HomeMy WebLinkAbout11/5/1969WEDNESDAY, NOVEMBER 5, 1969
The Board of County Commissioners of Indian River County, Florida
met in regular session at the Courthouse, Vero Beach, Florida on
Wednesday, November 5, 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
Jack G. Jennings, County Administrator; Paul D. Burch, Attorney to
the Board of County Commissioners; Alfred H. Webber and Janet N. Turpan,
Deputy Clerks.
The Chairmancalled the meeting to order and asked if there were
any additions or, corrections to the minutes of October 22. There
were none and upon a Motion made by Commissioner Loy, seconded by
Commissioner Massey, the Minutes of Octoberr22, 1969 were unanimously
approved as written.
Dewey Walker reported that there were two court cases on zoning
violations which were scheduled for November 19, 1969; and that he
was waiting to contact some other persons in regard to zoning violations.
On a Motion made by Commissioner McCullers, seconded by Commissioner
Massey, authorization for advertisement for a public hearing for a
zoning change in Kenneth Pangburn's Tropical Park, Wabasso, Florida
from R-3 to C-1 was unanimously approved.
The County Administrator presented a final plat of a Subdivision
known as Vantrician Subdivision and recommended it final approval as
meeting County Subdivision Requirements. On a Motion made by Commissioner
Massey, seconded by Commissioner McCullers and unanimously carried,
the recommended final approval was given for Vantrician Subdivision,
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, and the Clerk is instructed to place Mr. Van Busch's check
in escrow pending the completion of the ditches, at which time Mr.
Van Busch will be refunded in the amount of $1,000.00.
On a Motion made by Commissioner McCullers,;,,,seconded by
Commissioner Loy, the following Resolution was unanimously adopted:
NOV 3
1969 4Vc: 1 M "" ': fl1
RESOLUTION NO. 69-64
The Board of County Commissioners of Indian River County,
Florida, resolves:
1. That each of the parcels of property hereinafter described has
been acquired by Indian River County, a political subdivision of the State of
Florida, on the date hereinafter stated, for the purpose of constructing a
public road on said property as hereinafter identified, and that all of the taxes
levied upon said parcels for the year 1969 upon the tax rolls of Indian River
County, Florida, shall be only that portion of the taxes levied which the part
of such year.that had expired at the date of such acquisition bears to the entire
year, and that the remainder of such taxes for such year shall stand cancelled.
2. The public road for which said parcels were acquired, the
date of acquisition and descriptions of the parcels so acquired is as follows:
12 PACE 400
Smith, Heath, Smith & O'Halre, Attorneys At Law, P. 0. Box 518, Vero Beach, Florida 32960
NOV 51969
a. State Road S-611, Section 88520-2602, date of acquisition -
October 24, 1969:
Real'property located in Indian River County, Florida:
•
Parcel No. 128.1
The Westerly 5 feet of Lot 12, Block 5, according to the
plat of Sunnyside Park as recorded in Plat Book 1, at
Page 7, of the Public Records of Indian River County,
Florida, in Section 3, Township 33 South, Range 39 East,
. Indian River County;
Containing 293 square feet, more or less,
Parcel No. 148.1, 148.2
The West 15 feet of the West 20 acres of Tract 5,
according to last general plat by Indian River Farms
Company of Section 15, Township 33 South, Range 39
'East, as recorded in Plat Book 2 at page 25 in the Public
Records of St. Lucie County, Florida, being that part of
said West 20 acres which lies within 40 feet of the West
line of said Section 15; LESS AND EXCEPTING that por-
tion which lies within 60 feet of the South line of the
NW 1/4 of said Section 15;
Containing 0.44 of an acre, more or less.
AND
That part of said West 20 acres of said Tract 5 which
is included in the external area formed by a 25 foot
radius arc tangent to a line 40 feet Easterly of and
parallel to the Westerly line of said Section 15 and
tangent to a line 60 feet Northerly of and parallel to the
Southerly line of the NW 1/4 of said Section 15;
Containing 134 square feet, more or less.
Parcel No. 152.1
The Westerly 5 feet of Lots 11 and 12, Block 4, accord-
ing to the Plat of Sunnyside Park, as recorded in Plat
Book 1, of Page 7 of the Public Records of Indian River
County, Florida, in Section 3, Township 33 South, Range
39 East, Indian River County;.
All containing 600 square feet, more or less.
3. A certified copy of this Resolution shall be delivered to the
Tax Assessor of Indian River County, Florida, who is hereby, directed to
furnish the Tax Collector of Indian River County, Florida, a certificate equi-
tably apportioning taxes levied for the year 1969 to the parts acquired and to
the remaining lands.
4. A 'certified copy of this Resolution shall be delivered to the
E' g 12 E E
-2-
Smith, Heath, Smith & O`Haire, Attortteys A! Law, P. O. Box 518, Vero Beach, Florida 32963
NOV 5 1969
Tax Collector of Indian River County, Florida, who is hereby directed, upon
receipt of said certificate, to calculate and prorate against the remaining
lands the portion of taxes levied against the parts taken to the date of acqui-
sition and to cancel the portion of such taxes levied against the parts taken
from and after such date of acquisition.
5. Said officials are hereby authorized, empowered and directed
to make proper entries upon the records to accomplish the cancellation of
that part of the taxes for the year 1969 as is hereby directed and to do all
things necessary to carry out the provisions of this Resolution.
A 6-1 701
Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960
,NOV 51969
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On a Motion made by Commissioner Massey, seconded by Commissioner
McCullers, it was unanimously carried that the Administrator be
authorized to construct a temporary map room on the second floor of
the annex at a cost of approximately $1,400.00..
The hour of 9:00 o'clock having passed, the Chairman read the
following notice with proof of publication attached, to -wit:
VERO BEACH PRESS -JOURNAL.
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
•
Before the undersigned authority personally appeared J. J. Schumann, who on oath
says that he is Business Manager of the Vero Beach Press-Joumai, a weekly newspaper
published at Vero
Beach in Indian River County, Florida; that the attached copy of advertise-
ment; being a
In the matter of __0 ".L I) _ \NO-$
W 4.1L. -
in the
Iishea in said newspaper in the issues of
Court, was pub-
&(*__Iso Tk3_ _t
Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at
Verb 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 and class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for '• 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-
tiseiii nt for publication in the said newspaper.
Sworn to and subscribed before me this ._____ _ __.day of._ -
(SLAL)
A.D I
���t�Y.
(Business iRaL)/ tI
,f �is�JCs e.ev
(Cieriy Fthe Circuit Court, Indian River County, Florida)
NOTICE
NOTICE IS IIEREBY GIVEN;
That the Board of County Commis-
sioners of Indian River County,
Florida, will . receive sealed ibds
to the hour of 9 o'clock A. M. on
November 5, 1969 for sale to said
county the following described per-
sonal property. 131d will be opened
publicly at the meeting of said
board to be held in the County
Commissioners Room, County Court-
house, on November 5, 1969.
One (1) New Steam & Pres-
sure Wash Cleaner
Bid form and detailed specifica-
tion may be obtained at the of-
fice of the Administrator, Room
114. County Courthouse, Vero Beach,
Florida.
Oct. 16, 23, 1969.
The Chairman then called for receiptof bids in accordance with
the Notice, and the following sealed bid was received, opened and
read:
M. D. MOODY & SONS, INC 1550 series $1,895.00
The bid was referred to the Administrator for evaluation.
103
NOV 5 1969 Ad
••
The County Administrator presented a final plat of a Subdivision
known as Hobart Estates Subdivision, Unit #1, and recommended its
final approval as meeting County Subdivision Requirements. On a
Motion made by Commissioner McCullers, seconded by Commissioner Loy
arid unanimously carried, the recommended final approval was given
for Hobart Estates Subdivision, Unit #1 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 Administrator was requested to answer a petition submitted
by Lester McGriff appertaining to street lights and paving on 29th
Avenue.
On a Motion made by Commissioner Loy, seconded by Commissioner
Massey, Economical Opportunities Application Form CAP -46 for 1969-
1970 was unanimously approved and the Chairman was authorized to
sign the application.
A letter having been received from the State Department of
Transportation reporting that the bids received on flashing type
school. signals were rejected on the basis of being excessive; the
Administrator was requested to write Mr. Owens and request that
the signals be readvertised as soon as possible.
The hour of 9:30 o'clock having passed, the Chairman read
the following notice with proof of publication attached, to -wit:
NOV* 5 1969
VERO BEACH .PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
CO OF INDIAN RIVER:
STA,E OF FLORIDA
•
Before the undersigned authority personally appeared J. J. Schumann, who on oath
i
says that he s Business Manager of the Vero Beach Press-Joumal, a weekly newspaper
published at Vero Beach In Indian .River County, Florida; that the attached copy of advertise-
menl, being a--tS-B:.r—
• 1,
in the matter of _1—,i_'� rl e_y
in the Court, was pub-
,}
lis* iri said newspaper in the issues of
� _c —_1LI )-3 ; lqi L 9
Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at
Vero ;,Beach, in said Indian River County, and that the said newspaper has heretofore
beet frontinuously 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-
tiseittent; 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-
tisetiient for publication in the said newspaper. /.
Swoth to and subscribed before me this
!_4fr1
(Business Manager)
(Clerk of J'r Circuit Court, Indian River County, Florida)
(SEAL)
NOTICE
NOTICE IS HEREBY GIVE4N
that• the Board of County Commis-
pioners of Indian River County,
Florida, will receive sealed bids to
the hour of 9:30 A. M. on Wednes-
Sday, November 5, 100, and at the
'same time publicly open the same
at a meeting of said Board to be
held in the County Commission
Room, Indian River County Court -
?louse, Vero Beach, Florida for sale
to said County of the following ma-
iEerlal to meet the needs of the
County through September 30, 1970.
"Pit" mix soil cement — bid-
ders to furnish stockpiled
marl suitable for soil -cement
stabilization. A minimum
processing area of 100' x 250'
is required. The county is to
Load and haul the "pit" mixed
soil -cement to the areas desig-
nated by the County Adminis-
trator. Processing and finish-
ing of the "pit" mixed soil -
cement shall conform to the
"Standard Specifications for
Soil -Cement Construction for
Indian River County."
Bid price is to include all
material, tools, labor and
equipment necessary for the
"pit" mix soil -cement based
on pit measurement at a unit
price per square yard.
is The Board of. County Commis-
sioners reserves the right to re-
ject any or all bids and to waive
any informalities and to make
awards in such manner as they
'consider best for the interest of
Indian River County, Florida.
All bids shall be in an envelope,
securely sealed and marked on
the outside "Bid for "pit" mix soil -
cement, open date November 5,
1969."
This 13th day of October, 1969.
BOARD OF COUNTY COM-
MISSIONERS OF INDIAN,
RIVER COUNTY, FLORIDA
By: Jack U. Dritenbas
Chairman
pct. 16, 23, 1969.
The Chairman then called for receipt of bids in accordance with
the Notie, and the following sealed bid was received, opened and
read:
Pan American Engineering Company
$1.40 per sq. yard
The bid was referred to the Administrator for evaluation.
On a Notion made by Commissioner Loy, seconded by Commissioner
McCullers, the following Resolution was unanimously adopted:
Pg'
z_ N OV 51969
Rev. 7-15-69
• k* •
COUNTY COMMISSIONERS RESOLUTION 69-65
On motion of Carnnissioner L 0 Y
Commissioner 11e C U L L E R S the following resolution was adopted:
WHEREAS; the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION has authorized
end requested Indian River County to furnish the necessary rights of way, borrow
pits and easements for that portion of Section 88520, State Road Mil, from Oslo
Road Northerly along Clema„ns Avenue to Citrus Road, •
, seconded. by
which has been surveyed and located by the STATE OF FLORIDA TEPA -4 0+' OF
TRANSPORTATION as'shown.by'a map on file in the Office of the Clerk of the Circuit.
Court of said County, and in the office of:the said Department at Tallahassee, and
WHEREAS, thesaidDepartment 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, tenant's,''fences, buildings
and/or other structures and improvements upon or encroaching 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 OF FLORIDA DEP,1 DOT OF TRANSPORTATION be and
.t 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
State of Florida Department of General Services bonds or secondary gasoline tax
funds (Article XII, Section 9(4), of the Florida Constitution, and Section
335.041, Florida Statutes, as amended), 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 OF FLORIDA DEPARTMENT OF
TRANSPORTATION 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 an.:easements for said portion of said Section, and to
prepare in the name of said County by its County Commissioners all condemnation
papers, affidavits and pleadings, and prosecute all condemnation proceedings
to judgment; and furnish to the Department the abstract search provided for in
said Contract
STATE OF FLORIDA )
COUNTYINDIAN RIWR ) •
I HEREBY CERTIFY that the foregoing is a true and correct copy of reso-
lution passed by. the Board•of County Commissioners of Indian River County, Florida,
at meeting held the Jrday .of /Vo ve i 9ek , A. D. 194;70 and recorded in the
Commissioners minutes.
IN WITNESS WHEREOF, S hereunto set my hand and official seal this 3'
day ofA/ovCat r ek , A. D. 190.
(SEAL)
0 ' Lr�D!A V'7t CO'I PY, pLO:tiA1 t, J J , `'
NOVRI5 i96� .� ' PAct4d6
•1
On a Motion made by Commissioner McCullers, seconded by
Commissioner Bogosian,it was unanimously carried that the
Administrator contact the State Department of Transportation in
regard to using local appraisers in the procurement of right-of-way;
and approval was given for title search, subordination agreements
and other, in the procurement of right-of-way for SR 507 from
Fellsmere to the North County Line.
The Administrator reported that the area at Blue Cypress Lake
was badly flooded; but that the road leading to the Holman Property
was passable and that "travel at your own risk" signs had been placed
on the road. The Attorney to the Board suggested that the County do
whatever it could to work with the Holmans to better the conditions
there. On a Motion made by Commissioner McCullers, seconded by
Commissioner Loy, it was unanimously carried that the Attorney to
the Board be requested to answer a letter written by Mr. Holman in
regard to damage by the flooding waters.
Commissioner Loy left the meeting to sit with Judge Mank and
count the absentee ballots.
Richard Flesher appearing before the Board in regard to the
Roseland Dump was requested to submit a proposal to the Board and
to bring a legal description of his property adjoining the dump.
The Attorney reported that he had researched the legal aspect
of maintenance of the railroad crossings , and had found that the
railroad company was required to keep the crossingsin good condition.
The Administrator was requested to survey the railroad crossings in
the County as to condition; and the Administrator and Clerk were
requested to make a search for railroad contracts and conditions of
prior payments to the railroad company.
The Attorney to the Board reported that an investigation had
been made into the County's tort liability insurance, and he has
found that the County is presently covered and that a meeting will
be held next week for the purpose of finalizing the insurance.
ESQ
Commissioner Loy returned to the Meeting. I ;;J 'q ;r40
On a Motion made by Commissioner Loy, seconded by Commissioner
K .m ov 51969
Os
VININNOW
Massey, it was unanimously carried that the audit report of the
Indian River Mental Health Center, Inc. of June 30, 1969 made
by McAlpin, Curtis & O'Haire was received and placed in file in
the office of the Clerk.
The Administrator was reques1z to reply to•a letter from Doctor
Provost, Director of the Entomological Research Center in regard to
the possibility of the future upgrading and modernizing of the Oslo
Dock Road.
On a Motion made by Commissioner Massey, seconded by Commissioner
McCullers, the contract with the United States Geological Department
in regards to boring on County Property was unanimously approved and
the Chairman was authorized to sign the Contract.
A Resolution was received from the Board. of County Commissioners
of Charlotte County regarding taxation of mobile homes. It was
decided that the Board would retain the Resolution for further study.
A letter was received from the State Association of County
Commissioners including a Resolution being submitted by Florida
Counties requesting the repeal of the new immunity law.
A letter was received from Lou Frey, State Congressman, regarding
the observance of Veteran's Day.
,A Motion was made by Commissioner Loy, seconded by Commissioner
McCullers and unanimously carried that the Clerk be instructed to
retain the Capital Outlay Check in the amount; of $55,650.00 for the
purchase of additional Kiwanis-Hobart land until he is instructed by
the Attorney to the Board to turn it over to the seller.
The Sheriff filed with the Board a statement of his appointment
of Raymond Arthur Segert whose voting precinct is #5 as Deputy
Sheriff 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 Loy, seconded by Commissioner McCullers and
unanimously carried, the bond of said Deputy Sheriff was approved
and ordered filed with the Clerk of the Circuit Court.
12 PIG4dS
N 6't 51969
On a Motion made by Commissioner Massey, seconded by
Commissioner McCullers, the out of County travel of Forrest N.
McCullars, County Agricultural Extension Director to Auburn
University, Alabama on November 19 through 22, .1969 to
attend the National Pesticide Conference, and the out of County
travel of Alfred H. Webber, Deputy Clerk, to attend a State
Association of County Commissioners Conference to be held at the
University of Florida on November 12, 13 and 14, 1969 were
unanimously approved.
On a Motion made by Commissioner Loy, seconded by Commissioner
Massey, the application of Irving Geller for adiilission to a Florida
State Tuberculosis Hospital was unanimously approved.
On a Motion made by Commissioner McCullers, seconded by
Commissioner Massey, the State Witness Payroll for the County Court,
August Term, in the amount of $211.06 was unanimously approved.
A Resolution received from the Board of County Commissioners
of Gadsden County protesting the consolidation of counties, was
,received And placed on file in the office of the Clerk.
A complaint by Gladys Vigliano, County Welfare Caseworker
regarding janitorial services was referred to the Administrator.
The Clerk's suggestion that the meeting in December be held
on the 3rd and the 17th rather than on the .10th and 24th was agreeable
with the Board.
On a Motion made by Commissioner Loy, seconded by Commissioner
Bogosian the Members of the Board, the Attorney and the Administrator
were authorized to attend a Highway Safety Conference to be held in
Daytona Beach on November the 5th and 6th.
A letter regarding the payment of the commissions to the
office of the Tax Assessor for the liability of the District
Current School Fund was received from Homer C. Fletcher. A Motion
was made by Commissioner Massey, seconded by Commissioner McCullers
*and unanimously carried that the Attorney to the Board be instructed
to respond to the School Board informing them of the position of the
l iakji? PAC409
NOV 5
a�a
Board as far as taxes are concerned.
Commissioner McCullers left the meeting.
A letter was received from the Property Owners Association
regarding the condition of the Rockridge Community Building, and
was referred to the Administrator for further action.
A Motion was made by Commissioner Loy, seconded by Commissioner
Massey and unanimously carried that the Administrator be authorized
to advertise for bids for the purchase of a new pump for the landfill
operation..
On a Motion made by. Commissioner Massey, seconded by Commissioner
Loy, the application of D. B. McCullers, Jr. to carry a firearm
was unanimously approved.
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. 0145 to 0221 inclusive; Road and Bridge Fund, Nos. 0112 to
0133 inclusive; Fine and Forfeiture Fund, Nos. 0109 to 0117 inclusive;
Capital. Outlay Fund, No. 153. 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
1
carried, the Board then adjourned at 1:15 o'clock P. M.
NOV 51969