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HomeMy WebLinkAbout9/1/19590 1 1 • 1 10 1 myl TUESDAY, SEPTEMBER 1, 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, September 1, 1959.1 All members were present. Also present were Sherman N. Smith, Jr., County Attorney, Ed Schmucker, County Engineer and Katherine Morrison, Deputy Clerk. Upon Motion made by Commissioner Waddell, seconded by Commissioner Macdonald and unanimously carried, the minutes of August 4, 12th and 18th, were approved as read. C� VERO BEACH PRESS -JOURNAL Published Weekly NOTICE Vero Beach, Indian River County, Florida -COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly'. newspaper published at Vero Beach in I-n�dian- River County, Florida; that the attached copy of advertisement, being a' -_ _- in the matter of in the Court, was pub. lished in said newspaper in the issues of o_ ),iS Affiant further says that the said Vero Beach Press Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, 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 attachT copy of advertisement; 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 advertisement for publication in the said newspaper. Sworn to and subscribed before me this _ 3 0 day of _._— A. D. 9_ w ri A I (SEAL) - (Business Manager) Notice is hereby given that the Zoning Commission of. Indian River County, Florida, has made its final report: recommending changes and additions to the Zoning .Resolution of Indian River 'County, =-Florida; which said changes and additions are substantially as follows:- 1. That the ` Zoning Map be changed in order that the following described property, situated In In- dian River County, Florida, to- wit: o-wit: All of the area lying West of 6th Avenue,. South of 11th Street, " East of an extension of 7th Avenue and North of 10th Street; be changed from R-2, Single Family District, to C-1, Commercial Dis- trict. A public hearing in relation there- to at which parties in interest and citizens shall have an opportunity to be heard will. be, held by the Board of County Commissioners of Indian River, County, Florida, in the offices of the Board, Indian Riv- er County. Courthouse, Vero Beach, Florida - at 9:00 o'clock A. M. on the 18th day of August, 1959, after 'which said. Board will "take action thereon with respect to said final report or with respect to any other :changes in zoning of said above described property or any lesser or greater area In the vicinity of said i property or pertaining to said pro- posed, changes as shall , appear proper. BOARD OF COUNTY COMMIS- i SIO"RS OF INDIAN RIVER COUNTY; FLORIDA By:' Robert W. Graves, Chairman July- 30, 1959. The Chairman read the foregoing Notice and asked if there were any present who hed to be heard. There were none and after some discussion in the matter and upon Motion by Commissioner Macdonald, seconded by Commissioner Waddell and unanimously carried, the flowing REsolution was adopted: R E S O L U T I O N WHEREAS, The Zoning Commission of Indian River County, Florida, did after public ring make its final report recommending changes and additions to the Zoning Resolution f Indian River County, Florida; and, WHEREAS, this Board did publish its notice of said recommenddd--chagges and tions and did, pursuant thereto, hold a public hearing in relation thereto at which parties in interest and citizens were heard; Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Resolution of Indian River County, Florida, and the accompanying (Zoning Map, be changes as follows: EW I MY SPW 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit? All of the area lying West of 6th Avenue, South of 11th Street, East of an extension of 7th Avenue and North of 10th Street; be changed from R-2, Single Family district, to C-1, Commerical District. solution. All within the meaning and intent and as set forth and described in said Zoning Mr. Peeples, District Forester with the Florida State Board of Forestry appeared fore the Board and presented a report of expenditures for the year 1955-59 in Indian River County. Said report was ordered filed by the Clerk. Mr. Leroy E. Douglass appeared before the Board and requested a permit to carry a gun, stating he was going to carry on a protective or patrol business and would need a gun. Board upon Motion made by Commissioner McCullers, seconded by Commissioner Maddonald and carried agreed to issue Mr. Douglass a permit if he would secure a letter from the Sheriff endor. ing the issuing of such a permit. Irene McHargue appeared before the Board and stated she would like to get a ten year lease on the Wabasso Recreational Center Building. The Board told her she would have to deal th the Wabasso Civic Club to get such a lease. Mrs. Mc Hargue also requested permission to pu a concession at the Ambersand Beach, and the Board informed her their plans for this Beach too hazy at the present. Dan Knoebel appeared before the Board requesting a water and sewer franchise. Sherma . Smith, Jr. had prepared a suggested model form of franchise, which suggested form of franchis gone over in some detail and several suggested changes were made. The Board requested the ttorney to make the changes in the franchise and prepare the Notice for Public Hearing at the t meeting. The Board also requested Dr. Flood of the Health Department and Dick Starr to over the franchise and to give us their thoughts in the matter. A letter was read from J. A. Thompson, Superintendent of the Board of Public In- struction requesting that if at all possible that the school trustees' election could be held ,with the County election in November and that the school Board would bear their pro rata share of the expense of the election. After some discussinn in the matter and upon Motion made by ssioner Waddell, seconded by Commissioner McCullers and unanimously carried, the Board con- s with the School Board that the election to be held November 3, 1959 be jointly held for hool and county matters to be voted on that day and that the Clerk and Supervisor of Regis - tion be requested to work out the details. The Matter of the proposed closing of the railroad station in Sebastian by the lorida East Coast Railway Company was discussed and upon Motion made by Commissioner Waddell, econded by Commissioner Macdonald and unanimously carried, the following Resolution was adopted; 1 0 J 1 D EJ 1 1 9 1 0 1 1 11 R E S O L U T I O N WHEREAS, J. Turner Butler and William A. Hallowes, as Trustees of the property of Florida East Coast Railway Company, have given notice that they will file with the Florida Railroad and Public Utilities Commission at Tallahassee, Florida, an application for authority to abandon, discontinue, close and remove its station at Sebastian, Florida, for all purposes except as a non -agency station for the handling of carload shipments, and, WHEREAS, the railway station at Sebastian is the only station serving the general area of the northern part of Indian River County and particularly the Cities of Sebas and Fellsmere and the community of Roseland, and, WHEREAS, during the past two years and particularly the past year this area of t County has begun a rapid and substantial growth and increase in business and population which foresees even greater use and public demand for said station than has heretofore existed; NOW, THEREFORE: BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that this Board does on behalf of the citizens of the northern part of Indian River County herewith protest to said railway company and to the Florida Railroad and Public Utilities Commission the application to close said station and does herewith request that said station remain open and established, and BE IT FURTHER RESOLVED that certified copies hereof be furnished to said trustees] said utilities commission and to the press and radio. Mrs. Gladys Vigliano, County Welfare Case Worker appeared before the Board and give a report of her activities for the month of August. Said report was ordered filed. The Attorney for the Board read the recommendations made by the Planning and Zoning Commission at their meeting held August 28, 1959. That the Zoning Map be changed in order that the following described property, situated Indian River County, Florida, to -wit: All of Blcok 8 of the tentative plat of Indian River Highlands, located in the North half of Section 5, Twp 32 S, Range 39 East; be changed from R-1,1 Single Family District to C -1-A, Restricted Commercial District. That the Zoning Map be changed in order that the following described property, situated in Indian River County, Florida, to -wit: All of Block 9 and 14, and all of Lots 6 to 11, inclusive of Block 23, and all of Lots 22 through 27, incl., Block 7, of thatentative plat of Indian River Highlands, located in the North half of Section 5, Twp 32S, Rge 39 E, be changed from R-1, Single Family District to R -2-A, Multiple Family;- District. That the North 230 feet and the West 230 feet of the Airport property in question be C-1, Commercial District and that the remainder remain M-1, Industrial District. After some discussion in the Matter, and upon Motion made by Commissioner cdonald, seconded by Commissioner Waddell and carried, the Board authorized a public hearing on the proposed above zoning changes be held. The Board discussed the matter of obtaining secondary road funds held by the State to the Credit of the County at this time instead of waiting until all right of way maps have been received from the State Road Repartment for State Road 5. Upon Motion made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, the following Resolution adopted: R E S O L U T I O N WHEREAS, the Board of County Commissioners of Indian River County, Florida, Ithe State Road Department of Florida have heretofore agreed upon the location, relocation and alignment for State Road No. 5, Job 88010 - 2205 in Indian River County, Florida, extending from Ithe City of Vero Beach to Wabasso; and, WHEREAS, Indian River County, Florida, has heretofore agreed to obtain all of right of way for this d which will complete the four-laning of said road through Indian ,ver County, which has been the long expressed desire and intention of this Board, of the Sta Department and then Governor; and, WHEREAS, Charles C. Jewett, a duly qualified appraiser has been employed to appraise and determine the value of all of the property required for this right of way and said appraiser has from time to time submitted his appraisal of the various parcels, which appraisal Ihas been approved by this Board; and, WHEREAS, the attorneys for this Board, have, at the direction of this Board, contacted all of the property owners which parcels have been so appraised and effected an agreement by which such property owners do convey their property for this right of way in Iconsideration of an amount not in excess of the appraised value and contingent upon prompt pa to said property owners; and, WHEREAS, it is now apparent that two or three months further time may be required by the State Road Department in completing it's detailed right of way map and further time will be required by the Appraiser after the receipt of the said detailed map; and, WHEREAS, it is apparent to this Board that any delay in making funds available Ito the County for this right of way may materially increase the cost in obtaining the same due oto the speculation and speculative values immediately placed upon property along a new road alignment; now, Therefore, BE IT RESOLVED by the Bdard of County Commissioners of Indian River County, Florida, that this Board does herewith urgently request the State Road Department to approve Ithose appraisals heretofore submitted to it and to make available the secondary road funds to Ithe credit of this County for the payment of the costs of this right of way in order that the Imany agreements heretofore made can be consummated by payment of the purchase price and delivery sand recording of the Deed; and, BE IT FURTHER RESOLVED that this County does herewith specifically commit Iitself toward the continuing of all of this right of way and does herewith request the State Department to make available said County's secondary road funds to the extent required for obtaining said right of way even if the total funds available and now to the credit of the said County are insufficient to obtain all of the right of way and even though' -the -exact total cost for all of said right of way will not be known until the appraisal is completed; and, BE IT FURTHER RESOLVED that a certified copy hereof be furnished to the Honorable Joe Grotegut, Chairman, and the Honorable William D. Singer, Member from this district of the State Road Department, with the request that they cause the funds to be made immediately available for said right of way. It 0 1 1 0 C 0 1 1 0 LJ L- 0 1 U LJ 1 Upon Motion made by Commissioner Macdonald, seconded by Commissioner Waddell and unanimously carried, the following letters of agreement were approved. August 17, 1959. Mrs. Willie Powell Box 274 Vero Beach, Florida In Re: U. S. No. 1 - SRD No. 30. Dear Mrs. Powell: In consideration of your conveyance of land for right of way, as described in the Special Warranty Deed comprehended under the aabove SRD No., Indian River County, acting by and through its Board of County Commissioners, herewith agrees as follows: 1. To purchase your Lot (Lot 4, Block 1, W. E. Geoffrey) and the building located thereon, which is presently used by you as a restaurant, for $2,500.; this amount to include the purchase of shrubbery and plantings. 2. The above stated sum, Indian River County's conclusive offer, will be paid to you within 60 days of the date of this letter. This agreement is approved by the Board of County Commissioners at its meeting, as shown by its minutes. Thanking you, I am, Yours sincerely, MICHAEL O'HAIRE Mr. Monroe E. Powell Box 1027 Vero Beach, Florida In Re: U. S. No. 1 - SRD Nos. 73 & 74 Dear Mr. Powell: In consideration of your conveyance of land, as described in the Special Warranty Dees comprehended under the above SRD Nos., Indian River County, acting by and through its Board of County Commissioners, herewith agree as follows: 1. To provide a culvert under the proposed highway so that drainage will not be obstructed as it presently passes through the ditch at your North boundary line (the South right of way line of the County road . ) 2. To grade access drives on to both sides of the new U. S. No 1, at whatever points you may indicate them as being necessary. 3. To provide the above prior to, or in the course of construction. This &gfce pent is.approved by the Board of County Commissioners at its meeting as shown by its minutes. Thanking you, I am, Yours sincerely, MICHAEL O'HAIRE I 1M0; SMP 516 Mrs. Theola D. Perry Box 273 Vem Beach, Florida IN RE: Proposed U, S.'_No. 1 - SRD No. 12 Dear Mrs. Perry: In consideration of your conveyance of land necessary for right of way, as described in the Special Warranty Deed comprehended under the above SRD No., Indian River County, acting by and through its Board of County Commissioners, herewith agree as follows: 1. Indian River County will purchase Lot 105, Block 7, W. E. Geoffrey Subdivision, together with the shrubbery located thereon, from you fro $400., said amount to be paid to you within 60 days of the date of this letter. 2. Indian River County will assume all expenses and responsibilities for relocation of your duplex type dwelling. 3. Indian River Cpunty guarantees, after moving said structure restoration to condition as good as that prior to relocation. 4. The above will be done prior to construction, and, in the meantime, you may continue in possession. This agreement is approved by the Board of County Commissinners at its meeting as shown by its minutes. Yours sincerely, MICHAEL OYHAIRE John A. Campbell Route 1 Vero Beach, Florida In Re: Proposed U. S. No. 1 - SRD No. 2 Dear Mr. Campbell: In consideration of your conveyance of land necessary for right of w4y, as described inthe Special Warranty Deed comprehended under the above SRD No., Indian River County, acting through and by its Board of County Commissioners, herewith agree as follows: 1. Indian River County will purchase that part of Lots 181, 182, 182, And 184, W. E. Geoffrey Subdivision, as described in the instruments assigned SRD No. 2, together with shrubbery located thereon and the frame house presently on Lot 181, from you for $4,312., said amount to be paid to you within 60 days of the date of this letter. 2. Indian River County will assume all expenses and responsibilities for relocation of your store and storage building on Lot 184, W. E. Goeffrey Subdivision, leaving in tact your well. 3. Indian River County guarantees, after moving said structures, restoration of them to condition as goad as that prior to relocation. 4. The above will be done prior to construction, and, in the meantime, you may continue in possession. This agreement is approved by the Board of County Commissioners at its meeting as shown by its minutes. Yours sincerely, MICHAEL O'HAIRE 0 1 0 1 L 1 0 r1 U 1 1 40 1 is 1 0 Mr. H. B. Grumbach Route 1 Vero Beach, Florida In Re: Proposed U. S. No. 1 - SRD No. 85 Dear Mr. Grumbach: Following our conversation, I advised the County Attorney of your situation with regard to highway right of way as it effects the dyking of the North Relief Canal, and consequently your property. He, in conjunction with the County Engineer, authorized me to agree for the County as follows: 1. In consideration of your conveyance of land necessary for right of way, as described in the deed comprehended under the above SRD No., without cost to the Xounty, Indian River County will provide proper and sufficient dyking along the East right of way line of the proposed highway, said dyking to run South from the present North Relief Canal dyke to whatever point may be high enough on your land to insure against danger of flood in high water. 2. The above mentioned dyking will be surveyed and installed prior to, or in the course of construction of the new US 1. This letter supersedes previous correspondence, and constitutes Indian River County's formal acknowledgment of obligation to fulfill the conditions herein outlines. In view of this agreement, would you please sign, together with your wife, if you are married, the Special Warranty Deed that I had previously sent you. Please do this in the presence of two witnesses before a notary public, who should affix his seal and state the expiration date of his commission. Couly this be done as soon as possible? Thanking you, I am, Yours sincerely, MICHAEL O'HAIRE Several letters were received with regard to a name for the park area purchased from the Federal Government in Roseland, also a Resolution from the Jaycees was read. After some discussion in the matter and upon Motion made by Commissinner Macdonald, seconded by Commissioner McCullers and unanimously carried, the following Resolution was adopted: RT'E S 0 L U T ION WHEREAS, this Board has obtained by deed from the United States of America land for tablishment of a public park on the Sebastian River in the northernpart of this County, and, WHEREAS, Dale Wimbrow�-.did during his lifetime devote much of his time and effort to the promatMon, growth and betterment of Indian River County, with particular reference to the rthern part thereof, and, WHEREAS, Mr. Wimbrow_.was noted for his love for and desire to preserve the natural beauties of Florida as are exemplified by this public park, and, WHEREAS, as a distinguished author and publisher Mr. Wimbrow did make known to the wor the natural beauties of this section of Florida; NOW, THEREFORE: BE IT RESOLVED By the Board of County Commissioners of Indian River County, Florida, that the public park along the Sebastian River owned by said County is herewith named, designat nd established as Dale Wimbrowjft Memorial Park, and BE IT FURTHER RESOLVED that a=certified copy of this resolution be furnished to the family of Mr. Wimbrowaand to the press and radio. Further discussion was held regarding the request made by Dan Knoebel earlier in the meeting for a water and sewer franchise and upon Motion made by Commissioner Waddell, seconded .by Commissioner McCullers and unanimously carried, the Board ordered that public hearing be hel on September 15, 1959 at 10:00 o'clock A. M. on the application of Rockridge Water and Sewer Co for a franchise for water and sewer systems and that notice thereof be published according to law. Sherman N. Smith, Jr., County Attorney stated he had received Mr. Jewett's Appraisals on SR Deed Vs 31B, 342 672 692 73, 75, 79, 88 and 90. Upon Motion made by Commissioner Waddel seconded by Commissioner McCullers and unanimously carried, said appraisals were accepted by the Board. The Board members had met with the members of the Board of Public Instruction to view the site, owned by the County, which the Board of public Instruction would like to acquire for C a new High school Building, and upon Motion made by Commissioner Macdonald, seconded by j Commissioner McCullers and unanimously carried, the County approves the request of the Board of Public Instruction that the County convey approximately 40 acres of a tract of land owned by they i N County to the Board of Public Instruction for use as a public school, the property being ° I described as the NW'k of the NE'k of Sec. 11, Township 33 S, Rge 39 East in Indian River County, Florida, provided however, that the County Engineer is requested to work out with the Board of Public Instruction reservations for adequate public roads for the 20 acres on the West, and for an East and West road on the boundary line of the South parcel to be conveyed to the school P board and the remaining County owned property on the South, and for right of way for the extensi' of 16th Avenue South to 12th Street and with any other reuirements for right of way for roads or drainage canals that may appear necessary. A letter was read from Mr. A. G. Fittz regarding a franchise for garbage and trash disposal in the County. No action was taken and said letter was ordered filed. The County Engineer brought up the matter of right of way on Mr. Massey's Island where the Wabasso bridge is located and the Board requested the Engineer to request the State Road partment to release and put up monuments giving John Massey an extra 50 feet. This is on the rth side of the right of way. The County Engineer stated Raymond Smith had brought in a tentative Plat to be called 1 Palm Place located on Walker Avenue and running North. He further stated he would like to request a 78 foot right of way on the Section line at Walker Avenue from Mr. Smith and not require any right of way from Mr. Smith on his North line as this abutts against the rport property. The Board concurred. The County Engineer stated Mr. Roschach was in with a tentative plat of a new subdivisi Clemanns Avenue to be called Idlewild S/D and that Mr. Roschach was reluctant to give a 35 f ght of way on the North side of this S/D for the reason it abutts Mr. Bud Holman's property a didn't think a road would ever be opened up there. The Board requested the County Engineer quire a Deed for this right of way from Mr. Roashach with a 20 year reverter clause. ration 0 1 1 LJ n LJ 1 1 0 1 F� 1 0 1 1 0 The County Engineer told the Board he would place an old 48" culvert pipe which he removed from another site, in on Surrency's property to drain the water from Surrency's property into the Boat Channel at Blue Cypress Lake. 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 Depositories filed their monthly statements, showing receipts and disbu of the various funds, which have been audited and found to be correct. There being no further business, on oration made, seconded and carried, the Board then ! adjourned. xi CHAIRMAN CLE. ----------------------------------------------------------------------------------------------- �a TUESDAY, SEPTEMBER 15, 1959 The Board of County Commissioners of Indian River County, met at the Courthouse, Vero Beach, Florida in a regular meetiLag held at 9:00 o'clock A. M., Tuesday, September 15, 1959. All members were present, also present were Sherman N. Smith, Jr., County Attorney, Ed Schmucker, County Engineer and Katherine.Morrison, Deputy Clerk. A Resolution was received and read from the Board of Hospital Trustees requesting the Board of County Commissioners invest certain funds obtained from the sale of Hospital Bonds. After some discussion in the matter and upon Motion made by Commissioner Macdonald, seconded by Commissioner Waddell and unanimously carried, the following REsolution was adopted: R E &0 L U T 1 0 N WHEREAS, The Board of County Commissioners of Indian River County, Florida, did here- tofore sell $750,000.00 of Hospital Bonds, dated February 1, 1959; and, 0 WHEREAS, the proceeds from the sale of said bonds were deposited with the Indian River Citrus Bank in a special account and there now exists a balance of $724,275.00, and , WHEREAS, the Trustees of Indian River County Public Hospital and the Board of County Commissioners of Indian River County, Florida, have heretofore entered into a contract with E. M. NETTO for the construcjzion of additions and alterations to the hospital, said contract, being in the amount of $353,222.00; and, WHEREAS, it is estimated by the Trustees of Indian River County Public Hospital that the sum of approximately $50,000.00 will be required to purchase equipment for the new adds to the hospital; and,