1963-04-29 BCC Meeting Minutes

Transcription

Meeting April 29, 1963
Meeting
Opened
Page
85
The Board of County Commissioners met in their room in the Court House Annex
onApril29, 1963.
Commissioners DonS. Evans, F. B. Surguine, Jr., James T.
Cooper, John H. Talton, and Cliff R. Freeman;
County Attorney Jack Loveless;
Clerk Arthur W. Newell and Deputy Clerk D. S. Banner were present.
There
being a quorum, the meeting was called to order by the Chairman at 9:30 o 1 clock
A. M.
Re v . Swanson gave the invocation.
Minutes
The minutes of the April 22nd meeting were read, approved and signed.
Out - of County
Travel
Upon motion by Commissioner Cooper, seconded by Commissioner Talton, and
unanimously carried, Commissioner Surguine was authorized to attend q. meeting
of the Upper St. Johns Recreational Development Committee in Melbourne,
F l v rida, May 1, 1963.
unanimously carried, Commissioner Freeman was authorized to attehd the
annual me e ting of the Orange Blossom Trail Association in Winter Haven, Florida,
May 15 , 1 9 6 3 .
unanimously carried, Chairman Evans was authorized to attend a meeting of
the U. S. Chamber of Commerce in Washington, D. C., on April 30, 1963.
National
Housing
Act
unanimously carried, Commissione~ S~rguine and County Engineer DeWitt were
authorized to attend a dinner meeting of the Mid-Florida Home Builders
Association at Rio Pinar Country Club on May 13th, at which time a 1961
amendment to the National Housing Act will be presented and discussed.
Appeal
The Board scheduled an appeal by Charles E. Davis, representing Mor-Mil, Inc.,
for 11: 0 0 A. M. , May 13, 19 6 3 •
Page 85
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Page 86
County Road
Bond Project No.28
Upon motion by Commissioner Surguine, seconded by Commissioner Freeman,
and unanimously carried, the Chairman was authorized to execute the contract
with Apex Contracting Company, Inc. for construction of County Bond Project
No.28, Amber Road from SR 50 to Heather Road.
Private
Detective
The Board received the following applications for Class B Permits and same
were referred to the Sheriff's Department for investigation:
Allen C. Horton, t/w /w Wm. J. Burns Detective Agency
Claude Marion Russell , t/w/w Civil Investigative Agency, Inc.
The Board received a favorable report from the Sheriff's Department on the
follo~ing
application for a Class A Permit:
Harry L. Stroupe, The Wackenhut Corporation
and unanimously carried, the Board approved issuance of a Class A permit to
the abo v e named person.
County
Health
Department
and unanimously carried, C. C. Hahn of the County H e alth Department
Mosquito Control Division was granted permission to attend the Florida
Anit-Mosquito .Association annual meeting in Jacksonville on May 5-8, 1963.
Upon motion by Commissioner Talton, seconded by Commissioner Freeman,
Kelly Park
and unanimously carried, statement from C & W Septic Tank Company in the
amount of $325. 00, covering pumping out of septic tanks and repairing of
drainfields at Kelly Park, was approved for payment.
Upon motion by Commissioner Cooper, se c onded by Commissioner Talton, and
Holden Ave.
unanimously carried, the Board approved transferring $1,200.00 from the
Road and Bridge Department Contingency Funds to Work done by Contract Funds
to cover Holden Avenue improvements, subject to approval by the Budget
Commission.
Page 86
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Bids Force Main
DeBord Ave
Page 87
It having been advertised that bids would be received up to 10 o 1 clock A. M.
for the furnishing of labor, equipment and materials to construct the relaying
of concrete pipe Force Main from DeBord Avenue east to Lake Wekiwa, the
hour having arrived, the Clerk read the notice.
The following bids were
received:
Mid-State Contractors, Inc.
$65,095.00
Bumby & Stimpson, Inc.
$44,222.00
Hubbard Construction Co.
Paving &
C. A. Meyer /Construction Co.
$57,113.00
Orange Paving and Construction Co.
$73,225.00 '
Saine Co., Inc.
$53,532.50
$29,427.50
All bids were referred to the County Engineer for review and recommendation.
After review, he reported that the low bid met all spectifications and he
recommended that it be accepted.
Upon motion by Commissioner Talton, seconded by Commissioner Cooper,
and unanimously carried, the bid was awarded to the low bidder, C. A . Meyer
Paving & Construction Company.
Bids County Bond
Project No.
Maine Stree
It having been advertised that bids would be received up to 10 .o'clock A. M. for
the furnishing of labor, equipment and materials to construct County Road Bond
Project No. 8, paving and drainage facilities for MaireStreet, the hour having
arrived, the Clerk read the notice.
The following bids were received:
Mid-State Contractors, Inc.
$17, 897. 15
Hubbard Construction Co.
$14,965.68
A. C. Scott Construction & Paving, Inc.
$20,098.50
Apex Contracting Co., Inc.
$15,652.82
Orange Paving & Construction Co.
$16,351.30
C. A. Meyer Paving & Construction Co .
$16,019.56
All bids were referred to the County Engineer for review and recommendation.
After review; he reported that the low bid met all specifications and recommende
acceptance of same.
Upon motion by Commissioner Talton, seconded by Commissioner
Coope:~;
and
unanimously carried, the Board awarded the bid to the low bidder, Hubbard
Construction Company.
Pa ge 87
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Clerk of
Circuit Court
UpoJ:\ motion by Commissioner Cooper, seconded by Commissioner Surguine, and
unanimously carried, the Board approved the purchase of one R. C. Allen
Typewriter at a net cost of $177.50 for use in the office of the Clerk of the
Circuit Court.
Drainage
Easement Gatlin Ave.Bumby
Project
Mr. D. A. Cheney, Right of Way Agent, appeared before the Board and outlined
I
stipulation requested by owner of property conditioning the granting of drainage
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easement for the Gatlin A:venue Bumby Street. drainage project:
Owner:
:George L.
Vickers
Description:
Begin 30 feet North and 30 feet W e st of the South 1/4 corner, run
North 20 feet to the ·p. C. of a curve concourse NW'ly having a
radius of 20 feet; run thence SW'ly along the arc of this curve 31. 42ll f
feet; thence East 20 'feet to the Point of Beginning, in Section 7 ,
Township 23 South, Range 30 East, Orange County, Florida.
Stipulation:
The County will install rip-rap or other permanent material on the
property side of the said easement area to prevent erosion or
washing away of the adjacent land of said owner.
Upon motion by Commissioner Surguine, seconded by Commissioner
Freeman, and unanimously carried, the stipulation was approved.
Drainage
Mr. D. A. Cheney, Right of Way Agent, appeared before the Board and outlined
Easement Lake Corrine! stipulation requested by owners of property conditioning the granting of a
Canal
drainage easement for the Lake Corrine Outfall Canal as follows :
Owners:
James F. Sheafer and William N. Ward
Description:
The North 50 feet of Lots 148 and 149 of Leawood, First Addition,
Plat Bdok S, Page 122, Orange County Records.
Stipulation:
The County will pay the said owners the sum of $450.00 cash
on delivery of the duly executed Drainage Easement on the form
in common use by the County.
Upon motion by Commissioner Sur guine, seconded by Commissioner Freeman, and
unanimously carried, the stipulation was approved.
Proposed
Legislation
Upon motion made, seconded, and unanimously carried, the Board went on
record approving the following Bill, and strongly recommended that the Legislative
Delegation support same:
S. B. 448
-Prescribing the qualifications for write-in candidates;
providing for filing fees.
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M eeting A pril 29, 1963
Pag e 89
Upon motion by Commissione r Cooper , seconded by Commi ssi oner Sur g uine, and
unanimously carr i ed the followin g form was app:roved:
P age 89
Investment Project Acquisition
Trust Fund
Page 91
The Clerk reported that U. S. Treasury Bills amounting to $545, 000 in the
Project Acquisition Trust Fund mature on Thursday, May 2nd, and he recommend d
that $500, 000 be reinvested at the present market price.
Upon motion by Commissioner Cooper, seconded by Commissioner Freeman, and
unanimously carried, Clerk Arthur W. Newell was authorized to reinvest
$500,000 in U. S. Treasury Bills dated February 7, 1963 and maturing
August 8, 1963, for the Project Acquisition Trust Fund.
Agri,culture
Department
Upon motion by Commissioner Freeman, seconded by Commissioner Cooper,
and unanimously carried, Palmer Electric Company was authorized to install
light fixtures in theAgriculture Center Auditorium at a cost of $178.00, being
best price submitted.
Water Cons erva,tion an
Control Districts
unanimously carried, the Clerk was authorized to advertise for one Bulldozer,
Angle Blade Crawler Type, 1963 Model, bids to be received up to 10:00 o'clock
A. M., May 20, 1963.
Zoning
Changes
Upon motion by Commissioner Surguine, seconded by Commissioner Talton, and
unanimously carried, all zoning changes approved by the Zoning Commission
on April 23rd were tentatively approved by the Board, such approval to become
final at the end of the appeal period on all changes on which appeals have not
been filed.
Zoning
Commission
Upon motion by Commissioner Freeman, seconded by Commissioner Cooper, and
unanimou s l y carried, the Board granted permission for the Zoning Dire c tor,
the Zoning Attorney, and all members of the Zoning Commission, to att €$nd
a short course in Planning and Zoning in Tampa,,Florida, May 16-18, 1963.
Court House
Upon motion by Commissioner Cooper, seconded by Commissioner Surguine , and
unanimously carried, Custodian Van Cleef was authorized to purchase six yards
of top soil for the Court House grounds at a cost of $4. 00 per yar.d.
Meeting April 29 , 1963
Pag e 91
-
Magnolia
Manor
Page 92
unanimously carried, the Board accepted a continuation certificate on the
Developer's Bond covering Magnolia Manor, and further, the Developers were
granted an extension of 90 days to complete paving and drainage facilities
in said subdivision.
Traffic S t udyj
Upon motion by Commissioner Cooper, seconded by Commissioner Surguine,
and unanimously carried, the State Road Department was resp e ctfully requested
to make a traffic study at the intersection of Lee Road and Wymore Road,
looking toward the possibility of installing some type of traffic control at this
intersection.
Right of Way l Upon motion by Commissioner Cooper, seconded by Commissioner Talton, and
unanimously carried, the following right of way agreement was accepted, and
the Clerk was instructed to have same filed for record:
Major Realty Corp. - Sec. 31-22-29
Upon motion by Commissioner Talton, seconded by Commissioner Cooper, and
unanimously carried, the following warranty deeds for right of way for road
purposes were accepted, and the Clerk was instructed to have same filed for
record:
Woodrow Harper and Thelma Harper, his wife
- Jeffcoat Heights
Ray V. Lunsford and Mary I. Lunsford, his wife - Jeffcoat Heights
6
Supervisor
of Registration
unanimously carried, General Systems Associates was authorized to make
a Systems Study to upgrade the productivity of the office of the Supervisor of
Registration at a cost not to exceed $?00. 00.
Vouchers Warrants
Upon motion made, seconded, and unanimously carried, the following vouchers
and warrants were approved:
$312,475.45, List 2.8, .Book 7
Page 92
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ResolutionCape Road
Page 93
unanimously carried, the Board adopted the following resolution:
"WHEREAS, the Board of County c .o mmissioners of Orange County,
Florida, entered into a contract with Michaels Engineering Company for certain
work to be done toward the surveying of a proposed road from SR 15 to SR 520, anc
WHEREAS, this agreement was forwarded to the State Road Department and
same was rejected, and
WHEREAS, subsequently an additional contract was entered into between the
same parties for the same work which agreement was also sent to the State Road
.
Department, and
WHEREAS, the rates and fees for work to be done by the firm of Michaels
Engineering Company were deemed unsatisfactory to the State Road Department,
and
WHEREAS, the schedule of rates and fees has been changed to comply with
the request of the State Road Department, and
WHEREAS, considerable correspondence has been had and conferences
have been held concerning the obtaining of Engineering Services by the Board
of County Commissioners of Orange County, Florida, to be paid for out of
Secondary Road funds of Orange County, and the attempts made by the Board
have apparently come to no avail,
NOW, THEREFORE, BE IT RESOLVED that the Board of County
Commissioners of Orange County, Florida, request the Han. A. Max Brewer,
Member of the State Road Department, to take such steps as he may feel
necessary to give to the Board of County Commissioners the precise
standards,
rate charges, estimates of cost, resolutions, agreements and documents of any
kind which may be required of the Road Board in order to accomplish the
obtaining of engineering services by the Board of County Commissioners of
Orange County, Florida, for the proposed road to run from U. S. 441 or SR 500
on the West to SR 520 on the East, using the approximate center line of the
now existing SR 528 and suggesting the same easterly and westerly as necessary,
BE IT FURTHER RESOLVED that it is important to Orange County that
th.e work be expedited as soon as possible and that continued delay will not be
in the best interest of Orange County.''
Page 93
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County Road
Bond
Project #19
Page 94
Upon motion by Commissioner Surguine, seconded by Commissioner Cooper, and
in the amount of $976.90
unanimously carried, the Board auth.o rized an increase /in the contract with
C. A. Meyer Paving & Construction Company on constructinn of County Bond
Project No. 19, G ratlin Avenue.
T~v~~
Upon motion by Commissioner Surguine, seconded by Commissioner Talton,
tion Changes
and unanimously carried, the following tax valuation changes having been
approved by the Tax Assessor were approved by the Board:
Building
Permits
and Filling
Permit
Name
From
To
Accredited Employment Consultants
3577
800
James & Elsie M. DeGray
1200
00
M. M. Phillips
00
800
Robert D. & Barbara J. Y oung
170
0
Upon motion by Commissioner Freeman, seconded by Commissioner Talton,
and unanimously ca rried, the following building permits having been approved
by the County Engineer were approved by the Board:
Bluebird Nursery, Lot 10, Bluebird Park
Regals Trailer Park, n. Highway 441
Tangerine Fruit Co. -Sec. 8-20-27
Storage Room, Angebilt Add., Lots 3 0- 32
Fill permit- relocating Sparling Lake, Willis Mungers Sub. ,Sec. l-22-28
The Board scheduled an appeal by Mrs. Verna Williford for 11:20 A. M.,
Appeal
May 13, 19 6 3 .
Upon motion made, seconded, and unanimously carried, the following bonds were
Bonds
Approved
approved:
Notary
$500.00
Mary E. Woodley
Harry H. Hahn
H. C. Rouse
II
II
Highway Insurance Co.
Hartford Accident & Indemnity Co.
The Home Indemnity Co.
Page 94
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Reports
l
The following reports were received and ordered filed:
County Maintenance , Crew
April 20-26
County Engineering Dept.
April 19-25, 1963
County Road & Bridge Dept.
April 19-25, 1963
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Appeal #399
Notice having been gi v en that the Board of County Commissioners would sit
as a Board of Appeal at 2:00 P. M. to hear those for or against the action
of the Orange County Zoning Commission under date of April 2nd on
application by C. J. Gray for a change of zoning from C-3 to M-1 for a
concrete materials mixing plant on property located on the south side of Old
Cheney Highway, 2/10 mile west of SR 15-A, the hour having arrived, the Clerk
r e ad the notice.
The Zoning Commission denied the application in that all the surrounding
properties are of C-3 classification and the granting of applicant's request
would constitute spot zoning.
Mr. C. J. Gray, real ·estate broker representing owners of the property,
Mr. and Mr. Hickman of Indiana, and the proppective purchasers, Inland
Materials Corporation, stated that the surrounding property owners approve
of the proposed change.
There is the Go Kart Rac·e Track on the adjoining properl f1,
Tropical Kenn e ls, Tropical Outboard Motor Station, Spar Gas bulk station
nearby , and on East Colonial there is an Auto S e rvice.
He stated that h e
has a contract for purchase of this property subject to rezoning.
plant would employ from · 1 0 to 12 people and we need this industry.
The mix
The whole
block of property is adapted for commercial use.
Mrs . Jane W. Adriatico stated that she did not think this request should be
denied, as the Florida Hi ghway Equipment property is out there, the Kennels,
and almost e v ery type of operation.
Actually Holloway has a concl:"ete mix
plant in Goldenrod opposite a nice subdivision, and there are no subdivisions in
that area.
She state d that she felt it should be zoned for !llanufacturing.
Zoning Director Gene Rich stated there were some persons at the Zoning hearing
who . oppose.d same. The Board r e cei v ed a letter from property owners to the East
Dr. J. W. Hickman, in favor of change.
No one appeared in opposition.
The Chairman stated that a decision would be made later in the day after all
appeals had been heard.
Page 95
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Appeal #400
Page
96
Notice having been giveiJ. that the Board of County Commissioners would sit as a
Board of Appeal at 2:20 P. M. to hear those for or against the action of the
Orange County Zoning Commis.sion under date of April 2nd on application by
Mrs. A. M. Davis .f or a change of zoning from R-1-A to C-1 on Lots 27-52,
Bel Air Heights, located on the southeast corner of Curry Ford Road and Bel Air
Drive, the hour having arrived, the Clerk read the notice.
The Zoning Commission denied the application in that this particular area is
resid ~r
tial, and proposed change, if granted, would constitute spot zoning.
Mr. A. H. Davis stated they could not understand why their request was denied,
there are two filling stations and grocery store on Fredricka, and businesses'
on each side and across the street.
They have been there a long time and
are non-conforming uses. There are several businesses in an area of three
blocks.
The property is 150 feet square, and they want to impr-ove same by
putting up an office building.
building.
She displayed a sketch of the proposed office
She stated that it is not a thickly populated area, there is a grove
in back of their property and one across the street.
opposition at the Zoning hearing.
No one appeared in
She stated that she felt the Zoning Commission
erred in not considering the other commercial businesses in the area.
No one
appeared in opposition.
Chairman Evans told Mrs. Davis that a decision would be made later in the day.
Appeal #401
Notice having been given that the Board of County Commissioners would sit as a
Board of Appeal at 2:40 P. M. to hear those for or against the action of the
Orange County Zoning Commission under date of April 2nd on application by
Donald Emery Foss for a variance in an R-1-A zone to renew permit to park
house trailer for two years on Lot 14, Block 84, Angebilt Addition, No. 2,
located at 1323 West 34th Street, the hour having arrived, the Clerk read the
notice.
The Zoning Commission denied the application in that the applicant's intention to
build on the property in question did not materialize, and also the applicant
failed to show that a hardship exif;lted which would justify the granting of a varianc e ,.
The Zoning Commission gave t;he applicant 60 days from date of hearing to remove
trailer from the property.
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Mr. Donald Foss stated that the trailer had been there since 1956, that his
parents were separated and the property had been turned over to his sister,
and mother, and him.
He stated that he could not understand why they did not
issue him a permit, that his property borders on Wingert's Trailer Park.
Burkhalters on the west have complained.
across the street.
There is rental property to the east and
The property was purchased in May of 1956 and trailer was
put on it in December of 1956.
in January of 1957.
The
He displayed is first light bill which was dated
He said the Zoning Commission advised him that the property
was zoned in 1955. He said he had lost his job by having to come down here so
much for hearings.
The camper trailer had been moved off the property.
house trailer has a stationery cabana.
His
He will try to build within the next two
years, if he is allowed a permit.
He stated further that he lives there alone.
Mr. Walter M. Burkhalter, 1321
- 34th Street, appeared in opposition.
He stated
they own the two adjoining lots and he pres en ted a petition signed by six property
owners opposing the variance being granted.
Also, a letter from owner of
property directly across the street who strongly opposes the renewal of the trailer
permit, stating they had moved because of same, and they had suffered a financial
loss on their property due to the trailer being parked there,, and they find it
difficult to rent it due to this house trailer.
Mr. Burkhalter stated the trailer had been there for six years, and that Don 1 s
father had made no effort to start building a home, and that last year the trailer
was rented for at least a year.
Mrs. Burkhalter also expressed opposition, stating they would like to retire there.
She stated they had been willing at first in order to help them out until they could
build their home, but they had made no effort to build same and they are now
protesti~g
the renewal of the trailer permit.
their property in 1947.
She said they purchased their
Also, when Mr. Foss• sister was there, she drained
water fr.o m the washing machine on the property and it ran everywhere.
She
stated they strongly object to the renewal of this permit.
Mr. Foss stated that when his sister was there she did drain water on the ground
from the washing machine, but that this had stopped.
Also, that the trailer had
been rented the year his parents separated, but he has moved back into it and lives
there along.
The Chairman told the group that a decision would be made later in the day, and
the hearing was closed.
Page 97
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Appeal #399
Findings of
Fact
Page 98
It was moved by Commissioner Surguine, seconded by Commissioner Freeman,
and unanimously carried, that the Board sustain the action of the Zoning
Commission in denying a request for a change of zoning from C-3 to M-1 for a
concrete materials mixing plant on property located on the South side of Old
Cheney Highway, 2/10 mile West of State Road 15-A, and that the following
findings of fact be made:
1.
The surrounding properties are C-3, which is commercial, and the
granting of the request would constitute spot zoning.
2.
There has been no change in circumstances in the area which would
justify the rezoning of the property.
Appeal #400
Findings of
Fact
On motion made by Commissioner Surguine, seconded by Commissioner Freeman,
and unanimously carried, the Board sustained the action of the Zoning Commission
in denying the request for change of zoning classifications from R-1-A to C-1
on Lots 4 7 through 52, Bel Air Heights, located on the SE corner of Curry Ford
Road and Bel Air Drive, and made the following findings of fact:
1.
The property involved in the request for a change of zoning is
residential and the surrounding property is residential, thus a change to C-1
would constitute spot zoning.
2.
The properties nearby which are commercial are non- conforming
uses and therefore are not the proper basis for a change of zoning.
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Appeal #401
Findings of
Fact
On motion by Commissioner Cooper, seconded by Commissioner Freeman, and
the Zoning Commission on application of
unanimously carded, the Board sustained the action of/Donald Emery Foss for
a request for a variance in an R-1-A zone to renew permit to park house trailer
for two years on Lot 14, Block 84, Angebilt Addition, No. 2, located on the
north side of 34th Street 50 feet east of Nashville Street, or 1323 West 34th
Street, and made the following findingsof fact:
1•.
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peculiar circumstances applicable to his land.
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which was the basis for the issuing of the previous two-year permit.
l.
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The applicant did not show a hardship existed caused by the
'
2.
3.
No effort had been made by the trailer owner to construct a home ,
The applicant was allowed 60 days within which to remove the
trailer.
Page 98
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Mee t ing April 29, 1963
Meeting
Closed
Page 99
There being no further business, the meeting adjourned.
ATTEST
~JI;~lerk
J)dhairman
Page 99

1963-04-29 BCC Meeting Minutes

Transcription

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