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HomeMy WebLinkAbout7/24/1962TUESDAY, JULY 24, 1962 • The Board of County Commissioners of Indian River County, net at the Courthouse, Vero Beach, Florida, in a regular meeting held at 8:Q0 o'clock, A. M., Tuesday, July 24, 1962. All members were present. Also present were Ed Schmucker, County Engineer, Darrell Fennell, Attorney, acting for John Gould, County Attorney, Al Webber and Freda Wright, Deputy Clerks. Gladys Vigliano, County Welfare Worker, appeared before the Board, and stated that Mr. William Davie of Fellsmere, who is not a qualified. resident, needed county aid and was willing to have a lien placed on his property in order to obtain same. The County Attorney was requested to prepare the necessary legal papers. Mrs. Vigliano, stated that she would like to take her vacation beginning the 13th. of August. Motion was made by Commissioner Waddell, seconded by Commissioner Hamilton and unanimously carried, that Mrs. Vigliano be authorized to take her vacation beginning August 13, and that ,Mrs. Christensen will replace her. The Chairman read a letter from the Sheriff requesting a supplement budget of the Fine and Forfeiture Fund in the amount of $6,199.00 transferr- ed from Contingencies to Expenses other than salaries, be advertised. Motion was made by Commissioner Waddell, seconded by Commissioner Macdonald and unanimously carried, that the budget change be advertised. The Chairman read a Notice that was published in the Vero Beach Press Journal on July 12, 1962, advertising a supplemental budget of the Fine and Forfeiture Fund as follows: Fine and Forfeiture Fund Expenditures 311-1. County Judge Supplement 321 Fees & Costs, Clerk To From $ 4,500.00 2,000.00 Excess Receipts Cash Balances $6,500.00 There being no one present who wished to be heard, Motion was made by Commissioner Waddell, seconded by Commissioner McCullers and unanimously carried, that the following Resolution is adopted. i01 7 FZP9 LJ 7 : 730 RESOLUTION THE FOLLOWING RESOLUTION WAS INTRODUCED BY COMM. 1' DPT i - AND SECONDED BY COMM. 197(CvL4t'tf AND UNANIMOUSLY CARRIED. WHEREAS THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DID RECEIVE AND EXAMINE AND TENTATIVELY ADOPT A PROPOSED BUDGET OF EXCESS RECEIPTS AND THEIR EXPENDITURES 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 JULY 12, 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 HOLDIND A PUBLIC HEARING AND MAKING WHATEVER REVISIONS IN THE BUDGET IT MAY DEEM NECESSARY, NOW THEREFORE, 8E IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF• INDIAN RIVER COUNTY, FLORIDA, DOES HEREWITH TENTATIVELY 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 TOFORM $Y THE COMPTROLLER. J9LY 24, 1962 CLERK CHAIRMAN ' i The Chairman requested the County Attorney to.write a•letter to Reynolds, Smith and Hill and advise them that they are no longer employed by this Board. The Chairman presented a Resolution from the Florida Develop- ment Commission with regard to A -1-A project. Motion was made by' Commissioner Macdonald, seconded by Commissioner Waddell, and unanimously carried, that the following Resolution is adopted: RESOLUTION CONSENTING TO THE PLEDGE OF THE EIGHTY PER CENT (80) SURPLUS GASOLINE TAX FUNDS ACCRUING TO THE STATE ROAD DEPARTMENT FOR USE IN INDIAN RIVER COUNTY, FLORIDA, FLORIDA, FOR RENTAL PAYMENTS UNDER LEASE - PURCHASE AGREEMENT FOR INDIAN RIVER COUNTY ROAD AND BRIDGE PROJECT TO BE CONSTRUCTED BY FLORIDA DEVELOP- MENT COMMISSION WHEREAS, Florida Development Commission (hereinafter referred to as "Commission") is now undertaking the construction of a road and bridge project to be known as "Indian River County Road and Bridge Pro- ject") in Indian River County as provided in a resolution adopted by the Commission under date of June 11, 1962; and WHEREAS, the construction of said Project will be of great benefit to the inhabitants of Indian River County, and all of said Pro- ject will be located in Indian River County; and WHEREAS, the Commission and State Road Department of Florida have entered into or will hereafter enter into a Lease -Purchase Agreement for the said Project in the manner provided by law, and in order to finance the cost of the construction of the said Project by the issuance of revenue bonds by the Commission, it is necessary for rental payments under said Lease -Purchase Agreement to be made 731 .JE from the eighty per cent (80%) surplus gasoline tax funds accruing to the Department for use in Indian River County under Section 16 of Article IX of the Constitution of the State of Florida; and WHEREAS, the pledge of the said eighty per cent (80%) surplus gasoline tax funds is deemed advisable in the best interest of the County of Indian River and its inhabitants, and the construction of said Project and the pledge of said surplus gasoline tax funds were agreed to by the Board of County Commissioners in a resolution adopted on the 25th day of May, 1962; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: Section 1. That the County of Indian River, Florida, hereby agrees and consents that the 80% surplus gasoline tax funds accruing to the Department for use in Indian River County under Section 16, Article IX of the Constitution of Florida, be used for rental payments to be made by the Department under a Lease -Purchase Agreement for said Project executed, or to be executed, between the Department and the Commission in substantially the form 'of Lease -Purchase Agreement annexed hereto and made a part hereof. -2- Section 2. That the County of Indian River hereby consents and agrees to the pledge of said Indian River County gasoline tax funds to the payment of $400,000 of Florida Development Commission, Indian River County Road and Bridge Revenue Bonds to be issued by the Commission in the manner and according to the terms contained in said Lease -Purchase Agreement, a copy of which is annexed hereto and made a part hereof; and further agrees that such pledge shall commence from and after the date of the bonds and shall continue in full force and effect until all of said $400,000 bonds, including any refundings thereof, and all interest thereon have been paid and discharged. Section 3. That the pledge of said Indian River County gasoline tax funds made by said Lease -Purchase Agreement and this resolution shall be deemed to have been made for the benefit of the holders from time to time of said $400,000 of bonds to be issued by the Commission, and shall be enforceable in any court of competent jurisdiction against Indian River County, the State Road Department, the Florida Development Commission, the State Board of Administration, or any other agency of the State or Indian River County having any duties concerning the collection, administration, and disbursement of said Indian River County gasoline tax funds by any -3- Jk 33 holder of such bonds or the coupons appertaining thereto. Section 4. That the County of Indian River does hereby expressly ratify, approve, and confirm each and every provision of said Lease -Purchase Agreement, a copy of which is annexed hereto and made a part hereof, including the pledge of Indian River County gasoline tax funds; the rights, duties, and obligations of Indian River County; and all other terms and provisions of said Lease - Purchase Agreement. Section 5. That the Chairman of this Board and the Clerk thereof be and they are hereby authorized and directed to execute on said Lease -Purchase Agreement, after the same has been duly executed between the State Road Department of Florida and the Florida Development Commission, an appropriate legend to the effect that the County of Indian River had consented to the pledge of said Indian River County gasoline tax funds as provided therein and to attest such legend under the corporate seal of the County,. Section 6. That all resolutions or parts of resolutions heretofore adopted pertaining to the subject matter of this reso- lution, to the extent that they are inconsistent with this resolution but only to the extent of such inconsistency, be and the same are -4- hereby repealed, revoked, and rescinded. Section 7. This resolution shall take effect immediately. STATE OF FLORIDA COUNTY OF INDIAN RIVER ) I, Douglas Baker, Clerk of the Board of County Commissioners, Indian River County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of resolution as adopted by the Board of County Commissioners of Indian River County, Florida, at its meeting held on the ! day of , A. D. 1962. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the Board of County Commissioners, this the (SEAL) day of -i , A. D. 1962. DODULAS BAKER, CLERK BOARD OF COUNTY COMMISSIONERS INDIAN RIVOUNTY, FLORIDA BY d f/ zrL/C (t.14, -( Commissioner Macdonald inquired of the right-of-way progress of A -1-A and after some discussion, motion was made by Commissioner Macdonald, seconded by Commissioner Waddell and unanimously carried, that unless a greater degree of cooperation is evidenced by property owners, the Board ai.11 discontinue operation of the l rogram. ti, letter from Thomas D. ',:illiams, Attendance Assistant and Juvenile Counselor for Indian River County, w<as presented to Lhc Board advLsl:1 tllat the committee appointed :or stud in the feasibility o Coil. count,- hone [01 pt tl t and det:e nt.1. 1 , (lid itL L feel <.a home of this nature was feasible or desirable. The County Servi Officer presented a iCttcr requcstin6 auth- o iz i tion to tale a two week vacation be:7i rm.i ns; the th . , da u ; _s L . Motion was made by Commissioner v<.:ude11 seconded by Comimfssioner McCul- lr> ;,,aid unanimously carried, t:hat the request be granted. ME Following requests were submitted by Forrest McCul <_r' County Agent; To attend the Citrus Institute at Camp NcQuarric, August 6 to 9; To attend Extention Workers Conference University of Florida, August 20 to 24 (Gas and Oil only) and to attend Cattleman Institute, Lake Placid, August 8th. Motion was made by Commissioner McCullers, se- conded by Commissioner Macdonald and unanimously carried, that the requests be granted. A delegation from the Civic League of Gifford, appeared before the Board and requested the Board to extend Ambrose Avenue from South to North Gifford road and requested a right of way between 28th Avenue and the railroad track, just West of the railroad track. They also reported a washout on 43rd street. The county engineer was requested to make a survey of the above requests. Homer Fletcher, Tax Assessor, appeared before the Board and suggested to the Board that they adopt a specific policy to follow with regard to the new assessed values and the forthcoming equalization meeting scheduled for August 7, 1962, at 1:U0 o'clock, P. M. Al Webber, Deputy Clerk, brought up the matter of advertising for bid for the new county jail. Mption'was made by Commissioner Wadtell,' seconded by Commissioner Hamilton and unanimously carried, that the bid be call for on the construction of the new jail and equipment, to be opened at 9:00 o'clock, September 18, 1962. Motion was made by Commissioner Macdonald, seconded by Cotmissioner McCullers and unanimously carried, that the following Resolution be adopted. RES 0 L U T I 0 N BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Indian River Citrus Bank, Vero Beach, Indian River County, Florida, is hereby authorized and directed to stop payment on Warrant #798, Indian River County General Fund, A/C 98-09-728, Dated June 5, 1962, in the amount of $26.00 to Harvey Winter, Vero Beach, Florida, said warrant having been lost. BE IT FURTHER RESOLVED That the Board shall issue a Warrant, dated, July 24, 1962, in replacement of said Warrant #98. /s/ Robert W. Graves Chairman ATTEST: Douglas Baker (CO. COMM. SEAL) Clerk By /s/ Al Webber, D. C. Motion was made by Commissioner Macdonald, seconded by Commissioner Waddell, and unanimously carried, that the cross section map for King's Highway of the State Road Department, be approved. Motion was made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, that the deputy sheriff bond for Ralph J. Linsey, be approved. Motion was made by Commissioner McCullers, seconded by Commissioner Hamilton and unanimously carried, that the following Resolution be adopted. tax 7 F-., [737 tt 7 7`38 RESOLUTION WHEREAS, by the provisions of Chapter 61-2272, Laws of Florida, Acts of 1961, the Board of County Commissioners of Indian River County, Florida, is authorized and empowered to adopt rules and regulations limiting, restricting or prohibiting the operation of motor vehicles upon any and all or any part of the public beaches located in Indian River County, Florida; and, WHEREAS, pursuant to said authority, this Board adopts the rules and regulations hereinafter set forth, after having given due consideration to the necessity for such rules and regulations and after having found and determined that the health, welfare and safety of the people of Indian River County, Florida, require that such rules and regulations be adopted; NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Indian River County, Florida: Section 1. For the purpose of this resolution, certain terms and words are defined as follows: MOTOR VEHICLE. Every device which is self-propelled and in, upon or by which person, persons or property is, are or may be transported. PUBLIC BEACHES. That part of the shore of the Atlantic Ocean in Indian River County, Florida, extending from the ordinary high water mark to the waters of the Atlantic Ocean and extending from an eastward projection of Wabasso Breach Road northward a distance of 600 feet, and southward a distance of 600 feet. Section 2. No person shall operate a motor vehicle on the public beaches of Indian River County, Florida, at a rate of speed in excess of 15 miles per hour. Section 3. No person shall operate a motor vehicle upon the public beaches of Indian River County, Florida, between the hours of 6:00 A. M. and 6:00 P. M. i Motion was made by Commissioner Waddell, seconded by Commissioner Macdonald and unanimously carried, that the following Resolution be adopted. RESOLUTION' WHEREAS, the Board of County Commissioners of Indian River County, Florida, contemplates changing the bulkhead line offshore from that part of Indian River County, Florida, lying east -of the intracoastal waterway and north of Pelican Island, and, WHEREAS, the Indian River Area Preservation League has requested this Board to request the Florida State Board of Conservation and the Flo- rida Game and Fresh dater Fish Commission to make surveys of aquatic re- sources and bird life, respectively, in the area described above, and , WHEREAS, this Board is of the opinion that the preservation of aquatic resources and bird life in Indian River County, Florida is of prime importance to said County and its citizens, NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Indian River County, Florida, does respectfully request that the Florida State Board of Conservation undertake and make a survey of the aquatic resources and that the Florida Game and Fresh ',Tater Fish Commission undertake and make a survey of bird life, both in the area of Indian River County, Florida, located east of the intracoastal waterway and north of Pelican Island; BE IT FURTHER RESOLVED, that certified copies of this resolution be forwarded to Florida State Board of Conservation, to Florida Game and Fresh Water Fish Commissionand to Indian River Area Preservation League. The County Engineer reported that an agreement with "Kinky" Orth to put up a fence in exchange for right-of-way for 12th street has never been consummated and asked the Board's wishes on the matter. Motion was made by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, that the County Engineer be requested to put up the fence. `A 7 F,719 7 11 U Sam Joyce, Sheriff, reported that there was a leak in his office and that he had had someone work on it on several occasions, but without result. The County Engineer was requested to check the contract to see if there is a guarantee with the original roofing company. The County Engineer reported on survey for bulkhead line on A -1-A and stated that the new survey placed the section line at 1250 feet instead of the 950 feet in the original description, how- ever he stated that the survey was not complete and no action was taken. The County Engineer reported that the gall had been completed on the Russell Hurst property and 'the release to the County signed. The Attorney suggested that the release be recorded in the Official Record Books of the Clerk's office. The County Engineer, requested authorization to advertise for bids for yearly supplies of the Road and Bridge Department. Motion was made by Commissioner Macdonald, seconded by Commissioner Waddell and unanimously carried, that the call for bids be advertised to be opened at the meeting of August 7, 1962. Commissioner Macdonald requested that Attorney Fennell write letters to the property owners for Roseland road and enclose the deed to be signed and request response from these people not later than 30 days from the date of the letter and the letter to indicate, if there is no .'response by the first of September, then the county purposes to in- stigate condemnation proceedings. Motion was made by Commissioner Waddell, seconded by Commissioner Hamilton and unanimously carried, that the allocation of the Commission- ers of approximately one-tenth mill for the Indian River County Library be limited to a maximum amount of $8,000.00 in this tentative budget. Commissioner Macdonald requested the County Engineer to write to Mr. Jewett and ask him about making the appraisal for Roseland road% Commissioner McCullers stated that he had been approached by Mr, Jim Style with regard to participation by the county in installing NIP street lights in Vero Shores. The Chairman stated that he did not' think it advisable to enter into projects of this nature. At the request of the Board, Mr. Herring, Attorney for A -1-A Roadproject, appeared before the Board and,gave a report on the pro- gress of the acquisition of right-of-way for A -1-A, the same being that it was moving very slowly. Commissioner Waddell requested approval for two trips to Orlando to Regional Council meetings on July 20 and August 3, 1962. Motion was made by Commissioner McCullers, seconded by Commissioner Macdonald and unanimously carried, that the request is granted. A copy of letter from the Indian River County Hospital Trustees to Indian River County Welfare Department, denying the county authori- zation to purchase medicine from the hospital for the indigent, was read to the Board and ordered filed. 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. 955 to 975, both inclusive; Roar' and Bridge Fund, Warrant Nos. 562 to 572, both inclusive; Fine and Forfeiture Fund, Warrant Nos. 76 and 77, and Capital Outlay, Warrant No. 49. 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 Supple- mental Minute Book as provided by the rules of the State Auditor, re- ference 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. e-6PIC/IdtLici/2e2-4,-f7 Chairman Clerk.. BOOK 7 PAVE 741