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i ;i February 13, 1979 Page 417 In ti Ir Meeting The Board of County Commissioners met in Commission Chambers in the Courthouse 11 11 Opened 1: on Tuesday, February 13, 1979. Commissioners Allen E. Arthur, Jr.; Lamar Thomas; I ! Dick Fischer; Lee Chira and Ed Mason were present. Also present were County 1 i Administrator James Harris, Assistant County Attorney Tom Wilkes and Deputy 1 j /I Clerk Mary Jo Hudson. There being a quorum, the Chai rman cal led the meeting to I/

order at 9:00 a.m. Following the Pledge of Allegiance to the Flag, the Board /I f 1 paused for a moment of silent invocation. i! it 1. Upon a motion by Commissioner Fischer, seconded by Commissioner Mason and carried, 1; I; 1 the Board approved the minutes of the meeting of January 23, 24, 25 and 1:- I i1 February 1, 1979, and waived the reading of same. I I I

Warrants and Upon a motion duly made, seconded and carried, the following warrants were Vouchers approved by the Board having been certified by the Finance Director that same

had not been drawn on overexpended accounts:

List # Amoun t

Handicapped Chi 1 d Program Head Start Program Victim Advocate Program Spouse Abuse Youth P rograms Rehabi 1 i tat ion Center Green House I I Green House Citizens Dispute Settlement Diversion Project CSA Energy Program Neighborhood Services C. D., Housing Repair CETA I CETA I I CETA I I I YETP CETA VI Child Support Enforcement Program Commun i ty Development , 4th year Commun i ty Deve 1 opmen t , 3 rd year CETA VI Pub1 ic Works Sewer Grant Solid Waste Regular Board Civic Center Fund 53 Self Insurance Fund 58 7th Gas Tax Fund 82

Attorney Upon a mot ion by Commissioner Chi ra, seconded by Commissioner Mason and carried, 1 Payment 1, the Board accepted the recommendations of staff and approved payment of $219.73 ! to Mateer, Harbert, Bechtel & Phal in for attorney costs for the month of 1 January, 1979. I !

Charge Account No. 01-2-21011-334-0-5, 2-20010-334-0-0

February 13, 1979 Page 417 Consumer Mr. Barnhill told the Board that there was insufficient advertising about Protection - i; Barnhi 11 the Orange County Consumer Protection Agency and citizens didnot know itexisted. li 1: I ! Commissioner Arthur informed him that later in the month there was to be an I. i ad placed in the local newspaper telling the citizens about the different 1; II departments in the County. :j Ij /I North Orange Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and carried, I; Memor ia1 11 Hospital the Board accepted the recommendations of staff and accepted an audit of the Aud i t I North Orange Memorial Hospital Tax District for fi 1 ing. I,

Ii ' /j Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and carried, I/1; the Board accepted the recommendations of the Publ ic Works Director and approved 1'

the fol1owing.andasked theclerkof the Real EstateDept. to record same :

R i g ht of Way Ag reemen t

The South 30 ft. of: Lots 25 & 26 Willis R. Munger's Lands, in Section G, Township 22 South, Range 29 East, as per plat thereof recorded in Plat Book "E", Pages 3, 7, 22 & 23, Publ ic Records of Orange County, Florida. li Granted by: lrvin F.and Louise B. Whitten / 1 I! Clarion Drive, Improvement Agreement I;1 The South 300 ft. of: Lots 25 & 26, Willis Munger's Lands, in Section G. /I Township 22, Lots 25 & 26 East as per plat book thereof recorded in Plat Book "E", Pages 3, 7, 22, & 23 Publ ic Records of Orange County, Florida. / Granted by: lrvin F. and Louise B. Whitten i i McKinley Avenue, Road Improvement Agreement

Commencing at the NW corner of the SE& of the SW& of Section 30, Twp. 22 S, Rge. 29 E, County of Orange State of Florida, thence south 660.00 feet to the P.O.B, thence continuing south 135.42 feet to the north side of Old Winter Garden Road (60' wide) thence along said north R/W line N 68 26'00" E, 60.95 feet to a point of curve, thence along a curve concave to the N. E. on the N'ly R/W of Old Winher Garden Road having a radius of 3009.60 feet hhru a delta angle of 03 50140", aodistance of 201.88 feet thence N 19 54'00" E, 47.20 feet, thence N 89 50'00'' W, 262.90 feet to the P.O.B.

Granted by: Robert L. Caudi 11

Right of Way Agreement The West 17.5 feet of: Commencing at the NW corner of the SEt of the SWt of Sec. 30, Twp. 22 S, Rge. 29 E, County of Orange, State of Florida; thence South 660.00 feet to the P. 0. B., thence continuing South 135.42 feet to the North side of Old Winter Garden Road (60' wide), thence along said North R/W 1 ine, N 68'26' 00" E, 60.95 feet to a point of curve, thence along a curve concave to the N. E. on the N'ly R/W of Old Winher Garden Road having a radius of 3009.60 feet thrg a delta angle of 03 50' 40", a distance of 201.88 feet, thence N 19 54' 00" E, 47.20 feet, thence N 89 50'00" W, 262.90 feet to the P. 0. B.

Granted by: Robert L. Caudi 11

1) February 13, 1979 Page 418 \ i /I 4 February 13, 1979 Page 41 9

Petition to Notice having been given that the Board would hold a public hearing at 9:30 a.m. Vacate to hear those for or against the vacating of property described as follows: Troynel le by ' Big Lake A part of Troynelle by Big Lake Apopka Subdivision as per plat thereof Apop ka recorded in Plat Book 0, Page 152, which part is more particularly described as follows: i

1. All of blocks A & B of Troynelle by Big Lake Apopka Subdivision as per plat thereof recorded in Plat Book 0, Page 152, Public : I Records of Orange County, Florida (including all areas designated "P.R.M." contiguous to said blocks.)

2. All of that platted street identified as Orange Plazza lying North of an extension of the Southern Boundary of Lot 10, Block A.

3. All that part of the platted street identified as Lakeshore Drive, lying West of an extension of the Eastern Boundary of Lot 6, Block B.

4. All that part of the West 1/2 of the platted area identified as Killarney Plazza immediately contiguous to the Eastern Boundary of Block B, including all property lying between an extension of the Southern Boundary of Block B and an extension of the Southern Boundary of that area desi gnated "Park" located wi thin Lakeshore Drive.

5. All areas designated "Park" on said Plat and lying within the areas described above,

and the hour having arrived, the Chairman called the hearing to order.

Pub1 ic Works Di rector Tom Hast ings said Engineering had no object ions to vacating

of the subdivision subject to conditions they had outlined on the plat.

: No one appeared in opposition, and the Chairman closed the hearing.

Upon a motion by Commissioner Fischer, seconded by Commissioner Chira and

carried, the Board accepted the recommendations of staff and adopted the following:l'

! RESOLUTION VACATING A PART OF THE PLAT OF TROYNELLE BY BIG LAKE APOPKA SUBDIVISION AS PER PLAT THEREOF RECORDED IN PLAT i BOOK 0, PAGE 152, PUBLIC RECORDS OF ORANGE COUNTY, FLORl DA

WHEREAS, pursuant to the provisions of Section 177.101, Florida Statutes, and Chapter 32, Orange County Code, Robert W. Sherman and Katherine L. Sherman, his wife, have petitioned the Board of County Commissioners of Orange County, Florida, for the adoption of a resolution vacating a part of the following described recorded plat of lands situated in Orange County, Florida, to-wit: A part of Troynelle by Big Lake Apopka Subdivision as per plat thereof recorded in Plat Book 0, Page 152, which part is more particularly described ,, as follows:

1. All of Blocks A and B of Troynelle by Big Lake Apopka Subdivision as 1 per plat thereof recorded in Plat Book 0, Page 152, Public Records of Orange County, Florida (including all areas designated "P.R.M1' contiguous to said blocks).

2. All of that platted street identified as Orange Plazza lying North of an extension of the Southern Boundary of Lot 10, Block A.

3. All that part of the platted street identified as Lakeshore Drive, lying West of an extension of the Eastern boundary of Lot 6, Block B.

February 13, 1979 Page 419 February 13, 1979 Page 420

4. All that part of the West 3 of the platted area identified as Killarney Plazza immediately contiguous to the Eastern boundary of Block B, including all property lying between an extension of the Southern boundary of Block B and an extension of the Southern boundary of that area designated "Park" located within Lakeshore Drive.

5. All areas designated "Park" on said Plat and lying within the areas described above.

and ;

WHEREAS, Petitioners own the fee simple title to all the land above described, and the vacation of those lands will not affect the ownership or right of convenient access of persons owning other parts of the Subdivision; and WHEREAS, Petitioners have given notice of their intention to apply to this Commission for vacation of the above-described part of the plat by publication of such notice in two weekly issues of a newspaper of general circulation in Orange County, Florida, the county in which this land is located, and have attached to their Petition proof of such publication; and WHEREAS, Petitioners have paid all State and County taxes owing on said property and have attached certificates to their Petition showing that all State and County taxes on lands encompassed in their Petition have been paid; and WHEREAS, none of the streets or alleys in the part of the plat of the Troynelle by Big Lake Apopka Subdivision sought to be vacated have been taken over by the County for maintenance and are not part of the County road system, and they serve no useful purpose to any of the public except the Petitioner; and WHEREAS, the Board of County Commissioners finds that said Petition and supporting documents are in accordance with the requirements of Section 177.101, Florida Statutes, and Chapter 32, Orange County, Code; NOW, THEREFORE, be it resolved by the Board of County Commissioners of Orange County, Florida, that the part of the plats of the Troynelle by Big Lake Apopka Subdivision as per plat thereof recorded in Plat Book 0, Page 152, of the Public Records of Orange County, Florida, as above described, pursuant to the Petition of Robert W. Sherman and Katherine L. Sherman, be and the same is hereby vacated, and the streets and alleys in said part of the plat and as above described be and the same are hereby vacated and abandoned, and the County renounces any rights in said streets and alleys and that said property in said plat is returned into acreage for the purpose of taxation.

Zon i ng The Board scheduled the following public hearings on zoning appeals: Appea 1 s Orange County P 6 Z Comm. April 17, 1979, at 7:30 p.m.

Lou Blanc April 17, 1979, at 8:30 p.m. I.

! CETA VI I Upon a motion by Commissioner Chira, seconded by Commissioner Fischer and carried, j,

1 Private the Board authorized the County Administrator to ask the Chamber of Commerce ! i l ndus t ry !, Counci 1 s if they would be interested in counseling and directing the Private Industry ii ii Councils under CETA VII. , , >

I

j j

li February 13, 1979 Page 420 i / February 13, 1979 Page 421

&

Prel iminary Notice having been given that the Board would hold a public hearing to consider ,I ' Subdivision ,

Plan - Preliminary Subdivision Plan for Anderson Place at 9:45 a.m., on the following I I t Anderson ! ' described property: Place Begin at the SE corner of the SEt of the NWt Section 8, T23 S, I R 30 E. run thence N 00 deg. 21' 50'' E 664.60 thence S 89 deg. 42' 39" E 662.77 thence S 00 deg. 26' 11" W 663.95 thence N 89 deg. 46' 03" W 661.93 to the P.O.B. Parcel contains 10.100 Ac.

I and the hour having arrived, the Chairman called the hearing to order. !I

, Planning and Development Director Martin Kreidt gave the report from the

Development Review Committee:

I FINDINGS: t 1 1. Project Analysis: a. Location: On the north side of Anderson Road, east of Arnold Drive. b. Total Area: 9.64 Acres c. Number of Lots: 29 d. Zoning: R-1A e. Potential Population: 102 f. Potential School Age Population: 22 g. Residential Density: 3.0 DU/Acre h. Open Space: None i. Potential Traffic Generation: 360 ADT j. Water Supply: Orange County k. Sewer System: Orange County

2. On-site soils consist of Orlando Fine Sand and Scranton Fine Sand. The soils on this site pose no limitations for development. Homes should be located away from the small area of Scranton Fine Sand which has a high water table.

3. The retention area in the northwest corner of the project should be deeded I to the County in fee simple ownership, and a municipal services taxing unit established to provide for funding of County maintenance.

4. The developer should improve the 20 foot drainage easement at the northwest corner of this area with a four foot wide sidewalk to provide pedestrian I access to the school site. j 5. Wastewater flow to Orange County will have to be approved by the Public ! Utilities Director, and a construction permit obtained from the Department

of Environmental Regulation prior to construction of a lift station or I collection system. 1 ' ti 6. The existing right of way for Arnold Drive is 20 feet. An additional 30 feet of right of way should be dedicated to the County.

7. The developer should dedicate to Orange County, access rights from Lots ,

No. 1, 18, 19, and 21 to Anderson Road and from Lots No. 13-18 to Arnold I(

Drive. The lots abutting Anderson Road should be screened as required in 1,

Section 9.10 of the Subdivision Regulations. # I 8. In order to protect the carrying capacity of Anderson Road, Lot No. 20 should be improved with a circular driveway. .I 9. Fire protection should be provided as required by the Subdivision Regulations.,:

RECOMMENDATIONS, SUBJECT TO THE FINDINGS OF A PUBLIC HEARING - I '3 Approval of Anderson Place Preliminary Subdivision Plan, subject to the following I

conditions: I 1. Development in accordance with the preliminary subdivision plan dated December 15, 1978.

February 13, 1979 Page 421 :I February 13, 1979 Page 422

Fee simple ownership of the retention area in the northwest corner of the project by Orange County; establishment of a municipal services taxing unit over the area to provide funding for County maintenance; this area is to be fenced with a five foot high chain link fence.

Approval of wastewater flow to Orange County by the Public Works Director, and a construction permit from the Department of Environmental Regulations prior to construction of a lift station or collection system.

Dedication to Orange County of an additional 30 feet of right of way for Arnold Drive.

Dedication to Orange County of access rights from Lots No. 1, 18, 19, and 21 to Anderson Road, and screening of these lots as required in Section 9.10 of the Subdivision Regulations. Dedication to Orange County of access rights from Lots No. 13-18 to Arnold Drive.

Provision of a circular drive on Lot No. 20 to protect the carrying capacity of Anderson Road.

Provision of fire protection as required in the Subdivision Regulations.

Installation of street trees as required in the Subdivision Regulations.

Public Works Director Tom Hastings stated that there were several discussions regarding the placement of a sidewalk from the subdivision into the school.

Mr. Hastings stated the sidewalk would go through a retention area,and it was more practical todelete any sidewalk at that point. There were drainage problems in the corner of the area. He stated they were trying to arrive at an !j I a 11 agreement with the School Board to fence the whole area and delete the sidewalk. i' 1 :

Mr. Dan Russell Dunlap, 3321 Anderson Place, Orlando, asked how the runoff water would be handled and if the developerwould be required to fence the yards.

Commissioner Arthur explained that the developer would be building a retention pond,and it would probably help the drainage in the area.

Mr. Hastings said there was no requirement for screening of property on arterial .

Ms. Shirley Maddox, 3251 Touraine Avenue, Orlando, pointed out severe drainage problems in the area, and said she did not want a slimy green retention pond next to her back yard.

Commissioner Arthur explained that a special taxing district would be set up :;I!

il to maintain the retention pond to be paid for by the people in the subdivision. I!I I: Mr. Hastings said it might be possible to set up a hydraulic storm water // Ii solution to the problem. //

Upon a motion by Commissioner Mason, seconded by Commissioner Chira and carried, ii 11 ll the Board continued the hearing for one week to allow the School Board's engineer if and the County's engineer to work out a possible solution to the drainage problem.// !!

February 13, 1979 Page 422 February 13, 1979 Page 423

I Prel iminary Notice having been given that the Board would hold a public hearing to consider il Subdivision ' /I

Plan I Preliminary Subdivison Plan for Vista Oaks at 10:OO a.m. on the following ! ' Vista Oaks , described property:

West & of the SW& of the NE* Less the North 15' thereof of Section 8 TWP 26 S RGE 28 E located in Orange County, Florida

and the hour having arrived, the Chairman called the hearing to order. :;!I 8: 3. !' Planning and Development Di rector Mart in Kreidt gave the report from the 1. 1

i Development Review Committee:

FINDINGS:

1 ' 1. Project Analysis: :, ! Location: On the east side of State Road 535, east of South Lake. District 1 Total Area: 19.29 Acres Zoning: R-CE Number of Lots: 8 Potential Population: 28 Potential School Age Population: 6 Residential Density: .4 DU/Acre Open Space: 1.6 Acres Potential Traffic Generation: 99 ADT Water Supply: Wells Sewer System: Septic Tanks

1t 2. On site soils consist of Pomello Fine Sand, Leon Fine Sand, Rutledge Fine i j I* Sand, and Rutledge Mucky Fine Sand. All soils are characteristic of a I I" ! high water table with Rutledge soils subject to flooding up to six months

per year and may contain muck. i

3. On site investigations of the project reveal that it is located in a % :i recharge area. The retention pond and swales shown on the plan are 'I acceptable as designed. The County will require dedication of the retention ,; I area including a 20 foot access easement from the roadway between Lots I i No. 1 and 7 and preservation of the retention area in its natural state. :i

4. The subdivision has been approved for septic tanks by the Orange County Health Department. Individual soil log tests should be made on each lot 1 prior to construction. The septic tank on Lot No. 5 should be in the northeast portion of the lot due to a low area near the center of said lot. i/ 5. Water will be supplied by individual wells. All wells should be 75 feet from all septic tanks and drainfields. !' ;

6. A minimum building pad elevation of 100.25 should be observed. t I 7. The cross section as shown on the plan is satisfactory, provided that prior to recording of the plat, the tract owner executes a road improvement ! i agreement. A 45 foot dedication should be provided from the centerline of State Road 535. The interior road should be paved back to the point of curvature, approximately 50 feet from the edge of the existing pavement. 1 A 15 foot landscaped easement, to be retained in its natural state, should be provided to meet the screening requirements for Lots No. 1-3. 1 I

, 8. The developer should provide a one foot buffer into Lots No. 6 and 8 so that the subdivision street is not tangent to the east tract boundary.

, RECOMMENDATIONS, SUBJECT TO THE FINDINGS OF A PUBLIC HEARING -

, Approval of Vista Oaks Preliminary Subdivision Plan, Third Revision, subject to the following conditions:

February 13, 1979 Page 423 February 13, 1979 Page 424

1. Development in accordance with Preliminary Subdivision Plan dated November 30, 1978.

2. During development, building sites shall be filled to prevent flooding of septic tanks and drainfields. Depth of fill shall be from 12" to 30" depending upon soil conditions.

3. Building pads shall be located at or above the 97 foot contour, and a minimum building pad elevation of 100.25 shall be established.

4. Dedication to Orange County of the retention area, to be identified as Tract A, and designation of a 20' drainage easement from the interior roadway between Lots No. 1 and 7 to Tract A. Retention area is to be left in its natural state.

5. Individual soil log tests must be made on each lot prior to construction. The septic tank on Lot No. 5 must be located in the northeast portion of the lot due to a low area near the center of the lot.

I I 6. All wells shall be a minimum of 75 feet from a1 1 septic tanks and drainfields. 1; I/ 8 7. Prior to recording of the plat the tract owner shall execute a road improve- ment agreement, which shall, in part, state the following: !! f i;1 a. The County may elect not to maintain the road an a regular maintenance I schedule; ,

b. Upon demand of the County, the property owner abutting the road will I pay a pro-rata share on a front foot or per lot basis, the total cost of !i engineering, designing, and construction of the road. I :I 8. A 45 foot dedication and an 85 foot building setback shall be provided is

from the center1 ine of State Road 535. I I

I 9. Dedication to Orange County of access rights from Lots No. 1-3 to State ;I Road 535, and provision of a 15 foot landscaped easement to be retained :I in its natural state to meet the screening requirements for said lots. Ii ii #I 10. Paving of the interior road back to the point of curvature, approximately 50 feet from the edge of existing pavement. 11 11 11. A one foot buffer between Lots No. 6-8 shall be provided adjacent to the i interior access street, so the street is not tangent to the east tract 11 boundary. !1 :I ji 12. Dedication of 30 feet of right of way on the north and south property lines ;! to provide for future road system for access to property that otherwise ii might be landlocked. Ij

11 Commissioner Arthur stated it should be very clear that there was to be no 4 1 subdivision of the lots down to one acre lots. c ! 1; Public Works Director Tom Hastings said that the County was building their i I inventory of dirt streets which meant more maintenance, and this developer I i ( I

wanted dirt streets. He also stated that although the developer agreed to pay I

! for paving upon demand, he did not know what the County would be able to do if 11 11 / j the developer did not have the money. i: I ' 1 i Mr. Kreidt suggested paving only half of the road at the present time. !I I ti A representative of Engineering Design said that paving only half of the road j j i :; would set a precedent and change the character of the area. He said it would :i it // be better if/was entirely unpaved and remained understood that the road was 1 ! ii not County maintained. Then the only people who would buy the property would I!I j ! be those who wanted a rural atmosphere. I/ February 13, 1979 Pa ", --, . ,. -.srr. , _--.,--* .-. - .- .- . ,.". ^ .. .-_---.- *. - -. .- .- .--,-".-. ._. .. ---.. -. -.--..l--.-o- -

February 13, 1979

Commissioner Arthur said he was concerned about granting more and more variances

to the rule that only five acre tracts would be unpaved. It would undermine

subdivision regulations.

In response to a question from Selby Birch of Winter Garden, Commissioner Arthur

stated that 1,500 square feet would be the minimum size of the homes in the

subdivision and the owners would be allowed one horse per acre.

Mr. Kreidt asked the County Attorney to comment on the legality of Item 7

of the recommendations.

Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and carried,

the Board tabled the hearing for one week.

Upon a motion by Commissioner Mason, seconded by Commissioner Fischer and carried,

Resol ution the Board removed the hearings for establ ishment of M.S.T.U. taxing districts

Lake Mary for Lake Mary Jane Road from Moss Park Road to Fresno Drive and Ontario Avenue Jane Road from Pershing Avenue to Lake Margaret Drive and to Melvin Avenue from Forest Ontario Ave. Street to 200 feet west of Williams Street from the table.

Bill Fogle of the Engineering Department said staff had reviewed both programs,

and it was their opinion that the assessment as presented was the most equitable

to a1 1 property owners concerned.

In response to a question from Commissioner Mason, Mr. Fogle said that under the

ordinance it would be unfair to give a special break to propertyowners of corner

lots. It would mean an increased assessment for all the other property owners.

The Chairman closed the hearing.

Upon a motion by Commissioner Chira, seconded by Commissioner Fischer and carried,

the Board accepted the recommendations of staff and approved establishment of

a special purpose taxing district for road improvements to Lake Mary Jane Road

from Moss Park Road to Fresno Drive and the assessment rol1s;and the Board also

approved establishment of a special purpose taxing district for road improvements

to Ontario Avenue from Pershing Avenue to Lake Margaret Drive and to Melvin

Avenue from Forest Street to 200 feet west of Williams Street and the assessment

rol 1s.

Ii Real Estate Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and carried, r' I the Board accepted the recommendat ion of the Pub1 ic Works Director and approved I '

I" i February 13, 1979 ! I ! February 13, 1979 Page 426 II the following agreements, and authorized the Clerk of the Real Estate Department I to record same on the fol lowing described property: / j High Point Water Main, Utility Easement

Water Main Easement: From the NW corner of Ef of E& of SE& of Section 21, Township 22 South, Range 31 East run S 89 deg. 40' 11" E, along the & section line, 150.0' for a point of beginning; from said point of beginning all lands lying within 10.0 ft. left and 10.0 ft. right of the following described centerline: Run thence S 00 deg. 29' 29" W, parallel with the West line of the E$ of the Ef of the SW& of said Section 21, 195.0 feet, thence S 89 deg. 40' 11" E 20.0 ft. thence S 00 deg. 29' 29" W, parallel with said West line of the East f of E$ of the SWi of said Section 21, 305 ft., thence N 88 deg. 19' 30" E 185.0 ft., thence S 00 deg. 29' 29" W 986.0 ft., thence N 88 deg. 00' W 145.0 ft., thence SO0 deg. 29' 29" W 1162 ft.,more or less to the South line of the SWt of said Section 21 and the Point of Termination, ALSO: From the NW corner of E& of E& of SWt of Section 21, Township 22 South, Range 31 East run S 89 deg. 40' 11" E along the & section line a distance of 150.00 feet for a Point of Beginning; from said Point of Beginning all lands lying within 10.0 ft. left and 10.0 ft. right of the following described centerline: Run thence 1.1 0 deg. 29' 29" E 1222.25 ft., thence N 89 deg. 59' 33" E 61 ft. more of less to the Point of Termination on the Westline of the High Point Condominium, recorded in O.R. Book 2555, page 1776, Orange County, Florida pub1 ic records. LESS any portion of the foregoing lying within the said High Point Declaration Condominium. Granted by: High Point Equities, Inc. I/!I High Point Force Main, Sewer Line Easement

From the NW corner of the Ei of the E4 of the SWt of Section 21, Township 22 South, Range 31 East run S 89 deg. 40' 11'' E along the t section line 81 feet for a Point of Beginning; from said point of beginning all lands lying within 10.0 feet left and 10.0 ft. right of the following described center line: Run thence S 00 deg. 29' 29" W, parallel with the West line of the E& of the E& of the SWk of said Section 21, 170 feet, thence S 89 deg. 40' 11" E 109.0 ft. thence S 00 deg. 29' 29" W parallel with said West line of E& of E& of SW& of said Section 21, a distance of 2470 ft. more or less to the South line of the SWi of said Section 21 and the Point of Termination. ALSO: From the NW corner of the E4 of the E& of the SWk of Section 21, Township 22 South, Range 31 East run S 89 deg. 40' 11" E along the t section line, 81 feet for a point of beginning; from said Point of Beginning all lands lying within 10.0 ft. left and 10.0 ft. right of the following described centerline: Run thence N 4 deg. 03' 41" W 425.90 ft. thence N 6 deg. 06' 11" W 348.31 ft. thence N 0 deg. 29' 29" E parallel with the West line of the E& of the SE& of NW& of Section 21, Township 22 South, Range 31 East and 10 feet Ely therefrom, a distance of 511.31 ft. to a point 50.0 ft. South of the North line of said E& of SEt of NWt and Point of Termination.

Granted by: High Point Equities, Inc.

Lake Georaia Drive. Riaht of Wav Aareement For a point of reference, commence at the NE corner of the NW& of the SEA of Section 6, Township 22 South, Range 31 East, Orange County, Florida. Run thence S 89 deg. 29' 39" W along the North line of said NWi of the SEt 32.50 feet to the Point of Beginning; continue thence S 89 deg. 29' 32" W along said North 1 ine 16.66 feet to a concrete monument; run thence S 05 deg. 21' 23" E 30 feet Wly of and parallel to the centerline of Lake Georgia Drive 335.33 feet to a concrete monument on the East line of said NWt of the SEt; run thence N 02 deg. 58' 58" E along said East line 35.00 feet; run thence N 01 deg. 40' 32" W 135.45 feet; run thence N 04 deg. 23' 13'' W 167.14 feet to the Point of Beginning.

Granted by: Horvath Groves, Inc. iiI

February 13, 1979 February 13, 1979 Page 427

Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and Resol ut ion ------.- - - cart-IP~the Rnard-. arrateri the r~r-inn?-- nf qtaff

RESOLUTION

WHEREAS, it is in the best interest of Orange County, for the promotio

of the health, safety and general welfare of the community, that any lot or plot of

land in Orange County, zoned for residential or commercial uses, and outside of

any incorporated municipality, with an accumulation of underbrush, weeds, rubbish

trash, noxious materials or tall grass, or containing the remains or rubble of

structures which have burned or which have been stricken by other casualty,which

constitutes a nuisance and menace to tKe public health or safety to be cleaned and

cleared, and

WHEREAS, "nuisance and menace to public health or safety" shall

include, but shall be limited to weeds, debris, the remains or rubble of structures

which have burned or which have been stricken by other casualty, and any noxious

material of any kind which tend to be a breeding place or haven for snakes and

vermin of all kinds and character, or which tend to create a traffic hazard.

NOW, THEREFORE, BE IT RESOLVED, by the Board of County

Commissioners of Orange County, Florida, that the lot or plot of land described

as - 21-22-30, 7204, 05012 Ponce DelLeon ~128N. 75' Lot 1 Blk E N & of Lot 2 Blk. E. N. 4 of Lt. 3 Blk. E

Location: SW corner of Sunrise Blvd. & Sassoon Avenue

Owner: George J. Hagerman 1303 Canberra Ave. Orlando FL 32807

be cleaned or cleared of all underbrush, weeds, rubbish, trash, noxious materials,

tall grass, or the remains or rubble of structures which have burned or which have

been stricken by other casualty, which constitutes a nuisance and menace to the

public health or safety within fifteen (15) days after receipt of a copy of this

resolution.

BE IT FURTHER RESOLVED by the Board of County Commissioners

of Orange County, Florida, that in the event of the non-compliance by the owner

of such property as shown on the current tax rolls that the land or lands described

above be cleared by the County or its agent and the cost thereof be assessed

against the land or lands described above, which said assessment shall be deemed

to constitute a lien to said land or lands.

February 13, 1979 Page 427 February 13, 1979 Page 428

Resolution Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and carried, the Board accepted the recommendat ions of staff and adopted the fol lowing H

I WHEREAS, it is in the best interest of Orange County, for the promotion II lof the health, safety and general welfare of the community, that any lot or plot of /I land in Orange County, zoned for residential or commercial uses, and outside of I1 Iany incorporated municipality, with an accumulation of underbrush, weeds, rubbish, I trash, noxious materials or tall grass, or containing the remains or rubble of I1 structures which have burned or which have been stricken by other casualty, which II constitutes a nuisance and menace to the public health or safety to be cleaned and

cleared, and WHEREAS, "nuisance and menace to public health or safety" shall II linclude, but shall be limited to weeds, debris, the remains or rubble of structures II lwhich have burned or which have been stricken by other casualty, and any noxious II material of any kind which tend to be a breeding place or haven for snakes and

vermin of all kinds and character, or which tend to create a traffic hazard. I NOW,THEREFORE, BE IT RESOLVED, by the Board of County I I Commissioners of Orange County, Florida, that the lot or plot of land described li las - 6 23 30 NcLeish Terrace Subdivision 0/124 5364 Lot 1 II Location: Adjacent to 1904 Kaley Avenue I1 Owner: Emery Sirnms I I I Suite 1630 CNA Tower 255 S. Orange Avenue Orlando FL 32801

be cleaned or cleared of all underbrush, weeds, rubbish, trash, noxious materials,

1 tall grass, or the remains or rubble of structures which have burned or which have (1 been stricken by other casualty, which constitutes a nuisance and menace to the I1 Ipublic health or safety within fifteen (15) days after receipt of a copy of this II resolution. II BE IT FURTHER RESOLVED by the Board of County Commissioners I1 of Orange County, Florida, that in the event of the non-compliance by the owner II of such property as shown on the current tax rolls that the land or lands described II 1 above be cleared by the County or its agent and the cost thereof be assessed II 1 against the land or lands described above, which said assessment shall be deemed II to constitute a lien to said land or lands.

February 13, 1979 Page 428

-. -. - --.---- . - ,... * .. .- - .. . . - -

February 13, 1979

Resol ut ion Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and

RESOLUTION

WHEREAS, it is in the best interest of Orange County, for the promotion

of the health, safety and general welfare of the community, that any lot or plot of

land in Orange County, zoned for residential or commercial uses, and outside of

any incorporated municipality, with an accumulation of underbrush, weeds, rubbish,

trash, noxious materials or tall grass, or containing the remains or rubble of

structures which have burned or which have been stricken by other casualty, which

constitutes a nuisance and menace to the public health or safety to be cleaned and

cleared, and

WHEREAS, "nuisance and menace to public health or safety1' shall

include, but shall be limited to weeds, debris, the remains or rubble of structures

which have burned or which have been stricken by other casualty, and any noxious

material of any kind which tend to be a breeding place or haven for snakes and

vermin of all kinds and character, or which tend to create a traffic hazard.

NOW, THEREFORE, BE IT RESOLVED, by the Board of County

Commissioners of Orange County, Florida, that the lot or plot of land described

as - 13 23 29 9068, 00582 N 100' of Lots 58 & 59

Location: Corner of Outlook Street & Vaughn Avenue

Owner: James R. Finnigan 1139 Narcissus Lane Orlando FL 32807

be cleaned or cleared of all underbrush, weeds, rubbish, trash, noxious materials,

tall grass, or the remains or rubble of structures which have burned or which have

been stricken by other casualty, which constitutes a nuisance and menace to the

public health or safety within fifteen (15) days after receipt of a copy of this

resolution.

BE IT FURTHER RESOLVED by the Board of County Commissioners

of Orange County, Florida, that in the event of the non-compliance by the owner

of such property as shown on the current tax rolls that the land or lands described

above be cleared by the County or its agent and the cost thereof be assessed

against the land or lands described above, which said assessment shall be deemed

to constitute a lien to said land or lands.

February 13, 1979 Page 429

I tl February 13, 1979 Page 430

Right of Way Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and carried, Utilization Permi ts the Board accepted the recommendations of the Public Works Director and approved

the following Right of Way Utilization Permits:

Florida Gas Company lnstall gas main at Sea Harbor & International Drive, Sea World, underground I utility permit required. Orlando Utilities Commission lnstall water main at Lake Street north of Jennie Jewel Drive, underground utility permit required. Emergency repair of hydrant at 29th Street east of Westmoreland, emergency repair "After the Fact", underground uti 1 i ty permi t requi red.

Florida Telephone Corporation lnstall buried cable at Golden Gem Road north of Poncan Road. lnstall buried cable at Oakwind Drive west of Lakeville Road. lnstall buried cable at Lewis Avenue between Rock Springs Road and Virginia Ave., open cut authorized (dirt road) provided minimum one lane traffic maintained. Conformance with manual on traffic control & safe practices required.

Southern Bell Telephone & Telegraph Co. lnstall buried cable, North Palm Avenue east of Grant Boulevard. lnstall buried cable at Nowell and Paul Streets North of S. R. 50. lnstall buried cable at Hemple Road north of Sunshine State Parkway.

Florida Power Corporation lnstall poles and overhead and buried cable at Lakeville Road north of Beggs Road. lnstall poles and overhead cables at Monroe Avenue west of Sheeler Road, set poles at right of way line minimum clearance over roadway 18 feet. Coordinate installation with Apopka Square Contractor. lnstall poles and overhead cable at Seminole Avenue west of S. R. 15, any work within S. R. 15 right of way requires D.O.T. permit. Minimum clearance over Seminole Avenue - 18 feet.

lnstall buried cable at Mediterranean Road at Gibralter Road Lynwood Estates, minimum cover under roadway 36 inches.

lnstall buried cable at Central Florida Parkway, Regency Industrial Park, minimum clearance over roadway - 18 feet.

lnstall overhead cable at Nell Drive west of Lake Mary Jane Road - Isle of Pines S/D, minimum clearance over roadway - 18 feet.

lnstall buried cable at various streets in Arbor Woods Subdivision, no pavement cut authorized. Base cuts authorized, provided cut replaced with concrete. Subgrade cut authorized and replacement material to be compacted to 98% (T-180) density. (~abtests required.)

Winter Park Telephone Company lnstall buried cable at University Boulevard and Lake Twylo Road, no roadway or pavement cuts authorized. I1 Contract Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and carried, Award the Board accepted the recommendations of the Public Works Director and awarded 35th Street Tomoka Drive a contract for paving of 35th Street, Tomoka Drive and Rockwood Avenue to Pat Esposito and Sons, Inc., in the amount of $112,615.17. I I

February 13, 1979 Page 430 February 13, 1979 Page 431

i Grants In Aidi Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and

Section8 , carried, the Board accepted the recommendations of the Comptroller and approved Hous i ng Assistance the following seven HUD Section 8 Housing Assistance Contracts: Con t racts 156 John M. Anderson 344 Angel Blanca 100 Teller Street 2092 Raeford Road Eatonvi 1 le, FL Orlando FL 32806 363 DaisieM. Walker 364 A1 1 ice W. Peterson 910 Riverside Drive 710 S. Lake Lily Drive Orlando FL 32810 Mai tland FL 32751 551 Twin Lakes Manor Apts. 552 Apopka Townhouse Villas #4-A, 201 Monroe Avenue #22, 800 S. Georgia Avenue Mai tland FL 32751 Apopka F1 32703 553 Bordeaux Apts. 1760-7 Mercy Drive 1 Orlando FL 32808

ti 1 !i : el1 Grants in Aid Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and 11 i Agreement - carried, the Board accepted the recommendations of the Comptroller and approved Orlando iI1; Hous i ng a renovation agreement with the Orlando Housing Authority for property previously 3 Authority for /i

Stutzman , known as Stutzman Apartments to replace agreement approved October 30, 1978, 11 j; Apartments I * with minor changes, and the Board authorized the Chairman to sign same. b ,l 1% 1 11'? Grants in Aid Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and I

'I HUD - Agrmt. carried, the Board accepted the recommendations of the Comptroller and approved I Commun i ty I\ a social services agreement with Community Service Center of South Orange County, Service !, Center of I I Inc., in the amount of $29,000.00 from January 1, 1979, to September 30, 1979; 'I South Orange I County, Inc.-: ! and the Board authorized the Chairman to sign said agreement. : I!

I,

Grants in Aid Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and ll I Comptrol ler carried, the Board accepted the recommendations of the Comptrol ler and approved '1

Payment for I I issuance of a warrant to the County Comptroller in the amount of $1,728.36 for I! Lake Conway ' r I White Amur indirect costs due the Comptroller for the Lake Conway - White Amur Project, Project ;i U. S. Army Corps of Engineers Contract No. DACW 39-76-C-0084. ; * I

Personnel : Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and

Employment carried, the Board accepted the recommendat ions of the Comptrol ler and approved ! Agreement 1, an Employment Agreement with Ms. Lynnette Shippey to perform services specified ~h i ppey i as "Social Worker I" at an hourly rate of $5.23 for the period February 14, 1979, " 1: ' to June 30, 1979; and the Board authorized the Chairman to sign said contract. I/

I

! i Page 431 February 13, 1979 Page 432

Grants In Aid Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and

Federal Grant$ carried, the Board accepted the recommendations of the Comptroller and approved Reimbursements the following reimbursements from Federal Grants:

Community Development Annie E. Paige and Earl L. Mefford $ 7,8OO.OO Hastings St. E & P Concrete, Payment No. 2, C. D. Project #78-20 1,786.25 CD#78-20 Hastings Street Sidewalk

Washington St, E & P Concrete, Payment No. 2 and Final, C. D. Project #78-21 7,374.00 ~idewalk#78-21 Washington Street Sidewa I k City of Apopka - CD Block Grant Christian Service Center, Community Food & Nutrition Program, De 1 egate Agency Payment Ernst & Ernst, CPA's, Local Public Works Grants Final Invoice for Audit Lake Conway Board of County Commissioners, U. S. Army Corps 27,005.84 !j White Amur of Engineers, Lake Conway White Amur Project Canin/Miller Associates, U. S. Army Corps of Engineers 430.43 Lake Conway White Amur Project

CETA I Dixie Fiberglass National Computer Resources, Inc. CETA I I Board of County Commissioners - Miscellaneous Board of County Commissioners - Vehicle Maintenance 7,641.46 ii !I Board of County Commissioners - & Right of Way 4,779.12 11 Board of County Commissioners - Solid Waste 173.39 11

CETA VI Florida Department of Labor & Employment

j i M.S.T.U.-Road$ Notice having been given that the Board of County Commissioners would hold a Ii Andrus Avenue public hearing at 2:00 p.m. to consider making improvements on the following 11 iI roads : I! 1 i Andrus Avenue from Lee Road to Beatrice Drive Fourth Street from Hollister Road to Bellmore Avenue Tenth Street from Hollister Road to Belvedere Road

, and the hour having arrived, the Chairman called the hearing to order. // Bill Fogleof theEngineering Department told theBoard therewere41 property 1; i owners on Andrus Avenue, and of that amount 13 were in favor, 10 had no response lt

and 18 were opposed. The front foot assessment to property owners would be $6.50 1 I; ti ii and $14.81 for the County. 1 * 11 Mr. Oliver, 5329 Andrus Avenue, was present and stated he was in favor of the

paving. /I :: /j; Mr. Fogle stated that Fourth Street was located in Lake Louise Estates in the 31 il !i Bithlo area. Thirteen people were in favor of the project, seven had given no !i 11 response, and seven were opposed. The front foot assessment to property owners 11 a a il would be $5.23 and $12.26 for the County. He pointed out that since the original !/ !!I$ I : February 13, 1979 Page 432 i l February 13, 1979 ; petition had been signed there were four new property owners on the street which :Ii :; changed the percentages . I I :i I I Mr. Jim Nuess, Lot 379,was present and asked whichstreets were included in the I I 1 program. Mr. Fogle explained the program further to him. i Mr. Robert W. Rivers told the Board that he was ret i red and on a fixed income I!

I and could not afford the assessment. He stated there was a group of people 1; against the paving. ti I !I A gentleman in the audience said many of the people on the street had not been $1 !

informed of the hearing or the assessment. ,I 1 j j

Mr. Fogle explained they had sent notices based on the current tax rolls. Many I! I I of the people in the Bithlo area did not have contracts recorded on their property.!/ Therefore, people were carrying petitions around to the property owners. :I I Mr. Leo Malek, Lot #384, said he was in favor of the paving. There had been 1 i l I) meetings at the civic centerand no one had objected to the paving at that time. I i j He said he could not understand the sudden opposition. Ii :1 11 i Ms. Katherine Legg, Lot #393, asked how the drainage would be handled. $1 I i j !I Mr. Fogle said they would be redoing a lot of the existing ditch systems in con- junction with the paving and changing some of the ditch system south of Highway 50.

He also told her that the road section to be used had been very successful in high water table areas where some roads had been in existence for 15 to 20 years.

In response to another question, he stated the payments could be spread out over a 10 year period at 74% simple interest. !I Mr. Chuck Lochran, Lot #399, said he was against the paving. Now that 6th Street i was paved there were a lot of cars speeding through the area. In response to a ,j *I question, Mr. Fogle said it was County policy to replace the culverts that were I i I a 1 ready there when the st reet was paved. i :I

In response to a question from a gentleman in the audience, Commissioner Arthur i 1 j explained that the Property Appraiser had informed the Board that they did not i : automatically raise the tax assessment on property on the basis of having the !: st reet paved.

Mr. Fogle told the Board that on 10th Street in the Bithlo area that eight were

in favor of paving, two against, and five with no response. The front foot

February 13, 1979 February 13, 1979 Page 434 assessment to property owners would be $5.23 and $12.26 for the County. I/ ( The Chai rman closed the hearing. II

Upon a motion by Commissioner Arthur, seconded by Commissioner Chira and carried, the Board accepted the recommendations of staff and approved the establishment / / 1 of a Municipal Service Taxing Unit for the paving of Andrus Avenue from Lee Iil i Road to Beatrice Drive and adopted the resolution for same which is on file I/ i l in the office of the Clerk to the Board of County Commissioners. I1 I!Il Upon a motion by Commissioner Chira, seconded by Commissioner Thomas and carried, I! the Board accepted the recommendations of staff and approved the establishment 1)11 1 of a Municipal Service Taxing Unit for the paving of Fourth Street from Hollister i/ Road to Be1 lmore Avenue and Tenth Street from Hol 1 ister Road to Belvedere Road 11 ii and adopted the resolutions for same which are on file in the office of the Clerk 11 /I 1 to the Board of County Commissioners, and further approved the assessment rolls. / /

Real Estate 1 Upon a motion by Commissioner Thomas, seconded by Commissioner Chi ra and carried, 11 the Board accepted the recommendations of the Public Works Director and accepted I the following documents and instructed the Clerk of the Real Estate Department II to record same on the following described property: // Lake Georgia Drive, Right of Way Agreement For a point of reference, commence at the NE corner of the NWt of the SEt of Section 6, Township 22 South, Range 31 East, Orange County, Florida. Run thence S 89 deg. 29' 39" W along the North line of said NWA of the SEt 32.50 feet to the Point of Beginning; continue thence S 89 deg. 29' 32" W along said North line 16.66 feet to a concrete monument; run thence S 05 deg. 21' 23" E 30 feet Wly of and parallel to the centerline of Lake Georgia Drive 338.33 feet to a concrete monument on the East line of said NWt of the SEA: run thence N 02 deg. 58' 58" E along said East line 35.00 feet; run thence N 01 deg. 40' 32" W 135.45 feet; run thence N 04 deg. 23' 13" W 167.14 feet to the point of beginning.

1 Granted by: Horvath Groves, Inc. / /

Nowell Street, Sanitary Sewer Easement The East ten (10) feet of Lots 32, 33, 34, and 35 and 36, inclusive, of Block "GI1, Orange Heights, according to the plat thereof as recorded in Plat Book L, Page 33, public records of Orange County, Florida.

Granted by: John E. Larson and Glendora V. Larson, Robert E. Turnage and Merle Turnage of LaGrange, Illinois.

Chisholm Street, Road Improvement Agreement Lot 5 and 6, Block "E" - Starbi rd Subdivision, Plat Book "R", Page 100, I Pub1 ic Records of Orange County, Florida, Granted by: The First Born Church of the Living God, Inc. 1 I I/

February 13, 1979 February 13, 1979 Page 435

M.S.T.U. - Notice having been given that the Board would hold a public hearing at 2:30 p.m. Lighting Dist* for the purpose of hearing those for or against the establishment of a special

' Peppertree purpose 1 ighting district for Peppertree Third and Fourth Addition, and the hour Third & Fourth having arrived, the Chairman called the hearing to order. Addition Deputy Clerk Mary Jo Hudson reported that the annual cost per freeholder would be $17.36. Closed the hearing. Upon a motion by Comm. Chira, seconded by Comm. Fischer and carried, the Bd. adopted : RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS , ESTABLISHING A MUNICIPAL SERVICE UNIT FOR

PEPPERTREE THIRD AND FOURTH ADDITION

WHEREAS, Chapter 125.01 (1) (q) , Florida Statutes, 19 75 grants- Orange

County the power toc.establish municipal service units for any part of the

unincorporated areas of the County, and

WHEREAS, the Board of County Commissioners of Orange County has received

a request, in writing from John E. Moran, Land Development Cordinator

Tompkins Development Co. for the establishment of such a municipal

service unit in that portion of the unincorporated area of Orange County to be known as Peppertree Third and Fourth Addition - and which is more fully described below, and

WHEREAS, this Board finds that the request of John E. Moran, Coordinator, Tompkins Development Co, together with the other informa-

tion pertaining to the operation of the proposed municipal service unit

submitted therewith, to be feasible and in the public interest, and that

properties within Pe~~ertreeThird and Fourth Addition

will be benefited, now and in the future,

and that the proposed municipal service unit should be created,

THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Orange

County, Florida:

1. There is hereby established and created the Peppertree Third and Fourth Addition municipal serQice unit, the boundaries of which appear on the recorded plat of Pe~~ertreeThird Additi~n Plat Rook 7 Paae 90

Pe~pertree Fourth Addition.. . Plat Rook 7 Paae 143

hiore particularly described as . 77. . 30. rd Addl tinn T,n+s 55 thri~74

February 13, 1979 February 13, 1979 Page 436

Public Records of Orange County, Florida. The purpose of such municipal service unit is to provide for collection and disbursal by Orange County of such funds as may be necessary to pay annual expense of electrical services and current used in their operation within the municipal service unit. It is the understanding of Orange County that the Florida Power Corporation is to construct, or has constructed in accordance with standards approved by Orange County, all necessary street lighting equipment at no expense to the County, prior to or during construction of those portions of Pp~n~rtrppThird and Fnl~rfh~ddltlnns . . 1 da Dnwr rn n AAhdthat the - will assume operation of such equipmzsubsequent to s truction, including computation of the annual and monthly charges for electrical service and current used in their operation. Such equipment is to include wooden poles, and - 16 -concrete poles, and 18 fixtures- of 4000 Lumen Mercury Vapor Lamps, and xxxxx fixtures of xxxxxx Lumen Mercury Vapor Lamps for a, total monthly rate of $96.00 excluding the cost of administering the district as set out below, or at a rate or rates as may be set by the properly constituted legal authorities who control, govern, and set the rates for the Florida Power Corpora tionfor the services described herein. It is further understood by Orange County that the Florida Power Cor~oration may construct such street lighting equipment only in those portions of the municipal service unit described herein as may be necessary concurrent with the developtnent of Peppertree Third and Fourth

I Additions and that the lighting district herein will be operated only in such portions of the municipal service unit until such construction is completed in other portions of the municipal service unit; provided that if such construction is only to be in portions of such municipal service unit, a complete legal descrip- tion of the portion or portions developed be filed with the Clerk of the Board of County Commissioners, after presentation and ap- proval by the Board of County Commissioners; and provided, that should any land be developed in the future which is contiguous to the boundaries of the municipal service unit herein established for which street lighting is duly requested by the owners thereof, or should such street lighting be requested to be extended to con- tiguous previously developed land in accordance with the terms of this Resolution, such land and street lighting services may be in- cluded within the boundaries of the municipal service unit herein established by an appropriate amendatory Resolution.

2. Upon completion of construction of such street lighting equipment and the placement of such equipment into operation, the Board of County Commissioners shall determine the amount required in the current fiscal year to pay the expense of operating the street lighting equipment in the municipal service unit and shall deter- mine such amounts in each and every year thereafter for the follow- ing fiscal year Ocotber 1 thru September 30. One dollar ($1.00) for each lot or parcel of land shall be added by the Board of County Commissioners to cover the costs of administering the municipal service unit and the total amount so determined shall be specially assessed against the rea1,property of the freeholders in the municipal service unit as provided hereafter. Pending collec- tion by Orange County of such special assessments, as provided here- inafter, the County may spend from its general fund, such sums as may be necessary to operate and administer the municipal service unit hereby created and the County will be reimbursed to such ex- tent at such time as such assessments have been collected. The estimated annual cost of operating and administering such street lighting equipment is $ 1I 648 *80 , and the estimated annual charge to each individual freeholder is $ 17.36 excluding Tom~kins nt Co anv . Proceeds of collection of such xtsas p?ovided hereinafter are to be put into a special account by the County to the credit of the municipal service unit, and are to be used only by the district as provided herein.

February 13, 1979 Page 436 February 13, 1979

Upon completion of construction of such street lighting equipment and the placement of such equipment into operation, and each and every year thereafter for the following fiscal year, a special assessment roll setting forth a description of each lot or parcel of land, including that owned by Tompkins Developraent Company subject to the special assessments in the municipal service unit as provided herein, in- cluding homesteads, shall be prepared by the Tax Assessor and de- livered to the Board of County Commissioners, which shall levy a special assessment upon &e lands owned by anki,s ~PTTPIonmen+ Co . and such lotsAorparcels a6 may be owned by individual freeholders, according to the recorded plat of Peppertree Third and Fourth Additions Plat Book 7 paqe 90 and Plat Book 7 paqe 143

such sums as shall be necessary to pay the estimated expense of the annual operation of such street lighting equipment and admin- istration of the municipal service unit provided that such sums shall be assessed against the real property of each individual freeholder on a pro rata basis, and not on an ad valorem basis, so that each freeholder shall, at all times, pay an equal munt towards such costs; provided, that should the municipal service unit established herein become operational after January 1 but before June 1 of this year, such assessment shall be made on a pro rata basis of such estimated expense for the remainder of the cal- endar year, and should the district become operational after May 31 of this year but before January 1 of the following year, no assess- ment shall be made for this year lfiut the pro rata share of such estimated expense shall be added to the assessment for the follow- ing year. After such levy by the Board of County Commissioners, the Tax Assessor shall extend the assessment upon said roll and said roll shall be fully completed prior to the time said Board sits as a Board of Tax Adjustment, during which time such assess- ments may be protested, reviewed, equalized and adjusted to conform to the provisions herein. After adjournment as a Board of Tax Adjustment, said Board of County Comissioners shall certify said special tax assessments in the same manner and at the same time as the County tax roll is certified and delivered to the Tax Collector, and said special tax assessments shall be collected in the same manner as and shall have the same priority rights, discounts, and be subject to the same delinquent interest and penalties and be treated in all respects the same as County taxes. Said special tax assessments, when collected by the Tax Collector, shall be remitted to said Board, who shall deposit the same in such depos- itory as shall be designated by the Board who shall apply the same to monthly bills rendered by the Fl or- Power nn From the proceeds of said special tax assessments, -of County Commissioners shall pay for having a special assessment tax roll made and extended bpt the Tax Collector shall not receive any compensation for his services in complying with provisions of resolution, provided that the Tax Collector's office shall receive the same fees and costs of sale as provided by law for the collec- tion of ad valorem taxes, advertising, sale of lands and issuance of certificates.

4. All unpaid special assessments levied in accordance with the prd- visions ofthisresolution shall become delinquent at such time as County ad valorem real property taxes become delinquent and shall bear the same delinquent interest penalties as County taxes and shall become a lien on the real property of the freeholder upon whom they were assessed which lien shall remain until they are paid. In the event such special assessments remain unpaid for a period of one (1) year, such real property shall be advertised in the same manner as delinquent County taxes and sold in the same manner as delinquent County tax lands are sold, and in all other respects, the provisions of General Law pertaining to the redemp- tion or purchase of County tax sales certificates and delinquent County tax lands, shall apply to such real prbpsrty.

5. The Board of County Commissioners shall be the governing board of said municipal service unit.

February 13, 1979 February 13, 1979 Page 438

Real Estate Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and

I carried, the Board accepted the recommendations of the Public Works Director

, and accepted the following documents and instructed the Clerk of the Real

Estate Department to record same on the following described property:

Southwest Bithlo, No. 9 Drainage Easement South 15 feet of Lot 95 described as follows: From the NW corner of Section 28, Township 22 South, Range 32 East run N 89 deg. 54' 20" E, along the Section line 330 feet, thence S 0 deg. 29' 40" E parallel to the West line of said Section 700 feet for a point of beginning; run thence S 0 deg. 29' 40" E 4.06 feet thence S 16 deg. 53' 40" W 100.10 feet, thence N 89 deg. 54' 20" E 189.25 feet, thence N 13 deg. 37' 35" E 102.94 feet, thence S 89 deg. 54' 20" W 184.45 feet to the Point of Beginning.

Granted by: Ambrose J. Wise and Geneva E. Wise, his wife.

Orange Blossom Terrace, No. 1 Drainage Easement All that portion of Lot 6, PROSPER COLONY, Block 1, Plat Book D, page 109, Public Records of Orange County, Florida, being described as follows: For a point of reference, commence at the NE corner of Lot 7, Bl k B of ORANGE BLOSSOM PARK, Plat Book S, page 19, run thence N 89 deg. 22' 25" E along the South right of way line of Blossom Terrace, a distance of 17.95 to the point of beginning of this description. Continue thence N 89 deg. 22' 25" E along said South R/W line a distance of 11.97 feet; thence S 32 deg. 41' 25" W a distance of 323.10 feet to a point on the North R/W line of Rose Boulevard; thence S 89 deg. 22' 25" W along said North R/W line a distance of 11.97 feet; thence N 32 deg. 41' 25" E along the SEly line of Drainage Easement recorded in 0. R. Book 2804, pp 1694 and 1695 of Orange County Florida a distance of 323.10 feet to the Point of Beginning lying within Begin 40.83 feet West of SE corner of Lot 6, run W 199.53 feet N 32 deg. E 199.66 feet E 93.05 feet thence South 167.08 feet to POB (~ess~oad).

Granted by: Joseph Leiser and Veronica Leiser, his wife. a All that portion of Lot 6 of PROSPER COLONY, Block 1, Plat Book D, Page 109, Public Records of Orange County, Florida being described as follows: For a Point of Reference, commence at the NE corner of Lot 7, Blk B, ORANGE BLOSSOM PARK, Plat Book S, page 19, run thence N 89 deg. 22' 25" E along the South right of way line of Blossom Terrace a distance of 17.95 feet to the Point of Beginning of this description. Continue thence N 89 deg. 41' 25" E along said South R/W line a distance of 11.97 feet, thence S 32 deg. 22' 25" W a distance of 323.10 feet to a point on the North right of way line of Rose Boulevard; thence S 89 deg. 22' 25" W along said North R/W line a distance of 11.97 feet; thence N 32 deg. 41' 25" E along the SEly line of Drainage Easement recorded in O.R. 2804, pages 1694 and 1695 of Orange County, Florida a distance of 323.10 feet to the Point of Beginning lying within beginning 167.08 feet N of SE corner of Lot 6, run thence W 133.9 feet North 33 deg. E 199.81 feet thence E 25.75 feet South 167.08 feet to point of beginning.

4

Contract Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and carried, Award the Board accepted the recommendations of the Public Works Director and awarded Hanging Moss Road a contract for the paving of Hanging Moss Road to Poncho's Construction Company *

' in the amount of $123,618.00.

Surety Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and carried,

Quai 1 Trai 1 the Board accepted the recommendations of the Public Works Director and released

$2,520 escrow deposit back to Amick Construction Company, Inc., for work now

completed at Quail Trail Estates (install underdrains in Unit 2-A).

February 13, 1979 Page 438 February 13, 1979

M.S.T.U. - Notice having been given that the Board would hold a public hearing at 2:35 p.m. Lighting for the purpose of hearing those for or against the establishment of a M.S.T.U. Bay Hill, for Bay Hill Section 10, and the hour having arrived, the Chairman called the Section 10 hearing to order. Deputy Clerk Mary Jo Hudson reported that the annual cost per freeholder would be $26.89. No one appeared in opposition, and the Chairman closed the hearing.Upon a motion by Comm. Thomas, seconded by Comm. Fischer and carried, the Board ado ted the followin RESOLURONOF ME BOARB'OF COUNTY CO~ISSIONERS ESTABLISHING A MUNICIPAL SERVICE UNIT FOR

my WTT,T, SECTION 10 WHEREAS, Chapter 125.01 (1) (q) , Florida Statutes, lg 75 grants- Orange

County the power toclestablish municipal service units for any part of the

unincorporated areas of the County, and

WHEREAS, the Board of County Commissioners of Orange County has received

a request, in writing from John Shelton, Bay Point Development Co.

for the establishment of such a municipal

service unit in that portion of the unincorporated area of Orange County

to be known as Bay Hill Section 10 - and which is more fully described below, and

WHEREAS, this Board finds that the request of John Shelton, Bay Point ,

Development Co, , together with the other informa-

tion pertaining to the operation of the proposed municipal service unit

submitted therewith, to be feasible and in the public interest, and that

properties within Bay Hill Section 10

will be benefited, now and in the future,

and that the proposed municipal service unit should be created,

THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Orange

County, Florida:

1. There is hereby established and created the Bay Hill on 10 municipal serQice unit, the boundaries

of which appear on the recorded plat of R~VA Hi 11 -inn 1 n Plat Rnnk 7 Pag~!97

&re particularly described as SPP~~nn 71 and 73.,TC hi-nA 71 F! 78 T,nt.s 31thri~ 474

February 13, 1979 February 13, 1979 Page 440

Public Records of Orange County, Florida. The purpose of such municipal service unit is to provide for collection and disbursal by Orange County of such funds as may be necessary to pay annual expense of electrical services and current used in their operation within the mnicipal service unit. It is the understanding of Orange County that the Fl&da Power Corporation is to construct, or has constructed in accordance with standards approved by Orange County, all necessary street lighting equipment at no expense to the County, prior to or during construction of those portions of Bay Hill Section 10 and that the Florida Power Corporation will assume operation of such equipment, subsequent to such con- struction, including computation of the annual and monthly charges for electrical service and current used in their operation. Such equipment is to include xxxxxwooden poles, and 11 concrete poles, and 11 fixtures of 100 W own and Country Lamps, and xxxxx fixtures of -Lumen Mercury Vapor Lamps for a total monthly rate of $74-03 excluding the cost of administering the district as set out below, or at a rate or rates as may be set by the properly constituted legal authorities who control, govern, and set the rates for the Florida Power Corporation for the services described herein. It is further understood by Orange County that the Florida Power Corporation may construct such street lighting equipment only in those portions of the municipal service unit described herein as may be necessary concurrent with the development of B 1 Section 10 and that the lightinwtriet herein will be operated only in such portions of the municipal service unit until such construction is completed in other portions of the mundeipal service unit; provided that if such construction is only to be in portions of such municipal service unit, a complete legal descrip- tion of the portion or portions developed be filed with the Clerk of the Board of County Commissioners, after presentation and ap- proval by the Board of County Commissioners; and provided, that should any land be developed in the future which is contiguous to the boundaries of the municipal service unit herein established for which street lighting is duly requested by the owners thereog, or should such street lighting be requested to be extended to con- tiguous previously developed land in accordance with the terms of this Resolution, such land and street lighting services may be in- cluded within the boundaries of the municipal service unit herein established by an appropriate amendatory Resolution.

2. Upon completion of construction of such street lighting equipment and the placement of such equipment into operation, the Board of County Commissioners shall determine the amount required in the current f isca 1 year to pay the expense of operating the street lighting equipment in the municipal service unit and shall deter- mine such amounts in each and every year thereafter for the follow- ing fiscal year Ocotber 1 thru September 30. One dollar ($1.00) for each lot or parcel of land shall be added by the Board of County Commissioners to cover the costs of administering the municipal service unit and the total amount so determined shall be specially assessed against the rea1,property of the freeholders in the municipal service unit as provided hereafter. Pending collec- tion by Orange County of such special assessments, as provided here- inafter, the County may spend from its general fund, such sums as may be necessary to operate and administer the municipal service unit hereby created and the County will be reimbursed to such ex- tent at such time as such assessments have been collected. The estimated annual cost of operating and administering such street lighting equipment is $1,182.96 , and the estimated annual charge to each individual freehold- 26.89 excluding Bav Point Development Co. . Proceeds of collection of such assessments as provided hereinafter are to be put into a special account by the County to the credit of the municipal service unit, and are to be used only by the district as provided herein.

February 13, 1979 Page 440 February 13, 1979 Page 441

3. Upon completion of construction of such street lighting equipment and the placement of such equipment into operation, and each and every year thereafter for the following fiscal year, a special assessment roll setting forth a description of each lot or parcel of land, including that owned by Bay Point Development CO. subject to the special assessments in the municipal service unit as provided herein. in- cluding homesteads, shall-be prepared by the Tax Assessor and de- livered to the Board of County Commissioners, which shall levy a special assessment upon the lands owned by Bay Point Development Company and such lots or parcels as may be owned by individual freeholders, according to the recorded plat Bay 10 ~mmk7 pamP 47 of Uctjnn pl ;I+ - --

such sums as shall be necessary to pay the estimated expense of the annual operation of such street lighting equipment and admin- istration of the municipal service unit provided that such sums shall be assessed against the real property of each indivddual freeholder on a pro rata basis, and not on an ad valorem bgsis, so that each freeholder shall, at all times, pay an equal ameunt towards such costs; provided, that should the municipal service unit established herein become operational after January 1 but before June 1 of this year, such assessment shall be made on a pro rata basis of such estimated expense for the remainder of the cal- endar year, and should the district become opgrational after May 31 of this year but before January 1 of the following year, no assess- ment shall be made for this year But the pro rata share of such estimated expense shall be added to the assessment for the follow- ing year. After such levy by the Board of County Commissioners, the Tax Assessor shall extend the assessment upon said roll and said roll shall be fully completed prior to the time said Board sits as a Board of Tax Adjustment, during which time such assess- ments may be protested, reviewed, equalized and adjusted to conform to the provisions herein. After adjournment as a Board of Tax Adjustment, said Board of County Commissioners shall certify said special tax assessments in the same manner and at the same time as the County tax roll is certified and delivered to the Tax Collector, and said special tax assessments shall be collected in the same manner as and shall have the same priority rights, discounts, and be subject to the same delinquent interest and penalties and be treated in all respects the same as County taxes. Said special tax assessments, when collected by the Tax Collector, shall be remitted to said Board, who shall deposit the same in such depos- itory as shall be designated by the Board who shall apply the-same to monthly bills rendered by the Florida Power Cor~mn From the proceeds of said special tax assessments, the Board of County Commissioners shall pay for having a special assessment tax roll made and extended bpt the Tax Collector shall not receive any compensation for his services in complying with provisions of resolution, provided that the Tax Collector's office shall receive the same fees and costs of sale as provided by law for the collec- tion of ad valorem taxes, advertising, sale of lands and issuance of certificates.

4. All unpaid special assessments levied in accordance with the prd- visions ofthisresolution shall become delinquent at such time as County ad valorem real property taxes become delinquent and shall bear the same delinquent interest penalties as County taxes and shall become a lien on the real property of the freeholder upon whom they were assessed which lien shall remain until they are paid. In the event such special assessments remain unpaid for a period of one (1) year, such real property shall be advertised in the same manner as delinquent County taxes and sold in the same manner as delinquent County tax lands are sold, and in all other respects, the provisions of General Law pertaining to the redemp- tion or purchase of County tax sales certificates and delinquent County tax lands, shall apply to such real prhparty.

5. The Board of County Commissioners shall be the governing board of said municipal service unit.

February 13, 1979 Page 441 Page 442 February 13, 1979 ,

Traffic Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and carried, Eng i neer the Board accepted the recommendations of the Public Works Director and approved

the following actions of the Traffic Engineer:

Replace the Yield sign on Balkan Street at Line Drive with a .

Install Stop sign on Majestic Oak Court at Sweetwater Country Club Drive.

M.S.T.U. - Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and carried, Street Lighting the Board accepted the recommendations of staff and authorized the setting of

a public hearing on April 10, 1979, at 2:15 p.m. to consider the establishment

of a special purpose lighting district for Briarcliff Subdivision Replat and

' on April 10, 1979, at 2:30 p.m. to consider the establishment of a special

purpose lighting district for Mount Plymouth Lakes.

Paymen t Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and carried,

ECFRPC the Board accepted the recommendations of staff and approved the 4th quarterly

payment to the East Central Florida Regional Planning Council in the amount of

Charge Account No. 01-3-27811-305-0-6 3-22020-305-0-1

Payment-Atty. Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and carried,

I Personnel the Board accepted the recommendations of staff and approved payment in the amount -;

Union Local of $8,115.29 to Young and Blue, Attorneys allah ah as see) for legal counsel and #517 expenditures in the matter of a decertification petition of Union Local #51?.

Charge Account No. 01-2-21011-334-0-5 2-20010-334-0-0

Defer red ' Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and carried, Compensation Adv i so ry the Board accepted the recommendations of staff and approved the minutes of Counc i 1 the February 5, 1979, Deferred Compensat ion Advi sory Counc i 1 , and authorized

payment of $550.00 to Louie R. Wood.

Release & Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and carried, lndemni ty Agreements the Board accepted the recommendations of staff and approved the following Release

CETA and Indemnity Agreements - CETA Program - and authorized the Chairman to sign same:

City of Ocoee City of Oakland Talent World of America, Inc. The City of Winter Park, Florida City of Apopka Central Florida Painters, J.A.T.C. Mary Lee Depugh Nursing Home Association, Inc.

February 13, 1979 Page 442 I i February 13, 1979 Page 443 L ,

Boat Dock Notice having been given that the Board would hold a public hearing at 2:40 p.m. Application ~~#78-61 to hear those for or against the application of Wade S. and Mary Cloaninger to Wade & Mary Cloaninger alter shore line and construct boathouse and dock on Lake Butler on the following ' I described property:

Lot 177, Metcalf Park Replat 4/18. That part shown on Plat Book H, Pages 59 and 60, Public Record of Orange County, Florida,

and the hour having arrived, the Chairman called the hearing to order. I

Deputy Clerk Mary Jo Hudson reported that the Engineering Department had

reviewed the subject application and had no objection to the proposed construc-

I tion. She reported that the Pollution Control Department had made the

/I following comments:

1: I 1. Minimize the removal of vegetation at the construction site to that needed ; for installation and access to the dock. 'I 2. If needed, suitable turbidity control measures should be employed to contain and resettle any sediments that may be resuspended.

3. Orange County water quality criteria for Class Ill A waters are to be maintained at all times.

4. Because the proposed boat dock covers less than 500 square feet in total 3 i area, a permit from the State Department of Environmental Regulation % is not required.

I Ms. Hudson reported that Mr. Amick of the Windermere Advisory Board had stated

1 that the dock was already under construction and he could not recommend that I 1. construction proceed any further into the lake. I

No one appeared in opposition, and the Chairman closed the hearing. I

Upon a motion by Commissioner Thomas, seconded by Commissioner Fischer and I

carried, the Board accepted the recommendat ions of staff and approved a permit 0

to alter shore line and construct a boathouse and dock on property described

above at Lake Butler for Wade S. & Mary K. Cloaninger with the fol lowing

stipulations:

1. Minimize the removal of vegetation at the construction site to that needed for installation and access to the dock. 2. If needed, suitable turbidity control measures should be employed to contain and resettle any sediments that may be resuspended.

3. Orange County water qua1 i ty criteria for Class I I I A waters are to be maintained at all times. I 4. Because the proposed boat dock covers less than 500 square feet in total area, ' a permit from the State Department of Environmental Regulation is not t,

required. I 3 5. Building permit must be obtained in addition to this permit. 6. As of February 13, 1979, construction of the boathouse and dock shall not continue any further into the lake.

I

j February 13, 1979 Page 443 i /I February 13, 1979 Page 444 I: i ! ii Surety It having been certified by the County Engineer that facilities in Bacchus I! i Certificate Gardens - Section Ill, have been completed in the form and manner acceptable 1: i of Comp 1 . i for future maintenance by Orange County, a motion was made by Commissioner Thomas, ii Bacchus I Gardens - seconded by Commissioner Chira and carried, accepting paving, drainage, water It Section Ill j f system, sewer system, street and traffic control signs in Bacchus Gardens - i

Section Ill, and further, maintenance bond in the amount of $12,850.00 from j

,I American Manufacturers Mutual Insurance Company was accepted and approved as 1 i surety guaranteeing the work for one year. In addition, the Board accepted a

I! check in the amount of $150.00 for street signs in Bacchus Gardens - Section Ill. ii /I I , Also accepted for file were the following: engineer certification, surveyor I,

certification and "as built" drawings. , I

This certification does not relieve the Developer of responsibility for structural if I fai lures that may be observed, or addi t ional design requi rements determined to

be necessary to satisfy the subdivision regulations within one (1) year from i '

date of approval by the Board of County Commissioners of this certificate. I ji

e j

Petitions Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and :' to Vacate /, j! carried, the Board accepted the recommendations of the Public Works Director I : 11 and authorized setting of the following public hearings: jf :i Petition to Vacate #78-35 on April 17, 1979,at 10:OO a.m. Petition to Vacate #78-37 on April 10, 1979, at 10:15 a.m. Petition to Vacate #79-2 on April 10, 1979, at 2:00 p.m.

M.S.T.U. - Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and 11 Roads I/ carried, the Board accepted the recommendations of the Public Works Director I II Carrington, Commerce Blvd, and authorized the setting of a public hearing on April 17, 1979, at 2:15 p.m. I! Demores t St. !I to consider the establ ishment of a M.S.T.U. to add Commerce Boulevard, Demorest ,$

Street and Carrington Drive to the County Road Bond Program. jj I I !! I, I !! Real Estate Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and carried, Appraisal the Board accepted the recommendations of the Public Works Director and approved Payment payment of appraised value for Right of Way required for the Sewer, Water and !; CD#77-29 - ;' SW Mai tland Paving Improvements proposed for the SW Maitland Area under CD#77-29 subject to

review by the County Attorney and Real Estate Department for the following: 8 1. Willie D. Hammond, Lot 1-2, Ford and Warren Subdivision in the amount of $225.00.

j / 2. James and Christina Barington - Parcel 97 in the amount of $225.00. it I!

j i February 13, 1979 Page 444 j j February 13, 1979 Page 445 j i

I Travel Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and Requests carried, the Board approved the following travel requests:

Health & Social Services: John F. McGarry, M. D., to Jacksonville, March 7-10, 1979, to attend the County Commissioners' 1979 Mid-Year Convention at a cost of $182.50.

I!

County Attorney: I J. Charles Gray to Jacksonville, Florida, and Washington, D. C., from March 7-13,[, 1979, to attend SACC convention and NACO 1979 Annual Legislative Conference

at a cost of $490. !, 'I

I Medical Examiner: I

I Dr. G. V. Ruiz to Dallas, Texas, April 8-13, 1979, to attend Advanced Forensic ;: Pathology V I l nst i tute at a cost of $1,070 (advance requested). I I I/ (8 Great Oaks Vi 1 lage: Larry A. Jones to Miami Beach, March 25-29, 1979, to attend the 6th National Conference on Juveni le Just ice at a cost of $420.46 (advance requested).

CETA : !I A1 ice Hampton to Atlanta, Georgia, February 21-23,1979, to attend YEDPA School 11 to Work Transition Conference at a cost of $163.50 (advance requested). j! r ! I 1 Charlie Gifford to St. Petersburg, February 19, 1979, to attend conference I 1 on Veterans Administration On the Job Training, at a cost of $42.40. /: t . Circuit Court: Stephen J. Allen and Michael Chandler to Orlando, to attend Leadership and Decision Making Workshop at a cost of $74 for Mr. Allen and $35 for Mr. Chandler on February 21, 1979. 1 i

Richard W. Hoehn and Ann Marie Giltner to Orlando, to attend Leadership and i i I Decision Making workshop at a cost of $35 each for registration. ii

i : CETA: i ' I ( Tom Farnsworth to Tampa, February 13-14, 1979, to attend work group meeting on ,% Program Modification at a cost of $80.80. :!

Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and

carried, the Board accepted the recommendation of the Public Works Director I

I

and approved the following travel requests: I!

Engineering: and Neal Hiler Lawrence Clark/to Orlando on February 16-17, 1979, to attend 1979 FlCE Engineering 1; Laboratories Forum Symposium on pavement design, construction and evaluation at

a cost of $50.00 (advance requested). ,I

Underground Utilities: Warren Brookins to Orlando on February 16-17, 1979, to attend 1979 FlCE ~n~ineerind; Laboratories Forum Symposium on pavement design, construction and evaulation at '1 a cost of $50.00 (advance requested) . !

' Upon a motion by Commissioner Fischer, seconded by Commissioner Mason and carried, ! the Board accepted the recommendations of staff and approved travel request for: 1 j Planning: Tim Wilson to Atlanta, Ga., on February 14-15, 1979, to attend the working level i' , noise seminar at a cost of $192.00. i f i b 1 I ' !

February 13, 1979 Page 445 '/ i i February 13, 1979 Page 446 ;I ii

Civic Center The Board accepted the appraisal of the Civic Center done by Irwin Appraisal & ij Appra i sa 1 Consulting Services, Inc., for file (on file in the office of the Clerk to the 1 Board of County Commissioners).

Surety Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and carried, j: i Washington the Board accepted the recommendat ions of the Pub1 ic Works Di rector and approved Street Side- i walk CD#78-21 a Certificate of Initial Acceptance with E & P Concrete Company for construction ;

of Washington Street Sidewalk, CD#78-21.

Contract Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and carried, Paymen t the Board accepted the recommendations of the Public Works Director and approved 30th Street & Nowell Ave. payment in the amount of $25,658.86 to Basic Asphalt and Construction Corp.

for paving and drainage on 30th Street and Nowell Avenue, Estimate #l.

Charge Account No. 3-00526-401-0-6 3-00531-401-0-6

Contract Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and carried, Payment the Board accepted the recommendations of the Public Works Director and approved Pine Hills Road & payment in the amount of $11,518.81 to Basic Asphalt and Construction Corporation C 1 a rcona-Ocoee In~ersection for improvements at Pine Hills Road and Clarcona-Ocoee Road ,Est.#l.

Charge Account No. 2-45046-401-0-3

Contract Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and carried, Payment the Board accepted the recommendat ions of the Publ ic Works Di rector and approved Pembrook Dr. payment in the amount of $66,314.43 to Basic Asphalt Construction Corp. for

Pembrook Drive Paving and Drainage (~stimateNo. 4).

Charge Account No. 3-00-71 5-401 -0-3

Contract Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and carried, '8 ! 9 Payment !j the Board accepted the recommendations of the Public Works Director and approved I' Ontario Ave. !

payment No. 4 in the amount of $39,044.49 to Basic Asphalt for paving and I

$4$1 drainage improvements, Area B, Ontario Avenue. I ,t Charge Account No. 3-00751-401-0-0 j I

L Cont ract Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and carried, : Paymen t - i Mendel in the Board accepted the recommendations of the Public Works Director and approved ii Estates 3i ' ii payment No. 4 in the amount of $59,725.57 to Basic Asphalt for Mendelin Estates. ,,

Charge Account No. 3-0071 6-40 1-0-3 !I( ;{

5 February 13, 1979 Page 446 'I February 13, 1979 Page 447

Bid Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and i

I I$ Paper Stock carried, the Board accepted the recommendations of staff and authorized

readvertisement for a term contract with six month renewal options for

Orange County's paper stock at an estimated annual dollar cost of $25,000.

8 Bid Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and ;I , Street Name carried, the Board accepted the recommendations of staff and authorized 8 c Posts advertisement for a six month supply of square street name sign posts at . 1

an est imated cost of $6,800. is

I j

Contract Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and $\ Award 1 carried, the Board accepted the recommendations of staff and awarded a contract 1 11 Barnett Park I for surfacing the road at Barnett Park to Hubbard Construction Company at I!, !> a cost of $9,280.00.

1: Contract , Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and :: Award carried, the Board accepted the recommendations of staff and awarded a contract 1' 1 1 Liquid Alum ,

Sul fate for liquid aluminum sulfate to Allied Chemical Corporation at $102.90 per ton j

a : at an annual dollar value of approximately $18,000.

+ i Contract : Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and Awa rd carried, the Board accepted the recommendations of staff and awarded a three I I Frozen Foods

month contract with renewal options up to 12 months for frozen foods to 11

a Plantation-Sysco at an estimated cost of $3,856.00.

Contract Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and Award i ! carried, the Board accepted the recommendations of staff and awarded a contract pi Corrugated I !! AluminumPipe for corrugated aluminum pipe, 6011diameter, to Gator Culver Company at $14,090.28,~

Contract Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and I Awa rd

carried, the Board accepted the recommendations of staff and awarded a contract fs 2 - 40 H.P. Tractors for two 40 H. P. tractors (a1 1 purpose) to Oviedo Tractor Company in the amount $,

February 13, 1979 ii 11 February 13, 1979 Page 448 / j I ! Bids Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and /I 1! Ii Staple Foods carried, the Board accepted the recommendations of staff and rejected a partial '1 !j bid for Orange County's staple foods and authorized staff to readvert ise : :! for a three month term contract with renewal options up to 12 months. [ j :i

I i 1; Risk Mgmt. Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and

Sel f carried, the Board accepted the recommendations of the Risk Management Committee 1 ' l nsurance 1 and approved payment for 47 claims in the amount of $8,535.00 for the claims I ! under the self insurance program week ending, February 12, 1979. 8

;3

if Risk Mgmt. Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and

Liabi 1 i ty carried, the Board accepted the recommendations of staff and approved payment /I Renewa 1 , in the amount of $634.00 to Physician Protective Trust Fund to pay renewal of !

Dr. Hall and Associates' professional liability renewal.

Charge Account No. 3-90001-330-0-7

Sewer & Water Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and I i !a Sand Lake Rd. carried, the Board accepted the recommendations of staff and authorized the i Plant ;I establishment of a petty cash fund in the amount of $25.00 at the Sand Lake il Petty Cash I! Road Plant subject to usual safe-keeping requirements and standard County !1 reimbursement procedures. It was noted that Robert Mendez would be responsible // f 1 for administrat ion of the fund. !: Ii 11 j I

Comptrol ler Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and 111 t: Rei mbursement i carried, the Board accepted the recommendations of staff and approved payment t in the amount of $61,810.24 to reimburse the Comptroller for budgeted expenses. i4 !1 I < Charge Accounts: 01-3-21060-102 - $3,060.31 O 1-3-2 1060-328 633.95 01 -3-21 060-341 56,535.58 o 1-3-2 1060-402 1 ,580.40

Civic Center Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and

Di rector carried, the Board accepted the recommendations of staff and approved payment Applicants in the amount of $106.03 to Kahler Plaza Inn and $559.00 to All-Ways Travel Travel Pymts. Service representing travel, lodging and subsistence incident to employment ;i II ia I interviews for position of Civic Center Director with Messrs. Frank Poe, Howel 1 E$ Freeman and Charles Hobgood. li1; Charge Account #53-2-66010-328-0-3 j February 13, 1979 Page 449

Property I Upon a motion by Commissioner Thomas, and carried by Commissioner Mason and Accounting carried, the Board accepted the recommendations of staff and authorized

disposition of the following equipment to the Orange County School Board

because they were either too old or too expensive to repair:

Typewriters No. Adding Machines No. 270050 150096 888596 982005 Calculators No. 180534

Validating Machine No. 190539

Bookkeeping Machine No. 150025

Portable Radios No. Copy Machine No. 885436 190549

Generator Testor No. 8871 18

Property Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and Accounting carried, the Board accepted the recommendations of staff and authorized the

disposition of chain saw No. 886406 which was reported stolen from a District

: One truck.

Property I Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and Accounting carried, the Board accepted the recommendations of staff and approved junking

/ of File Cabinet No. 190332 which was beyond repair.

I

Prope rty 1 Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and Accounting carried, the Board accepted the recommendations of staff and approved junking

I of couch No. 570998 from Great Oaks Village and further to be deleted from i

I active records.

Civic Center Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and I I: i Payment to carried, the Board accepted the recommendations of staff and approved payment i I Gel ler, I 1I! ,Ragans in the amount of $233.75 to Geller, Prague, Ragans & James, CPA's, for special i 1 & James :I consulting services rendered in connection with the Orange County Tourist I:t I Development Taxand Civic Center operations during themonthof October, 1978. /i Ei Charge Account No. 53-2-621 30-341-0-5 2-66010-341-0-6 !11i

February 13, 1979 Page 449 February 13, 1979 Page 450

2 :

He rndon Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and 5 Ambu 1 ance it carried, the Board accepted the recommendations of staff and approved payment Paymen t I< in the amount of $1 1,250.00 to Herndon Ambulance Service, Inc., covering service 'j !' to Orange County for the month of January, 1979.

Charge Account No. 01-3-51050-341-0-6 3-54010-341-0-9

8 Clerk of Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and *I

Circuit & ;I County Court carried, the Board accepted the recommendat ions of staff and approved payment il

Payment to the Clerk of the Circuit and County Courts as follows: t

i! $8,890.79 representing reimbursement for witness fees paid by the Clerk ii for the Board of County Commissioners during the month of January, 1979. Charge Account No. 01-2-21011-334-0-5 2-20010-334-0-0 la

$56,091.90 represents charges for filing and docket fees, court minutes II

Clerk per diem in court and miscel laneous actions performed by the Clerk. I Charge Account No. 01-3-23200-334-0-1 3- 170 10-334-0-4 !:

Boat Dock Upon a motion by Commissioner Thomas, seconded by Commissioner Fischer and Application carried, the Board accepted the recommendations of staff and approved the #79-7 setting of a public hearing on April 17, 1979, at 2:00 p.m. to consider a

boat dock application from M. F. & Patricia Riddick to build a boat dock #79-7

on Lake Sue.

Circuit Upon a motion by Commissioner Thomas, seconded by Commissioner Fischer and Court carried, the Board accepted the recommendations of staff and approved payment Jack R. Black Payment in the amount of $245.92 to Jack R. Black to pay the Order taxing costs in

1 ? the case Jack R. Black vs. Orange County. (I li Charge Account No. 01-2-21011-334-0-5 2-20010-334-0-0 1 : LI

1, Deve 1 ope r Upon a motion by Commissioner Thomas, seconded by Commissioner Fischer and li ;' Ag reemen ts carried, the Board accepted the recommendations of the Cornptrol ler and approved ii Republ i c I Service and payment in the amount of $5,312.81 to Republic Service Corporation and $2,292.13 Florida Rockwel 1 Corp. to Florida Rockwell Corporation to correct underpayment made to them for the

period April, 1978, through December, 1978, for connection fees under developer ,:

agreements; and the Board also authorized monthly payments in the future for

payments under developer agreements. ;* i i

C ETA Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and carried, 1: I the Board accepted the recommendations of staff and changed the name of the 11 I ! CETA Office to the Orange County-Orlando Training and Employment Office. ij ii 1: February 13, 1979 Page 450 I i _ ------I_A__ jl__-lI_---l------_-__ ._--I*- -.--" .- --ll-T. "- -I _ -- - -^ -- "------February 13, 1979

Budget Upon a motion by Commissioner Fischer, seconded by Commissioner Thomas and t,$ Transfer 1: carried, the Board accepted the recommendations of the Comptroller and I

approved Budget Transfer No. 790-089 as follows:

FROM: 13-3-23368-305-0-6 Payments to other Govt. Agencies $ 1,000.00 ,gi 3 00730 305 0 1 Spouse Abuse 1: 1 [[ Pymts. to Other Govt. Agencies 13.82 ,, Community Service Trust Fund 1: i Pymts. to other Govt. Agencies 1,450.00 jl EPA Sanitary Landfill ,

a TO: 13 6 91020 305 0 7 Tempora ry Loans 2,463.82 I! 6 00672 305 0 2 11

Budget Upon a motion by Commissioner Fischer, seconded by Commissioner Thomas and it Amendmen t il carried, the Board accepted the recommendations of the Comptrol ler and approved tj I! Budget Amendment #31 as follows: ;E I! j ! REVENUES: I Thee Door - T.A.S.C. Tota 1 Revenues

b I DISBURSEMENTS: 11 I THEE Door - T.A.S.C. Total Disbursements

I 33rd Street The Board accepted a letter from the Department of Offender Rehabilitation for i : Correctional E Center file showing Certification of Compliance with Chapter 33-8, Rules for County I I and Municipal Detention Facilities so the Sheriff could begin use of the 33rd I

Street Correctional Center to detain prisoners. I;

Commi t tee Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and carried, I: Appoi ntment 1, I the Board appointed Mr. Bob Ogilvie to the Solid Waste Environmental Protection Solid Waste Env i ron. a Advisory Board with term to expire December 31, 1979. Prot. Adv.Bd.

I The Board established the following terms for the Advisory Board: Jack Hale - one year ! Gene Co 1 1 ey - one year Harry Huzenga - two years Andy Crawford - one year Ted Maslanik - two years

Resolution Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and carried,

REMSCO the Board accepted the recommendations of staff and adopted the following: !!

February 13, 1979 February 13, 1979 Page 452 ii

RESOLUTION :I WHEREAS, East Central Florida Regional Emergency Medical Services Council I! 11 serves the six-county area of Brevard, Lake, Orange, Osceola, Seminole and , I Volusia; and I WHEREAS, East Central Florida Regional Emergency Medical Services Council t is recognized by the legal governing body of this county as the Emergency Medical Services Council for this region; and WHEREAS, East Central Florida Regional Emergency Medical Services Council is implementing a Basic Life Support System under the guidelines of Public Law 94-573, and is now applying for a grant under Sec. 1202 (b) of the EMSS Act to study the feasibility and to plan for an Advance Life Support System for this region; and WHEREAS, a Basic Life Support System is being implemented in this county as an integral part of the regional EMS system in East Central Florida, and WHEREAS, the Orange County Commission this year is supporting emergency medical services at the rate of $276,964. NOW, THEREFORE, BE IT RESOLVED that the Orange County Commission endorses

the grant application which East Central Florida Regional Emergency Medical I/

Services Council is submitting to DHEW for the study and planning of an Advance I !;

Life Support System for East Central Florida, and we pledge our cooperation to I' ? the implementation of this project. ii' 1 BE IT FURTHER RESOLVED that while local budget process prohibits committing i; I ! funds for more than one budget year at a time, the Orange County Commission I: is committed to work toward supporting the East Central Florida Regional EMS

system at the same level - or greater, if funds permit - over the next three I Ii years . ;: ;I

Industrial Upon a motion by Commissioner Fischer, seconded by Commissioner Mason and Development it Commission of carried, the Board accepted the recommendations of staff and approved an t Mid-Florida, II I nc. amendment to the agreement with Industrial Development Commission of Mid- i'

r j Agreement Florida, Inc., which was approved January 9, 1979, and further authorized the Amendment I

Chairman to sign same. Said amendment would call for monthly payments of ;i i ti 11 $10,000 up to the total of $100,000 based on appropriate invoice.

Personnel Personnel Director Bob Baker informed the Board that both the state legislature 6 , Risk and congress had passed bills expanding group insurance coverages for female i ' Management I employees and employees' dependents who become pregnant. Mr. Baker estimated ;I1 j the cost to the county at 5% to 10% of the present cost which ran between $27,000 I! j i and $55,000. The Risk Management Committee had reviewed the mandated requirements ;t I 14 and was recommending expanding the coverage but was not recommending coverage : :

for voluntary abortion.

February 13, 1979 Page 452 February 13, 1979 Page 453

Upon a motion by Commissioner Chira, seconded by Commissioner Thomas and

carried, the Board accepted the recommendations of the Risk Mangement Committee

and expanded group insurance coverages for female employees and employees'

dependents who became pregnant, to become effective April 29, 1979, with the

following changes:

1. The pregnancy need not commence while the insurance is in force. 2. Instead of a flat amount of $400 or $800 for delivery, the benefits must be the same as for any other illness that requires hospitalization. 3. Maternity coverage is provided for employees, regardless of whether they have single or family coverage. 4. Maternity coverage is provided for all dependent females under family coverage, for both the spouse and dependent female children. 5. Coverage for abortions, where the life of the expectant mother is endangered by the pregnancy. 6. Complications arising from an abortion are covered.

Contract Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and carried, Paymen t the Board accepted the recommendations of the Public Works Director and approved Sandpiper & Ustler payment No. 4 to Basic Asphalt and Construction Corporation in the amount of Paving & Drainage $34,529.76 for Sandpiper and Ustler Paving and Drainage Improvements.

Charge Account No. 3-0071 1-401 -0-4

11 Contract Upon a motion by Commissioner Thomas, seconded by Commissioner Chira and carried, 1: Payment 'I the Board accepted the recommendations of the Public Works Director and approved Woodsme re // Pump i ng payment NO. 2 to W. E. D. Contractors, Inc., in the amount of $73,021.50 for Stat ion l mp rovemen t s Woodsmere Pumping Stat ion I mprovements.

Charge Account No. 01-2-41035-401-0-0

Resolution Upon a motion by Commissioner Chira, seconded by Commissioner Thomas and carried,

U.C.F. the Board adopted the following: Footbal 1 RESOLUTION

WHEREAS, the University of Central Florida has made known its wishes to begin to build an intercollegiate football program; and WHEREAS, the University of Central Florida wishes to build this football program into one of national prominence; and WHEREAS, the Board of County Commissioners feels that this is a worthwhile endeavor, and one which will be of great benefit to the Tangerine Bowl, the citizens of Orange County; and the State of Florida; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Orange County, Florida, that: Section 1. The county pledges its support for the development of a strong intercollegiate football program at the University of Central Florida. Section 2. All citizens, including local governments, businesses, civic

February 13, 1979 Page 453 February 13, 1979 Page 454

groups, and community leaders, are urged to lend thei r efforts to the University in furthering the proposed intercollegiate football activities.

Board of Mr. Joe Carlisle, Architect, 500 East South Street, Orlando, Florida, told the Zoning Adj. Board they were building a branch of the Land Mark Bank at the Pine Hills Shopping Land Mark Bank at Center. He requested a variance from the setback from Highway 50 from 150' to Pine Hills Shopping 140' because it would cause the north drive-through teller lane to encroach too Center closely to the road and cause a problem with traffic visibility when exiting.

They were ready to sign a construct ion contract, but the contractor could not

hold his price for the 60 days necessary to have a hearing before the Board of

Zoning Adjustment.

Later in the day, Zoning Director James Smart told the Board that the variance

would seem logical and would improve the traffic safety, but he couldnot predict

what other problems might come out at a public hearing.

County Administrator James Harris stated he was concerned that if approved the

Board might be setting a bad precedent for other problems with development. The

County was in a period of intense construction, and he felt it might create a

situation where developers would sidestep staff and bring up situations during

the Board's discussion period. The developers knew what their responsibilities

were in advance.

Planning and Development Director Martin Kreidt pointed out that the problem could

be solved with the shopping center owners by simply moving the undedicated road

to allow better access.

Commissioner Thomas made a motion to approve a temporary variance in the interest

of safety. The motion died for lack of a second.

Upon a motion by Commissioner Fischer, seconded by Commissioner Mason and carried,

the Board accepted the recommendations of staff and approved advertisement noti-

fying the public of the ANCLUC Study and the interim policy of the Board pending

completion of the study. After a brief discussion, the Board authorized the

Chairman to sign a modified version of a letter to the Orlando Aviation

Authority regarding the ANCLUC Study.

Prel iminary Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and carried, Plan the Board accepted the recommendations of staff and approved changing the name Bay Cove Estates to of Bay Cove Estates subdivision to Clubhouse Estates which was a condition of Clubhouse Est. approval of the prel iminary subdivision plan. February 13, 1979 Page 454

,- ,------.--- February 13, 1979 Page 455 /8' i i*/ Orlo Vista Upon a motion by Commissioner Fischer, seconded by Commissioner Thomas and r Park / Acquisition carried, the Board accepted the recommendations of staff and approved the I I i 1: purchase of Lots 46 and 47, Avondale Addition, from Allan K. Hill in the amount 1/ I j of $1,200.00 for the Orlo Vista Park and authorized the Chairman to sign the I

sales contract.

Charge Account No. 01-2-61020-403-0-3

Replat Upon a motion by Commissioner Mason, seconded by Commissioner Thomas and carried, Ii li Lynnwood the Board accepted the recommendations of staff and approved the recording of I Estates IJ a replat of Block "C" - Lynnwood Estates, 1st Addition Mobile Home Subdivision. / / 1: 1 l I/I Resol ution Upon a motion by Commissioner Arthur, seconded by Commissioner Chira and carried, // I/ Bill Berry the Board adopted the following: (i

! RESOLUTION j j ( ! WHEREAS, James L. "Bill" Berry came to Orlando over thirty years ago and i began a long career of service to the people of this community through his I/ work in the news media and in civic endeavors; and /I 11 WHEREAS, "Bi 11" Berry has endeared himsel f to the citizens of Orange County I because of his quiet and unassuming manner, his gentle sense of humor, and I l his ability of bringing the best out of others; and 1; WHEREAS, "Bill"Berry, during hismanyyearswith thenewsmedia, has inter- ;g viewed hundreds of people from all walks of life and has spotlighted the good I works and public services of the citizens in Orange County, and has become t ! !I known to many as the Eyes, and Ears, and Voice of Central Florida; and 1' WHEREAS, Orange County has been deeply saddened by the loss of "Bill" /j ji Berry, one of its finest citizens; I, Ij NOW, THEREFORE, the Board of County Commissioners, on behalf of the people I ' i of Orange County, Florida, resolves: :1' I THAT THlS MEMORIAL RESOLUTION BE SET FORTH IN THE PUBLIC RECORDS OF I !! ORANGE COLINTY IN DEEP APPRECIATION OF THE UNSELFISH CONTRI BUT1 ONS 11: / fj THAT JAMES L. "BILL" BERRY HAS MADE TO PRESERVE THE QUALITY OF LIFE I I I FOR ALL WHO LIVE IN THlS COMMUNITY. THAT THlS RESOLUTION BE GIVEN TO HIS FAMILY, AND MADE KNOWN TO THE CITIZENS OF ORANGE COUNTY, AS A TRIBUTE TO JAMES L. "BILL" BERRY FOR HIS Ll FELONG DEDl CATION OF SERVICE TO OTHERS. I I I' Sewer & Water Upon a motion by Commissioner Thomas, seconded by Commissioner Fischer and I] I! Hidden Spgs. carried, the Board accepted the recommendations of staff and approved negotiations & Oak Meadows with Howard Needles, Tammen, and Bergendoff for engineering services in the Treatment Plant amount of $51,600 for improvements to the Hidden Springs and Oak Meadows Treatment

Plants.

February 13, 1979 February 13, 1979 Page 456

I I Sol id Waste Mr. Bob Davis of the Solid Waste Department told the Board they were requesting emergency repair of a grader with a 23 cubic yard scraper pan which was presently I at the DeWind Company in Tampa, Florida. He stated that on January 4th, while 11!/ being operated, the oil pressure dropped, and they discovered a lock washer

had been ingested into the engine. Unfortunately, the fail safe which was 1/ j supposed to automatically stop the engine had failed to work. He stated there 1; were three possible times the washer could have been left in the engine: I/ 1. when the machine was manufactured, /I /1 2. when DeWind had worked on the machine to repair a water leak, /I 3. or when County personnel had pulled the head gasket. / 11 The oil pump had a protective screen, however, the lock washer was located over I/

the screen, and it chaffed through. The machine was one year old and had 70 hours /I

on it. DeWind claimed that if they had dropped the washer in the engine it 11 li would have gone through the screen sooner. Mr. Davis said they had investigated I the tackiness of the screen versus the washer chaffing through, and they felt 1 i

it could have gone through 150 hours. At the present time, however, they needed I!1 /I the machine, so he requested emergency requisition in the amount of $8,863.97 11 11 and asked the Board to authorize payment with the contingency that the County 1 1 be satisified in regard to degreeof liability. The fail safe had not worked I which meant some kind of liability on DeCJind's part. An arbitrator would have I

to be called into the situation. It was his position that the most the County /j

should have to pay would be 1/3 of the cost of repair. Iit1 Upon a motion by Commissioner Fischer, seconded by Commissioner Mason and 1: carried, the Board approved emergency requisition in the amount of $8,863.97 1 I I/ and authorized payment with the stipulation that the County be satisified in /1, / regard to degree of liability. 1:I

Plat It was pointed out to the Board that since the preliminary approval of Gatlin

Gatlin Grove Grove it had been discovered that the subdivision would be located within the

35 to 40 NEF noise contours of the Orlando International Airport. Mr. Rossi NEF Noise Contours was present and told the Board the subdivision had been approved last summer

and 80% of the lots had a1 ready been sold.

Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and carried,

the Board accepted the plat of Gatlin Grove for recording and the supporting

documents including an Irrevocable Letter of Credit from Pan American Bank of

Orlando in the amount of $75,000.00; and the Board authorized the Clerk of the

I February 13, 1979 Page 456 I/ Ii February 13, 1979 Page 457

Real Estate Department to record same;and the Board authorized the Chai rman

to sign said plat.

Petition to A representative of Seville Place Apartments told the Board they had placed some Vacate guard rail posts to stop malicious damage to their property. Later they discovered Sevi 1 le Place Apartments that they had been placed on County property. Because of the liability of the

County, the Engineering Department had told them the posts would have to be

removed. !I Upon a motion by Commissioner Fischer, seconded by Commissioner Mason and carried, 1 / j the Board authorized the setting of a public hearing to consider vacation of /II the property and requested the Pub1 i c Works Di rector to come back to the Board /j I with an interim solution. / /I I // li i' Comm i t t ee Upon a motion by Commissioner Thomas, seconded by Commissioner Chi ra and carried, I/ the Board appointed Mr. W. R. Maclntyre to the 911 Advisory Board. 911 Advisory Boa rd Upon a motion by Commissioner Fischer, seconded by Commissioner Chira and

I carried, the Board appointed Bob Fuller of the Sheriff's Department, Tom Collins and 1 Chief Raymond Beary of Winter Park to the 911 Advisory Board. !: 1 I Upon a motion by Commissioner Arthur, seconded by Commissioner Chira and carried, i

the Board appointed Chief Robert lllyes of the Orange County Board of Fire

Commissioners to the 91 1 Advisory Board.

I ; Plumbing Upon a motion by Commissioner Fischer, seconded by Commissioner Mason and carried, 11 Adv i so ry Board / i the Board appointed J im Tharp, 2671 Mercy Drive, Orlando, to the Orange County 1: Commi ttee I/ Plumbing Advisory Board. 9

idl i

Commi t tee Upon a motion by Commissioner Fischer, seconded by Commissioner Chira and carried, 1 I the Board appointed Mrs. Harold Ward, 2150 Fawsett Road, Winter Park, Florida 32789,1/ Cultural / / Mr. C. & Adv i so ry Board and Robert Bowen of First Federal Savings Loan Association to the I i i Cultural Advisory Board. / /

1:I; i Commi t tee Upon a motion by Commissioner Chira, seconded by Commissioner Fischer and carried, i !I ii the Board accepted the resignation of Dr. Will iam F. Eckbert, Jr., with regrets District Mental Health from the District Mental Health Board; and the Board appointed Dr. Martin Lazoritz, Board 1400 South Orlando Avenue, Winter Park, Florida, as his replacement. 1 : I/

February 13, 1979 February 13, 1979

Civic The Board accepted the resignation of Steven W. High with regrets from the Civic Facil ities 11 Authority Faci 1 ities Authority. 11/I

I! Commi ttee Upon a motion by Commissioner Chira, seconded by Commissioner Thomas and carried, 11

EMS the Board appointed Mr. Michael D. Means to the EMS Council.

Committee - Sr. Commissioner Mason confirmed that Louis Knoll would be the alternate for District Citizens Adv. Board 4 representative on the Senior Citizens Advisory Board. /;L Miscellaneous Upon a motion by Commissioner Mason, seconded by Commissioner Fischer and carried, I! the Board authorized a one time grading of the Conway Little League field. I/ Ij 1 1

/Ij t Is Cultural Commissioner Chira pointed out that the Cultural Advisory Board's minutes had asked Advi sory Board

and the Civic/Convention Center in terms of art pieces within them. Commissioner /Ii I! Chira so moved, and the motion was seconded by Commissioner Fischer. I I! j : Commissioner Arthur pointed out that the architects had a1 ready been notified

and anything more at the present time would be premature.

The motion failed with Commissioner Arthur, Thomas and Mason voting "No."

Managemen t Upon a motion by Commissioner Fischer, seconded by Commissioner Thomas and carried, Aud i t the Board authorized a management audit of the permitting processes in both Permi tting Processes of the Building Department and the Public Works Department. 1! Bldg. Dept. G Publ ic Works Commissioner Arthur commented that it would not be wise to become overloaded

with recommendations that could not be implemented. I I Highway Commissioner Fischer stated that there had been two audits of the Highway II Depa rtmen t Department and both had recommended a consolidation of the District garages to

four rather than five. He said he could agree with even a centralized location

of one garage as long as the Commissioners would have access to it. Even with j !I four garages itwould havetobesetupsothat any of the Commissioners could call 1; any of the garages. i1 Publ ic Works Director Tom Hastings commented that a central ized yard for storage rI of supplies would save money. 1: County Administrator James Harris said that the district garages were not set up I I for pub1 ic works functions.

I February 13, 1979 Page 458 February 13, 1979 Page 459

Commiss ioner Chi ra asked staff to bring thei r recommendat ions to the Board

within 30 days.

Comptrol ler Upon a motion by Commissioner Fischer, seconded by Commissioner Chira and carried, iRecord i ng the Board accepted the recommendations of the Comptroller and authorized Minutes electronic recording of one meeting of the Board to test the reliability of

I the equipment. Commissioner Thomas voted "No." //r I

Personnel Commissioner Fischer commented that the Civic Center and the Union Decertification

Administrator had placed an extraordinary work load on County Administrator Harris and Assist-

ant County Administrator Sewell. He suggested that more personnel be added in

the Administrator's Office who were experts in the fields of finance, budgeting,

labor relations, etc., so Mr. Harris and Mr. Sewell could delegate some of the

/ load they had been carrying. 11 l i Commissioner Chira suggested that Mr. Harris present two or three different II!/ levels of service to the Board and then let the Board pick the level of services !i !I that were desired. f . i,

1. Civic Center Upon a motion by Commissioner Chira, seconded by Commissioner Fischer and carried, 11 Director's the Board authorized exploring the possibility of having the Civic Center Director' Office office housed at the Chamber of Commerce until such time as the Center was I constructed. Commi ss ioner Thomas voted "No." /I

iI / i! County Administrator James Harris told the Board that the Tourist Development 11 I ll Chamber of Council had recommended that promotion of the Civic Center be handled through a Comme r ce I I I Contract for contract with the Greater Orlando Chamber of Commerce who would establish an Promot ions ;I ! autonomous wing of the Chamber organization. The wing would consist of a 1 i'If I convention committee who would select members to a Board of Directors. Mr. Harris li f i stated there was a difference of opinion between the Chamber of Commerce and the 1' l i Ij Orlando Tourist Trade Association as to the size of the Board of Directors. The I / 11 Chamber suggested a nine member board to consist of the following: l! 4 - Hospitality Industries (~otel-~otel) 3 - Chamber of Commerce 1 - Orange County 1 - Municipalities 1; II OATTA and the TDC recommended an 11 member board with the difference being six 11

representatives from the hospitality industries rather than four.

February 13, 1979 Page 459 February 13, 1979 Page 460

I Commissioner Fischer said that since the Promotions Committee would be an

autonomous wing of the Chamber a nine member Board of Directors would be

sufficient. He suggested that another category be established for a non-member

affiliate who would be non-voting and would not be a member of the Chamber nor

on the Promotions Committee Board of Directors but who could affiliate with

the Promotions Committee.

Commissioner Chira stated he wanted it clearly understood that the Board of County

Commissioners would have to approve any changes in the by-laws or any changes in

procedures that would affect the Committee. Commissioner Chira also pointed out

that there was a real concern about lack of citizen participation on the

Committee. The Committee was structured heavily towards those industries that

would benefit from the Center but the Center was for the community as a whole

so there should be a balance of participation. He suggested expanding the group

to 11 members with two members to be appointed by the Board of County Commissioners

Commissioner Mason stated he was concerned that the promotions groups not control

or handicap the Director in any way or form.

1 Commissioner Fischer said he envisioned there being a director of operations

of the Center who would report to Jim Harris and a director of promotions who

would report to the Convention Committee. They would have two parallel directors

with separate responsibilities.

TDC Attorney Gordon Harris said that the Board of County Commissioners would be

entering into a contract with the Chamber of Commerce for the promotion of the

Center. Contractually, it would require that the Board be notified of any

changes in the Chamber of Commerce. He stated they would be very careful in their

definitions. If it was not working, the County would step out of the contract.

The County was not contracting away the control of the Civic Center.

Commissioner Fischer stated the County was contracting with the Chamber to provide

a service. Since they would be held responsible for doing the job, he felt a

nine member committee would be sufficiently representative of the industry. He

suggested giving them the equipment to do the job but not ladening them with

appointments from the Board of County Comnissioners that might impede their

progress.

Commissioner Chira commented that the tourist tax was not to be used solely for

tourist development. There should be a community interest in the center. In

the other centers the Commissioners had visited around the nation,there had been

a continuous conflict about what type of events would be taking place; because

February 13, 1979 Page 460 ------February 13, 1979 Page 461

( events that entertained the local citizens did not fill the motel rooms. He ! j stated he felt there should be some lay citizens on the Committee to give i I I balance to the Board. I I / Commissioner Fischer said the Promotions Committee was a very task specific i committee. Promotions were going to be quite an enterprise and a certain amount 1 of expertise would be necessary. A lay member on the committee would not address i j I that need--particularly when the County would be contracting with them to provide I Ii a service. 1 Commissioner Chira said that the Promotions Committee needed input from the I I people who were asked to vote for the Center. The members would only be in a

I secondary position,and he considered having that little input to be a token I I activity by the Board of Commissioners.

In response to a question from Commissioner Chira, Mr. Bob Blackford of the

Chamber of Commerce said they had proposed a nine member board so no one interest

would have an overwhelming vote. They also felt they had satisfied the tourist

industries by giving them a major vote on the job. The overall makeup of the

Board of Directors and how it was balanced would be extremely important,and they

felt nine members would be a manageable membership. He stated he did not believe

an eleven member board would be approved by the Chamber. He stated it should be

understood that it was up to them to carry out the contract,and the contract

would mean spending funds that the Chamber would have to get from their members.

Commissioner Fischer commented that the Chamber would be allocating $200,000

and the Committee would be raising money on its own. They would be making the

executive decisions on how that money would be spent and they did not want to

lose that executive authority. He noted the Chamber had given up much ground and

he was convinced they would not accept an eleven member board. It would be

antithetical to the entire concept.

In response to a question from Commissioner Thomas, Mr. Harris stated that the

County was not allocating any funds to the Chamber of Commerce from the current

budget.

Mr. Gene Hassett of the Tourist Development Council and OATTA said he was in

favor of an eleven member board. He felt that since the Center would affect

the hotel industries they should be given ample representation.

February 13, 1979 Page 461 February 13, 1979 Page 462

Commissioner Mason commented that if the advertising failed the time could not

be made up. He said he was concerned that the job of advertising the Center be

done as soon as possible, and he questioned the ability of the two groups to

work together.

Commissioner Thomas made a motion that the recommendations of the Tourist

Development Council be approved establishing a contract with the Greater Orlando

Chamber of Commerce to handle promotions of the Civic Center and establishing

an eleven member Board of Directors of the Promotions Committee. The motion

was seconded by Commissioner Mason.

Commissioner Fischer made an amending motion to establish a ten member board

consisting of the following representatives:

4 - Hospitality Industries (2 - Hotel, Motel 2 - Allied Industries) 3 - Chamber of Commerce 2 - Board of County Commissioners' Appointees 1 - Municipalities - League of Cities.

The appointees from the Board of County Commissioners and the Municipalities

would not be required to be members of the Greater Orlando Chamber of Commerce.

The motion was seconded by Commissioner Chira and carried with Commissioners

Thomas and Mason voting "No."

Commissioner Fischer made a motion to create a provision for a non-member

affiliate of the Promotions Committee who dould be non-voting and would not be

a member of the Board of Directors. The motion also required the Chamber of

i Commerce to submit any amendment of its by-laws to the Board of County Commission Ii I I for approval. The motion was seconded by Commissioner Chira and carried with I 1 Commissioners Thomas and Mason voting "No."

I The original motion as amended carried unanimously. 7 Civic Center Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and carried,

Laventhol & 1 the Board accepted the recommendations of the Operations Subcommittee of the TDC Horwath Study ' and approved a contract with Laventhol and Horwath for a five year projection

of TDC tax revenues and a five year proforma on operating expenses and revenues

I j of the Civic Center, said study to cost an estimated $29,000 plus out-of-pocket I Director expenses ; and the Board further accepted for f i 1 e the recommendat ions from the I i Operations Subcommittee that Mr. Frank Poe be selected as the new director of 1 the Civic Center. I

I February 13, 1979 Page 462 i February 13, 1979 Page 463 !i

Sewer & Water Mr. William R. Johnson, P. E., Manager of the Sewer and Water Department gave the I/ $1It Board a status report of the Sand Lake Road Wastewater Treatment Plant. 1 : il

In response to a question from Commissioner Arthur, Public Works Director Tom i ! I! I' Hastings said that the present time would be a good point to move Bowyer-Singleton :; 11 into handling the system rather than VTN who had originally designed it. ] 1 !1 !i Commissioner Fischer suggested having a general preview at the Sand Lake Road ii I! i: Plant to show the general public some of the restraints and conditions that / 1 had been imposed by the EPA. 1 /I

Ordinance Commissioner Fischer commented that the County had spent almost $2,000 authorizing 1 111 + !i Top 1 ess Dr. Bartley to explore different means of controlling topless bars. As had been

discussed in the February 8, 1979, workshop session, the topless ordinance had

proven to be ineffective and,in fact, spawned other activities--booths, etc., 11

along with free advertising for the different establishments. Commissioner I e

Fischer stated it seemed that the concern was the visibility on the outside of

the establishments. He suggested that the Board ask the County Attorney, I!

i! Sheriff's Attorney, State Attorney, and the bar owners' attorney to glean through

Dr. Bartley's suggestions and bring backanordinanceorordinances to solve the ji

problem.

Richard Wilson, Attorney at Law, stated he represented a number of bar owners who

would like to put an end to the raids. He referred to the proposal he had

presented at the meeting of February 8th and stated that some of those ideas

had not been tested in the courts. They were alternatives, and if they did not

work, no one would be hurt. It would include zoning similar to the Jacksonville

Scheme and would limit the location and distance between each of the bars. Also,

only so many would be allowed per capita. It would also provide input from the

County Commissioners to the bar owners. His proposed ordinance was a rather

sweeping approach and in time it could be determined how much of it could be used.

Sheriff's Attorney Hal Uhrig stated that they were spending a lot of money trying

to enforce the present ordinance without much success. He pointed out that it

was up to the Board to determine what they wanted prohibited. At present, the

juries were not convicting on the cases that were being brought to court. He

stated it would be more feasible to try to prevent bottomless dancing. The

complaints that the Sheriff's Department received dealt with what people saw as

February 13, 1979 February 13, 1979 Page 464 they were driving down the street. It would be even less expensive to do away with the entire ordinance.

Assistant County Attorney Jim Page concurred that the juries were not convicting girls because of the topless dancing. With bottomless dancing they would have a much higher chance of obtaining conviction. He referred to the case of Young versus the Mini Theater-wherein the bar owners established that there was a need in the community and the zoning was set in such a way that no new bars could be opened. Judge Milton in Jacksonville had ruled the zoning unconstitutional because continuing access to the market had to be provided. Mr. Page stated he very strongly felt that Mr. Wilson's proposal would be ruled unconstitutional.

In response to a question from Commissioner Arthur, Mr. Page said that an ordinance directed towards the signs of bars and not to the rest of the community would not hold up in court.

Mr. Uhrig pointed out that the question had been asked if the changes proposed by the State Attorney and himself would solve the problem. Mr. Uhrig stated that if the problem was defined as having a certain kind of activity--no, the changes would not stop it. The proposed changes would simply mean that if someone was caught in the act the Sheriff's Department would be able to get them into the court room.

Joerg Jaeger of the State Attorney's Office pointed out that another issue was the problem of making an activity illegal that was legal one block away because it was located in a municipality. He stated they were getting very few cases from the Sheriff's Department because of the number of bars and the shortage of manpower. The proposal from the Sheriff would at least limit those bars which needed to be policed.

Commissioner Chira pointed out that some type of law was needed on the books during the interum period,so the bar owners would know there were limitations.

Mr. David Bartholomew, a bar owner, pointed out that the last ordinance had proved to be ineffective. Passing another ordinance and another fight would only mean spending more of the tax payers' dollars. The problems which caused the calls were the girls on the street and the signs with the word nudity on them. Mr. Bartholomew asked if either the Sheriff's Office or the Commissioners were receiving calls now that the girls were no longer on the streets trying to entice customers into their establishments. Mr. Uhrig and the Board confirmed

February 13, 1979 Page 464 1

February 13, 1979 Page 465

1

that the calls from irate citizens were almost nil. Mr. Bartholomew stated !

i that obviously the visibility was the main problem that upset the citizens. I I 1 1 The offensive activities by some of the bar owners had been stopped. He stated s8 4 ' that most of the bar owners tried to keep their establishments low key but

1: 1 j that was not true for a1 1 of them. He agreed with the suggestion of appointing 1, I a comittee so they could come up with an agreement that would not waste a lot i6 I j of money. I i I

' Commissioner Fischer commented that the ordinance had taken the visibility

factor away, but he said he doubted if it had stopped 10% of the prostitution ! j! !i activities in the County. He said the Board needed to address themselves to a XI ? l :i better proposal that would take away the visibility of an activ!ty that wocld !

exi st anyway.

Ad Hoc Upon a motion by Commissioner Fischer, seconded by Commissioner Arthur and !II Commi ttee i on Adult carried, the Board established an Ad Hoc Committee on Adult Entertainment to i: Entertainment '1 include the County Attorney, State Attorney, Sheriff's Attorney, the bar owners' ;1 i il attorney and five representatives from the community. The committee would be :I I! asked to explore the entire matter including Dr. Bartley's material and would I! /i s! include a poll of a target population regarding the attitudes of the people in 11 j i II Orange County; and the Board further instructed that the committee would come Ii 4 Il back to the Board in a reasonable time frame with some recommendations. II ii !'

Resolution Upon a motion by Commissioner Mason, seconded by Commissioner Fischer and

Little carried, the Board adopted the following: League RESOLUTION il ij WHEREAS, THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY finds that I providing the Azalea Little League baseball activities in Orange County is a i1

valid County purpose under the laws of Florida,and i WHEREAS, the Azalea Little League performs such services in the course ll i of its activities and operations; and

WHEREAS the County desires to provide the Azalea Little League with compen- I I I sation in kind for the valuable programs which it conducts, 11

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 1

ORANGE COUNTY, FLORl DA 1 t 1. Board of County Commissioners finds Azalea Little League performs such a !I I $ valid County function and purpose in its Little League programs. If 2. Board of County Commissioners finds that the interests of Orange County II ;! are served by providing that Little League compensation in kind for the

valuable services it renders. t

February 13, 1979 -- it :!1 February 13, 1979 Page 466 ! 14

$

3. Board of County Commissioners shall, therefore, provide 20 yards of :i clay in return for the Azalea Little League programs conducted by the Azalea Little League.

Resolution Upon a notion by Commissioner Mason, seconded by Commissioner Fischer and carried;: i Little the Board adopted the following: League RESOLUTION

WHEREAS, THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY finds that providing Pine Hills Little League baseball activities in Orange County is a valid County purpose under the laws of Florida, and WHEREAS the Pine Hills Little League performs such services in the course of its activities and operations; and WHEREAS, the County desires to provide the Pine Hills Little League with compensation in kind for the valuable programs which it conducts, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF

6 ORANGE COUNTY, FLOR I DA: 1. Board of County Commissioners finds Pine Hills Little League performs such a valid County function and purpose in its Little League programs. 2. Board of County Commissioners finds that the interests of Orange County I are served by providing that Little League compensation in kind for the

valuable services it renders. :i 3. Board of County Commissioners shall, therefore, provide 20 yards of clay id in return for the Pine Hills Little League programs conducted by the Pine "I!I Hi1 1s Little League. j'LIr !I! ' 1: Parks Dept. Upon a motion by Commissioner Mason, seconded by Commissioner Thomas and carried, I, I Hour Glass the Board closed the small park at Hour Glass Lake and authorized the abutting 1 Lake and fence property owner to maintain/the property subject to the County having access. Ij

P & Z Comm. Commissioner Chira advised the Board that he would not participate in the i: I Confl ict of discussion nor the vote with reference to Planning and Zoning Commission l nterest (item No. 15) I Hearing No. 26, dated February 15, 1979./ He stated he had signed a contract

to purchase the property in question from Ryder Truck Systems. He instructed $8 i the County Administrator to inform all parties of same. !

i TB Upon a motion by Commissioner Mason, seconded by Commissioner Fischer and Appl ications , carried, the Board accepted the applications of Florzella Brown, Belford

Satchel1 and Haywood Smith, Jr., and approved admission to the A. G. Holley

I' State Tuberculosis Hospital with full aid, both State and County. I.

February 13, 1979 ;: I February 13, 1979 Page 467 i i I Pub1 i c Works Public Works Director Tom Hastings stated that as discussed in the meeting !I

I! Forsyth Road of January 30, 1979, Mr. C. A. Johnson, of Southern States Land, 1133 Louisiana Motor ,! Vehicle Avenue, Winter Park, Florida 32789, was requesting that the driveway of the Inspection Stat ion Forsyth Road Inspection Station be converted from an access road to a County L/ 1, Roads road. Mr. Hastings said he could not recommend approval of Mr. Johnson's :1 I request; however, if the Board decided to do so, he suggested the following '1

stipulations: I I

1. Require the dedication of an additional ten feet of right of way on either side of the existing entrance from Forsyth Road westerly to the terminus of the proposed new cul-de-sac. The fence currently installed ! I along the south curb line would be relocated to a point at the south j; boundary of the new right of way line. The additional right of way would be necessary to meet safety requirements and provide an area

for the installation of utilities and possible drainage systems. I:

/I 2. The pipe columns currently installed within the four foot median strip

would be removed and the median strip would be paved to Orange County I standards including subgrade stabilization, base construction and wearing surface. This would provide an eight foot parking lane on 1 i the north side of the road and two sixteen foot travelways for public !II[

use. I

3. The Engineering Department will be provided with construction drawings 11 to insure that there is essential compl iance with design and construction 1; 1 i standards for County roadways. i I: I ( Mr. Johnson was present and said he might have a problem obtaining 10' on both 1; ! sides of the road. He asked if 20' could be taken from the north side. 1: i: ;! Mr. Hastings said he was not sure at that point exactly how much property b: 1: would be needed but the situation could be worked out. j: I I In response to a question from Commissioner Chira, Mr. Johnson said he did not 1:

plan to develop the property any further. I i 16 Mr. Hastings said they would need to make two travel ways on the north and east i :I and permit curb cuts on the north side of the road at some interval that .I ;1

would provide a reas on a b 1 e subdivision of the property possibly in the Ij !I neighborhood of 120' to 150'. Part of the proposal was that Mr. Johnson would I i dedicate a ditch 20' to the west and also the south 30'. /I I i/ Upon a motion by Commissioner Chira, seconded by Commissioner Thomas and carried, ;i the Board accepted the recommendations of the Public Works Director and approved I'

!' an agreement between Mr. C. A. Johnson and the County to consi~tof a dedication i

of an additional 20' of right of way on the north side of the existing access j!

road to the Forsyth Road l nspection Stat ion, removal of the pipe columns currently " Ii

installedwithin the four foot median strip with the median strip to be paved to 1 j

February 13, 1979 Page 467 February 13, 1979 Page 468

Orange County standards, including subgrade stabilization, base construction /I and wearing surface, and dedication of the west 20' and south 30' to be paved I/11 / j by the developer, and subject to the final approval of the Public Works Director. ii jI I/

Civic Center In response to a memo from the County Attorney Charles Gray dated February 12,

Architect 1979, Commissioner Thomas made a motion that Charles Luckman be informed he Agreement was considered to be the lead architect in the construction of the Civic Center

and to carry the major responsibility. The motion was seconded by Commissioner

Mason, and it carried.

Upon a motion by Commissioner Fischer, seconded by Commissioner Chira and carried, the Board accepted the recommendations of the Comptroller and approved the fol lowing Fund to Fund Transfers: From: Fund 27 S/C 3 State Dept. No. 32100 Cost Center #0866-205-0-4 To: Fund 01-1-14221-000-0-3 Reimb. to Graphic Repro.

From: Fund 01 S/C 2 State Dept. No. 53460 2-58010-205-0-1 To: Fund 01-1-14221-000-0-3 Reimb. Graphic Repro.

From: Fund 26 S/C 3 State Dept. No. 32100 00861-205-0-5 To: Fund 01 1 14221 000 0 3 Reimb. Graphic Repro. From: Fund 18 S/C 3 State Dept. No. 32100 3-00821 205 0 9 To: Fund 01 1 14221 000 0 3 From: Fund 17 S/C 3 State Dept. No. 32100 00817 205 0 7 To: 01 114221 00003 From: Fund 23 S/C 3 State Dept. No. 32100 300847 205 0 4 To: Fund 01 1 14221 000 0 3 From: Fund 16 S/C 3 State Dept. No. 32100 0081 1 205 0 0 To: Fund 01 1 14221 000 0 3 From: Fund 19 S/C 3 State Dept. No. 32100 19 3 00826 205 o 8 To : Fund 01 1 14221 000 0 3 From: Fund 24 S/C 3 State Dept. No. 32100 24 3 00851 205 0 6 To: Fund 01 1 14221 000 0 3

Upon a motion by Commissioner Thomas, seconded by Commissioner Mason and carried,

the Board accepted the recommendations of the Comptroller and approved an

application for $10,000 of funding from the State of Florida Department of

February 13, 1979 -- y "" ------.---*..-----..-,..-., . , "<.-*" . --A "- ," "-. .." .,-- ,.

February 13, 1979 Page 469

Community Affairs with another $10,000 to be provided by Community Coordinated

Child Care; and the Board also adopted the following Resolution and authorized

the Chairman to sign both the application and resolution:

A RESOLUTION OF THE COUNTY OF ORANGE, FLORIDA, AUTHOR1 ZING AND DIRECTING THE CHAIRMAN OF THE BOARD, ALLEN ARTHUR, TO SIGN AN AGREEMENT WITH THE STATE OF FLORl DA DEPARTMENT OF COMMUNITY AFFAl RS UNDER THE FLORl DA Fl NANC IAL ASS l STANCE FOR COMMLlNlTY SERVICES ACT.

IT IS HEREBY RESOLVED BY THE COLINTY OF ORANGE, FLORIDA, AS FOLLOWS:

Section 1. That the Chairman is hereby authorized and directed to

sign in the name and on behalf of the Board of County Commissioners an Agreement

between the Florida Department of Community Affairs and the County of Orange I under the Florida Financial Assistance for Community Services Act, as per copy attached hereto and made part hereof. I Section I I. That a1 1 funds necessary to meet the contract obl igations of the County and its delegate agencies (if applicable) with the Department

have been appropriated and said funds are expended and unencumbered and are

available for payment as prescribed in the contract. The County shall be

responsible for the funds for the local share notwithstanding the fact that

I all or part of the local share is to be met or contributed by other source,

i.e., contributions, other agencies or organization funds.

Meeting There being no further business, the meeting adjourned at 5:25 p.m. Adjourned

ATTEST:

,,,r,l, D. /4t'vhl 4 Clerk

February 13, 1979 Page 469