HomeMy WebLinkAbout6/11/1969WEDNESDAY, JUNE 11, 1969
The Board of County Commissioners of Indian River County, Florida
met in regular session at the Courthouse, Vero Beach, Florida, on
Wednesday, June 11, 1969 at 8:30 o'clock A. M. Present were Jack U.
Dritenbas, Chairman; Richard P. Bogosian, Vice Chairman; D. B. McCullers,
Jr.; Alma Lee Loy and Edward J. Massey. Also present were JackG.
Jennings, County Administrator; Sherman N. Smith, Jr., County Attorney;
Alfred H. Webber and Janet N. Turpan, Deputy Clerks.
Tie Chairman called the meeting to order and asked if there were
any corrections or additions to the minutes of May 21 and June 6, 1969.
There were none and upon a Motion made by Commissioner McCullers,
seconded by Commissioner Loy, the • minutes of May 21 and June 6, 1969
were unanimously approved as written.
Homer C. Fletcher, County Tax Assessor, appeared before-tne ora
with the request for an extension for the Board of Equalization for
a period of 30 days. A Motion was made by Commissioner McCullers,
secondedrby Commissioner Loy, and the following Resolution was unanimously
adopted:
RESOLUTION NO. 69-272
The Board of County Commissioners of Indian River County,
Florida, resolves:
1. That the county assessor of taxes has advised this Board that
the Circuit Court of Lean County, Florida, has entered an order directed to
the Comptroller of Florida requiring the Comptroller of Florida to equalize
the assessment of lands zoned for agricultural purposes in all of the counties
of the State lying within the limits of the Central and Southern Florida Flood
Control District and that pursuant to that order, the Comptroller is now
making a study of the assessments in each of the several counties involved
but that it is now apparent that such study cannot be coretedi C e first
1
GJOK PAGE LJ
JUN 1 1 1969
Monday in July of this year, which is the date prescribed for the assessor to
meet with this Board for the purpose of hearing complaints and receiving
testimony as to the value of real and personal property fixed by the county
assessor of taxes on the tax rolls of the county for the year 1969. In view of
these facts, this Board does deem it necessary to extend the time for the
completion of that assessment roll and for the purpose of revising and
equalizing the assessments. The time for completion of said assessment
rolls is herewith extended to July 23, 1969.
Dewey Walker, County Zoning Inspector, appeared before the
Board, reporting that six zoning violations have been submitted to
the Prosecuting Attorney for legal action and that he is working
with twentyone additional violators in a effort to remove the cause
of violation.
Gordon Wagner of the East Central Florida Regional Planning Council
appeared before the Board requesting that the Commissioners, the
Administrator and the County Attorney attend a meeting at the Langford
Hotel in Orlando on June 25th at 1:30 o'clock P. M. Mr. Wagner stated
that there would be specially skilled professional planners who would
listen to the problems and ideas of the Commissioners and help them to
arrive at an answer.
W. E. Kelly and Fred Briggs appeared before the Board. Mr.
Kelly charged that mining having been dome by representatives of
the Hobart Company caused Mr. Kelly's soil to fall on Hobart land.
He was informed that this was not a matter for discussion by the
Board of County Commissioners and was referred to the judicial courts.
Robert Kopp appeared protesting the destruction of four dogs by
the Humane Society of Vero Beach. Mrs. Kuster of the Society, stated'
that there were five dogs in the
g pack, they were unlicensed, had hook-
worms and appeared to have distemper,, that the Society had picked up
174 dogs in May and that veteranian care for this many dogs would be
economically out of the question. Doctor Lindsay appeared stating
8JOk 1.2 PA,;E J4 4.
JUN 1 1 1969
that though he had not treated the•dogs in question, he had treated
other dogs belonging to Mr. Kopp and that the dogs treated had been
in good condition. There was considerable further discussion and
members of the Humane Society were told that they should hold the
dogs for five days.
The hour of 9:00 o'clock A. M. having passed, the Clerk read
the
following
Notice with prpof of _Pubia.Sation attached to -wit:
•
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
to 9
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 newspaper.
Swom to and subscribed before me this___ -.L1 ` day f _---1p—
a4401"
usiness Manager)
(SEAU
I, •
t'•
NOTICE
Nd'TICE IS HEREBY GIVEN
that:
1. The Florida East Coast Rail-
way Company has filed its Pe-
tition .with the Board of County
Commissioners of Indian River
County, Florida, requesting said
Board to adopt a resolution re-
nouncing and disclaiming any right
of the county and the public in and
to the public railroad crossing on
the Old Dixie Highway between the
Fellsmere Road and Schumann
• Drive at Railway Mile Post
216 + 20.
"•• 2. Bobby Collins has filed his pe-
" titian with the Board of County
i,• • Commissioners of Indian River
• County, Florida, requesting said
Board to adopt a resolution re-
nouncing and disclaiming any right
of the county and the public in and
to all land or interest therein ac-
quired for street, road or highway
purposes shown as Pine Avenue on
Jenning's Addition to Quay, ac-
cording to plat recorded in the of-
fice of the Clerk of the Circuit
Court of St. Lucie County, Florida,
in Plat Book 4. page 15, insofar
as the same pertains to that portion
of Pine Avenue between the Quay
Dock Road and State Road 5 or
U. S. Highway No. 1 as the same
now exists.
3. Ralph Stngner has filed his pe-
tition with the Board of County
Commissioners of Indian River
County, Florida, requesting said
Board to adopt a resolution re-
nouncing and disclaiming any right
of the county and the public in and
to all land or interest therein ac-
quired for street, road or highway
purpose delineated and shown on
the plat of Dixie Heights Subdi-
vision as Riverview Road which lies
• between' Kelly Road and Old Dixie
Highway excepting only that por-
tion thereof existing outside of a
50 foot radius at the intersection
of Keily Road and Old Dixie High-
way.
None of the foregoing railroad
crossings, streets, roads or high-
ways now constitutes or vas ac-
quired for a state or a federal high-
way and none is located within the
limits of any incorporated munici-
pality.
Said Board will hold a public
hearing thereon at 0:00 o'clock A.M.
on June 11 1959, in the tnecting
room of said Board in the Indian
River County Courthouse, Vero
Beach, Florida. Persons interested
may appear and be heard at that
time.
BOARD OF' COUNTY COi1I-
MISSIONERS, INDIAN RIV-
ER COUNTY, FLORIDA
By: Jack U. Dritcnbas,
Chairman
1lav V. 1:Ri9.
(Clerk ' the Circuit Court, Indian River County, Florida)
The Vice Chairman then asked if anyone
present wished to be heard. Charles S.
Zimmer, Mayor of Sebastian, appeared and stated
that he was appearing on behalf of the Sebastian
Volunteer Fire Department, and that the closing of the railroad
crossing on the Old Dixie Highway between the Fellsmere Road and
Schumann Drive at Railway Mile Post 216 +20 would endanger many of
the homes in the area because of inacessability
JUN 1I 19's
in the event
VOD oA
fire. Messrs. Lembo and Mr. Brown, also of the area, appeared
stating the many inconveniences which would be caused by the
closing of the crossing, one of which would be the loss of school
bus service to the residents of the area. Mr. Corbett of the
Florida East Coast Railroad Company also, appeared and stated that
if the crossing were used by a school bus, and thea of the County
decided to retain the crossing, in lieu of purchasing right-of-way
and paving a road between Schumann Drive and the Fellsmere Road,
he would certainly do whatever he could to influence his company to
install signals on a 50-50 basis with the County to make the
crossing'as safe as possible. On a Motion made by Commissioner Massey,
seconded by Commissioner IlcCullers and unanimously carried, action
on the abandonment of the railroad crossing on the old Dixie Highway
between the Fellsmere Road and Schumann Drive was deferred until the
matter could be given further study and consideration, and that the
crossing would not be closed until such a time as a road between
Schumann Drive and Fellsmere Road had been completed.and was ready
for use.
There was no one present who wished to be heard regarding Item
#2, Bobby Collins petition and on a Motion made by Commissioner
McCullers, seconded by Commissioner Massey, it was unanimously carried
that request for abandonment be granted.
There was. no one present who wished to be heard regarding Item
#3, Ralph Stogner petition and on a Motion made by Commissioner Massey,
seconded by Commissioner.McCullers, it was unanimously carried that
request for abandonment be granted.
On a Motion made by Commissioner Massey, seconded by Commissioner
Loy, the following Resolution was unanimously adopted:
fiJOK° 12 pA ;E 2tJ6
JUN111
•
RESOLUTION NO. 69- 28
The Board of County Commissioners of Indian River County,
Florida,resolves:
1. That the Florida East Coast Railway Company filed a Petition
with this Board requesting this Board to renounce and disclaim any right of
the county and the public in and t� the public railroad crossing on the Old
Dixie Highway between the Fells mere . Road and Schumann Drive at Railway
Mile Post 216 + 20.
•
2. That Bobby Collins filed a Petition with this Board requesting
this Board to renounce and disclaim any right of the county and the public in
and to all land or interest therein acquired for street, road or highway pur-
poses shown as Pine Avenue on Jenning's Addition to Quay, according to plat
•
recorded in the office of the Clerk of the Circuit Court of St. Lucie County,
Florida, in Plat Book 4, page 15, insofar as the same pertains to that portion
of Pine Avenue between the Quay Dock Road and State Road 5 or U. S. Highway
No. 1 as the same now exists.
3. -That Ralph Stogner filed a Petition with this Board requesting
this Board to renounce and disclaim any right of the county and the public in
and to all land or interest therein acquired for street, road or highway pur-
poses delineated and shown on the plat of Dixie Heights Subdivision as River-
view Road which lies between Kelly Road and Old Dixie Highway excepting
only that portion thereof existing outside of a 50 foot radius at the intersection
of Kelly Road and Old Dixie Highway.
4. None of the foregoing described railroad brossings, streets,
roads or highways. now constitutes or was acquired for a state or federal high-
way and none is located within the limits of any incorporated municipality.
5. That on May 7, 1969, this Board did adopt a resolution declarin
that a public hearing would be held to consider the advisability of granting the
request made in said petitions and of exercising the authority granted by
Section 336.09, Florida Statutes, and that such public hearing would be held
in the County Commissioners' Room, Indian River County Courthouse, Vero
Beach, Florida, at 9:00 o'clock A.M. on June 11, 1969.
12 A:,, 237
juN
' Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 329110
6. That this Board did publish notice thereof one time on May 15, .
1969, in the Vero Beach Press Journal, a newspaper of general circulation in
said county, said publication being at least two weeks prior to the date stated
therein for such public hearing, as will more fully appear by proof of publica-
tion thereof filed in the minuted of this meeting.
7. That said railroad crossings, streets, alleyways, roads or
highways as shown and delineated on the above plats are not located within the
limits of any incorporated municipality, were not acquired for nor now or
heretofore used for *a state or federal highway.
8. That at the time and place stated, this Board did hold the adver-
0
tised public hearing and all persons interested were heard.
9. Action on the Petition of the Florida East Coast Railway Company
as recited in Paragraph 1 hereof is deferred for further consideration at a later
date, with instructions to the County Administrator to make a study to deter-
mine the feasibility and cost of extending the road on the west side of the
railway at this crossing southward to connect with Schumann Drive and to
consider the advisability and cost of the necessary alterations to the crossing
if it is to remain open, including installation of traffic control signals.
10. The Board of County. Commissioners of Indian River County,
Florida, does herewith renounce and disclaim any right of the County and the
public in and to:
(a) Pine Avenue on Jenning's Addition to Quay, according to
plat recorded in the office of the Clerk of the Circuit Court of St.
-Lucie County, Florida, in Plat Book 4, page 15, insofar as the
same pertains to that portion of Pine Avenue between the Quay
Dock Road and State Road 5 or U.S. Highway No. 1 as the same
now exists.
(b) All land or interest therein delineated and shown on the
plat of Dixie Heights Subdivision as Riverview Road which lies
between Kelly Road and Old Dixie Highway excepting only that
portion thereof existing outside of a 50 -foot radius at the inter-
section of Kelly Road and Old Dixie Highway. nook -2- JUN 11 1969 12 -AA238
Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960
•e.
and does herewith vacate, abandon, discontinue and close all of the above.
11. Notice of the adoption of this resolution shall be published one
time within thirty (30) days following its adoption in one issue of a newspaper
of general circulation published i n the County. The proof of p ublication of
the notice of the adoption of this resolution shall be recorded in the deed
records of Indian River County, Florida.
Smith, Heath, Smith & O'Haire, Attorn ys At Law, P. O. Box 518, Vero Beach, Florida 32940
•
The County ;Administrator presented a final plat of a
Subdivision known as River Shores Estates Subdivision, Unit #4,
and recommended its final approval as meeting County Subdivision
Requirements. Upon a Motion made by Commissioner McCullers,
seconded by Commissioner Massey and unanimously carried the
recommended final approval was given for River Shores Estates
Subdivision, Unit #4, with the provision that the ditches and
roads be maintained by the developer for a one year period before
maintenance is accepted by the County.
The Board then adjourned at 12:00 Noon and reconvened at 1:45
o'clock P. M.
County Sheriff, Sam T. Joyce; Mr. Don Karseboom representing
the Fellsmere Volunteer Fire Department; Mr. J. B. Norton and Mr.
William Ashley representing the Vero Beach Chamber of Commerce;
and Mr.J. A. Thompson and Mr. William McClure representing the
School\Board all presented budget requests for'69-70 which were
taken under consideration.
The State of Florida Legislative Auditor's Report No. 7157,
which was made on the audit of the accounts and records of the
Central and Southern Florida Flood Control District, for the fiscal
years ended June 30, 1964, June 30, 1965, June 30, 1966, June 30, 1967
and June 30, 1968 was received and placed on file in the office of the
Clerk.
On a Motion made by Commissioner Bogosian, seconded by Commissioner
McCullers, the applications of Clayton Broward McCullers, Ruel Cyrus
Grinion, Walter Frank Wyatt and Paul Stephens for admission to a
Florida State Tuberculosis Hospital were unanimously approved.
On a Motion made by Commissioner Bogosian, seconded by Commissioner
McCullers, the following Resolution was unanimously adopted:
►itJ;JK „.2. .0
8 V
RESOLUTION NO. 69-29
.8 V Pa/cwi.Ivo, .2,//$,f
•i
WHEREAS, Indian River County, Florida, acting by and through its
Board ,of County , Commissioners, has heretofore pursuant .to law 'established.
a department of county government known as Indian.River County Civil
Defense Department to act in accordance with and in support of the State
Civil Defense Plan and. Programs pursuant to law; and,
WHEREAS, Chapter 252, Florida Statutes, vests in this board the
authority to adopt orders, rules and regulations establishing abasic
civil defense plan for Indian River County, Florida; Now, therefore,
BE IT RESOLVED by the Board of County Commissioners of Indian
River County, Florida, that this Board does herewith promulgate and
adopt the orders, rules and regulations set forth in the attached
document entitled "Indian River County, Florida, Basic Civil Defense
Plan (Revised 1969) consisting of__, pages, plus Annex I Sections:
A and B, Annex II, Annex III, Anne_,__x IV, Annex V, Annex VI, Annex VIII,
Annex X, .Annex XI, Annex XIII, and Annex XIV with Appendix A, B, C and,
D, all of which constitutes the Indian River County, Florida, Basic
.'Civil Defense Plan (Revised 1969), pertaining to the possibility.of
the occurance of disasters or emergencies of unprecedented size and
destructiveness resulting from enemy attack, sabotage or other hostile
'action or from natural causes in order to insure that preparations of
or/this county will be adequate to deal with such disasters or emergencies;:`:::;:
and generally to provide for the common defense and to protect the
.public peace, health and. safety and to preserve the lives and property
of the people of this county and to provide for the rendering of muruah»•
aid among the political subdivisions of the state and with other states;'.
and with the federal government with respect to carrying out all civil:,:;
defense functions and responsibilities other than those for which ,''
military forces or other federal agencies are primarily responsible,
which.is hereby declared to be a comprehensive plan and program for
the divil defense of this county; and, o
BE IT FURTHER RESOLVED that the orders, rules and regulations so
promulgated as the Indian River County, Florida, Basic Civil Defense
Plan (Revised 1969) are ordered filed in the office of the Clerk of
the Circuit Court as ex officio Clerk of this Board which thereupon
have the full force and effect of law and all existing laws, rules and',
,regulations inconsistent with the Indian River County, Florida, Basic
Civil Defense Plan (Revised 1969) shall be suspended during the period
of time and to the extent that such conflict exists; provided, however,.
that the emergency powers and provisions relating to the event of actual.
enemy attack against the United States may be exercised only after a
declaration of a state of emergency by the Governor or in the event of
an emergency resulting from natural phenomenon or accident, upon a
declaration of a state.of emergency btrethe Board of County Commissioners...
pf Indian River County, Florida, for a period not to exceed forty-eight .
-(4$) hours unless further extended by the Governor; provided, however,
that nothing in this Resolution nor the Indian River County, Florida,
,.Basic Civil Defense Plan (Revised 1969) shall be in conflict with or
abrogate the responsibilities and functions of the American National Red.
Cross under conditions of natural or accidental disaster.
•
JUN 1
A ,•
�, r
r
7 :•R
f *l/1 ill AD. ?./h9.41011.
7 R . paleMl Nn. ,J, //8, fll
.V. Direction and.Control
A. Direction and control of Civil Defense operations as
prescribed by this plan rests with. the Board of County
Commissioners, subject to overall coordination by the
State Civil Defense Department, for. Civil Defense
activities and by the State ResourcesManagement
organization for resources management activities.
B. Vero Beach, Fellsmere, Sebastian, Orchid and Indian .
River Shores, not having attained the egaiitired
operational capability, to direct and control Civil.
Defense operations in their municipalities according
'to their municipal plans are subject to overall
direction and control of the Board of County Com-
missioners.
C. Chiefs of services in both the county and municipal
organizations, under the overall coordination of the
Civil Defense Directors, retain authority and responsi--
bility for handling matters within their respective
• fields of activities, for developing SOP's andoperating
their services in accordance with these SOP's.
•
/S/ Jack. U. Dritenbas
Chairman, Board of Civil
County ` ssioners•-: .,k • ;
By
i6NLits;'N
D fense Director
•1
•I
Page 2
Gladys Vigliano, County Welfare Caseworker, appeared in regard
to new'legislation appertaining to the Welfare Department. On a Motion
made by Commissioner Loy, seconded by Commissioner Massey, the
following Resolution was unanimously adopted:
JUN 1 1
gook 12 4. 2 .2
RESOLUTION NO. 69- 30
The Board of County Commissioners of Indian River County, Florida,
resolves:
1. Every applicant for public assistance through expenditure of
funds within the control of the Board of County Commissioners of Indian River
County, Florida, must at the time of application be residing in Indian River
County with intent to remain. A "resident" is any person who is living in the
County voluntarily (not for a temporary purpose) with no intention of leaving.
2. The' administration of the expenditure of such funds to such a resi-
dent shall be under the direction of the Director of Welfare.
•
3. The Director of Welfare may authorize emergency medical assis-
tance after the Director has determined that no other resources are available
4. The Director of Welfare may authorize general assistance to a
destitute resident by authorizing one food voucher per week, not to exceed
four consecutive weeks, in amounts of $5.00 for one person or a family of
four, $7.50 for a family or six or seven, and $10.00 for a family of eight or
more.
5. The Director of Welfare may authorize hospitalization only for
acute or emergency cases, and then only when no other resources are avail-
able.
6. The Director of Welfare may authorize on an emergency basis
nursing home care when no other resources are available and when the person
is a resident who meets the qualifications for welfare assistance by the State
of Florida.
7. The Director of Welfare may authorize burial of a pauper at a cost
to the County not to exceed $87.00 for an adult or $35.00 for a child, and. then
only when no other resources are available.
8. The Director of Welfare shall report to this Board at each of its
regular meetings all of her actions under this authority and the actual expendi-
ture of funds under the control of this Board is subject to the approval of this
Board.
OM 12 F'At;
213
�t'
Smith, Heath, Smith & O'Haire, A �e�'s' '`�, P. O. Box 518, Vero Beach, Florida 32969
9. The Director of Public Welfare shall maintain a record of all
expenditures from County funds authorized by this Resolution, including a
separate ledger entry showing each and all expenditures made for one person.
or one family, a list of any assets of any recipient. of such funds, the filing
• of liens or claims for reimbursement of expenditure of such funds, and the
death of any recipient in order that this Board may take any and all action
authorized by law to recover from the recipient or his estate any such
expenditures of such funds.
-2-
JUN 1 1 1969
Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 3296p
Km 12 ,A,-4214
O
The monthly reports of the County Welfare Caseworker, the
County Agricultural Agent and the County Service Officer were
received and placed on file in the office of the Clerk.
On a Motion made by Commissioner Bogosian, seconded by
Commissioner McCullers, the out of County travel of Forrest McCullars,
County Agricultural Agent to the Indian River Field Laboratory at
Fort Pierce on May 27 to coordinate a Herbicide Program was unanimously
approved.
On a Motion made by Commissioner Bogosian, seconded by Commissioner
McCullers, the recommendation of the Citizens Scholarship Foundation
of Indian River County, that the scholarships from the Martell
Scholarship are to be awarded as follows: Jay Young $500.00, Melvin
Rosenberg $500:00 was unanimously approved.
On a Motion made by Commissioner Bogosian, seconded by Commissioner
McCullers the State Witness Payroll for the Circuit Court, Spring
Term, 1969 in the amount of $455.40; the State Witness Payroll for
the County Court, May Term, 1969 in the amount of $210.85; the State
Witness of the County Court for the May, 1969 Term in the amount of
$180.14 and the State Witness Payroll for the Circuit Court for the
Spring Term, 1969 in the amount of $30.48 were unanimously approved.
On a Motion made by Commissioner Massey, seconded by Commissioner
Loy, it was unanimously carried that the County Administrator and
the County Attorney proceed with acquisition of Lots 8 and 9, Block
30, Original Town for the sum of $22,800.00 in accordance with the
appraisal made by Charles Jewett.
On a Motion made by Commissioner Loy, seconded by Commissioner
Massey and unanimously carried authorization was given to advertise
for public hearing for the zoning change requested by James E.
Bushnell.
On a Motion made by Commissioner Massey, seconded by Commissioner
Loy it was unanimously carried that the County Administrator is given
permission to have Dickerson Inc., while they are here to pave 6th
Avenue, pave a bridge intersection, pave the driveway to the Jail and
pave the parking area at the County Barn.
JUN 1 1 1559
GOax 12 rA..t2l5
On a Motion made by Commissioner Bogosian, seconded by
Commissioner Massey and unanimously carried, the Administrator was
unanimously authorized to advertise for a tractor and a six foot
rotary mower.
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. 2632 to 2686 inclusive; Road and Bridge Fund, Nos. 1612 to 1651
inclusive; Fine and Forfeiture Fund, Nos. 237 to 249 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 busines, on Motion made, seconded and
carried, the Board then adjourned at 5:00 o'clock P. M.
ATTEST:
CLE
WM 12 216
JUN 11 1969 tie