HomeMy WebLinkAbout11/17/1959TUESDAY, NOVEMBER 17, 1959.
The Board of County Commissioners of Indian River County,
met at the Courthouse, Vero Beach, Florida in a regular meeting Bold at 9:00
o'clock A. M., Tuesday, November 17, 1959, All merdbers were present.
Also present were Ed Schmucker, County Engineer, Sherman.N. Smith, Jr.,
County Attorney and Katherine Morrison, Deputy Clerk.
Eugene Lyon, City Manager for the City of Vero Beach and Frank
Phillips appeared before the Board requesting that the Board consider
sending a resolution to the State Road Department making a request for a
change in the radius of 7 feet at the intersection of Old Dixie Highway
and 16th Street for the reason that it represents the best way of engineer-
ing for their new West Side electric circuit, as well as for the future
routing of their Fort Pierce tie -line and the service into their new
power plant. After considerable discussion in the matter it was decided
that Ed Schmucker and Frank Phillips should confer with Mr. Carlton of the
State Road Department on the requested change in radius,:because it is
the thinking of the Board that we would need all the radius we have if,
at some future date we might want to construct an overhead bridge over
the Railroad track at 16th Street:
A letter was received from Dr. Phil D. Morgan, Secretary of
the Indian River County Medical Society stating they are endorsing the
appointment of a medical examiner for the County. After some discussion
in the matter the Deputy Clerk was requested to ask Dr. Morgan and Dr.
Scofield of the Medical Profession, Dr. Flood of the Health Department
and Sam Joyce, Sheriff and Miles Mank, County Judge to be present at our
next regular meeting on December lst to discuss this matter.
Sam T. Joyce, Sheriff made the following appointments for
Deputy Sheriff.
Roy Dobeck, Precinct #3, Vero Beach
Joseph J. Schwey, Precinct #4, Vero Beach
Upon Motion made by Commission Macdonald, seconded by Commissioner Hamilton
and unanimously carried, said appointments were ordered filed.
The Chairman read a letter from Mrs. Gladys Vigliano wherein
she tendered her resignation to become effective November 6th. Upon Motion
made by Commissioner McCullers, seconded by Commissioner Wadd6h and carried,
Mrs. Viglian6's resignation was accepted and Mrs. Anne Christensen -was
appointed as County Welfare Case Worker to become effective as of November
6th.
Commissioner Hamilton said Mrs. Christensen would like to have
the $50.00 per month which was formerly given her as car expense, added
as salary in lieu of any expense money. Upon Motion made by Commissioner
Hamilton, seconded by Commissioner McCullers and carried, the Board ordered
this be done.
The Chairman stated Mrs. Alice Helleso had called and stated they
had received a letter from the State Board of health declaring both
Thursday and Friday as legal holidays for Thanksgiving and asked that he
bring this matter before the Board. After some discussion in the matter
and upon Motion made by Commissioner Waddell, seconded by Commissioner
Macdonald and carried, the Board requested the Deputy Clerk inform Dr.
Flood of the Indian River County Health Department that the matter of
closing for Thanksgiving would be up to him.
The matter was brought up about requesting the State Road Depart-
ment to put in a boat ramp at the City Park near the Merrill P. Barber
Bridge. The Board requested the County Engineer contact the State Road
Department to see whether such a ramp would come out of Secondary or
Primary Road Funds, and also that he contact the City Council and see whether
or not they would approve a ramp.
Commissioner McCullers and the County Engineer stated they had
looked over the proposed subdivision on Emerson between Glendale and Citrus
roads, and it was their thoughts in the matter that a drainage canal going
West to the first canal would be the easiest and best and that he should
have no trouble obtaining right of way for same. It was still the thought
of the Board that any rights of way for drainage for a subdivision would be
up to the Subdivider and not a problem for the County.
The County Attorney read the following Petition and Public
Not ice .
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PETITION FOR VACATION OF CERTAIN EASEMNrS
ON PIAT OF BUCKIMM&MK SUBDIVISION
TO: The Honorable Board of County Commissioners of Indian
River County, Florida:
COMB NOW THE PETITIONERS, WALTER S. BUCKINGHAM and ELVIRA
T. BUCKINGHAM, his wife, by and through their undersigned Attorney
t
and request that the following 10 foot side line easements, namely:
The South 10 feet of Lots 5 and 14, Block 1
The northerly 10 feet of Lots 6 and 13, Block 1 .
The westerly 10 feet of Lot 3, Block 3, and the
northeasterly 10 feet of Lot 4, Block 3
The westerly 10 feet of Lot 13, Block 2, and the
northeasterly 10 feet of Lot 14, Block 2
as shown on recorded Plat of Buckinghammock Subdivision recorded
in Plat Book 6, page 3, public records of Indian River County,
Florida, be vacated.
The Petitioners further show that it was the intent of the
Petitioners and John W. Jewett and Marilyn Jewett, his wife, the
original subdividers of said Plat, to create a side line easement
only between the following Lots:
Lots 13 and 14, Block 1; Lots 5 and 6, Block 1;
Lots 13 and 14, Block 2; Lots 3 and 4. Block 3
as shown on the Plat of Buckinghammock as indicated by line drawn
therein; that the side line easement as set forth in the Plat
created a cloud on the above Lots insofar as the location of said
side line easements are concerned, since said dedication was vague
and indefinite.
Petitioners have caused to be published a Notice of Inten-
tion to apply to the Board of County Commissioners of Indian River
County, Florida, at the regular meeting of said Board at a
o'clock A. M. on the 111Aday of , A. D.
1959 for the vacation of the above Plat insofar as these side
line easements are concerned, which notice was published in the
Vero Beach Press Journal on.October 29th and„November 5th, -1959,
respectively, publication of such notice being attached.to and
t.
made a part of this Petition.
Petitioner further shows that all State and County taxes
including taxes for the year 1958, have been paid, such statement
being made under oath and substantiated by certificate of Indian
River County Abstract Company attached hereto and made a part
hereof.
Petitioners further state that they are the owners of the
property on which the indefinite easements exist and that said
property is not within any municipality at the present time.
Petitioners do not desire any other changes in said sub-
division Plat known as Buckinghammock other than the release of
said easements as set forth herein.
Dated this the �� day of A. D. 1959.
SUTHERLAND
By'/_;
ttorney for Walter S. Buc
and Elvira T. Buckingham
- 2 -
VERO BEACH PRESS -JOURNAL
Published Weekly
71*
u.
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 advertisement, being a --------- --------
------------- in the matter of --- - �Uo e.�... C.e.►�
------ 77---�-"�-
— -—---------- -- in the ----------------------------------------------- --------------------- Court, was pub-
qxjir
lished in said newspaper in the issues of -------------------------------- ------------------ .----------- -------------- -
-------------- -�� (->1 = S-r-----�
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 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
(SEAL)
1
(Clerk of
day Pf — A. D. ------
(Business Manager)
Circuit Court, Indi n River County, Flo
NOTICE OF INTENTION TO
VACATE CERTAIN SIDE LINE
EASEMENTS IN PLAT OF
SUCKINGHAMMOCK
TO WHOM IT MAY CONCERN:
Notice is given that the under-
signed will apply to the Board of
County Commissioners of Indian
River County, Florida, at the requ ' 9
lar meeting of said Board at 9:Dt1��
A. M. on the 17th day of Novem-
ber, A. D. 1959, for the vacation
of certain side line easements on s' -
the Plat of Buckinghammoc*, re- d
corded in Plat Book 6, page 3,
public records of Indian River
County, Florida, insofar as said
side line easements pertain to the
South 10 feet of Lots 5 and 14,
Block 1, and the northerly 10 feet 1
of Lots 6 and 13, Block 1', the
westerly 10 feet of Lot 13 and the
northeasterly 10 feet of Lot 14,
Block 2; and the westerly 10 feet
of Lot 3 and the northeasterly 10
feet of Lot 4, Block 3, Buckingham -
mock Subdivision.
WALTER S. BUCKINGHAM
ELVIRA T. BUCKINGHAM
Merriman, Boring & Sutherland
Attorneys for Petitioners
Professional Building
Vero Beach, Florida
Oct. 29, Nova 5, 1959.
The South 10 feet of Lots 5 and 14, Block 1
The Northerly 10 feet of Lots 6 and 13, Block 1
The 1,iesterly 10 feet of Lot 3, Block 3, and the North-
easterly 10 feet of Lot 4, Block 3
The Westerly 10 feet of Lot 13, Block 2, and the North-
easterly 10 feet of Lot 14, Block 2
as shown on recorded Plat of Buckinghammock Subdivision recorded in
Plat Book 6, page 3, public records of Indian River County, Florida;
and
WHEREAS, WALTER S. BUCKINGHAM and ELVIRA T. BUCKINGHAM, 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 1 -;ALTER S. BUCKINGHAM and ELVIRA T. BUCI:INGHAM, his
wife, have shown that the vacation by the Board of County Commission-
ers of said easements sought to be vacated will not affect the owner-
ship of persons owning any of the other property contained within the
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said subdivision plat; and
R00!' 85 PAa4?9
WHEREAS, the Board of County Commissioners, upon proof 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
sideline easements are concerned; and
WHEREAS, the Board of County Commissioners does further find
that newspaper notice as required by law was given and that the
proof of publication as required by law was filed this day with the
Board of County Commissioners:
NOkq, THEREFORE, BE IT RESOLVED, that the ten -foot sideline
easements as shown on the Plat of Buckinghammock Subdivision record-
ed in Plat Book 6, page 3, public records of Indian River County,
Florida, covering the following described lots, to -wit:
_'T
The South 10 feet of Lots 5 and 14, Block l
The Northerly 10 feet of Lots 6 and 13, Block 1
The Westerly 10 feet of Lot 3, Block 3, and the North-
easterly 10 feet of Lot 4, Block 3
The Westerly 10 feet of Lot 13, Block 2, and the North-
easterly 10 feet of Lot 14, Block 2
Buckinghammock Subdivision
be, and the same are hereby vacated, abolished and abandoned.
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
OFFICIAL RECORD
STATE OF FLORIDA )
ss.
COUNTY OF INDIAN RIVER)
I, DOUGLAS BAKER, as Clerk of the Circuit Court and ex
officio Clerk to the Board of County Commissioners of Indian
River County, Florida, certify the foregoing to be a true copy
of Resolution duly adopted by said Board at a meeting thereof
duly and regularly called and held on the 17th day of November,
A. D. 19 59 .
WITNESS my hand and official seal at Vero Beach, Indian
River County, Florida, this, the day of November, A. D.
19 59 .
lerk of
the Circuit Court,
Indian River County, Florida,
and ex officio Clerk to
Board of
County Commissioners
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The County Engineer read a letter signed by Mr..& Mrs. Walter
S. Buckingham and a letter from J. Perry Carter, General Director..of'the
Florida Baptist Retirement Centers, Inc. relative to the establishment of
a Retirement Center where aging ministers and other Christian "senior",
citizens may spend their declining years. In order that sucli a home
could be built there would have to be�a change in zoning .in the -areas in
which they want the home built, which is next to their subdivision "Bucking -
hammock". After some discussion in the matter and upon, -Motion made by
Commissioner Macdonald, seconded by Commissioner McCullers and unanimously
carried, the Board gave tentative approval to a change in zoning or a
creation of a new zone for such a purpose and refers the matter to the
County's Planning & Zoning Commission.
Mr. C. C. Coleman, member of the Planning and Zoning Adjustment
Board had tendered his resignation as a member of said Board for the
reason that he is moving out of the County. Upon Motion made by Commissioner
Macdonald, seconded by Commissioner McCullers and unanimously carried,
the Board herewith recommends to the Governor, Honorable Leroy Collins,
that Mr. R. E. Turlington be appointed in Mr. Coleman's place, and requests
the Deputy Clerk to send this recommendation to the Governor.
A letter was received from Mr. Fred R. Tuerk, wherein he
stated he would be most pleased to provide fill and rock base for the
proposed County road extension from AlA to the Atlantic Ocean on the North
end of his property.
A letter was received from=the Taxpayers Association of Indian
River County, in which they register a protest to the County Commissioners
relinquishing the entire control of expenditures of bond funds and other
monies to the Hospital Trustees.
4
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 attaee k y
copy of advertisement, being a
--
copy _
------------------
r. ------ ------ ----- in the matter of ,
-- -
-----------
-..mss — ; S, . L -------------------
--------------------------------------- in the ----------------------------- ---------------------
--------------- Court, was pub -
lishe(I in said newspaper in the issues of
V
y
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 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
1
1
1- - A. D. -, 9 j_
(Business Manager)
�j.35
pA�
NOTICE
Notice is hereby given that the
Board of County Commissioners
Of Indian River County, Florida,
will receive sealed bids to the `
hour of 10:00 o'clock A. M! Tues- f
day, November 17, 1959, and at
said time publicly open the same
at a meeting of said Board to be,
held in the County Commission- .
ers' Room, Indian River County
Courthouse, Vero Beach, Florida,
for moving the following listed
houses, located on new U. S. No
1 Highway Right of Way .
to lo.
cations as noted:
1• SRD No. 47 — to move both
houses belonging to Annie B,
Colley from Lots 15 and 16, Esp
Subdivision, to Lot y2, Jackson
Brothers Subdivision.
2. SRD No. 28 — to Move a
house belonging to Robert Moore
from Lot 13, Block 1, Geoffrey i
Subdivision, to Lot 135, Block 9,
Geoffrey Subdivision.
3. SRD No. 51
— to
move a
house belongings
lotto Arthur Smith,
located one
West of the cen-
ter of Section 26 to property lo.
cated about one-half mile West
Of the Florida East Coast right I
of way.
4• SRD Nos. 44, 45, 48 and 49
—to move houses belonging to
Abram McGriff located on Lot
17 and Lot 32, Espey Subdivision,
to owner's property on 39th Ave-
nue between North and South
Gifford Road.
After some discussion in the matter and upon Motion made by
Commissioner Macdonald, seconded by Commissioner Waddell and unanimously
carried, the Board accepts the bids of F. G. Fletcher & Son for moving
the houses as specified in the public notice, provided, that the County
Engineer shall issue a work order for the work to be done on each or all
as the case may be.
Mrs. Anne Christensen, County Welfare Case Worker, appeared
before the Board and asked the wishes of the Board in the matter of Mrs.
Elizabeth Johnson, whose family had requested that the Board pay an
additional $20.00 toward her care in the Mecca Nursing Home. The Board
now pays $9.00 per month. Upon Motion made by Commissioner Waddell,
seconded by Commissioner McCullers and unanimously carried, the Board
approves the payment of an additional $20.00 per month for the care of
Mrs. Elizabeth Johnson subject to a letter from the County Welfare Office
recommending that such additional payment be made.
The County Attorney made a report to the Board on the proposed
Mango Island Park. He said he had met with a representative from the
Florida Inland Navigation District and they would be willing to release
a good portion of this island to the County. Mr. Smith showed the Board
a map showing the portion of this Island owned by Fred Tuerk, the portion
the Florida Inland Navigation District wishes to keep and the portion they
are willing to give to the County. He further stated the County would
need to have a survey made of the entire island and to stake out the Tuerk
piece and the piece to be retained by the Inland Navigation District and
we would have to give to get a detailed descripition of that piece to be
retained and a aescription of the remainder and furnish blue prints of all
along with a formal application to the State for a public park. After
some discussion in the matter and upon Motion made by Commissioner Macdonald,
seconded by Commissioner McCullers and unanimously carried, the Board
requested the County Engineer consult with Mr. Tuerk and see if he had
had a survey made of his portion and then see if he could get some kind
of an idea from the engineers as to how much such a survey would cost the
County, and then report back to the Board.
An informal discussion was held on the land the County had
acquired from Brevard County under the Special Election.
Commissioner McCullers stated he had been approached by Mr.
T. H. Sapp to have the Australian Pines in front of his house in Gloria
Gardens along the Old Dixie Highway topped. The Board seemed to think this
was a problem for the State Road Maintenance crew and upon Motion made by
Commissioner McCullers, seconded by Commissioner Waddell and carried, the
Board requested the County Engineer contact the State Road Department and
request they top these trees.
Homer Fletcher, Tax Assessor appeared before the Board and
requested permission to adjust the valuation and extended tax on the follow-
ing descr4lbed property on the 1959 Tax Roll:
Lot 7, Block 1, Westgate Colony Sub. - Construction of house began after
January 1, 1959, therefore building not subject to tax for the year 1959.
Lot 5, Block 1, Westgate Colonly Sub. - Construction of building began after
January 1, 1959, therefore building not subject to tax for year 1959.
Lot 7 and E of Lot 6, Block 6, Royal Poinciana Sub. - Building was only
75% completed on January 1, 1959, therefore assessment adjusted to conform
to improvements on land January 1, 1959.
N 100 Ft. of S 541 Ft of W 5 A of Tr. 9 as R Bk 63, PP 231 & R Bk 64, PP
284, Section. 1-33-39. Building moved to this site after March 2, 1959. See
Permit No. 1600, therefore, building was not subject to tax on this land on
Jan. 1, 1959.
N 100 Ft. of S 535 Ft. of W 166.13 Ft. of W 10.07 A of Tr. 10 as R Bk 32,
PP 232, Sec. 5-33-39. Construction of building began after Jan. 1, 1959,
therefore building not subject to tax for year 1959.
Upon Motion made by Commissioner Waddell, seconded by Commissioner
McCullers and unanimously carried, permission; was granted to adjust the
valuation on the above property.
There being no further business, upon Motion made, seconded and
carried, the Board then adjourned.
E-OOK 6 PAGE 38
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