HomeMy WebLinkAbout3/8/1972THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY•, FLORIDA MET IN REGULAR SESSION AT THE COURTHOUSE,
VERO BEACH, FLORIDA ON WEDNESDAY, MARCH 8, 1972 AT 8:30
0°CLOCK A.M. PRESENT WERE RICHARD P. BOGOSIAN, CHAIRMAN;
ALMA LEE LOY, VICE CHAIRMAN; .JACK U. DRITENBAS; D.B. MC
CULLERS, JR.; EDWARD J. MASSEY. ALSO PRESENT WERE JACK G.
JENNINGS, COUNTY ADMINISTRATOR; PAUL D. BURCH, ATTORNEY
TO THE BOARD OF COUNTY COMMISSIONERS; JAMES REAMS, DEPUTY
SHERIFF; L.S. THOMAS AND ELIZABETH FORLANI, DEPUTY CLERKS,
THE CHAIRMAN CALLED THE MEETING TO ORDER AND ASKED
IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES
OF THE REGULAR MEETING OF FEBRUARY 23, 1972. COMMISSIONER
LOY REQUESTED THAT ON PAGE 19, PARAGRAPH 3, THE NAME OF
"DONALD MCDONALD" BE CORRECTED TO READ "DONALD MACDONALD".
COMMISSIONER DRITENBAS REQUESTED THAT ON PAGE 21, PARAGRAPH
3, THE WORDING "LOT 9, BLOCK 9, SMITH PLAZA SUBDIVISION" BE
ADDED, THESE CORRECTIONS HAVING BEEN MADE, ON MOTION OF
COMMISSIONER LOY ,SECONDED BY COMMISSIONER DRITENBAS, THE
MINUTES OF THE REGULAR MEETING OF FEBRUARY 23, 1972 WERE
UNANIMOUSLY APPROVED AS WRITTEN.
DEWEY WALKER, COUNTY ZONING INSPECTOR APPEARED AND
PRESENTED ZONING INFORMATION.
COMMISSIONER LOY REPORTED ON STATISTICS OF HIGHWAY
FATALITIES IN INDIAN RIVER COUNTY, GENE MORRIS, TAX COLLECTOR
AND DR. R.F. PAGE WERE BOTH COMMENDED FOR THEIR WORK IN
PROMOTING THE HIGHWAY SAFETY "ARRIVE ALIVE" PROGRAM.
ON MOTION OF COMMISSIONER LOY, SECONDED BY
COMMISSIONER MCCULLERS, THE BOARD UNANIMOUSLY ADOPTED THE
FOLLOWING PROCLAMATION, AS SUBMITTED BY GOVERNOR REUBIN
O'D. ASKEW.
P R 0 C L A M A T I 0 N
E11
WHEREAS, the State of Florida is known throughout the nation
as the ARRIVE ALIVE State; and
WHEREAS, during the year. 1971, the State of Florida exper-
ienced 2,364 traffic fatalities, the greatest number in its history;
and
WHEREAS, 15 of these deaths were recorded in Indian River
County, wherein we reside; and
.WHEREAS, we personally and as a governmental body mourn each
and every death that has occurred on our streets and highways; and
WHEREAS, many of the citizens of Indian River County are
aware of and express their support of highway safety and awareness
by displaying an emblem declaring ARRIVE ALIVE on their vehicles;
and
WHEREAS, the State of Florida, in cooperation with the United
States Secretary of Transportation, has created a highway safety.
i
program designed to save the lives of those we love; and
WHEREAS, the Governor of the Great State of Florida and the
Governor's Highway Safety Commission have a great and continuing
interest in our safety and well-being and expresses this through
the ARRIVE ALIVE program;
NOW THEREFORE, be it resolved that we shall support the
Governor, the State of Florida and the Governor's Highway Safety
Commission in accomplishing the goal of reducing traffic fatalities
on the highways of Florida and, in particular, those streets and
roads in our county of Indian River;
(more)
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BOB 15 PACA90
Add Two --
BE IT FURTHER resolved that we shall use our influence
as the Board of County Commissioners of this county of Indian
River to encourage each and every resident and visitor to fully
support the Governor and his valiant efforts in behalf of all
our citizens to ARRIVE ALIVE: and therefore,
BE IT RESOLVED that through our own actions and driving
habits we will endeavor to drive, walk and ride in a manner that
will reflect our concern for highway safety and use the prestige
of our elected offices to encourage each and*every citizen of this
county to follow this example and ARRIVE ALIVE.
0 -
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I, RALPH HARRIS, Clerk of the Circuit Court of Indian
River County, Florida, and ex officio Clerk of the Board of
County Commissioners, do herewith certify that the foregoing
is a true and correct copy of a Proclamation duly adopted by
the Board of County Commissioners of Indian River County, Florida.
WITNESS my hand and official seal this 8th day of
March, 1972.
zz�C1erlK�
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MAR 81972
THE ADMINISTRATOR PRESENTED A LETTER TO THE BOARD
FROM ATTORNEY ROBERT JACKSON, REPRESENTING RURAL SANITATION
SERVICE, REQUESTING THAI'' THE REGULAR RATE FOR GARBAGE
AND TRASH PICK-UP BE INCREASED FROM $2.75 TO $3.25 PER
MONTH.
ON MOTION OF COMMISSIONER MCCULLERS, SECONDED
BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED
ADVERTISEMENT FOR PUBLIC HEARING AS REQUESTED BY ATTORNEY
.JACKSON IN BEHALF OF RURAL SANITATION•SERVICE,
0
ON MOTION OF COMMISSIONER MCCULLERS, SECONDED
BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED
THE ADMINISTRATOR TO SEND COUNTY EQUIPMENT TO FELLSMERE TO
COVER UP THE EXISTING DUMP, WHICH IS FULL, AND TO DIG ANOTHER
PIT, AS REQUESTED BY MAYOR SAM FOY.
THE ADMINISTRATOR WILL BE IN CONTACT WITH
FELLSMERE FARMS DRAINAGE DISTRICT TO OBTAIN INFORMATION
REGARDING CLEANING UP OF TRASH AND GARBAGE ALONG THE PARK
LATERAL CANAL OFF STATE ROAD 512.
THE DEPARTMENT OF TRANSPORTATION HAS PLACED AN
ORDER FOR SIGNS, WHICH WILL BE POSTED, PROHIBITING
FISHERMEN FROM LEAVING THEIR NETS UNATTENDED ON THE CAT-
WALK OF THE SEBASTIAN INLET BRIDGE.
THE ADMINISTRATOR REPORTED THAT BIDS WERE
RECEIVED BY THE DEPARTMENT OF TRANSPORTATION FOR ROAD WORK
TO BE DONE ON NORTH GIFFORD ROAD, INDIAN RIVER DRIVE THROUGH
SEBASTIAN TO THE COUNTY LINE AND 27TH AVENUE -SOUTH OF OSLO ROAD
TO THE COUNTY LINE. THE BID OF DICERKSON, INC. IN THE AMOUNT OF
$201,705.06 WAS ACCEPTED AS BEING THE LOWEST AND BEST BID.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DRITENBAS. THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING RESOLUTION.
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900k, .15 PAH- .92
C
Section 88060-2509
FORM 17'•Ob STATE or rl.On,oA JEPART,ArItT OF TnAtISPORTATIOM
7.71 COUNTY COMMISSIONERS RESOLUTION No. 72
On motic�rt of Commissioner Loy st•conded by
Commissioner llR I TEUBAS _ the following resolution was adopted:
WHEREAS, th(: STATE CJI' 11.0111 JA 1)!.1'.NR7'VF.NI' OF TIIANSPOItTATION has authorized
and requested Indian River County to furnish tltc necessary ri0its of
way, borrow pits and easements for that portion of Section 88060-2509, State Road 60,
extending from 21st Avenue Easterly in Vero Beach to Indian River
Boulevard
which has been surveyed arid located by the STATE OF FLORIDA DEPARTMENT 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, 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 Countv, and .said lands are physically cleared of all occupants, tenants,
fences, buildings and/or other structures arid 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 DEPARTAIEN,I' OF TRANSPORTATION be and it
is hereby requested to pay for the rights of way, borrow its and easements for said road, including
tile remuv::l of buildings, fences auu other structures and imTprovements thereon, utility relocations
and for other expenses of acquiring title to said rights of way, borrow, pits arid easements by purchase
or condemnation. from' proceeds of State of Florida Department of General Services bonds or
secondary gasoline tax funds (Article X1I, Section 9(4), of the Florida Constitution, and Section
335.0-11, Florida Ststutcs, as amended); whichever is ovri(:+Ide, under conditions set forth in the
contract, of which this resolution forms a part; arid be it further
RESOLVED, that said County, through its Eoard of County Commissioners, comply with the
request of said Department and procure, convey or vest in said State the free, clear and unertcumbered
title to all lands neeess::r y for ;zid p art:3n of ss:d Vection, ;:rui deliver to the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION said l::nds physically dear of all occupants tenants, fences,
buildings and/or other structures and improvernants situate upon or encroaching v6thin the•lirnits of
the lands reouired for smid portion of :sid Section and that't e Chairman and the Clerk of the Board
he and thcv are hereby authorized and directed to execute and deliver on behalf of said Courity to said
Department the Contract in the fornr 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
Section, and to prepare in the name of said County- by its County Commissioners all condemnation
papers affidavits and pleading,^:, and prosecute all condemnation proceedings'to judgment; and furnish
to the Department the abstract search provided for in said Contract
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER )
I IIF.REBY CERTIFY that the foregoing is a true and correct copy of resolution passed by the
Board of County Commissioners of Indy s River County, Florida, at
mertin livid JR, _ RTH tday of __ _-MARCH A.D.
19 Z2 and revurdvd in the Commissioners minutes.
IN WITNESS %N*IIFRL•'O:•. i hereunto set my hand and official seal this 8TH
day of MARCK-- A.D. lea --7-2�--
(SEAL) _ 1�•��'��i`�f�x*.�
Clerk of the iWard of County Commirbioners
OF INDIAN RIVER COUNTY
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e
Boa 15 J'ACA9
ON MOTION OF COMMISSIONER Loy, SECONDED BY
COMMISSIONER MCCULLERS, THE BOARD UNANIMOUSLY ADOPTED
THE FOLLOWING RIGHTS.OF WAY CONTRACT.
obox 15 "r'A ;f 194
MAR 8111.972
Section 88060-1509
Rev. 7-15-69
RIC11TS OF IIAY CONTRACT
PROVIDING FOR U::i: OF SECONDARY GASOLINE TAX FUNDS
OR
STATE OF FLORIDA DEPARTMENT OF GENERAL SERVICES BOND FUNDS
THIS AGREEMENT made and entered into this 8TH day of PARCH
A. D. 19 72, by and between the STAVE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, an agency of the State of Florida, hereinafter
called the "Department", and the COUNTY OF INDIAN RIVER . a
Political Subdivision of the State of Florida, hereinafter called
the "County", witnesseth, that
WHEREAS, the Legislature of Florida has designated and established
State Road No. 60 , and the Department has located and surveyed
a part of said Road designated as Section 88060 , and has prepared
a Map of Survey and Location covering,that portion of said Section
extending from 21st Avenue Easterly in Vero Beach to Indian River
Boulevard
in said County, as shown on a map, duly certified as provided by law,
on file in the office of the Department in Tallahassee, Florida, and
on file in the Office of the Clerk of the Circuit Court of said County,
and in the judgment of the Department said location and survey have
been found to be practicable, necessary and to the best interest of
the State, and
WHEREAS, the Department has requested and authorized said County
to secure by donation, purchase, or condemnation, the lands and property
necessary for such right of way, borrow pits and drainage easements
for said portion of said Section, and such as may hereafter be found
necessary by the Department for said portion of said Section, and
WHEREAS, the County is financially unable at this time to provide
the necessary funds from local sources to acquire the right of way,
borrow pits and drainage easements, and
WHEREAS, the Board of County Commissioners of said County, at a
meeting duly called and held on the 8THday of PARCH A.D. 19 72 ,
adopted a resolution (copy being hereto attached as a part hereof,
marked "Exhibit A") signifying its agreement to comply with the
Department's said request, requesting the Department to pay for acquir-
ing said lands forrights of way, borrow pits and drainage easements
from funds which have been or may be remitted to the Department under
provisions of Article X11, Section 9(4), of the Florida Constitution,
and Section 335.041, Florida Statutes, as amended, for expenditure
solely within the County, or from proceeds of the STATE OF FLORIDA
DEPAR`FrIENT OF GL';:; P.:.I. ^T]"I"J"CB:, bon `.^ .<'..
. for Lill.: pU1'jiV3c' vi
7 -
Boot 15 t -A1 495
including possessive interests Thereupon the Department shall prepare
and furnish,to the County the descriptions of said rights of way, borrow.:
pits and/or easements to be acquired for each of the several parcels of
land, or interests therein•as shown by said title search. -The furnish-
ing of said descriptions shall be solely,for the assistan'ce'of the
County and nothing in this paragraph shall be taken or construed as the
Department's acceptance. of the title, or quality of the title, to the
land or.easements shown, and shall not release or relieve the County of•
its agreement herein to furnish the Department free, clear and unen-
cumbered_title to the land required for said right of way, borrow pits
and easements, or from any of its covenants hereunder.
2. After the Department has furnished the County said description,
the County -shall proceed, out of thefundsspecified-below, to acquire
by donation, purchase or condemnation, free, clear and unencumbered
title to the land so require_d,'as aforesaid for said portion of said
Section by the Department for said rights of way, borrow pits and
easements, and convey or vest the same to or in the State of Florida
for the use of the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, by
good and sufficient deed or deeds, and deliver to the Department said.
land 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 shall have adjusted or secure arrangements for the adjustment of all
sanitary and/or storm sewers, gas mains, meter, water mains, fire
hydrants, pipes, poles, wires, cables, conduits, and other.--jitilities and
facilities, situate or cncroac1)in1upon said land. Any '-land to which
the County 'Iia.^, heretotore acquired tree, clear and unenctunberod- title,
eo 1
MAR 8 1972
1
which may benecessary for said rights of way, borrow pits and/or,
casements, shall be conveyed by the County to the State for the said
use under the provisions of this section.
Upon completion, the County shall make a certificate to the Depart-
'
ment stating for each parcel the instruments vesting the free,'clear
and unencumbered tit7le thereto in the State and certifying the removal
of all occupants,' tenants, fences, buildings and/or other structures
and improvements and adjustment of all facilities and'certifying-that
the free, clear and unencumbered title thereto is vested in the State
and that all physical encumbrances are removed and that said rights of
'way are ready for construction of said portion of said Section.
3. Commencing with the date when the Department shall begin -
construction operations on said portion of said Section, and at all
times thereafter for so long as said portion of said Section shall
continue to be a part of the State System of Roads, the County, solely
at its own expense, shall save, defend and keep the State of Florida,-,
and the Department, its officers, employees and contractors harmless
`from any and all damag es, claims or injuries, actions at law or suits
L
in equity arising from or growing out of any defect or alleged defdct
affecting the title or right of possession of the State of Florida
for the use of said road, to any portions of the lands,,borrow pits,
and easements required by the Department for said portion of said sec-
tion as aforesaid-, or because of the lack of title or right of posses-
sion thereto, or' by reason of encumbrances thereon,. or failure to have
removed occupants, tenants, fences, buildings and/or other structures
and improvements or made or caused to be made adjustments of utilities
and facilities thereon, and the County agrees to pay and discharge all
lawful claims, damagesi.judgnents, decrees and any other -expenses
,arising from or growing out of.such.claimst injuries, actions or suits.
4. The Department agrees,at the direction of the County, by.
resolution attached.hereto and made a part hereof, to pay for items set''
forth in Paragraph 6 below', either.from proceeds of.STATE. OF FLORIDA
DEPARTMENT'Or GENERAL SERVICES bonds issued for.the purpose of construe"
ing this project, or from secondary gasoline tax funds (Articel XII,
Section 9M, of the Florida -Constitution, and section 335.041., Florida
Statutes, as amended).
r
5. The County agrees that its acquisition of'said rights ay, of u
borrow pits and easements shall he conducted under supervision of'the
nary and proper information from
Der;:lrtment. Upon receipt of the.nocess
__9
15
197
MAR 197
the County, the Departmt_nt shall prepare requisitions for payment out
of said funds directly to the proper persons for the items set forth
in Paragraph 6.
6. The purchase or condemnation of the lands or interests required
for rights of way, borrow pits and/or drainage easements for said por-
tion of said Section as aforesaid shall be paid for in the following
manner:
An appraisal shall be prepared of costs and damages required for the
acquisition of the lands and easements and the clearing of the right
of way of all physical obstructions which shall be approved by the
Department. After the appraisal is thus approved, expenditures of
said.funds will be approved for the following purposes and in the
following amounts:
1. Payment of the price for the parcels of land or easements
arrived at either by negotiation or by awards in condemnation.
2. The costs of title search and other title information up to
such amount as may be approved by the Department.
3. The costs of the appraisal up to•such amount as may be approved
by the Department, provided the appraiser is approved by the
Department before he is employed.
4. The compensation to be paid to the County Attorney handling the
condemnation proceedings shall be a reasonable fee, as determined
by the County Coyrdnissiuners and approved by proper resolution,
which shall, in all cases, be subject to approval by the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION.
'S. Payment into the Registry of the Court of amount set out in
order of Taking, if proceedings are instituted under Chapter 74,
Florida Statutes. The County agrees not to stipulate for or agree
to expenditure of funds from this deposit without approval of
same by the Department, and further agrees that money so deposited
shall be used only for the payment of awards of compensation to
property owners; and the County further agrees to reimburse the
Department for any money expended from said deposit for any
other purpose.
IN WITNESS WHEREOF, the Department has caused this agreement to be
executed in quadruplicate by/its Director of Admini.stration and Executive
Secretary, and its official seal to.be affixed; and the County has caused
it to be executed by its Chairman and As Clerk, and its official seal to
be affixed, the day and year first.,above written.
Signed, sealed and delivered
in the presence of:
As to the Department
(SEAL)
As Lo the County ---
(SEIXL)
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION
BY:
Director of Administration
ATTEST:
Executive Secretary
COUNTY OF
INDIAN RIVER ,FLORIDA !
BY: %��slrr! c�s�F-G�Llfrns�
Chairman
ATTEST:
Clcrl: ni Lha C coif ac:. t & 1 . -cf is is
Clerk of. the Board of County cnruni ,-
s oners
BOOK M
THE BOARD AUTHORIZED THE ADMINISTRATOR TO ATTEND
A MEETING WITH DEPARTMENT OF TRANSPORTATION OFFICIALS IN
FORT LAUDERDALE ON FRIDAY, MARCH 10, 1972.
THE BOARD RECEIVED A PROPOSAL FROM TREASURE COAST
UTILITIES, INC. CONCERNING COUNTY WIDE SEWERAGE DISPOSAL.
ON MOTION OF COMMISSIONER DRITENB:AS, SECONDED BY
COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ACCEPTED THE BID
OF FEBRUARY 23, 1072 OF J.P. ROBERTS FOR A MOTOROLA COMMUNICATIONS
RADIO IN THE AMOUNT OF $1,227.50 AS BEING THE BEST AND ONLY
BID.
THE HOUR OF 10.00 O'CLOCK A.M. HAVING PASSED, THE
DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION
ATTACHED TO WIT:
VERO BEACH PRCSS-JaURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
NOTICE
NOTICE 1S HEREBY GIVEN that {
STATE OF FLORIDA
S. R. SMITH & SONS, INC., a
Before the undersigned authority personally appeared J. J. Schumann, who on oath
Florida corporation. has filed a - I
Petition with the Board of County i
says that he is -Business Manager of the Vero Beach Press-Joumal, a weekly newspaper
Commissioners of Indian River
published at Vero Beach in Indian River County, Florida; that the attached copy of advertise-
County. Flor:oa, requesting said
Board to adopt a resolution closing,. j
vacating and abolishing the public !
meat, being 8 „._.,._'�_�.,_�.__._
'roads. streets and rights of way
"
Iocatedon tneplatof EUCALYPTUS -
.
FI{i
PLACE SUBDIVISION. UNIT NO.
/j;;
the matter of �__��.p�,i.. ^�^
----.--- _fit-'C-___�..v -_.-,_._12�-�
1
7 as Indiarecorn ed in Plat Book 5, page c
73, Indian River County public f
�
records, as it pertams to the
,following described land situated in
Indian River County, Florida:
The South 25 feet of the right of.*
way of lath Street lying West of
the _ _ CtXrrt) iM1'as pub-
the Western to undary Zine of
54th Avenue as shown on the plat i
-
o1 Eucelpytus Place Sub-
division. Unit No. 2, as recorded !
lished in said newspaper In the Issues of
in Plat Book S. page 73, public
records of Indian River County,
Florida; i
and req tie5ting said Board
..•_ y:..__ . _. - _-
renounce and disclaim any right of o}
said County for the public in and to 1
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
the above described public roads,
Vero Beach, in said Indian River County, and that the said newspaper has heretofxo
streets and rights of way as
delineated on said recorded plat.
been continuously published in said Indian River County, Florida, weekly and has been entered
Said. Board wiff hold a public
as second class mail matter at the post office In Vero Beach, in said Indian River County, Florida
- hearing thereon at 10:Q0 o'clock
for a period of one year next preceeding the first publication of the attached copy of-adver-
A.M. on the lith day of March, 1972, -
tiserrent; and affiant further says that he has neither paid nor promised any person, firm or
in the offices of said Board, Indian
Corporation any discount, rebate, commission or refund for the purpose of .securing this adver-
River County Courthouse, Vero
OSCment for publication in the said newspaper.
beach. Florida.
�-
i I
Persons interested may appear
and be heard at that time.
Sworn to and subscribed before me this _.T_�. =„_day of.__ -`_ 4. �. A_D.
Board of County
f -
Commissioners
[_}(T(.,_.� WL-'-►'�
--_•'4-„ `+- •_
Of Indian River County,
Florida.
t - (Business Manager)
By: Ralph Harris,
.� I.-i� •1.ce:..-4'�f�`r/c_t�'t:ls;.G'�
Clork
Feb. 17, 1972.
..
k",e k of the Circuit Court, Indian River County, Florida)
(SEAL)
THE CHAIRMAN THEN ASKED IF ANYONE PRESENT WISHED TO BE
HEARD, THERE WERE NONE AND ON.MOTION OF COMMISSIONER MCCULLERS,
m 11 -
BbOk 5 -A.-A99
199
MAR 8 1972
SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED
THE FOLLOWING RESOLUTION
RESOLUTION NO. 72-16
Th6 Board of County Commissioners of Indian River County,
Florida, resolve:
1. That a petition has been filed by S. R. Smith & Sons, Inc.
with this board requesting this board to renounce and disclaim any
right of the county and the public in and to all lands or interest
acquired for street, road or highway purposes in that area described
hereafter:
The South 25 feet of the right of way of 24th Street
lying West of the Western boundary line of 54th
Avenue as shown on the plat of Eucalyptus Place
Subdivision, Unit No. 2, as recorded in Plat Book
5, page 73, public records of Indian River County,
Florida;
The board has determined that none of the street above described now
constitutes or was acquired for a state or federal highway and none is
located within the limits of any incorporated municipality and the board
has declared that a public hearing would be held to consider, the advis-
ability of granting the request and that a public hearing would be held
before this board in the County Commissioners' Room in the Indian River
County Courthouse, Vero Beach, Florida, at 10:00 o'clock A. M. on the
8th day of March, 1972, at which time, persons interested may appear
and be heard.
2. This board did publish notice of such public hearing one
time on the 17th day of February, 1972, 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 for the public hearing as will
more fully appear by Proof of Publication thereof filed in the minutes of
this meeting. At the time and place stated, the board did hold the
advertised public hearing and all persons interested were heard and this
board did determine that the street described above is not located within
the limits of any incorporated municipality and was not acquired for and
is not now being used for state or federal highways.
-12-
Rae 5 . __Alu
MAR 8 197
3. The Board of County Commissioners does herewith
renounce and disclaim any right of the county and the public in and
to the streets described as follows:
The South 25 feet of the right of way of 24th Street
lying West of the Western boundary line of 54th
Avenue as shown on the plat of Eucalyptus Place
Subdivision, Unit No. 2, as recorded in Plat Book
5, page 73, public records of Indian River County,
Florida
and does herewith vacate, abandon, discontinue and close all of the
same.
4. Notice of the adoption of this resolution shall be published
one time within thirty days following its adoption in one issue. of the
newspaper of general circulation published in the county. The proof
of publication of notice of the public hearing and certified copy of this
resolution and proof of publication of the notice 'of the adoption of this
resolution shall be recorded in the Deed Records of Indian River County,
Florida.
15;X20 1
1. zL
MAR 8 1972
THE HOUR OF IO:OO O'CLOCK A.M. HAVING PASSED, THE DEPUTY
CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION
ATTACHCD 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-Joumal, a weekly newspaper
pubitshed at Vero Beach in Indian River County, Florida; that the attached copy of advertise-
ment, being a
_.--.—_in the matter of
the Court, was pub -
fished in said newspaper in the issues of
Affiant further says that the said Vero Beach -Press-Journaf is a newspaper published at
Vero Beach, In, said !ndian 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.
Sworn to and subscribed before me this _ day of.___44-^ A.D L i 7 Z
6P _-- -- (Business Manager)
Clerk of the Eircuit Court, Indian River County, Florida)
(SEAL)
NOTICE
NOTICE IS HEREBY GIVEN that
the Board of County Commissioners
of Indian River County will hold a
p ubiic hearing at 10:00 A.M. on
March 8. 1972, at the Indian River
County Courthouse in Vero Beach,
Florida, to consider the adoption of a
new.County Ordinance to be en-
titled:
An Ordinance relating to set
backs on each side of State Road
60 from the West boundaryof the
City of Vero Beach to the In-
terstate 9S interchange;
providing for building const-
ruction set backs of at least
seventyfive feet (751 from the
right of way line of State Road
60; providing for the Ordinance
to be in effect one (1) year;
providing penalties; and
providing an effective date.
Board of County
Commissioners
Of Indian River County
Ftor)da
By: Richard Bogosian
Chairman
Feb. 17, 1972.
THE CHAIRMAN THEN ASKED IF ANYONE PRESENT WISHED TO BE
HEARD. BILL KASER OF BILL's T.V. SERVICE CENTER; CATHERINE
M. COX; DAVID ALBRECHT; W. AUTRY THOMAS; JOHN FOUNTAIN AND
OTHER CITIZENS APPEARED IN,OPPOSITION TO THE 75 FOOT SET-
BACK ON STATE ROAD 60.
ON MOTION OF COMMISSIONER MASSEY, SECONDED BY
COMMISSIONER MCCULLERS, THE BOARD UNANIMOUSLY AUTHORIZED
ANY INDIVIDUAL HAVING A HARDSHIP BECAUSE OF THE 75 FOOT SET-
BACK ORDINANCE CAN APPEAR BEFORE THE BOARD FOR CONSIDERATION.
ON MOTION OF COMMISSIONER DRITENBAS, SECONDED BY
-14-
MAR 8 19
L1
COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING
ORDINANCE.
INDIAN RIVER COUNTY ORDINANCE NO. 72-3
1 An Ordinance to be entitled:
2 An Ordinance relating to set backs on each side
3 of State Road 60 from the West Boundary of the
4 Main Canal to the Interstate 95 interchange;
5 providing for building construction set backs
6 of at least seventy-five (75') from the right
7 of way line of State Road 60; providing penalties;
8 and providing an effective date.
9 WHEREAS, the Board of County Commissioners of Indian River
10 County recognizes that the opening of Interstate 95 will tend
11 to attract a corridor of auto -oriented enterprises along State
12 Road 60 and this movement should be carefully regulated in
13 order to protect'the locality's wain traffic access -ay to
14 Interstate 95 to insure sound stabilized economic growth, and
15 WHEREAS, a Master Plan for the orderly development of
16 Indian River County is now in the preparation stage, and
17 WHEREAS, rapid development of property on each side of
'18 State Road 60 would frustrate the purposes of the Master Plan,
19 Now, Therefore,
20 BE IT ORDAINED by the Board of County Commissioners of
21Indian River County:
22 section 1. There is hereby established a seventy-five
23 (751.) foot building construction set back on all real property
23 fronting on State Road 60 from the West boundary line of the
24 Main -Canal to the Interstate 95 Interchange. The required set
25 back shall be measured from the road right of way line.
26 Section 2. Anyone who violates this Ordinance shall be
27 guilty of a misdeameanor and upon conviction, shall be punished
28 by a'fine not exceeding Five Hundred Dollars ($500.00) or by
29 imprisonment in the County.Jail not exceeding sixty (60') days
-15-
9�0 .1
- MAR 8 1972
30
or by both
fine and imprisonment.
Each day in violation shall
31
constitute
a separate offense. The
Board of County Commissioners
32
may bring
suit to restrain, enjoin
or otherwise prevent violation
33 of this Ordinance in the Circuit Court of Indian' River County.
34 Section 3. This Ordinance shall take effect on March
35 91 1972 and be in effect for a period of one 41) year.
4
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I, RALPH HARRIS, Clerk of the Circuit Court of Indian
River County,•Florida, and ex officio Clerk of the Board of
County Commissioners, do herewith certify that the foregoing
i5 a true and correct copy of Ordinance No. 72=3'
duly adopted by the Board of County Commissioners of Indian
River County, Florida.
WITNESS my hand and official seal this— 8th• day
of March , 197 2.
Jerk a ^
-16-
���
1972
THE BOARD THEN ADJOURNED AT 12:00 O'CLOCK LOON
AND RECONVENED AT 2:00 O'CLOCK P.M.
CHAIRMAN BOGOSIAN LEFT THE MEETING AND VICE
CHAIRMAN Loy PRESIDED.
THE HOUR OF 10:30 O'CLOCK A.M. HAVING PASSED,
THE DEPUTY CLERK 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:
-
l
STATE OF FLORIDA
Before the undersigned authority personallyappeared J. J. Schumann, who on oath
NOTICE
NOTICE IS HEREBY GIVEN that
says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper
the Board of County Commissioners
published at Vero Beach in Indian River County, Florida; that the attached copy of advertise•
of Indian River County will. at 10:30
AXan March 6, 1472, in the Indian.
River County Courthouse, in Vero
meet, being a -- — -
Beach Florida,
passage ofed consider
County Ordinance
`' �— �,�."��-------•
��.-L
amending Indian River County
Ordinance No. 71-3 and to be an.
titled:
�_V__ ___ __ __-___._
—In the matter of --'
An Ordinance relating to
permitted uses in the Mobile
Home Districts allowing
"
Modular Homes asa permitted
use in the Mobile Home Dist-
In the _ ___-- ------ Court, was pub.
ricts; providing for minimum
lot size and floor area for
Modular Homes in a Mobile
Home District and providing an
' lished In said newspaper in the Issues of
effective date.
Board of County
�•'
Commissioners
Of an River County .
—TL +k'� _.__�__1._r.? -
Florida
-
By: Richard Bogoslan 1
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
in Indian River County, that the said newspaper has heretofore
Chairman
Feb' t7, 1972.
Vero Beach, said and
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.
�_
Sworn to and subscribed before me this __ _. .day of.--___-_ .''_ A.D._.
(Business Manager)23 k
(Clerk of the Circuit Court, Indian River County, Florida)
(SEAU
THE CHAIRMAN THEN ASKED IF ANYONE PRESENT WISHED TO BE
HEARD, THERE WERE NONE AND UPON MOTION MADE BY COMMISSIONER
MCCULLERS, SECONDED BY COMMISSIONER MASSEY, THE FOLLOWING
ORDINANCE WAS UNANIMOUSLY ADOPTED.
r
INDIAN RIVER COUNTY ORDINANCE NO. 72 - 4
AMENDING INDIAN RIVER COUNTY ORDINANCE NO. 71 - 3
BE IT ORDAINED by the Board of County Commissioners of
Indian River County that Indian River County Ordinance 71 - 3 is
hereby amended as follows:
SECTION 1. The USES PERMITTED paragraph of Section
13, R-1 PM Permanent Mobile Home Subdivision District,
R 1 MP Mobile Home Park District, R 1 TM Transient Mobile
L Home District, R -I ME 1Iobile Home Estate District, and
R -I RM Residence - Mobile Home District are amended to
0 include paragraph "(l A) Modular homes designed for single
family dwelling, one family unit per lot. "
SECTION 2. The ML\TIMUM LOT SIZE AND FLOOR AREA
REQUIRED paragraphs of the above named Mobile Home
Districts is amended to require the same minimum lot size
and floor area for modular homes as is required for mobile
homes.
SECTION 3. This Ordinance will take effect March 9, 1972
ME
MAR 81972
001 15 .2j6
THE HOUR OF 2:00 O'CLOCK PA HAVING PASSED, THE
DEPUTY CLERK READ THE FOLLOWING NOTICE WITH
DROOP OF PUBLIC—
ATION ATTACHED, TO WIT:
•
OPENING OF BIDS
VERO BEACH PRESS -JOURNAL
Sealed bids will be received by the
Board of County Commissioners of
Published Weekly
Indian River County, Florida
(herein at ter called the" Board") for
the projects hereinafter set forth at
Vero Beach, Indian River County, Florida
and until 2:90 P.M., E.S.T., the Sday
of March 1972. in the Office of the
County Administrator. 14th Avenue,
Vero Beach, Florida at which place
COUNTY OF INDIAN RIVER:
and time, or as soon thereafter as
the Board can attend to the same,
STATE OF FLORIDA
Before the undersigned authority personally appeared Schumann, who oath
the said bids will be publicly opened
and read. The Board will thereafter
says that he is Business Manager of the Vero Beach Press -J -J ouu rnal, a weekly newspaper
Florida; that the attached copy o£ advertise
make the award of the contract,
the result of the
published at Vero Beach in Indian River County,
based upon
tabulations, as covered by aP-
-
laws and regulations.. The
following the
following
Ment, being a `'�--J-=—--------"'^"'
SE ADI:
COURTHOUSE ADDITIONS
T
ANDALTERATIONS
A `C�j'� `
FORTHE
BOARDOF
in the matter of __i Jam.=--
COUNTYCOhW11SSIONERS
INDIAN RIVER COUNTY
FLORIDA
VERA BEACH,
Plans,- specifications, bid forms,
in the -- -- — Court was pub-
form of contract, instructions to
bidders and all other bidding and
'--- -
contract data may be obtained from
Office of John J.'Schlin, Jr.,
lished in said newspaper in the Issues Of —.------ -----^•'---'�"
,the
AIA, Architect, Florida,5th Avenue,
Vero Beach, da, on and after
February 18, 1972. A deposit of $15.00
`
r_•—_1..(i _r��--}� -y ---•----• "--V- -^�--
each will be required, refundable if -
said plans and documents are
__
returned in good order within 10
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Indian River County, and that the said newspaper has heretofore
days atter the award of the contract.
All bids must be submitted on
the Board and
Vero Beach, In said
been col+tinuou:ly pubBshed in said Indian River County, Florida, weekly and has been entered
Vero Beach, in said Indian River County, Florida
forms prescribed by
t one
ng +` A certified echeCk,
as second class mail matter at the post office in
for a period of one year next preceeding the first publication of the attached copy firm r-
any person,
taijow
cashier's check, bra bid bond. u a
tisement; and affiant further says that he has neither paid nor promised
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
bid bond is submitted, it oust be
accompanied by a 'Power of At.
tisement for publication in the said newspaper.
torney" for the representative of the
• '�
A•O•�%�`
Bonding Company.
The certified check, Cashier's
___�_'i-�,`-^.da O£_.T—-'y.�
Sworn to and subscribed before me this __ y
Check Or bid bond snail in the
amount of S per centum off the base
bid. conditioned that if awarded the
^
-- - — (Business Manager)
contract•_ the bidder will within the
time specifiedby the Board, enter
into a contract in accordance with
,rte
,
the accepted bid, in form prescribed
(Clerk of theCircuit Court, Indian River County, Florida)
by the Board, and give e
Performance Bond satisfactory to
Attorney for the Board equal to
(SEAL)
700 per centum of the contract price.
10D
All bidders are requested to call at
the Office of the Secretary of the
Board fortne return Certified check,
Cashier's check, or.Bid Bond, which
will be made available to Bidders in
accordance with the instructions to
Bidders in the specifications..
The Board reserves the right to
waive informaiities and to reject
any and $11 bids.
Tile Board of
THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS
County Commissioners
Indian River County,
IN ACCORDANCE WITH THE NOTICE AND THE
Florida
ack
Administrator Jennings.
Feb. 10, 17, 1972,
FOLLOWING SEALED BIDS WERE RECEIVED,OPENED
AND READ:
MODERNIZATION INDUSTRIES — BID DID
NOT
COMPLY WITH SPECIFICATIONS, WAS RETURNED
WITH EXPLANATION.
WM. HENSICK & SONS.... a ... ....a..$71,000,00
HEDIN CONSTRUCTION COMPANY .......
$89,000.00
-19-
MAR 8 1972
TIE BIDS FOR THE COMPLETION OF THE SECOND FLOOR
COURTHOUSE ANNEX WERE GIVEN TO .JOHN SCHLITT, JR. ARCHITECT AND
COMMISSIONER DRITENBAS WHO IS ON THE ANNEX COMMITTEE, FOR
EVALUATJON,
ON FEBRUARY 29TH, 1972 THE BOARD RECEIVED
AN AREA WIDE WATER AND SEWERAGE PLAN AS PREPARED BY
SMITH-DAVIS AND ASSOCIATES, INC. OF GAINESVILLE AND LAKELAND,
FLORIDA AND BEINDORF AND ASSOCIATES, INC. OF VERO BEACH
AND FORT PIERCE, FLORIDA.
ON MOTION OF COMMISSIONER MASSEY, SECONDED BY
COMMISSIONER MCCULLERS, THE BOARD UNANIMOUSLY APPROVED
THE LEASE AGREEMENT ON THE MITCHELL BUILDING FOR THE USE
OF THE PLANNING DEPARTMENT AND AUTHORIZED THE SIGNATURE
OF THE CHAIRMAN,
ON MOTION OF COMMISSIONER DRITENBAS, SECONDED BY
COMMISSIONER MCCULLERS, THE BOARD UNANIMOUSLY ACCEPTED THE
BID OF Wm. HENSICK AND SONS FOR THE COURTHOUSE ADDITIONS
AND ALTERATIONS, AS BEING THE LOWEST AND BEST BID MEETING
SPECIFICATIONS, IN THE AMOUNT OF $71,000.00.
THE DEPUTY CLERK REPORTED THAT THE SUPPLEMENTAL
BUDGET, TRANSFERRING SURPLUS FEES TO CAPITAL OUTLAY FUND,FOR
THE COURTHOUSE ALTERATIONS HAD BEEN APPROVED BY THE COMPTROLLER,
THERE ARE TWO VACANCIES ON THE INDIAN RIVER COUNTY
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL. ON NOTION
OF COMMISSIONER MCCULLERS, SECONDED BY COMMISSIONER MASSEY,
THE BOARD UNANIMOUSLY APPROVED APPOINTMENT OF EDGAR SCHLITT
AND THE CITY OF VERO BEACH RECOMMENDED COUNCILMAN .JACK
STURG•IS TO SERVE,
ON MOTION OF COMMISSIONER MASSEY, SECONDED BY
COMMISSIONER MCCULLERS, THE FOLLOWING.ITEM TO ITEM TRANSFERS
WAS UNANIMOUSLY APPROVED.
"t
GENERAL FUND
4
ti
ITEM TO ITEM TRANSFERS
ACCOUNT NO. DESCRIPTION FROM TO
20128 Rentals - Planning Office
201 7i ( 6 Months) $2,100.00�—
Other Salaries (Mr. Harris) 2,000.00^
8
204 Tax Collector - Bonds 600.00—
21013 Supervisor of Registration
Office Exp. 14 00.00 i
22222 Maintenance & Repairs Planning iI
Office 1,000.00
90196 Reserve for Contingency $6,700.00
t
$6,700.00 $6,700.00
(FOR COMMISSIONERS APPROVAL)
I
. i 1
i
i
9
MAR 8 1972
ON MOTION OF COMMISSIONER DRITENBAS, SECONDED
BY COMMISSIONER MCCULLERS, THE BOARD UNANIMOUSLY APPROVED
THE OUT -OF -COUNTY TRAVEL OF FORREST N. MCCULLARS, COUNTY
EXTENSION DIRECTOR, TO BELLE GLADE ON MARCH 16 TO ATTEND AN
EXTENSION ADMINISTRATIVE CONFERENCE AND ON MARCH 20 TO FORT
PIERCE TO ATTEND A U.S. DEFENSE BOARD MEETING.
ON MOTION OF COMMISSIONER MCCULLERS, SECONDED BY
COMMISSIONER DRITENBAS, THE STATE WITNESS PAYROLL FOR THE
COUNTY COURT, FEBRUARY TERM, IN THE AMOUNT OF $151.80; THE
STATE WITNESS PAYROLL FOR THE COUNTY COURT, FEBRUARY TERM,
IN THE AMOUNT OF $155.80; THESTATE WITNESS PAYROLL FOR THE
COUNTY COURT, MARCH TERM, 1N THE AMOUNT OF $108.32 WERE
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.3812 TO 3879 INCLUSIVE; ROAD AND
BRIDGE FUND NOS. 1952 TO 1986 INC USIVE; FINE AND FORFEITURE
`�-
FUND NOS,.568 TO 574 INCLUSIVE. SCH 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 2:30 O'CLOCK
P.M.
ATTEST:
, 9-weCLERK CHAIRMAN
-22-
heflr 15 00
8 1972