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HomeMy WebLinkAbout5/22/1962The Board of County Cpiri.esio oars of Indian River COMMty, ` mmt at the Courthouse, Vero Beach, Florida, in a regular hooting held at 8:00 o'clock, A. M. Tuesday, May 22, 1962. All aea� hers were present. - Also present were Ed Sdhmucker, County Engineer, John Gould, Attorney, Al Webber and Freda Wright, Deputy Clerks. 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 -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertise- ment, being a in the matter of .- in the Court, was pub- lished in said newspaper in the issues of 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 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 publit2tibn in,the said newspaper. • 'rt. Sworn to and subscribed -1 efrfte:':Me this ____I _CI - day of $2_"!"t_. A. D 2— r ti (SEAL) nager) (Clerk of the Circuit Co , Indian River County,)lorida) NOTICE • NOTICE IS HEREBY GIVEN tlgat the ,myon -Rjver Ctiounty Zon- ing Conttnis*Ion has made its final report reco,nasenill g aunties sad additions to ate- waft resnhetieq, at Indian River County, Fisrida. -which said changes and additions are substantially Ips ihasws: 'That the Zoning Map be changed is order that the allowing de- scribed property, situated in Indian River County, finer Ia, to wit: The East 20 acres of Tract 5; all of Traeta 6, 7 and 8; the West 20 acres of. area 9; .the East 10 acres of Tract 9; all of Tracts 10 and II: and the Bait 20' antesof Tiaot 12: Section 28, Township 9M South, Range 38 East,• be changed from Rol, Single Ram. ily .District, to M -1-A, Eertrloted Ea. dustrial District, all auiyect 4e }a1b- iie Mtnsring `ea 'provided by law. A public heating is relation there• to at which parties' in Interest and citizens shall h.we as opportrbty to be heard will be tied h7 the Ward of County Conralestoaers of .Indian River County, Florida, la the office of they gl ai'd at tate Indian River County Courthouse, Wens Beach, Florida, at MOO (Vann A. Id,. on ithe-g2i11 diEy of Mit% NM after which said Bopsei. ;wilt :ticks tion thereon with 'respect td any other changes in zoning of paid pkove described property or any Sesser or greater area a an ,rieise ity of SW pr9g rty or pertaining to said changes as aha# /Mesh proper. BOARD OF COvAT Y COM SIONEill¢i O' INDIAN $IV. ER COUNTY, FLORIDA By: ROBERT W: CRAVES Chairman May 3, 10, 1962. The Foregoing Notice was read and the Chairman asked if there were any persons present who wished to be heard with regard to the zoning change. No one present wished to be heard, therefor, Motion was made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, that the following Resolution be adopted: 600k 7 rh Et)9l COO 7 r4z)9 RES 0 L U T I 0 N WHEREAS, the Zoning Commission of Indian River County, Florida, did after public hearing make its final report recommending changes and additions to the Zoning Resolution of Indian River County, Florida; and, WHEREAS, this Board did publish its notice of said recommended changes and additions 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 changed as follows: 1. That the Zoning Map be changed in order that the following described property, situated in Indian River County, Florida, to -wit: The East 20 Acres of Tract 5; all of Tracts 6, 7 and 8; the West 20 Acres of Tract 9; the East 10 acres of Tract 9; all of Tracts 10 and 11; and the East 20 acres of Tract 12; Section 28, Township 32 South, Range 39 East. be changed from R-1, Single Family District, to M -1-A, Restricted In- dustrial District 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 -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertise- ment, being a in the matter of ___"IL." _ ___ _ in the Court, was pub- lished in said newspaper in the issues of 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 attached copy of adver- tispfnent;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 an subscribed before -me this (SEAL) I o day of A. D 1 Cf1- 1w_- iness anager) '(Clerk of 1 Circuit Court, Indian Riv County, Florida) Ever I, Nl 5 +•oo, .6111.6 611.166 mart ni et uIM ao.rd8 !Is gni Matt River Comfy etartliatieek; Worm Beach. • Burial. ter sale to ,ttte '.. b ttre' .tenovrlag{• , Lump sum bid for 3" Arhy{an Well with 2 — a" gates S test above ground and a S" Tee ap- proximately 1r" below ground.. Alternate bid for one •6" Ar- tesian Well with 2 — 2" gates 3f�above ground and"a 4" approximately below ground. Well to be located in area of picnic tables in Dale Wimbrow Park, 'Roseland, Florida. If further details are desired, prospective bidders may 'contact the County Road and ' Bridge Depart- ment. epartment. The Board reserves the right to watve any informalities and the right to reject any and all bids. An bids shall be in an envelope, securely reeled and marked on the outside, "aid for Artesian Well, open date May 6, 1862.". This Pith day of April, 1862. BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIV- ER COUNTY, FLORIDA By: ROBERT W. GRAVES Chairman May 3, 10, 1862. The Chairman read the foregoing notice for bids. There being no bids entered the call for bids was ordered re-advertized. The County Attorney stated that he had had considerable correspondence with the Railroad Company and thus far, nothing had been done to indicate that they intended to remove the barricade, at Roseland. His thought was that since the crossing had been in use for so many years, the public could have it removed by adverse possession. He suggested that if it was the Board's desire, suit could be brought against the Railroad. Motion was made by Commis- sioner Macdonald, seconded by Commissioner Waddell and unanimously carried, that the County Attorney is directed to enter suit against the railroad to re -open the crossing if after further study he finds it feasible to do so. soot 7 The Chairman read the foregoing notice and there being no objections the following Aesolutiton was adopted. IMO SO The following Resolution was introduced by Commissioner' Waddell , seconded by Commissioner Macdonald and unanimously carried. WHEREAS, the Board of County Commissioners of Indian River County, Florida, did receive and examine and tentatively • r adopt a proposed budget of excess receipts and their expendi- tures for the fiscal year ending September 30, 1962; and, WHEREAS, this Board did cause a summary statement thereof. to be advertised one time in a newspaper of general circulation published in Indian River County, Florida, to wit: In the issue of May 10, 1962, of the Vero Beach Press Journal, as will more fully appear by proof of publication thereof filed in the• minutes of this Board; and, WHEREAS, this Board did meet at the time and place stated in said advertisement for the purpose of hearing requests and complaints of the public regarding said Supplemental Budget and for the purpose of holding a public hearing and making whatever revisions in the budget it may deem necessary; NOW, THEREFORE, BE IT FURTHER RESOLVED that the Board of County Commis- sioners of Indian River County, Florida, does herewith tentative- ly adopt said Supplemental Budget for the fiscal year ending September 30, 1962, in the form heretofore tentatively adopted and duly advertised. BE IT FURTHER RESOLVED that said Supplemental Budget shall be filed in the Office of the County Auditor as a public record and the Clerk hereof shall transmit two copies of the Supplemental Budget as adopted to the Comptroller of the State of Florida and said Supplemental Budget shall be considered as finally adopted and official upon approval as to form by the Comptroller. B00y i) u; itfj: 0001( 7 Mr. Robert Kohler, President of the Florida National Bank, appeared before the Board and requested a pro rata share of the county depository. After considerable discussion it was decided to give the matter further study before taking any action. Al Webber requested that a Resolution be adopted to transfer funds in order to pay Nelson Faerber, Architect for county jail. Motion was made by Commissioner McCullers, seconded by Commissioner Macdonald and unanimously carried, that the following Resolution be adopted. RESOLUTI O N WHEREAS, there is a total surplus of $9,000.00 in the Capital Outlay Fund of Indian River County under some items and which surplus exists after 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 $9,000.00 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 Transfer Transfers A/C Name To From. 821 New Jail $9,000.00 811 •Purchase of Court House Land . $9,000.00 The Chairman presented a Resolution regarding. National Home Rule Road Bill. After some discussion and on Motion made by -Commissioner Macdonald, seconded by Commissioner Waddell, and unanimously carried, the following Resolution was adopted:and copies mailed to State Senators, Congressman and various other interested groups. RESOUTION WHEREAS, the Federal Government collecta.over 4.3 billion dollars annually in gasoline and other automotive taxes for Federal attd highway un - pray ements; rnprovements; and WHEREAS, only sixty per cent (60%) of these funds are placed in the High- way Trust Find for Federal -aid highway improvements, and the other forty per cent (40%), which amounts to over 1.7 billion dollars annually, is diverted to the General Fund and used for other than road purposes; and WHEREAS, this diversion of motor funds is depriving the motorists of • almost 60, 000 miles of road improvements annually; and WHEREAS, the House Committee of Ways and Means of Congress has before it for consideration H. R. No. 8612, entitled "A National Home Rule'Road Program, which provides for amendments to the Federal Aid Acts and Gasoline and Motor • Vehicle Tax Acts, to require that all .Federal gasoline and automotive taxes be placed in the Highway Trust Fund to be used exclusively for highway purposes; and WHEREAS, said program will provide that sixty per cent (60%) of the Trust Fund, the same amount that now is used, shall be allocated for improvements on the Federal -aid Highway System; and the forty per cent (40%) that now is diverted shall be allocated to the states for the improvement of state and local roads; one- half of the funds to be used for state roads, the other half to be alloca$ed by the states for the improvement of the local roads and streets in the Counties and cities; and WHEREAS, enactment of the National Home Rule Road Bill, H. R. No. 8612, will end the federal diversion of motor revenues, help restore national prosperity, provide employment for hundreds of thousands of men in the greatest state and local road improvement program in our nation's history, promote the civic welfare of every community and state in the nation, and help to reduce our state and local road tax burden; therefore be it RESOLVED, that we endorse the National Home Rule Road Bill, H. R. No. 8612, and inform our United States Senators and our Representatives in Congress of our action, and request their aid and influence in getting the bill reported from the House Committee of Ways and Means for prompt action by Congress; and be it FURTHER RESOLVED, that a copy of this Resolution be forwarded to United States Senators Spessard L. Holland and George A. Smathers, Senate Office Building, Washington, D. C., and to Congressman paul G.. Rogers House Office Building, Washington, D. C., and to our local newspapers, radio and television stations, to our Motor Clubs, Chambers of Commerce and other civic groups for their information and cooperation. Passed at a regular meeting of the Board of County Commissioners of the County of Indian River in the State of Florida on the 22nd. , day of May 1962. Chairman 800K 7 rhuEt1 Nmx 7 rAdLii At the request of Al Webber, Motion was made by Commissioner Waddell, seconded by Commissioner Hamilton and unanimously carried, that $20,000.00, representing the balance budgeted for the Indian River County School, is authorized to be paid. Al Webber was requested to discontinue the monthly welfare in the amount of $51.75 to Charlotte Atkin, now deceased. The Chairman read a letter from the County Judge, requesting authorization to attend the National Council of Juvenile Court Judges, that meets in Cleveland, Ohio, from June 25 to June 29, 1962, at an estimated expense of $226.30. Motion was made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, that the request be granted. A letter from the City Council of Cocoa requesting information on the new county jail was read to the Board. Commissioner Waddell sug- gested that a copy of the letter be sent to Nelson Faerber, Architect, to see if he might be interested in answering the letter. Rudy Hubbard appeared before the Board and presented an insurance plan to cover the county voting machines. After some discussion Motion was made by Commissioner Hamilton, seconded by Commissioner McCullers and unanimously carried, to advertise for bids on insurance for the voting machines. The County Engineer presented a petition from interested property owners requesting the county to repair and rebuild the county road known as,Military Trail. The County Engineer was requested to get an estimated cost for repairing the road and if the interested property owners would furnish a portion'of the costa, the same as was done on Fellsmere Cross State Road, the county would repair the road. The County Engineer presented a letter from Mrs: Mary Michael requesting the°county to give her a couple days Work with the county drag tine in exchange for right-of-way the county had obtained. through the Mur- pby Act. The County Attorney stated that in his opinion,, this could not, ,lelafly. be ion!' mind the County Engineer was requested to so advise. a: The County Engineer gave,a meeting in West P&1*. Beach giant re** was made by Commissioner Nacdona1d, s.000404, 'y ft44d s: and unanimously carried, that the trip -to West Palm Beach. to .Control meeting on May 11, 1962, is authorised. The. County Engineer stated that the county bad an agree®eat with Mrs. Gaines on. the U. S. No. 1 right of way that requires the county to • put two ditches on 'her property. He stated that one of the ditches had' been dug and that she was apparently satisfied not to have the other ditch. He suggested that the county might possibly get a release from her at this time. The Chairman suggested that he contact Mrs Gaines to see if she would sign a release to the county. • Mr. Ray Williams appeared before the Board and suggested that the Board place flags on the various voting precincts. The County Engineer was authorized to purchase flags and place them on the precincts where there were none on display Mr. Maclntyre from Blue Cypress Lake appeared before the Board and requested permission to put 6 trailers to rent on property near the • lake. The Chairman suggested that some of the Board members go out and check the location to see that everything is in order, then further action could be taken. Commissioner Waddell suggested that an increase in pay be given the election board officials if it could legally be done. The County Attorney advised that $1.00 an hour could legally be paid. Motion was made by Com- missioner Waddell, seconded by Commissioner Hamilton and unanimously carried, that the election officials be paid $1.00 per hour and the official in charge be paid an additional 2 hours and 7hp per mile for travel. Motion was made by Commissioner Macdonald, seconded by Commissioner Hamilton and unanimously carried, that this pay be retroactive to the first primary on May 8, 1962, if legally possible. The Chairman read a letter from Joe Wickham, Chairman Board of County Commissioners Brevard County, pertaining to Central and Southern Flood Con- trol meeting with the Corp of Engineers. Motion was made by Commissioner Macdonald, seconded by Commissioner Waddell and unanimously carried, that the following Resolution be adopted. 1 ` BoQ 7t4LdI J OoO ttio� i u;; Commissioner McCullers stated that he had been contacted by the Stephens' family with regard to placing Mr. Henry Stephens in a convales- cent home through the county and that they could pay all the expense except $35.00 per month. Motion was made by Commissioner Hamilton, se- conded by Commissioner McCullers and unanimously carried, that $35.00 per month be paid for the care of Mr. Stephens in a convalescent home. Motion was made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, that $13.12 is authorized to be paid to Commissioner Waddell for expenses of he and Mr. Schmucker at a meeting of the East Central Florida Regional Planning Council at Cocoa on May 8, 1962. The County Attorney presented the Resolution pertaining to the expenditures of the various county officials. Motion was made by Commis- sioner Waddell, seconded by Commissioner Macdonald, and unanimously carried, that the Resolution be adopted to become effective October 1, 1962, and fi R.ther that the Cork s.} 11,onotify all officers to subpiit.a list of fiscal requirements, prior to July 1, 1962, in order that they . may be considered in calculating the new budget. RESOLUTION WHEREAS, certain differences of opinion have arisen between this Board of County Commissioners of Indian River County, Florida, on the one hand, and certain County officers of Indian River County, Florida, on the other hand, concerning the responsibility of Indian River County, Florida, to pay the current operating expenses incurred by those County of- ficers in the operation of their respective offices; and, WHEREAS, this Board of County Commissioners of Indian River County, Florida, desires that Indian River County, Florida, should pay only such current operating expenses as it is required•by law to pay and no others; and, WHEREAS, the attorney for. this Board of County Commissioners of Indian River County, Florida, has given his opinion as to which of such current operating expenses should be paid by Indian'River County, Florida, 'and which should not be. paid by Indian River County, Florida, with which opinion Honorable Richard Ervin, Attorney General of. the.State of Florida, has concurred; and, WHEREAS, in order that there may be no further misunderstanding on this subject, this Board of County Commissioners. of Indian River County, Florida, desires that the following resolution be adopted and circulated in the manner hereinafter stated, NOW, THEREFORE: $S. IT RESOLVED by thee, Board of County Commissioners of Indian River County,.Florida, that, commencing October ,1, 1962, and continuing thereafter tL1: changgdby inhsequemt4eaelution, Indian. River County, Florida, will pay n° ourre nt :operating Asn , incurred by any County officer of Indian Fl i , _ in ration of his. office except where . it is rie� b'9 pay such expense BE IT FURTHER RESOLVED that the term "current operating expense" shall be liberally interpreted to mean all expenses incurred in the oper- ation of the office, including, but not limited to, personnel salaries, local and long distance telephone service, stationery and other, supplies, and similar services and things. BE IT FURTHER RESOLVED that, by virtue of Chapter 61-1651, Laws of Florida of 1961, Indian River County, Florida, will pay all current oper- erating expenses incurred in the operation of the Small Claims Court of Indian River County, Florida, provided that said Board first approves any and all such expenses before they are incurred. BE IT FURTHER RESOLVED that any County officer of Indian River County, Florida, who incurs a current operating expense in the operation of his office, which he feels should be paid by Indian River County, Florida, shall submit to the Board of County Commissioners of Indian River County, Florida, a requisition for payment of such expense, which requisi- tion shall include a citation to the Florida Statute or other law requiring Indian River County, Florida, to pay such expense. 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 as follows: General Revenue Fund, Warrant Nos. 616 to 657 both inclusive; Road and Bridge Fund, Warrant Nos. 401 to 445 both inclusive; Fine and Forfeiture Fund, Warrant Nos. 54 to 58 both inclusive and Capital Outlay Fund, Warrant Nos. 35 to 42 both inclu- sive. Such bills and accounts being on file in the office of the Cler4 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. There being no further business, on motion made, seconded and carried the Board then adjourned. Eve