HomeMy WebLinkAbout3/17/19591
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as they are unable to care for themselves. The Attorney stated this could be done and the
Commissioner's agreed to these terms, and authorized the Attorney to draw up the deed for
their signature.
Frank Zorc was in about Rosedale Road and the Board assured him that they would
send a road scraper up there as soon as possible.
Homer Fletcher, Tax Assessor appeared before the Board requesting an adjustment
on the property owned by Mr. Morris Adcock being Lots 9 and 10, Block 3, Townsite of Roseland
for the reason that Order of Circuit Court in and for Indian River County, Florida in Chancery
No. 4603-E in final decree, entered February 19, 1959. The Board so approved.
The several bills and accounts against the County, having been audited, were
examined and found correct, were approved and warrants issued in settlement of same.. 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 State Auditor, reference to such record and the list so recorded being
made a part .of these minutes.
The County Depository filed its monthly statement, showing receipts and disburse-
meats of the various funds, which have been audited, were found to be correct.
There being no further business, on motion made, seconded and carried, the Board
then adjourned.
ATTEST:
CHAIRMAN
TUESDAY, MARCH 17, 1959
The Board of County Commissioners of Indian River County, met at the Courthouse,
Vero Beach, Florida in a regular meeting held at 9:00 o'clock A. M., Tuesday, March 17, 1959.
All members were present. Also present were Ed Schmucker, County Engineer, Sherman N. Smith,
Jr., Attorney and Katherine Morrison, Deputy Clerk.
The Chairman stated they would dispense with the reading of the minutes until the
next regular meeting.
The Chairman further stated that no word has been received from the Governor
as to an appointment replacing Commissioner H. H. Gifford.
Mr. and Mrs. Vern Whittier appeared before the Board thanking the County for their
efforts in taking active part in the Surrency vs. County Suit. They further stated that Mrs.
Surrency through her attorney was appealing the case and they wanted to know whether or not
the County would continue with the appeal. After some discussion in the matter and the A ttor
for the Board sta ted that it would not --cost thei.:Cgunty near as much in the appeal as in the
original suit and that he would estimate that it would not cost more than $1,000.00. It was
also decided that our Attorney would contact the Whittier's attorney, Mr. Cooksey and see if
he could work something out with him so that he could represent the County as well as the
Whittier's. That way the County and the Whittier's would share the cost and it would not
cost either party so much.
A Resolution was presented to the Board by Mr. Ralph A. Profeta, Sr., President
of the Indian River County Contractors Assn. in which they requested that the County adopt a
building code for the County and also requiring examination of contractors similiar to the
examinations required by the City of Vero Beach. After considerable discussion in the
matter in which the Commissioners told Mr. Profeta that the Farm Bureau was against examina-
tions, it was decided that the Contractors should get in touch with the members of the Farm
Bureau and then meet back with the Board of County Commissioners at 9:00 o'clock on Monday,
March 23rd to further discuss the matter.
Mr. Emil Yunkel appeared before the Board representing Florida Ridge Subdivision
and presented a petition representing owners of around 82% of the lots in said Subdivision,
and requesting that the County pave the streets of this subdivision and tax them on their tax
bills for the next five years to pay for the paving of the streets. After considerable dis-
cussion in the matter this petition was tabled and Mr. Kunkel was informed that the Board
had not at this time worked out any satisfactory -solution for the paving of subdivision street:
Cy Cruze appeared before the Board and stated that under the present specifications
for roads we require 1," asphaltic topping and only one contractor in the County could bid and
he would like the specifications (at least for minor sibdivision streets) reduced, using a two -
course rock treatment surface on a marl base so that the other contractors would have a chance
to bid. After considerable discussion in the matter the Board said they would notify the road
contractors to meet with them on Friday night at 7:30 P. M. in the Courthouse and see if they
could come to some sort of agreement.
Mr. Harold S. Winner appeared before the Board and presented a Petition bearing some
32 names of property owners of property located on the peninsular South of the Sebastian Inlet,
Brevard County and"request.ing-_the Commissioners do all in their power to transfer the property
now in Brevard County to Indian River County, thereby changing the Boundary Line between Bre-
vard and Indian River County. After considerable discussion in the matter and upon Motion
made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried,
the following Resolution was adopted:
R E S 0 L U T I 0 N -- Brevard - Indian River County Line
WHEREAS, there has been pending for years the matter of development of a road and
bridge to be known as State Road A -1-A extending North from Indian River County to the Sebas-
tian Inlet in -Brevard County, and
WHEREAS, it is evident to all parties concerned that such a road appears impossible
under the existing circumstances due to the fact that the width of land in Brevard County is
not sufficient to accomodate such a road and the fact that all of the submerged lands to the
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Vest of the East shore of the Indian River in this area is in Indian River County, matting a
situation where parts of this short stretch of road would be in Brevard County and parts in
Indian River County in such an awkward manner as to make the whole project impossible.
NOW, THEREFORE, be it resolved by the Board of County Commissioners of Indian River
County, that this Board does herewith officially declare that Indian River County will accept
a change in the boundary lines between Brevard County and Indian River County, making the new
�Icounty line the center of the Sebastian Inlet, or the new county line the center of the Indian
" River coming South to the present South line of Brevard County in order to facilitate and
make the building of such a road and bridge possible. In the event the County line is moved
to the Center of the Sebastian Inlet, then Indian River County to the
would expect accept
building of this road and the ultimate bridging of the Sebastian Inlet, the bridging being
jointly with Brevard County, and of the boundary line is changed to the center of the Indian
River, that Indian River County", would expect Brevard County to construct the bridge and the
road.
-----------------------------------------------
Mr. Judson, who owns a strip of land along the Indian River on the East shore in the
Wabasso area, appeared before the Board and requested permission to put up a seawall, of which
part would be about 45 feet from the now designated bulkhead line as set by the Board. After
some discussion in the matter the Commissioners asked Mr. Schmucker to go up and view the
land in question first hand and also to contact the property owner adjoining Mr. Judson on the
South and get his reaction.
The Commissioners discussed the hiring of Dr. C. C. Flood as Health Officer for
our County and upon Motion made by Commissioner Macdonald, seconded by Commissioner McCullers
and carried, Dr. C. C. Flood was approved as Health Officer for our County to.take over as
soon as he finishes his schooling in June, 1959.
Sherman N. Smith, Jr. stated he had three parcel on Glendale that could be settled
if the Commissioners would agree to the terms. The first parcel for Chris Robertson - The
right of way required will take two rows of trees along a twenty acre grove and Mr. Robertson
will convey to the County if the County will agree to handle the guardianship and all legal
matters as the land is in the names of his minor children.
The second one for Julius Barker, SRD No. 40, Glendale Road - the County will place a
72 inch culvert, approximately 40 feet long, under Glendale Road and to place a 12 inch culvert
at the west end of Phe -:property.
The third parcel is John A. Studor, SRD 26, Glendale Road - The County will re -locate
the septic tank drain field in the area that is required for the right of way on his.,remaining
property and to install a three foot high guard rail fence with reinforced concrete post eight
feet apart running from the corner east a distance of 40 feet along his lot line. Mr. Smith
estimates this will cost the County approximately $260.00.
Upon Motion made by Commissioner Macdonald, seconded by Commissioner McCullers and
carried, the Board accepts these three parcels under the terms set forth above.
Upon Motion made by Commissioner Hamilton, seconded by Commissioner Macdonald and
unanimously carried, the Board authorized the hiring of Charles C. Jewett as appraiser for
the remaining right of way required on Glendale and for the Attorney to go ahead and file
condemnation proceedings on the remaining right of way for Glendale.
Sherman N. Smith, Jr. presented a Resolution he had prepared for obtaining a strip
of land out of the old Roseland Airport property for a public park. Upon Motion made by
Commissioner Macdonald, seconded by Commissioner Hamilton and unanimously carried, the follow-
ing Resolution was adopted;
R E S O L U T I O N -- Roseland Airport Property for
Public Park
WHEREAS, the Board of County Commissioners of Indian River County is the government
body of Indian River Cou#ty charged with the responsibility and authorized by law to promote
the public health and welfare of the citizens of this County; and,
WHEREAS, said Board has determined that the United States of America is the owner
of real property situated in Indian River County, Florida, described as follows:
Beginning at the South comer of Section 29 of the Fleming Grant, run South
45 degrees 09 minutes 04 seconds West for a distance of 1981.20 feet to a
point; thence North 45 degrees 38 minutes 04 seconds West for a distance of
2023.86 feet to a point on the centerline of Roseland Road; thence North 11
degrees 47 minutes 56 seconds West.along said centerline for a distance of
1159.63 feet to a point; thence North 04 degrees 37 minutes 30 seconds West
along said centerline for a distance of 910.73 feet to a point, being point
of beginning; thence North 89 degrees 39 minutes 30 seconds West for a distance
of 650.0 feet, more or less, to the ordinary high water line of the Sebastian
River; thence Northerly along said ordinary high water line to is intersection
with the Southwesterly line of Lot 51, Section 22, of said Fleming Grant;
thence South 44 degrees 21 minutes 30 seconds East for a distance of 1344.6
feet to a point; thence North 46 degrees 00 minutes 15 seconds East for a
distance of 225.73 feet to a point on the said centerline of Roseland Road;
thence South 04 degrees 37 minutes 30 seconds East along said centerline
for a distance of 3162.13 feet to the point of beginning, less however a
right of way for Roseland Road. Containing 74 acres, more or less;
which said lands are held by said goverment for disposal under the Recreational Act; Now,
therefore,
BE IT RESOLVED that this Board does herewith determine that it would be to the best
interest of this County and its citiz ens that the above described land be acquired by purch
under the Federal Recreational Act and that Sherman N. Smith, Jr., County Attorney -of Indian
River County, Florida, is herewith designated as the agent for said County to make, execut&
and deliver the formal application of said County for the purchase of said lands; and
BE IT FURTHER RESOLVED that said County does herewith find and determine that said
lands are unoccupied, that a part of them is located along the shore of the South fork of the
Sebastian River in said County and that said lands are ideally located and situated for use
as a public park. That there is no public park of any size or consequence located in Indian
River County and that there is no such public park in this section of the State of Florida.
That the entire area of Indian River County is now undergoing rapid growth and development
and that it is absolutely necessary and essential that this land be established for use of the
general public in picnicing, bathing, boating activities through access to the Sebastian River
and similar public recreational activities; and,
BE IT FURTHER RESOLVED that the said County Attorney is authorized and directed to
do any and all further things necessary in order to effect the transf6r of said lands to said
County.
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The Board then took up the matter of Primary and Secondary Roads for the coming
year 1959-60 and after considerable discussion in the matter and upon Motion made by
Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, the
following Resolution was adopted:
R E S O L U T I O N -- Primary Roads 1959-60
WHEREAS, the State Road Department of the State of Florida is now in process of
preparing its annual Budget for the year 1959-60, and,
WHEREAS, the Board of County Commissioners of Indian River County is vitally inter-
ested in the additions, extensions and improvements to the primary road system of the State
of Florida in Indian River County, now, therefore,
BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida,
that this Board does herewith respectfully request the State Road Department of Florida to
include in its Budget for primary roads for the year 1959-60 the following projects in
Indian River County, Florida to -wit:
1. The four -laving and improving of State Road 5 on its appropriate right of way
into a modern and adequate four lane highway from the North limits of the City of Vero Beach
to Wabasso.
2. The reconstruction and improvement into a:modern and adequate two lane highway
of all of State Road 510 from State Road 5 to the Atlantic Ocean including a new bridge over
the Indian River.
3. The reconstruction and improvement into a modern and adequate two lane highway
of all of State Road 606 from State Road 5 to the Atlantic Ocean including a new bridge over
the Indian River.
4. The four-laning and improvement of State Road 60 on its present right of way
from 20th Avenue to Clemmons Avenue (State Road 611) in the City of Vero Beach.
The following Resolution was introduced by Commissioner Macdonald, seconded by
Commissioner McCullers and unanimously adopted:
R E S O L U T I O N -- Secondary Roads 1959-60
STATE OF FLORIDA - COUNTY RESOLUTION ON USE
OF
80% SEVENTH CENT GAS TAX AND OTHER SECONDARY
ROAD FUNDS
Year 1959-60 County of Indian River
WHEREAS, under Chapter 26.321 of the Extraordinary Session of 1949, known as the
"Secondary Road Assistance Act of 1949" and Section 339.08 Florida Statutes of 1957, the
State Road Department will receive 80% of the proceeds of this county's pro -rata share of the
Seventh Cent gasoline tax, to be used as prescribed by regulations of the said Department
within this County, as requested by resolution of this Board of County Commissioners and
approved by the Department for one or more of the following purposes: Construction, recon-
struction, maintenance and repair of State Roads and bridges, the lease or purchase of
bridges connecting State roads, the acquisition of rights of way for State roads, and the
reduction of road and bridge indebtedness; and
WHEREAS, the State Road Department has requested this County Board to recommend
the purpose for which, and the roads on which, this County's 30% surplus gas tax and Federal
Aid Secondary allocations should be spent for construction and improvement; and
WHEREAS, the State Road Department requires this information so that it may -'.bb con-
sidered in the preparation of the Annual Budget of the State Road Department; and
WHEREAS, this Board conferred with the State Road Department concerning the projects
to be selected and the specifications with respect thereto,
NOTA', THEREFORE, BE IT RESOLVED that the State Road Department is hereby requested
to use such funds for construction (including rights of way acquisition, surveys, maintenance,
etc.) of the following roads:
Roseland.
1. Glendale Road or State Road 612, Job #8858 from State Road 505A to State Road 5.
2. Oslo Road or State Road 606 from Sta to Road 505A to State Road 5.
3. Roseland Road, State Road 505 from Collier Creek to the Fla. East Coast RR in
4. Wabasso Road or State Road 510 from State Road 5 West to a point on the South
line of Section 26, Township 31 South, Range 33 East which was the beginning of Job 3351-150.
5. Rosedale Road from State Road 5 to State Road 505 A.
6. Rings Highway or State Road 505A from N. Relief Canal North to State Road 510.
BE IT FURTHER RESOLVED That the methods and standard employed by the State Road
Department for determination of major improvement features, including the types and widths
of pavement, and the Department's standard specifications for construction are concurred in
and approved by this Board. It is requested: That the Department will consider the projects
inthe order listed above insofar as practicable, but not to the extent of retarding the whole
program; that the termini of the projects.as described in the resolution and shown on the
accompanying map, rather then any estimate of funds therefor, shall control the Department's
allocation of funds; that this resoluthn shall remain in effect throught the year; and that
after the current year the recommendations of this resolution stall constitute a continuing
improvement program for the County,y unless changed by a subsequent annual resolution.
The County Engineer stated that Whispering Palms Subdivision had dedicated the
necessary 35 feet or half a right of way along the North side of their Subdivision and pould
put in the full 70 foot street if the County could acquire the additional 35 foot right of way
He further stated that he had acquired without cost to the county the additional right of way
except for a portion belonging to Mrs. Olaf Helseth and that she wanted payment of $500.00 fox
her part of the right of way. After some discussion in the matter and upon Motion made by
Commissioner Macdonald, seconded by Commissioner Hamilton and carried, the Board agreed to
pay Mrs. Helseth $500.00 for the additional right of way needed.
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The County Engineer stated that he had received a bulletin from the U. S. Army
Engineers stating they would be holding several meetings (one to be held at Melbourne on
April Sth regarding damage caused by hurricane tides and tha t he would like to attend. The
Board agreed that he should attend and further that he should contact Joe Earman, Director
of Civil Defense and have him also attend.
A bill from Warren Zeuch Insurance Agency for premium for one year for fire and
extended coverage on the Health Center Building, was presented to the Board and it was
noted that this building was covered for only $6,000.00. After some discussion in the
,matter and upon Motion made by Commissioner Macdonald, seconded by Commissioner McCullers
and carried, the Board authorized this coverage be increased to $12,000.00.
The Clerk stated that in advertising for an Addressograph Machine from the Super-
visor of Registration Office that Mrs. Richey had failed to include an additional auto-
matic selector which she would like to have on this machine. That the accepted bid had been
for a Factory Reconditioned machine a t a price of $1215.20 and that the additional Selector
would cost $18.25 and asked if the Commissioners would O.K. this additional automatic se:lec
Upon Motion made by Commissioner McCullers, seconded by Commissioner Macdonald and carried,
the Board authorized the additional selector for the machine.
Audit Report #4923 covering records of the Florida Inland Navigation District,
for the fiscal year ended December 31, 1958, was presented to the Board and was ordered
filed as apart of the public records of the Board pursuant to Section 21.121(3), Florida
Statutes.
Commissioner McCullers, introduced the following Resolution and upon being Seconde
by Commissioner Macdonald and unanimously carried, was adopted:
R E S O L U T I O N -- Item to Item Transfers
WHEREAS, there is a total surplus of $4,974.20 in the General Revenue Fund of
Indian River County under some items and which surplus exists after the payment of all
necessary expenditures under such items for the current fiscal year; and
WHEREAS, there is adef iciency in funds necessary to provide for the proper and
authorized expenditures under some items in the General Revenue Fund; and
WHEREAS, said items mentioned are a part of the same fund and the transfer from
one item to another item in the same fund and is not a transfer from one fund to another
fund; therefore,
BE IT RESOLVED tha t there is herewith transferred the sum of $4,974.20 from some
items where there is a surplus to the items where there is a deficiency, according to de-
tailed statement attached, all in the General Revenue Fund of the current budget of Indian
River County as provided by law.
Item to Item Transfers
EXPENDITURES
A/C Name
921. Refund
211. Salary Co. Commissioners
541. Mental Health Unit
563. General Welfare
Contingencies
TOTAL
TRANSFERS
To From
$ 500.00
1,474.20
3,000.00
$3=000.00
1,974.20
41974.20 4,974.20
There being no further business, upon motion made, seconded and carried, the
Board then adjourned.
A
ATTEST:
CLE
_®®__0®®om®®®me_®®®_____-ev®____®®®®®_®___®®®-_®__® ®_®__®_s__®____®_______
MONDAY, MARCH 23, 1959
The Board of County Commissioners of Indian River County, met at the Courthouse,
Vero Beach, Florida in a special meeting held at 9:00 o'clock A. M., Monday, March 23, 1959.
Present were Chairman Robert W. Graves, D. B. McCullers, Jr.; Donald Macdonald and J. J. P.
Hamilton. Also present were Sherman N. Smith, Jr., Attorney, Ed Schmucker, County Engineer
and Katherine Morrison, Deputy Clerk.
The Chairman stated this meeting was called for the purpose of hearing members of
the Indian River County Contractors Association and others interested in a building code for
the County.
Ralph Profeta, Sr. was recognized by the Chair and stated that the Contractors
Association had met with members of the Farm Bureau and that they were all agreeable to a
building code and also to requiring an examination for all contractors, if such code would
apply only to platted subdivisions and homes for resale.
The Attorney for the Board read the proposed Legislative bill for building codes
and stated that if such proposed bill were passed in the legislature that it did not nec-
essarily mean that a building code would be put ;into effect.
Mr. Joe Michael, representing the farm bureau, was recognized and stated that if
the code would have to cover the whole county and could not be limited to subdivisions that
the farm bureau was opposed to a building code.
Mr. W. J. Roschach read a letter which he presented to the Board in which he opposed
a building code and any requirements for examinations of contractors.
Other interested parties were heard after which upon Motion made by Commissioner
Hamilton, seconded by Commissioner McCullers and carried, the Board tabled the matter until
the next regular meeting of the Board.
There being no further business, upon Motion made, seconded and carried, the Board
then adjourned.
ATTEST:
CLERK
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