagraphs (a) and (b) of Paragraph 1 above, this Board does recommend that the Trustees of the Internal Improvement Fund of the State of Florida offer to accept a conveyance from the upland owners of the previously purchased submerged lands by paying DEC 41968 -2- fJ°° NAri Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960 the upland owners' costs of obtaining these submerged lands and that then the bulkhead line be reestablished. In the interim, no sales of submerged lands in these areas should be made by the Trustees. If the Trustees persist in their present view that they are without legal authority to purchase the pre- viously sold submerged lands, then this Board recommends that the Trustees seek such legal authority in the next session of the Florida Legislature. 3. That this Board has heretofore established a comprehensive procedure for making application for any change in the existing bulkhead line or lines heretofore established and for permits to construct islands or to add to or extend existing lands or islands located in the unincorporated areas of the county bordering on or being in the navigable waters by its Resolution No. 68-16 and that this Board is of the opinion that these procedures so established will result in an orderly processing of such applications and will permit cons- sideration on-sideration of each application on its merits in accordance with established criteria to permit orderly and proper use of uplands and the protection of the interest of the public in the navigable waters. 4. That this Board does herewith recommend to the Trustees of the Internal Improvement Fund that it remove any so-called moratorium on any applications for changes in existing bulkhead lines or applications for purchase of submerged lands or for applications for fill permits in all of the area of Indian River County except those mentioned in subparagraphs (a) and (b) of Paragraph 1 hereof, and that it consider any such applications in the light of the criteria which it has adopted after consideration and recommenda- tions of the officials of the municipality as to areas within any municipality or of this Board as to areas not within any incorporated municipality. 5. That a certified copy of this Resolution be furnished to the Trustees of the Internal Improvement Fund of the State of Florida, the City of Vero Beach, the Town of Indian River Shores, the Town of Orchid, the City of Sebastian and the Honorable Charles E. Davis, Jr. , member of the House of Representatives of the State of Florida. 800k 11 Pur 453 DEC 4 Smith, Heath, Smith & O'Haire, Attorneys At Law, Pg Box 518, Vero Beach, Florida 32960 The Board recessed at 12:00 o'clock Noon and reconvened at 1:30 o'clock P. M. The several billand accounts against the County having been r. audited, were exami"d(a.nd found to be correct were approved and warrants issued in settlement of same as follows: General Fund, Nos. 1876 to 1938 inclusive; Road and Bridge Fund, Nos. 1240 to 1264 inclusive; Fine and Forfeiture Fund, Nos. 144 to 150 inclusive, Such bills and accounts being on file in the office of the Clerk of the Circuit Court, the warrants so issued from the respective.funds 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 then adjourned at 2:OQ o'clock P. M. DEC. 4 19Rq 000k 11 PAGE 454