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HomeMy WebLinkAbout7/8/1970i I WEDNESDAY, JULY 8, 1970 i i The Board of County Commissioners'of Indian River County,,, Florida met in regular session at ,the Courthouse, Vero Beach, ` Florida•on Wednesday, July 8, 1970 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 GI'. Jennings, County Administrator, Paul D. Burch, Attorney to the Board of County Commissioners and Janet N. Turpan, Deputy Clerk. The Chairman called the meeting to order and asked if there were any additions or corrections to the minutes of the regular meeting of June 24, 1970. There were none and upon a Motion made by Commissioner McCullers, seconded by Commissioner Loy, the minutes of the meeting of June 24, 1970,were unanimously approved as written. Dewey Walker, County Zoning Inspector, appeaXed before the. Board reporting on zoning violations'. Motion was made by Commissioner Loy, seconded by Commissioner McCullers and unanimously carried that the Attorney to the Board be requested to inform Robert Lee Jackson that he is in violation of franchise'by making garbage pickups in the Gifford area. Ralph Dempsey and Mrs Alfred Fletcher appeared before the Board requesting permission to remove a frame house to a site between Citrus and Newton Roads. •0n:a Motion made by Commissioner Massey, seconded by Commissioner McCullers, the request of Mr. Dempsey was unanimously approved. Mr. Swiger of Sigma Inc. appeared before the Board.requesting to use County road rights-of-way for the use of installing Cablevision cable. Upon a Motion made by Commissioner Massey, seconded by Commissioner McCullers, the following Resolution was unanimously adopted: 13 c� 1970 �j,s} f i I Ir ti . �. M `rF'a�a'•.-o €�' gFi!v'c .�.+< ep �,. ��.- � h y ,. � s :. r .�ry j N��",�, 4� I I, i RESOLUTION NO. I � , BE IT RESOLVED, by the Board of County Commissioners of Indian ° .�? River County, Florida, in meeting assembled, this 8th- day of July, 1970, Olb that SIGMA INCORPORATED, a corporation organized and existing under the laws of the State of Florida, is hereby authorized and empowered to contract with the utility companies doing business in this county to install its coaxial cable along with said utility companies' lines to homes and business establishments located in the unincorporated, areas of this county and to install, maintain, repair, operate and remove poles, lines, and other related equipment for the transmission and/or distribution of television signals under, on, over, across and along any county highway or any public road, easement, or highway heretofore and hereafter acquired .by the county or public by purchase, gift, devise, dedication or prescription, subject, nevertheless to termination by the said county as to any of said public ways and places in the event the same shall be closed, abandoned, vacated or discontinued or reconstructed by appropriate action of said county; and BE IT FURTHER RESOLVED that the privilege, license, authority and permit above granted are subject to the following terms and conditions, to wit: 1. That, in the execution of the work of stringing the wires aforesaid, and of operating, maintaining or repairing the same, SIGMA INCORPORATED and its agents and employees shall at all times exercise due care. and .precaution for the protection and safety of the public using said public ways and places, and at no time shall it or they create any conditions or',obstructions which am or may become dangerous to the traveling public on said public:ways :and places or obstruct traffic upon the same for an unreasonable length of time. 2. That SIGMA INCORPORATED shall promptly repair any damage or. injury to said public ways and places caused by it and arising out of the exercise of the privileges granted.herein, restoring the same to a condition at least equal to that which existed immediately prior to the infliction of any such damage or J 3. That in the event of widening or repair or reconstruction of any such road, SIGMA INCORPORATED shall move or remove its cable lines at no cost to said County of Indian River, provided that in the event such removal is made necessary by the construction of a project on the Federal Aid Inter -State system and should be eligible for reimbursement under Federal Aid Highway Act of 1965, Public Law 627 of the Eighty -Fourth Congress, then the provisions of said Act and Section 338. 19, Florida Statutes, 1965, should apply. 4. That no line, pole or other related equipment shall be installed, located or relocated and no inspection or repair' which interfere with the normal flow of traffic shall be authorized unless a permit be granted by the County Administrator, who is hereby designated as- agent of the county for said purposes. SIGMA INCORPORATED shall give ' the County ten (10) days' notice prior to constructing, repairing or relocating. transmission lines -or other related facilities on county right-of-way. In the event the delay resulting from the ten (10) days' notice would cause hardship on the customer, the County Administrator or . other ,designated representative is hereby authorized to give permission for immediate construction. Said notice shall include a. sketch or drawing of the proposed line or facility showing as accurately as may. be practicable the location with reference to the road and other pertinent details as the County may from time to time require. It is the intent of this paragraph that the County Administrator have wide discretion in information required and in the granting of permits. The'requiremerits of the National Electric Safety Code and all statutes and requlations, concerning or governing such installations shall.be complied with by SIGMA INCORPORATED. 5. That SIGMA INCORPORATED so long as it shall exercise any of the privileges granted above, shall hold the said county, the Board of County Commissioners as a body, and its members individually, harmless from the -2- t�Jllk 1 I i payment of any compensation or damages rQsulting from the exercise of the privileges granted herein, 6. This permit is .granted subject to regulations which may from time to time be promulgated by this Board to prdtect, or facilitate use of county roads by the -public, both generally and as to specific locations. 7. This permit is given pursuant and subject to the provisions of Section 125. 42, 338.17, 338.18, 338419 and 338.20 of Florida Statutes, 1967, all of which are made a part hereof as fully as if set forth, herein verbatim. 8. This permit is not exclusive and is not intended as a franchise. 9. That in the exercise' of this 'permit SIGMA INCORPORATED shall have the right to trim trees, bushes, hedges. and shrubbery within the county rights-of-way or easements only when necessary and after -approval by the County Administrator, SIGMA INCORPORATED agrees to remove such trimmings to an approved dumping area. 10. In the event SIGMA INCORPORATED fails to provide satisfactory services to its subscribers in Indian River County, fails to expand its services in said county as the population density warrants or as demands warrant, or raises its rates above those shown on the attached schedule, which is by reference made a part hereof, without the consent of the Board of County Commissioners, this permit may be cancelled by said. Board after giving the Company sixty (60) days' written notice in which to 'correct sedd services and/or rates. In the event that the Board of County Commissioners, ,at a future date, determines that a fee or charge should be 'made for 'this permit and the rights granted hereunder, the Board .of County Commissioners and SIGMA INCORPORATED will mutually agree as to a reasonable amount for said fee or charge. In the event the Bo4rd and SIGMA INCORPORATED cannot agree, .then the Board of County Commissioners will appoint an arbitrator. Within five (5) days of such appointment, SIGMA INCORPORATED will appoint an arbitrator. -3- i} 13 �AcZ'1 .. Within five (5) days of the appointment of an, arbitrator by SIGMA INCORPORATED, the two arbitrators will pick a third arbitrator. Upon the failure of the two appointed arbitrators to select a third arbitrator, the Circuit Court Tudge of Indian River County will select the third arbitrator. The three arbitrators will conduct an open hearing at which time the. Board of County Commissioners and SIGMA INCORPORATED may present evidence. The arbitrators will render their decision within t n (10) days following the hearing. The decision of the arbitrators shall be final and binding on the Board of County Commissioners and SIGMA INCORPORATED.. In the event a charge is ma de SIGMA INCORPOR- ATED as outlined above, the Board of County Commissioners agree to approve a proportionate rate increase. ll. It is hereby agreed that SIGMA INCORPORATED will extend its services to the Sebastian, Florida, area by January 1, 1971; the Roseland, Florida, area by April 11. 1971; the Fell.smere, Florida, area by Tuly 1, 1971, and the Wabasso- Winter Beach, Florida, area by September 1, 1971, or this permit becomes voidable at the option of the Board of County Commissioners. BOARD OF COUNTY COMMISSIONERS OF INDIAN R VER, COUNTS /I SIGMA agrees to comply with EST: ACCEPTANCE TED does hereby accept the foregoing Permit and terms and conditions set forth therein. DATED, this_4 day of < 1970. S , INC RPORA YL (S E A L) ATTEST: L� Se etary -4 - - V � ��! f,0k D PAGE 9- - ji 14j% .r 0 7 'Judy 197 f6i lows' �is,, a s River, County d I a6 tian an n SIYY q. or, � ir�' Y i, bedul ,Seb�'§ �u , 21 e The r ;'s c i n.:' ate I ',hookups Ja ,R66iiden New N 4d,$4.95�mont monthly , � z4 Nils.00:Monthl budlet!,:,,14, 95, an d p.�t ra DiscOt No C harge, 4" ,nnec. t $7.95 and $4.95' monthly, Reconnec 4") R'lo 'ate or*move cable $7p �95 e c ice calls No Charge Sery 1 1% jY' 4A III �f+''!' l MGMA lot* ...... T:77•03 Jim Hurt of J. M. Smedley, Inc. appeared before the Board offering ownership maps•to the County at a price of $400.00 per set, price decreasing with additional orders. No action was taked by the Board. Chester Clem, Small Claims Judge,jappeared before the Board I requesting that if his office is moved to the ground floor of the Courthouse, minor decorating work be doneto it. On a Motion made by Commissioner Massey, seconded by Commissioner McCullers, it was unanimously carried that the bid of Misik and Lester Construction for an addition to Armco metal garage,bid in the bid opening of June 24, in the amount of $8,360,.00 be accepted and that the following item to'item transfer be approved: ITEM TO ITEM TRANSFER Road and Bridge Fund from to 45143 Road and Bridge Materials $9,000.00 85151 Road and Bridge Buildings $9,000.00 A Motion was made by Commissioner,McCu'llers, seconded by Commissioner Massey and unanimously carried that the request of Hogan and Sons that the extension of Lockwood Lane running east and west be improved. The Board then adjourned at 12:00 o'clock Noon and reconvened at 1:30 o'clock P. M., Commissioner Bogo'sian being absent. Motion was made by Commissioner McCullers, seconded by Commissioner Loy and unanimously carried that the Administrator is requested to advise the Corp of Engineers, Department of the Army that this Board has no objection to SAJSP Permit (70-286). by Southern.Bell Telephone to place a submarine telephone cable acrosq the Indian River south of SR 510 bridge at Wabbasso; and that this Board has no objection. to SAJSP Permit (70-290) by City of Vero Beach to construct an. aerial electric power line across the Indian River south of the Merrill P. Barber Bridge. c IJUk N�GE:`� 197® 1 Y I .a Dave Roddenberry, Henry Adams and•Jim Collins reported on the progress in complying with Zoning Regulations appertaining to junk yards which was satisfactory to the Board. Commissioner Bogosian returned to.the meeting. On a Motion made by Commissioner Bogosian, seconded by Commissioner Massey, the request of 'R. F. Lloyd in behalf of Robert Jackson, Trustee of the Bosworth Estates for advertisement for public hearing for a revision of the bulkhead lines of the Bosworth property was unanimously approved. A letter from Mrs. Franklin Bai,sden, of the Roseland Garden Club regarding improvements to be made in the Roseland area was referred to the County Administrator. On a Motion made by Commissioner Bogosian, seconded by Commissioner Massey the Satisfaction'of County Welfare Lien of Ruby J. Welch was unanimously approved. On a Motion made by Commissioner Massey, seconded by Commissioner Loy the applications for permits to carry firearms of Aaron P.- Summerall and of Robert S. Clark; and the applications for renewal of permits to carry firearms of George Edward Leach, of Doctor J. Hunter Smith and of Jack A. Thomas were unanimously approved. The Sheriff filed with the Board a statement of his appointment of James A. Pease whose voting precinct is 3 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 Massey and unanimously carried, the bond of said Deputy Sheriff was approved and ordered filed with the .'Clerk of the Circuit Court. The Clerk submitted the Clerk's Tentative Budget to the Board as required by law, and on Motion made by Commissioner Loy, seconded by Commissioner Massey and unanimously carried, the same -was received and ordered to -be made a part of these minutes. ° i .1114 .PAGE( G �� l TENTATIVE COUNTY.BUDGET,FOR 1970-1971 Prepared By Ralph Harris, Clerk, IR County. Presented to Board,of County Commissioners. July 8, 1970, In Accordance With,Section 129.03 F.S. Based on estimated Taxable Valuation of $271,000,000.00 1.; GENERAL FUND ESTIMATE OF RECEIPTS Federal Sources $ 4,600.00 State Sources 274,900.00 Local Sources 161,550.00 Ad valorem Taxes ( 2.5 mills) 677,500.00 Total Estimated Receipts $1,118,550.00 Less 5/ 55,927.50 95% Of Estimated Receipts $1,062,622.50 Cash Bal. to be Brought Forward 262,000.00 TOTAL ESTIMATED RECEIPTS & BALANCES- $1,324,622.50 APPROPRIATIONS Governmental Operations $ 439,945.00 General Court Expenses 104,609.06 Election Expenses 19,500.00 Building Maintenance .52,200.00 Legal Expenses 16,500.00 Educational Expenses. 58,800.00 Health & Welfare 121,287.00 Long Range Planning 49,400.00 Auxiliary Services 229,214.00 New Equipment 39,925.00 Total Appropriations $1,131,380.06.. Reserve for Contingencies 75,242.44 Reserve for Bal. to Carry Forward 15,000.00 Transfers to Other Funds 103,000.00" TOTAL BUDGET--- � "' $1,324,622.50 ROAD AND BRIDGE FUND ESTIMATE OF RECEIPTS State Sources $ 380,300.00 Local Sources 24,200.00 Ad valorem Taxes .61 mills) 165,310.00 Total Estimated Receipts $ 569,810.00 Less 5V 28,490.50 95% of Estimated Receipts 541,319.50 -"Cash Bal. to be'Brought Forward 133,000.00 TOTAL ESTIMATED RECEIPTS &BALANCES- $ 674,319.50 APPROPRIATIONS Right -of -Way Expenses Salaries and Wages Supplies and Services Maintenance & Rentals Road Materials Road Taxes to Municipalities Special Projects New Equipment Total Appropriations- Reserve for Contingencies Reserve for Bal. to Carry Forward " °' L" TOTAL BUDGET- oet 8 1970 �,r�11�13 PAUEr�. $ 11,500.00 304,000.00 42,710.00 53,000.00 110,000.00 34,000.00 25,000.00 58,000.00 $ 638,210.00 21,109.50 15, 000.00 $ 674,319.50 �, ♦. CLERK'S TENTATIVE COUNTY BUDGET FOR 1970-1971 (Continued) Estimated Valuation = -$271,000,00Q.00 FINE & FORFEITURE FUND ESTIMATE OF RECEIPTS State Sources $ 70,000.00 Local Sources 127,940.00 Ad valorem Taxes (1.16 mills ) 314,360.00 Total Estimated Receipts $ 512,300.00 Less 5% 25,615.00 95% Of Estimated Receipts $ 486,•685.00 Transfer .from Gen. ,Fund 60, 000.00 Cash Bal. to be Brought Forward 92,315.00 TOTAL ESTIMATED RECEIPTS & BALANCES-,$ 639,000.00 APPROPRIATIONS' Docketing & Conviction Fees $ 76,300.00 Other Court Fees & Costs 16,600.00 Other Salaries & Expenses 9,413.00 Sheriff's Budget 491,500.00 Total Appropriations $ 593,813.00 Reserve -for Contingencies 30,187.00 Reserve for Bal. to Carry Forward 15,000.00 TOTAL BUDGET- $ 639,000.00 CAPITAL OUTLAY FUND ' ESTIMATE OF RECEIPTS ' Ad valorem Taxes ( O Mills) $ 0.00 Total Estimated Receipts $ 0.00 Cash Bal. to be Brought Forward 0.00 Transfer from General Fund 43,000.00 TOTAL ESTIMATED RECEIPTS & BALANCES-$ 43,000.00 APPROPRIATIONS e Equipment $ 18,000.00 Land Acquisition 25,000.00 Total Appropriations $ 43,000.00' TOTAL.BUDGET $: 43,000.00 TOTAL MILLAGE 1970-71 1969-70 General Fund Rd. & Bridge .61 .61 Fine & Forf. 1.16 1.16 Cap. Outlay 0. 0. 4.27 4.27 TENTATIVE COUNTY BUDGET 1970-1971 SUBMITTED BY: Vero Beach, Florida July 8, 1970 Clerk On a Motion made by CommissionerlMassey, seconded by Commissioner Loy,,the Petitions for 'Admission to State Tuberculosis Hospitals of Louise Jackson, Charlie] Jones, Marion Kenneth Daniels and Dora F. Pittman were unanimously approved. Motion was made by Commissioner Troy, seconded by Commissioner Massey and unanimously carried that State Witness Payroll for the Circuit Court, May Term in the amount of $145.00 and State Witness Payroll for the County Court, May,Term in the amount of $99.48 be approved. On a Motion made by CommissioneriLoy, seconded by Commissioner Massey the List of Errors, Insolvencies and Double Assessments of the.Tax Collector on the 1969 Tax Rolls was:: unanimously approved. The monthly reports of,the County Service Officer and of the County Welfare Caseworker were received and ordered filed in the office of the Clerk. 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. 1138 to 1216 inclusive, Road and Bridge Fund, Nos. 614 to 640 inclusive, Fine and Forfeiture Fund, Nos. 224 to 237 inclusive. Such bills and accounts being in 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-futher business, on Motion made, seconded and carried the Board then adjourned at 4:15 o'clock P. M. ATTEST: . e%qs 3 Cl J� 8 1y7� J. PAHZHZ "