HomeMy WebLinkAbout7/6/1961The Board of County Commissioners of Indian River County,l et at
•the Courthouse, Vero Beach, Florida in a regular meeting held at 9:00
o'clock A.M., Thursday, July 6, 1961. A11 members were present. Also'.
present were Sherman N. Smith, Jr., Attorney for the Board, Ed Schn ucker,
County Engineer and Katherine Morrison, Deputy Clerk.
The Chairman asked if there were any corrections or additions to
be made to the minutes of June 6th and June 20th. There -were none, and
upon Motion made by Commissioner McCullera, seconded by Commissioner Mac-
donald and unanimously carried, the minutes were approved as read.
The Chair recognized Mr. Al Forney who presented a list of recommen-
dations to the Board to regulate, restrict, limit and control the opera-
tion of motor vehicles upon the public beaches of Indian River County.
After looking over the proposed regulations, Motion was Made by Commissioner
Waddell, seconded by 'Commissioner Macdonald and unanimously carried, appoint-
ing a committee of the following persons: Commissioner D. B. McCullers,
Sheriff Sam T. Joyce, Tracy Turner, Alvin K. Forner and John Beadle, to
study the problems and present their findings and recommendations to the
Board at their next meeting to be held July 18th.
John Charles Mitchell, Attorney appeared before the Board on behalf
of Mr. and Mrs. Thomas H. Forster and presented the following Petition
for vacation of certain easements on Plat of Bougainlea Subdivision.
PETITION FOR VACATION OF CERTAIN EASEMENTS
ON PLAT OF BOUGAINLEA SUBDIVISION
TO: The Honorable Board of County Commissioners of Indian River
County, Florida:
COME NOW THE PETITIONERS, THOMAS H. FORSTER and
ELIZABETH FORSTER, his wife, by and through their undersigned Attorney,
and request that all those easements as shown on recorded Plat and dedication
by owner, of Bougainlea Subdivision, recorded in Plat Book I, page 97, phblic
records of Indian River County, Florida, be vacated and abandoned insofar as
the same may exist on the East 10 acres of Tract 1, Section 9, Township 33
South, Range 39 East, according to the last general plat of lands of THE
INDIAN RIVER FARMS COMPANY, filed in the office of the Clerk of the
Circuit Court, St. Lucie County, Florida, in Plat Book 2, page 25; said land
being part of Bougainlea subdivision, which is a subdivision of the East 20
acres of Tract 1, Section 9, Township 33 South, Range 39 East, according to
the plat thereof, recorded in Plat Book 2, page 97, Public Records of Indian
River County, Florida, a Replat of Plat Book 1, page 97.
The Petitioners further show that the above described property
was replatted into acreage by Replat number 1, recorded in Plat Book 2, page
97, Public Records of Indian River County, Florida, and that by Resolution
dated November 3, 1955, recorded in Deed Book 101, page 126, Public
Records of Indian River County, Florida, the Board of County Commissioners
of Indian River County, Florida, closed, vacated and abandoned all county
roads and relinquished and renounced the right of Indian River County and the
public in and to those certain roads lying and being in Bougainlea Subdivision
according to Plat Book 1, page 97, Public Records of Indian River Courty,
F lorida.
The Petitioners further show that they are the sole owners of the
East 10 acres of Tract 1, Section 9, Township 33 $outh, Range 39 East,
MITCHELL & MITCHELL, ATTORNEYS AT LAW, VERO BEACH, FLORIDA
according to the last general Plat, and that said property is not within any
municipality.
The Petitioners further show that all State and County taxes,
including taxes for the year 1960, have been paid.
The Petitioners further show that by Chapter 57-1412, Special
Acts of 1957, the Board of County Commissioners of Indian River County, was
authorized and empowered by Resolution adopted without Public Notice or
Hearing to vacate and abandon and to relinquish and disclaim the rights of
the publicacquired by dedication or otherwise to any and all rights -of -ways,
easements •or alleys, either conveyed to said County or dedicated to the
public by Plat or Deed recorded in said County.
1
The Petitioners further chow that there id not now and that there
has not ever been any use made by the public of said easements.,
Dated this t ' %y' , 1961.
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L
HELL
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orneys or omas orster
and Elizabeth Forster
After some discussion in the matter, Motion was made by Commissioner
Waddell, seconded by Commissioner Hamilton, and unanimously. carried, and
the following Resolution was adopted:
RESOLUTION
BE IT RESOLVED by the Board of County Commissioners of
Indian River County, Florida, that this Board does herewith find and deter-
mine gine as follows:
WHEREAS, THOMAS H. FORSTER and ELIZABETH FORSTER,
his wife, have applied to the Board of County Commissioners of Indian River
County, Florida, at their regular meeting on Thursday, July 6, 1961, to
vacate all those easements as shown on recorded Plat, and dedication by owner,
of Bougainlea Subdivision, recorded in Plat Book 1, page 97, public records of
Indian River County, Florida, insofar as the same may exist on the East 10
acres of Tract I, Section 9, Township 33 South, Range 39 East, according to
the last general plat of lands of THE INDIAN RIVER FARMS COMPANY, filed
in the office of the Clerk of the Circuit Court, St. Lucie County, Florida, in
Plat Book 2, page 25; said land being part of Bougainlea subdivision, which is
a subdivision of the East 20 acres of Tract 1, Section 9, Township 33 South,
Range 39 East, according to the plat thereof, recorded in Plat Book 2, page
97, Public Records of Indian River County, Florida, a Replat of Plat Book 1,
page 97, and
WHEREAS, THOMAS H. FORSTER and ELIZABETH FORSTER,
his wife, have shown that they are owners in fee simple to the title to that
property on which the easements are sought to be released and vacated; and
WHEREAS, said Board of County Commissioners , upon proo
duly shown, has found that there is not now, or ever has been, any use made
by the public of said easements on said plat which are herein sought to be
vacated; and
WHEREAS, said Board of County Commissioners has found that
said property is not located in any incorporated city or town, and that it is
for the best interest of the public and the owners of said property that said
plat be vacated insofar as the aforesaid easements are concerned; and
WHEREAS, said Board of County Commissioners does further
find that it was authorized and empowered by Chapter 57-1412,
Special Acts of 1957, by Resolution adopted without Public Notice
or Hearing to vacate and abandon and to relinquish and disclaim the
rights of the public acquired by dedication or otherwise to any and
all rights-of-way, easements or alleys, either conveyed to said
County or dedicated to the public by Plat or Deed recorded in said
County.
NOW, THEREFORE, BE IT RESOLVED, that all those easements as
shown on Plat of Bougainlea Subdivision which are contained in the
East 10 acres of Tract 1, Section 9, Township 33 South,•Range 39 Last,
according to the last general plat of lands of the Indian River Farms
Company, filed in the office of the Clerk of the Circuit Court, St.
Lucie County, Florida, in Plat Book 2, page 25; said land being part
of Bougainlea subdivision, which is a subdivision of the East 20 acres
of Tract 1, Section 9, Township 33 South, Range 39 East, according to
the plat thereof, recorded in Plat Book 2, page 97, Public Records of
Indian River County, Florida, a Replat of Plat Book 1, page 97, be,
and the same are hereby vacated, abolished and abandoned, and the
rights of Indian River County and the public therein are hereby re-
linquished and disclaimed forever. Provided, however, that this
Resolution does not constitute abandonment of any rights-of-way for
•
43rd Avenue or for 16th Street or for.canal as the same now exists.
The Attorney for the Board stated that he h dbbeen in contact with
Mr. Paul D. Raible.concerning the County buying his lots which lie directly
behind the Courthouse, and that Mr. Raible is willing WWI these lots
'to the County for $21,500.00 cash. The Attorney further stated that he
had received an appraisal from Charles Jewett which was very close to this
amount. Motion was made by Commissioner Waddell, seconded by ComMissianer
McCullers and unanimously carried, as follows That the long rangeplan
of the County anticipates the County acquiring all of the property pre-
sently adjoining the Courthouse, and that" as apart of that project the
County has been negotiating for several months with Paul D. Raible for the
purchase of Lots 22 and 23, Block 35, Original Town of Vero Beacti, situated
in Indian River County, Florida, and the County has caused the property
to be appraised by Charles C. Jewett, a duly qualified appraiser, that
after due consideration of the matter, that the County purchase all of the
above described property from the said Paul D. Raible for the total pur-
chase price of $21,5b0.00 to be paid in cash at closing, with Paul Raible
to furnish abstracts of title showing fee simple title with taxes and
insurance to be prorated to the date of closing.
Shoup Voting Machine Corporation had presented a contract to be signed
by the County covering accessory equipment for twenty voting machines
which Contract had been turned over to the Attorney for approval. The
Attorney stated he had revised a part of the Contract and said it was
now in order for approval. Motion was made by Commissioner Macdonald,
seconded by Commissioner McCullers and unanimously carried, that the
Board approves the following contract:
his if/ ei"9-19114, tor and birth
SIM Mal Warn 011111.01=1, a aim ' Ork smis ration
having its princigai, piece. a business at 141 Sat Street,
Mw mak, Mat Ulric ua s borsinstUrr called "Moue)
end =MI M, nailn, by tbik IOW C'Mtn' cOPIKE-
UMWOF tow arna awn, mum (sass hereinafter
called the « vy "),
!uliILtAT_A.
*, the partite hereto are desirous of reducing to
mating the terms and conditions of an Ott for the pur-
ohase and sale and lnstallatidn et certain accessory equipment
for seem saw ns►r owned by the County; and
iii#, Shoup heti a*be ttted a bid for this work Which
it is new desired to **mot,
MM. IIIIIMINSM it is agreed.as fo3.lo tss
1. Shoup hereby agree* to fu rniah to the County all the
tial aeosesery eqOpment and parts necessary to.convert the
twenty (SD) smobanes new owed by the *Minty so as to provide
f!r the listing est candidates ver tioally on the ballot and so
am tie allot fei genirally greeter flexibility in the ballot.
asaltwill *0 required in ca action with the
otf 40 the ammaineta suppuitiental interlocks and
ZOO imeledery pull * s Par es0h.
3. S woes Is Oielmer shit at * thr
emilignited by SW than rr 31, 1961,
INNS *Op ..Own argy Maw inneinft
delivery or failure to makedelivery, provided such delay or failure
arises from strikes, labor disturbances, stoppages at the manufacturing
plant or any of the plants of the suppliers, or other causes beyond Shoup's
control.
• 4. Shoup further agrees to install on each of the twenty (20)
machines now owned by the County the three (3) supplemental interlocks
and one hundred (100) accessory pull straps to convert the machines as
hereinbefore provided. The County will furnish personnel to assist in the
installation of the parts purchased and the conversion of the machines,
who will then be instructed by Shoup in the use of the machines as con-
verted.
S. Shoup guarantees all parts furnished against defects or im-
perfections in material and workmanship and agrees for a period of five
years from the date of their delivery to make good by repair or replace-
ment any and all imperfections or defects in the material, mechanism or
workmanship of any of the parts furnished, provided that they have been
properly cared for and provided that such repairs and replacements are
not made necessary by the elements, fire, accident or careless or
malicious handling.
6. The County agrees to pay the purchase price of the parts
delivered in the amount of Three Thousand Three Hundred Ninety Dollars
03,390.00) to Shoup within thirty (30) days of the date of delivery and
installation.
7. The amount of any present or future personal property,
sales, excise, use tax or tax of a similar nature payable with respect
to said machines or their rental, shall be borne by the County and it shall
reimburse Shoup for any such taxes
2
rsqdrsd to bs paid by it, within thirty (30) days after
na+tios of such piquant.
IN =NM 117, the psrtiss have oaursd this agrosment
to be emocuted and their reopeative goals to bs affixed and
attested by the duly authorised offices sr officials.
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Tin SUMP Varma OCIRMATXON
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MODEM MUSTY as OF
INDILN RIM COUNTY, FlORIDA
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The Attorney for the Board pxsstated; Cirttfiadrag;
Department Right of Way Resolution, ,Right Of iiay> Contrast
and Survey for State Road • S-606 (Oslo Road).. Motion was' sset'`by Comedeethee
Waddell, seconded by Commissioner Hamilton, and the following Resolution
wa8 unanimously adopted:
COUNTY COMMISSIONERS' RESOLUTION
On motion of Commissioner /02.IhU , seconded by Commissioner
the following resolution was adopted:
WHEREAS, the State Road Depaznt of Florida has authorized and requested
DOW RZ' County to furnish the necessary rights of way, borrow pits and ease-
ments for that porter of /ostiea ee6ia, Oslo Nowl 14068 s Mlles Pootai noir
the Soethwert eoz r of poetise 19, I1p 33 304114 101140 39 31.1, imati 3 alseg
Oslo Mad to iodise •iver,
which has been surveyed and located by the State Road Department 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
WHEPEAS, the said Department will not begin construction of said portion of
said Seetiou in said County until title to all land necescary for said portion of
said Section has been conveyed to or vested in said State by said County, and said
lands are ;physically cleared of all occupants, tenants, fences, buildings and/or
other structures and improvements upon or encroaching within the limits of the land
required for said portion of said Section; and
WHEREAS, the said County is financially unable at this time to provide the
necessary funds to acquire said rights of way, borrow pits and easements; now there-
fore, be it
RESOLVED, that the State Road Department of Florida be and it is hereby re-
quested to pay for the rights of way, borrow pits and easements for said road, in-
cluding the removal of buildings; fences and other structures and improvements there-
ou, and for other expenses of acquiring title to said rights of way, borrow pits and
easements by purchase or condemnaticn, from such funds and under such conditions as
are set out in the contract hereto attached; and be it further
RESOLVED, that said County, through its Board of County Commissioners, comply
with the request of said Department and procure, convey or vest in said State the
free, clear and unencumbered title to all lands necessary for said portion of said
Section, and deliver to the State Road Department said lands physically clear of all
occupants, tenants, fences, buildings and/or ether structures and improvements situate
upon or encroaching within the limits of the lands required for said portiou of said
Section, and that the Chairman and the Clerk of this Board be and they are hereby
authorized and directed to execute and deliver on behalf of said County to said De-
partment the Contract in the form hereto attached; and be it further
RESOLVED, that the attorney for this Board be, and he is hereby authorized
and directed to proceed to take the necessary steps for he County to acquire in the
name of said County by donaticn, purchase, or ccndemeeticn sa+.d rights of sway, borrow
pits and easements for said portion of said Cectioa, and to prepare in the name of
said County by its County Commissioners all conLem ation papers, affidavits and
pleadings, and prosecute all condemnation proceedings to judgment; and furnish to the
Department the abstract search provided for in said Contract.
STATE OF FLORIDA
COUNTY OF mug ata
I HEREBY CERTIFY that the foregoing is a tr a and orrect copy of resolution
passed by the Boar of County Commissioners of County, Florida, at
meeting held the y day of mow ,, , A.D. 196./, and recorded in the Commissioners'
Minutes. d'
of AVITNESS WE -I hereaauto set my hand and official seal this 4 day
, A. D. 19f.
(S)
CLERK OF THE
OF jam.
e VT.
OF COUNTY COMMISSIONEH3
COUNTY FLORIDA
The Attorney for the Board stated he had received a quit -Claim Deed
abandoning a certain portion of STate Road 5, which said portion was some
land which would be given back to Mr. Buckingham. The Board requested the
County Engineer check the description and report back to the Board.
Upon Motion made by Commissioner McCullers, seconded by Commissioner
Waddell and unanimously carried, the following Item to Item Transfers
were approved.
RESOLUTION - NO. 61 -
WHEREAS, there is a total surplus of $375.00 in the Fine &
Forfeiture 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 a deficiency in funds necessary to provide for
the proper and authorized expenditures under some items in the Fine &
Forfeiture Fund; and
WHEREAS,.satd 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 that there is herewith transferred the sum of
4375.00 from some items where there is a surplus to the items. where
there is a deficiency, according to detailed statement attached, all
in the'Fine '& Forfeiture Fund of the current budget of Indian River
County'as provided by law.
Item to Item,Transfers
EXPENDITURES
A/C Name
316. Sheriff's Salary
To
$375.00
TRANSFERS
•From
Sheriff's Reserve for
Contingencies $375.00
RESOLUTION NO. 61 -
WHEREAS, there is a total surplus of $1570.00 in the General 1
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 a deficiency 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 that there is herewith transferred the sum of
$1570.00 from some items where there is a surplus to the items where
there Is a deficiency, according 'to detailed 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 TRANSFERS
A/C Name To From
211. Salary County Commissioners $750.00
262. Legal Ads 800.00
275-2. Juvenile Expense 20.00
672. Civil Defense $1570.00
TOTAL $1,570.00 $1,570.00
RESOLUTION NO. 61
WHEREAS, there is a total surplus of $21,500.00 in the Capital
Outlay 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 a deficiency in funds necessary to provide for
the proper and authorized expenditures under some items in the Capital
Outlay 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 that there is herewith transferred the sum of
$21,500.00 from some items where there is a surplus to the items where
there is a deficiency, according to detailed statement attached, all
in the Capital Outlay Fund of the current budget of Indian River County
as provided by law.
Item to Item Transfers
EXPENDITURES TRANSFERS
A/C Name To From
811. Purchase of Land
953. Reserve for Future Construction $21,500.00
$21,500.00
The County Engineer stated he had been approached b7 the Mayor of
the City of Fellsmere requesting $4,000.00 from the County Commissioners
toward the paving of a road at the East City limits of Fellsmere which
goes into the colored quarters and as far as the colored church near the
North City limits, which would be a stretch about 3/4 of a mile in length.
The Board stated they did not have the money at this time but would see
if anything could be done in next years budget.
Mrs. Gladys Vigliano who is taking Anne Christensen's place as
Welfare Worker while Mrs. Christensen is on vacation, gave a report of
their activities for the month of June, and said report was ordered filed.
Motion was made by Commissioner Waddell, seconded by Commissioner
Hamilton, and unanimously carried to pay George Galla $600.00 for right
of way required for 12th Street and also authorizing the Engineer to
negotiate with Henry Sapp for right of way.
Sherman N. Smith, Jr. advised the Board that in view of his appoint-
ment as Judge of the District Court of Appeals, 2nd Appellate District,
that he is herewith submitting his resignation effective July 31st, and
further advised that the remaining members of his firm stated that they
also would not be in a position to continue this attorneyship, and therefore,
they requested they not be considered. Motion was made by Commissioner
Waddell, seconded by Commissioner Macdonald and unanimously carried, that
Sherman N. Smith, Jr.'s resignation was accepted with regret and John R.
Gould was appointed attorney to the Board affective August 1st, 1961.
Motion was made by Commissioner Macdonald, seconded by Commissioner
McCullers and unanimously carried, requesting,the Clerk send notices to
all departments that no equipment will be paid for by this Board unless
specifically requested and so authorized by this Board.
Motion was made by Commissioner Waddell, seconded by Commissioner
Macdonald and unanimously carried, authorizing the County Engineer advertize
for bids for materials needed in the coming year.
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 re-
spective funds being listed in the Supplemental Minute Book as provided by
DDD
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 statement, showing re-
ceipts and disbursements of the various funds, which have been audited and
found to be correct.
There being no further business, on motion made seconded, and carried,
the Board then adjourned.
ATTE S'
4310-4>ithil
CHAIRMAN
CLERK