1976-05-11 BCC Meeting Minutes - Orange County Comptroller

Meeting May 11, 1976 Page 317 

Meeting 

Opened 

The Board of County Commissioners met in the Commissioners' Meeting Room 

on Tuesday, May 11th, 1976. Commissioners Jack Martin, Lamar Thomas, 

Ralph Poe, Ben Benham and Allen Arthur, Jr.; County Attorneys Bill Mateer 

and Steve Bechtel; County Administrator Jim Harris, and Deputy Clerk A. W. 

Sikes, Jr. were pre sent. There being a quorum, the meeting was called to 

order by Chairman Martin at 9:30A.M. Following the Pledge of Allegiance, 

the Board paused for a moment of silent invocation. 

Minutes 

Upon motion by Commissioner Benham, seconded by Commissioner Thomas, 

and carried, the Board waived the reading of and approved the minutes of the 

meetings of April 22nd, 29th, May 4th and May 6th. 

201 Facilitie 

Planning 

Study 

Recommendation made by the Sewer and Water Advisory Board at their meeting 

on May 5th with respect to County participation in the 201 Facilities Planning 

Study by the City of Orlando was considered at this time. 

Utilities Director Charles Goode stated that the Sewer and Water Advisory 

Board had recommended adoption of a resolution providing for County participation 

with the City of Orlando in a 201 Facilities Planning Study for the Orlando 

Easterly water pollution control project involving a wastewater treatment 

facility in the vicinity of Iron Bridge Road. A drawing of the proposed area 

was displayed by Mr. Pat West of the County Sewer and Water Department. 

Mr. Goode stated that the resolution provides that Orange County will be active 

in the setting of guide lines for the designation of collection systems, which 

have already been tentatively allocated. 

Mr. Goode said that he feels it is essential that the City of Orlando be supported 

in their request because they cannot get the Federal Funds without it. He 

stated that the area involved had been designated by the State of Florida based 

generally on the outline of area established by Water Control Management. 

Concern was expressed by the Commission as to what this would do to the bond 

resolution. A question was raised by Commissioner Benham as to what the 

City's policy would be with respect to users outside the City, and Mr. Paul 

Matthes, Public Works Director for the City of Orlando, stated that when the 

application is accepted and the plant built the plant will be required to treat 

the sewage from any one who can connect to the system without any requirements 

for annexation. He said that it would be a plant ope rated by one entity 

Meeting May 11, 1976


and everyone who has a system, private or public, will be required to tie into 

it. He said that they must come up with some acceptable formula - they are 

talking about seven or eight different entities. Mr. Matthes stated that they 

will not be involved in the collection system. 

In response to question by Commissioner Arthur as to whether or not the 

County had some built in checks, Mr. Goode stated that they do here and there 

and he would recommend it with some reservation because it is the only way 

the City of Orlando can get the Iron Bridge facility built. 

Mr. Matthes said that he felt that there are enough built in checks - they will 

have to have a number of public hearings and he did not see any possibility of 

any major source of opposition. 

Commissioner Benham stated that he was familiar with the study since it had 

been through the Regional Planning Council a year ago but felt that they should 

have a little more review on it. 

Mr. Matthes stated that the subject had been presented to the Commission 

before going through the Sewer and Water Advisory Board and then back to the 

Board of County Commissioners. 

Attorney Steve Bechtel stated with respect to the bond resolution he thought it 

might be advantageous to have that kind of input- it is the City of Orlando's 

project and the County needs to have that input to protect it. 

Following this discussion a motion was made by Commissioner Poe, seconded 

by Commissioner Benham, and carried to concur in the recommendations of 

the Sewer and Water Advisory Board and the staff and adopt the following 

RESOLUTION 

A Resolution Pertaining To A Facilities Planning Study 

Under The Federal Water Pollution Control Act of 1972 

WHEREAS, under the Federal Water Pollution Control Act of 1972, 

the Federal Congress has delineated national water quality goals which must 

be achieved through regional efforts to assure the attainment of water quality 

standards; and 

WHEREAS, the State of Florida has established a regional 201 Planning 

Area for the Orlando Easterly water pollution control project, which includes 

interceptor sewer systems directed toward a regional wastewater treatment 

facility in the vicinity of Iron Bridge Road; and 

WHEREAS, the City of Orlando must enter into a 201 Facilities Planning 

Study for this planning area in order to comply with the requirements of Public 

Meeting May 11, 1976 

a 4


Law 92-500; and 

WHEREAS, it appears advantageous to the interests of the County of 

Orange to be included in such studies; 

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

of Orange County, Florida, as follows: 

Orange County, Florida does hereby acknowledge that it will join with 

the City of Orlando, Florida in the aforementioned 201 Facilities Planning Study, 

and further, that Orange County will be an active participant in the determination 

of interceptorlocations, in service area spheres of influence and the 

identification of financial and management alternatives consistent with EPA 

guidelines. It is understood that there will be no cost to Orange County for 

this Study. 

Fairway 

Lane 

Residents of the Fairway Lane area appeared before the Board with respect 

to drainage problems. Spokesman for the group who said he lived at 3475 

Fairway Lane stated that they have had quite a problem every time it rains. 

He said that several of his neighbors were unable to be present today but had 

given him letters, registering complaints, which were presented to the Commission. 

Public Works Director Tom Hastings stated that he was familiar with the 

problem. He said that steps had been taken in the past to minimize it and 

that one of the County engineers made an investigation there yesterday but as 

of this time he had not had an opportunity to talk with him. 

Commissioner Arthur stated that the whole area is just low and there is no 

simple solution but ultimately when they rebuild Edgewater Drive, tentatively 

scheduled for next summer, they will put in a drainage system that should 

solve the problem, and in the meantime they will try to take some remedial 

measures. 

Chairman Martin suggested that the staff take a hard look at the problem and 

make recommendation to the Board on a solution to it. 

Mrs. Wm.A.Green, 3480 Fairway Lane, stated that prior to the duplex construction 

across from their home they had no problems. She said that they 

need some help -they have had water in their homes. She said that an illegal 

manhole was installed by the Meadows Builders, who constructed the duplexes, 

and this contributes to their problem. She said they felt that the bottleneck 



could be alleviated by culvert under the road directly into the lake but that 

cleaning the ditch would not solve the problem. 

The letters presented to the Board were from the following residents: 

Mr. John H. Kingsmore;Leo J. Winterling; Gratten White and Bill and Pauline 

Bouknight. 

Rev. Jack 

Mitchell 

Rev. Jack Mitchell appeared at this time with respect to his request to the 

Commission a few weeks back on behalf of the Florida National Black United 

Fund, Inc., regarding the use of payroll deduction plan for contributions. 

Chairman Martin advised him that the Board had set a policy whereby payroll 

deductions would be approved for any organization with a minimum of 100 

County employees enrolling. The Clerk was directed to send Rev. Mitchell 

excerpt from the minutes where policy was established. 

Windermere 

Water and 

Navigation 

Control 

District 

R. V. Baker 

Notice having been given that a public hearing would be held in the County 

Commissioners' Meeting Room to hear those for or against the application 

of Richard V. Baker and Sally V. Baker to build boat shelter to be attached to 

existing boat dock on the following described property - 

Lot 7 in Cypress Shores, First Addition, according to the Plat 

the reo£ as recorded in Plat Book T, Page 56 of the Public 

Records of Orange County, Florida 

and the hour having arrived, the Chairman called on the staff for a report. 

Clerk Sikes reported that the Advisory Board and the Engineering and Pollution 

Control Departments had recommended approval. 

When questioned by the Board the applicant stated that it was in conjunction 

with existing residence. No one appeared in opposition. 

A motion was made by Commissioner Benham, seconded by Commissioner 

Arthur and carried to approve permit for Richard V.Baker and Sally V.Baker 

to build boat shelter to be attached to existing boat dock on the above described 

property with recommendation that during and after construction care be 

exercised not to cause degradation of water quality in violation of the Pollution 

Department rules. 


..


Resolution 

Establishing 

Special 

Purpose 

Lighting 

District 

Watson 

Ranch 

Estates 

Notice having been given that the Board of County Commissioners would hold a 

public hearing to hear from all interested parties on the establishment of a 

Special Purpose Lighting District for Watson Ranch Estates, and the hour 

having arrived the Chairman called on the Clerk for a report. Mr. Sikes stated 

this project covers 16 lots at annual cost of $19. 95 for each fJeeholde r. Motion 

by Commissioner Martin, seconded by Commissioner Poe, an carried to adopt 

RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 

ESTABLISHING A MUNICIPAL SERVICE UNIT FOR 

Watson Ranch Estates 

WHEREAS, Chapter 125.01 (1) 

(q), Florida. Statutes, 1974- grants Orange 

County the power to 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 

Company 

Carrazana Construction 

--~~~~~~~~~~~~-------------------- 

for the establishment of such a municipal 

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

to be known as 

Watson Ranch Estates 

and which is more fully described below, and 

WHEREAS, this Board finds that the request of ~C~a"""'r~r-..:;a.t.,.z~an.u...=~a.__ ______ _ 

___ C~o~n~s~t~r~u~c~t~i~on~~C~o~m~p~a~n~y~----------' 

together with the other information 

pertaining to the operation of the proposed municipal service unit 

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

properties within ---~W~a~t~s~o~n~~R~a~n~c~h~~E~s~t~a~t~e~s~--------------------------- 

-------------------------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.: 

l. There is hereby established and created the Watson Ranch 

Estates 

municipal service unit, the boundaries 

of which appear on the recorded plat of Watson Ranch 

Estates Plat Book 6 Page 57 

more particularly described as Watson Ranch Estates 

Plat Book 6 Page 57. Lots 1-16 

Meeting May 11,1976 Page 321


Public Records of Orange County, Florida. The purpose of such 

municipa.l service unit is to provide for collection and disbursal 

by Orange County of such funds as may be necessary to pay annua1 

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 Watson Ranch Estates 

_and that the Florida Power Corporation 

will assume operation of such equipment, subsequent to such construction, 

including computation of the annual and monthly charges 

for electrical service and current used in their operation. Such 

equipment is to include 3 wooden poles, and ----- concrete 

poles, and 3 fixtures of (post) Lumen Mercury Vapor Lamps, and 

fixtures of------ Lumen Mercury Vapor Lamps for a. total 

monthly rate of $ 226.44 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 Watson Ranch Estates 

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 description 

of the portion or portions developed be filed with the Clerk 

of the Board of County Commissioners, after presentation and approval 

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 contiguous 

previously developed land in accordance with the terms of 

this Resolution, such land and street lighting services may be included 

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 calendar year to pay the expense of operating the street 

lighting equipment in the municipal service unit and shall determine 

such amounts in each and every year thereafter for the following 

ca.lendar year, January 1 through December 31. One dollar 

($L 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 real property of the freeholders in 

the municipal service unit as provided hereafter. Pending collection 

by Orange County of such special assessments, as provided hereinafter, 

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 extent 

at such time as such assessments have been collected. The 

estimated annual cost of operating and administering such street 

lighting equipment is$ 319.24 , and the estimated annual charge 

to each individual freeholder is $ 19.95 excluding Carrazana 

canstructi an Company • Proceeds of collection of such 

assessments as prov1ded 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. 


.. 

IIIII



and the placement of such equipment into operation, and each and 

every year thereafter for the following calendar year, a special 

assessment roll setting forth a description of each lot or parcel 

of land, including that owned by Carrazana Construction 

Company 

subject to the special 

assessments in the municipal service unit as provided herein, including 

homesteads, shall be prepared by the Tax Assessor and delivered 

to the Board of County Commissioners, which shall levy a 

special assessment upon the lands owned by Carra zan a 

Construction Company 

and such lots or parcels as may 

owned by individual freeholders, according to the recorded plat 

Ranch Estates Plat Book 6 Page 57 

such sums as shall be necessary to pay the estimated expense of 

the annual operation of such street lighting equipment and administration 

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 amount 

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 calendar 

year, and should the district become operational after May 31 

of this year but before January 1 of the following year, no assessment 

shall be made for this year but the pro rata. share of such 

estimated expense shall be added to the assessment for the following 

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 assessments 

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 depository 

as shall be designated by the Board who shall apply the same 

to monthly bills rendered by the Florida Power Corporation 

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 but the Tax Collector shall not receive 

any compensation for his services in complying with provisions of 

resolution, provided that the Tax Collector 1 s office shall receive 

the same fees and costs of sale as provided by law for the collection 

of ad valorem taxes, advertising, sale of lands and issuance 

of certificates. 

lL 

All unpaid special assessments levied in accordance with the provisions 

of this resolution 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 redemption 

or purchase of County tax sales certificates and delinquent 

County tax lands, shall apply to such real property. 

5. The Board of County Commissioners shall be the governing board 

of said municipal service unit. 



Fill 

Permit 

Ronald E. 

Dowdy 

Mr. John Carmichael, 7620 Lake Marsha Drive, representing the Lake Marsha 

Home Owners Association, came before the Board with respect to case 

involving fill on the Ronald E. Dowdy property at 7630 Lake Marsha Drive. 

He said that he understands that the case had been settled out of court. 

County Attorney Steve Bechtel stated that Mr. Dowdy had finally agreed to 

do what he had been ordered to and that was to remove the present fill and 

bring in clean fill which does not have concrete or stumps. Public Works 

Director Tom Hastings stated that they had approved the material Mr. Dowdy 

wants to put on the site. He added that he proposes to haul in 1600 yards of 

the fill and will seed and mulch the berm. Mr. Hastings stated that he would 

monitor this activity, and would recommend that the Board approve permit 

; with usual bond and fee. 

In answer to question about the stock piles by Mr. Carmichael, Attorney 

Bechtel stated that Mr. Dowdy will take out everything that is visible, particularly 

those big stumps. Commissioner Thomas said that they would not 

I 

want the applicant to dig everything that is deep in the lake but the bad chunks 

in the water should come out. Chairman Martin stated that approval of this 

permit is not based on going into the water. 

A motion was made by Commissioner Thomas, seconded by Commissioner 

Benham and carried to approve fill permit for Ronald E. Dowdy for 1600 

yards of Type One fill for property at 7630 Lake Marsha Drive in accordance 

with Ordinance 71-11, subject to the following stipulations: 

Seed and Mulch Berm; 

No removal of vegetation within the lake; 

Bond - $800. 00 

Fee - $25.00. 

Lighting 

District 

Hearing 

Scheduled 

Lynnwood 

Estates, 

1st Addn. 

Upon motion by Commissioner Arthur, seconded by Commissioner Poe, 

and carried, the Board scheduled a public hearing to be held in the County 

Commissioners' Meeting Room on May 25th at 10:40 A.M. for the purpose 

of hearing objections to the establishment of Special Purpose Lighting 

District for Lynnwood Estates, First Addition. 


(1!1 

• IIIII


Upon motion by Commissioner Thomas , seconded by Commissioner 

Poe 

, and carried, the Board adopted the following 

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 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 - 

30-22-29 5088 02030 

Lincklaen Heights P/63 Lot 3 Blk B 

Location: East of, adjacent to 4812 W. Central Blvd. 

Owner: 

Abraham St. Pierre Est. 

c/o Cass & Cass 

Winchester, Ontario, Canada 

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. 



Upon motion by Commissioner 

Poe 

, and carried, 

Thomas , seconded by Commissioner 

the Board adopted the following 

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 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 - 7-23-30 0000 00053 

W 1/2 of SE 1/4 of SW 1/4 (Less Rd R/W) & 

(Less N 686.76 Ft Thereof) 

Location: East of, adjacent to 4515 Crichton Lane 

Owner: 

Lescault Realty Company 

128 Walcott St. 

Pawtuckett, R.I. 02860 

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. 

, 

""""" 


~ 

~


Page 

327 


Poe 


RESOLUTION 

WHEREAS, the following described abandoned property, 

Two-toned, 4-dr Olds 

Owner: C. Belcher 

7121 Partridge Lane 

Orlando, Fla. 32807 

located at side of house - S. W. Cor of Hope Cir & Partridge Lanehas not been 

removed after proper notice as provided by law, 

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

Commissioners of Orange County, that the duly constituted and appointed 

enforcement officer of Orange County is hereby ordered to remove and destroy, 

forthwith, said abandoned property. 

STATE OF FLORIDA 

COUNTY OF ORANGE 

THIS IS TO CERTIFY that the above and foregoing is a true and 

correct copy of a Resolution adopted by the Board of County Commissioners at 

their regular meeting held ___ M_a_.y'-1_1....:,_1....:9_7_6 __________, as same appears 

in Commissioners' Record No. 71 

IN WITNESS WHEREOF, I have hereunto set my hand and official seal 

of the Board of County Commissioners, this the 11th day of May, 1976 

KENNETH D. KIENTH, Clerk 

Board of County Commissioners 

SEAL 

By /s/ A. W.Sikes, Jr. 

Deputy Clerk 



Upon motion by Commissioner Thomas 

, seconded by Commissioner 

Poe 


RESOLUTION 


White, Ford pick up truck 

Owner: Mr. Murray 

1420 W. 22nd St. 

Orlando, Fla. 32805 

located at front of house has not been 










their regular meeting held May 11, 1976 , as same appears 


__;,...:;__ __ _ 


of the Board of County Commissioners, this the 11th day of May, 1976 



SEAL 

By/s/ A.W.Sikes,Jr. 

Deputy Clerk 


• 

""" 

, .. ~ ..


Page 329 


Poe 


RESOLUTION 


Green Chevrolet truck cab - with frame 

Owner: Harold Lott 

R t. 1 , Box 1 7 5 

Kissimmee, Fla. 32741 

SR 530 

located at front of house - East of Boggy Creek Rd. North of I has not been 










their regular meeting held ____ M_a_y.;___1_1_,_1_9_7_6 _________, as same appears 



of the Board of County Commissioners, this the ___ 1_1_t_h_day of ___ M_aJ...y-'-,_1_9_7_6 __ 



SEAL 

By 

/s/ A. W.Sikes, Jr. 

Deputy Clerk 


Page

rl


Property 

Control 

Upon motion by Commissioner Benham, seconded by Commissioner Poe, 

and carried, the Board approved the following disposition of County 

Property: 

One Weather King Condensing Unit and Evaporator Unit Model 

#WHA100D, Serial #60703-B, located at the Convalescent 

Institution - to be junked. 

Drug 

Enforcement 

Task 

Force 


and carried, the Board accepted the recommendations of the Government 

Grant Administrator and approved reimbursement in the amount of 

$13,631.05 to the Drug Enforcement Administration to cover final expenses 

incurred through the cutoff date of April 30, 1976 - same to be charged to 

account No. 06/3325 305. 40. 

Youth 

Programs, 

Inc. 


and carried, the Board accepted for filing the March Status Report for 

Youth Programs, Inc. 

Youth 

Programs, 

Inc. 

Grant 

Application 

County Administrator Jim Harris in a report to the Board explained that the 

information given last week in connection with Youth Programs, Inc. grant 

application was incorrect with respect to matching funds since a cash match 

in the amount of $11,280. 00 is required. 

Colonel Minietta, Executive Director of Youth Programs, stated that they 

have been able to handle this grant in previous years. However, LEAA has 

reduced their allocation and United Appeal has also reduced their fund. 

He 

said that they are asking the County to help them to provide support for the 

runaway shelter at the detention home. 

Mr. Harris stated that the County is facing some serious budget problems and 

it would be difficult to come up with the money. Col. Minietta stated that the 

money would not be needed until after October 1st, and if CETA is continued 

and they are able to keep some of the people on they would return the match 

to the County. Chairman Martin suggested that the Board not take any action 

this week but try to resolve it next week. Based on information received toda' 

a motion was made by Commissioner Benham, seconded by Commissioner Poe 

and carried to rescind action taken May 4th approving above grant application. 



Note: Commissioner Thomas left the Meeting Room. 

Washington 

Park 

Project 

U pan motion by Commissioner Poe , seconded by Commissioner 

Arthur 

, and carried, the Board approved the request of the Government 

Grant Administrator and authorized payment in the amount of 

$24,972.84 to Smith and Smith Construction Corporation to cover work 

completed on the Washington Park Project - same to be charged to account 

06/5346 305.10 Community Development. 

Community 

Development 

Housing 

Survey F. T .U. 

Upon motion by Commissioner Poe , seconded by Commissioner 

Arthur , and carried, the Board authorized payment of $304.87 to 

Florida Technological University for services rendered in connection with 

housing survey contracted for by Community Development Housing Assistance 

as per recommendation of the Government Grant Administrator. 

Til denville 

Project 


Arthur 

, and carried, the Board authorized payment of $3,481. 44 to 

Kuhrt and Associates for services rendered in connection with Community 

Development Project No.1?, paving and drainage facilities for Tildenville, 

as per recommendation of the Government Grant Administrator. 

City of 

Apopka 


Arthur 

, and carried, the Board authorized payment of $650.68 to 

the City of Apopka for services in connection with Water Extension Project 

for the period from 3-31-76 to 4-27-76 as per recommendation of the 

Assistant Comptroller E. F. Case. 

Exemplary 

Replication 

Program 


Arthur 

, and carried, the Board approved a reimbursement of funds 

in the amount of $369.00 from Grant Project No. 75-NI-04-0004, for expenditures 

incurred in the month of April, 1976 for the Exemplary Replication 

Program , to Dr. Burton I. Blau upon certification of the Project Director. 

Meeting May 11,1976


CETA I 

Funds 


Arthur 

, and carried, the Board approved the following reimbursement 

of CETA I projects, as per certification of the Fiscal Officer: 

Grant No. 12-6-0158-10 

Lake Barton Fire Department 

Florida Department of Commerce 

$1,728.13 

$4,509.60 

CETA II 

Funds 


Arthur 


of CETA II projects, as per certification of the Fiscal Officer: 

Grant No. 12-6-0215-21 

Zellwood Fire Control District 

Lake Barton Fire Department 

$529.25 

$823.33 

CETA VI 

Funds 


Arthur 


of CETA VI projects, as per certification of the Fiscal Officer: 

Grant No. 12-6-0326-60 

Central Florida Assn. of Apprentice ship 

Administrators (Project 80-A-B-C -D 

Central Florida Assn. of Apprentice ship 

Administrators (Project 70) 

$2,784.00 

$2,000.00 

CETA 

Audits 


Arthur 

, and carried, the Board authorized payment of $2972.75 to 

Strang, McMillen & Perry to cover services rendered for audit services on 

the Orange County Comprehensive Employment & Training Act (CETA) 

through April 30, 1976. 

Vehicle 

MaintenancE 

Upon motion by Commissioner Benham , seconded by Commissioner 

Poe 

, and carried, the Purchasing Department was authorized 

to call for bids for a one year term contract, with renewal option for an 

additional year, to furnish Automotive Filters (oil, air and gas) for 

Vehicle Maintenance. 



County 

Health Bldg. 

Upon motion by Commissioner Benham, seconded by Commissioner 

Poe 

, and carried, the Purchasing Director was authorized to 

advertise for bids to furnish Custodial Services for Orange County Health 

Building located at 832 W. Central Blvd. 

Civil 

Defense 

Motor 

Vehicle 

Inspection 


Poe 

, and carried, approval was granted to the Purchasing 

Department to lease 3 each Station Wagons to be utilized by Motor 

Vehicle Inspection and Civil Defense on a two year lease basis - at 

an estimated yearly expenditure of $5,976. 00. 

Pine Castle 

Fire Control 

District 


and carried, the Board concurred in the recommendations of the Pine 

Castle Fire Control District Commission and approved acceptance of 

low bid submitted by Employers Insurance of Wausau in the amount of 

$16,913.00 for Workmen's Compensation insurance for the Pine Castle 

Fire Control District. 

Resolution 

Sovereign 

Immunity 

Uponinotion by Commissioner Benham, seconded by Commissioner Poe, 

and carried, the Board adopted the following 

RESOLUTION 

WHEREAS, Chapter 73-313, Laws of Florida, in accordance with 

Section 13, Article X, Florida Constitution, the State, for itself and its 

agencies or subdivisions, waived sovereign immunity for liability for 

torts, to recover damages for injury or loss of property, or death caused 

by the negligent or wrongful act or omis sian of any employee of the agency 

or subdivision while acting within the purview of his office or employment 

under circumstances in which the State or agency or subdivision, if a 

private person, would be liable to the claimant in accordance with the 

general laws of the State of Florida, and 

WHEREAS, the term 11 state agencies or subdivisions 11 

include the 

executive departments of the State as well as the executive departments of 

the County and all elected officials therein, and 


1111


WHEREAS, action at law against the County or any of its agencies or 

subdivisions for injury or loss of property, personal injury, or death caused 

by the negligent or wrongful act or omission of any employee of the County 

while acting within the scope of his employment or elected office under circumstances 

in accordance with the general laws of this State may be 

prosecuted, and 

WHEREAS, the Board of County Commissioners of Orange County, 

Florida, has sought, through the purchase of adequate insurance, to provide 

for insurance coverage for all departments of the County, employees, agents, 

and other authorized persons, acting for and on behalf of the Board of County 

Commissioners, Orange County, Florida, and 

WHEREAS, the Board of County Commissioners has provided for 

separate accounts for workmen's compensation, general liability, and fleet 

automotive liability insurance cove rage, and 

WHEREAS, the Board of County Commissioners of Orange County, 

Florida, finds it increasingly more difficult to discharge their duties when 

under the constant threat of civil suits, which, may more often than not, 

deal in damages, injury, death, or the health, safety, and welfare of the 

citizenry of Orange County, and 

WHEREAS, the Board of County Commissioners does not seek to 

shrink or withdraw from its responsibilities to the citizens of Orange County, 

and 

WHEREAS, the only purpose served for the waiver of save reign 

immunity for Governmental Entities, due to the irregularities of the law, 

is an open-door policy for civil suits to be filed on behalf of individuals 

who seek monetary retribution from the Counties of this State, their 

employees, elected and appointed officials for their performance in the 

discharge of their duties. 


Commissioners of Orange County, Florida, that: 

(1) The Orange County Legislative Delegation seek, by 

whatever means available, to immediately and with 

haste provide legislation which would restore save reign 

immunity to the C oun tie s of this State. 

(2) The Board requests support from the State Association 

of County Commissioners for their aid in repealing 

73-313, Laws of Florida, those sections and subsections, 

as indicated in Florida Statutes 768.28, the waiver of 

sovereign immunity for the Counties of the State of Florida. 



Page 336 

(3) The Board further requests thatthe other sixty-six 

Counties in the State of Florida, also lend their 

full support in the reinstatement of sovereign 

immunity for the Counties within the State, their 

employees, as well as elected and appointed officials. 

BE IT FURTHER RESOLVED that copies of this Resolution be forwarded 

to the State Association of County Commissioners and the Orange 

County Legislative Delegation. 

Note: Commissioner Thomas returned to the Meeting Room. 


Print 

Shop 


and carried, the Board accepted the recommendations of the Purchasing 

Department Director and established the following policy for work done at 

the County Print Shop: 

Non-Reimbursable Printing 

(required printing to be furnished without direct charge) 

a. All departments under the Board whose budgets are approved by 

the Board and whose funds are derived from general revenue or highway 

funds (03 and 04). 

Board. 

b. All County officials whose budgets are approved and funded by the 

Reimbursable Printing 

(cost of required printing to be reimbursed directly) 

a. All County elected officials whose budgets are not subject to 

Board approval or to funding by the Board. 

b. Activities supported by revenue from special taxing areas (i.e. 

Fire Districts, OSO, etc.) 

c. Revenue producing activities which tend towards self support 

(i.e. Sewer & Water Department, Solid Waste Disposal System, if applicable 

d. State funded departments or programs (i.e. State Attorney, Public 

Defender). 

e. Federal programs or Federally subsidized programs (i.e.CETA, 

Housing Assistance, Revenue Sharing, etc.). 

Special 

To preclude Orange County from inadvertently competing with 

private industry, printing will not be accomplished for a profit organization 

whether reimbursed or not. 

Similarly, printing will not be accomplished for any non-profit organi 

zation unless specifically authorized by the Board. Authorization will be 

considered only in instances where the Board has an "in kind" obligation or 

a commitment to render assistance or where it would be beneficial to the 

County. Reimbursements are not to be made. 


..


Resolution 

Establishing 

Special 

Purpose 

Lighting 

District 

Charlin Park 

4th and 5th 

Additions 

Notice having been given that the Board of County Commissioners would hold a 

public hearing to hear from all interested parties on the establishment of a 

Special Purpose Lighting District for Charlin Park, 4th and 5th Additions, and 

the hour having arrived the Chairman called on the Clerk for a report. Mr. Sikes 

stated that 67o/o of the property owners had signed the petition and the annual 

cost to each freeholder would be $26.86. No one appeared in opposition and a 

motion was made by Commissioner Martin, seconded by Commissioner Poe, 

and carried to adopt the following 


ESTABLISHING A SPECIAL PURPOSE LIGHTING DISTRICT FOR 

Charlin Park, 4th and 5th Add._ 

WHEREAS, Chapter 125.01 (1) (q), Florida Statutes, 1973, grants Orange 

County the power to establish special purpose lighting districmfor any 

part of the unincorporated areas of the County, and 


a petition, from more than 66-2/3rds percent of the freeholders of a portion 

of the subdivision known as 

Charlin Park, 4th and 5th Add 

--~~~~~~~~~~~~~~~~~-------- 

for the establishment of such a special purpose lighting district in that 

portion of the unincorporated area of Orange County known as Charlin 

--~P~a~r~k~·~4~t~h~a~n~d~5~t~h~A~d~d~~-~-~---------' 

and which is more fully described 

below, and 

WHEREAS, this Board finds that the petition of such freeholders, together 

with the other information pertaining to the maintenance and operation of 

the proposed special purpose lighting district submitted therewith, to be 

feasible and in the public interest; and that properties within Charlin 

Park, 4th and 5th Add 

will be benefited, now and in 

the future, and that the proposed district 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 Charlin Park, 4th Add., 

Charlin Park, 5th Add. Lighting District, the boundaries of which 

appear on the recorded plat of Char lin Park, 4th Add. Plat Book 

2 Page 96 and Charlin Park, 5th Add. Plat Book 2 Page 110 

more particularly described as Charlin Park, 4th Add. Plat Book 

2 Page 96, Lots 206 through 253. Charlin Park, 5th Add. Plat 

Book 2 Page 110, Lots 254 through 291. 

Public Records of Orange County, Florida. The purpose of such district 

is to provide for collection and disbursal by Orange County of 

such funds as may be necessary to pay annual expense of operation and 

maintenance of street lighting equipment within the district, including 

poles, wires, conduits, lights and all appurtenances necessary for 

such street lighting, and for the payment of electrical services and 

current used in their operation. It is the understanding of Orange 

County that the Florida Power Corporation is to construct, 

or has constructed in accordance with standards approved by the 

Orange County Public Works Department, all necessary street lighting 

equipment at no expense to the County, prior to or during construction 

of those portions of Charlin Park, 4th and 5th Add. 

and that the Florida Power Corporation will assume 

maintenance and operation of such equipment, subsquent to such construction, 

including computatuion of the annual and monthly charges 

for such maintenance and operation. Such equipment is to include 

-------wooden poles @ $ ------ per pole per month, and ~2~6~--- 

concrete poles @ $ L 5o per pole per month and 2 6 fixtures 

of 4000 Lumen Mercury Vapor Lamps @ $ 3. 79 per lamp per month, 

and ----- fixtures of ---------- Lumen Mercury Vapor Lamps @ $~ 

=-=-=- per lamp per month for a total monthly rental rate of $i 137.5 4 

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 Cor~. 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 district described herein as may be necessary concurrent with 

the development of Charlin Park. 4th and 5th Add. 

and that the lighting district created herein will be operated only 

in such portions of the district until such construction is completed 

in other portions of the district; provided that if such construction 

is only to be in portions of such district, a complete legal description 

of the portion or portions developed be filed with the Clerk of 

the Board of County Commissioners, after presentation and approval to 

the Board of County Commissioners, and; provided, that should any land 

be developed in the future which is contiguous to the boundaries of 

the district herein established for which street lighting is duly 

requested by the owners thereof, or should such steet lighting be requested 

to be extended to contiguous previously developed land in accordance 

with the terms of this Resolution, such lands and street 

lighting services may be included within the boundaries of the district 

herein estabished by an appropriate amendatory Resolution. 


IIIII 

...





current calendar year to pay the expense of maintaining and operating 

the street lighting equipment in the district and shall determine 

such amounts in each and every year thereafter for the following calendar 

year, January 1 through December 31. 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 district and the 

total amount so determined shall be specially assessed against the 

real property of the freeholders in the district as provided hereafter. 

Pending collection by Orange County of such special assessments, as 

provided hereinafter, the County may spend from its general fund, 

such sums as may be necessary to operate, maintain and administer the 

lighting district hereby created and the County will be reimbursed to 

such extent a.t such time as such assessments have been collected. The 

estimated annual cost of operating, maintaining, and administering 

such street lighting equipment is $ 2 JlQ 02 

, and the estimated annual 

charge to each individual freeholaer is $ 2 Q s 6 . 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 district, 


3. Upon Completion of construction of such street lighting equipment 




of land subject to the special assessments in the district as provided 

herein, including homesteads, shall be prepared by the Tax 

Assessor and delivered to the Board of County Commissioners, which 

shall levy a special assessment upon such lots or parcels as may be 

owned by individual freeholders, according to the recorded plat of 

C~arlin Park, 4th Add. Plat Book 2 page 96 and Charlin 

Park, 5th Add. Plat Book 2 Page 110 

4th Add. Lots 206 through 253 

5th Add. Lots 254 through 291 

such sums as shall be necessary to pay the estimated expense of the 

annual operation and maintenance of such street lighting equipment 

and administration of the district, 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 amount towards such cost; provided, 

that should the district 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 £or the remainder 

of the calendar year, and should the district become operational after 

May 31 of this year but before January 1 of the following year, no 

assessment shall be made for this year but the pro rata share of such 


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 assessments 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 depository as shall be designated by the Board who 

shall apply the same to monthly bills rendered by the Florida 

Power Corporation . 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 but the Tax Collector 

shall not receive any compensation for his services in complying with 

the provisions of this resolution, provided that the Tax Collector 1 s 

office shall receive the same fees and costs of sale as provided by 

law for the collection of ad valorem taxes, advertising, sale of lands, 

and issuance of certificates. 

4. All unpaid special assessments levied in accordance with the provisions 



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 redemption of purchase of County 

tax sales certificates and delinquent County tax lands, shall apply 

to such real property. 

5. The Board of County Commissioners shall be the governing board of 

said district. 



I HEREBY CERTIFY that the above is a true and correct 

copy of a Resolution passed by the Board of County 

Commissioners at their regular meeting held on the 11th 

day of May , 19~, as it appears in 

CommissionersT Record Book No. 71 

IN WITNESS WHEREOF; I have hereunto set my hand and 

official seal of the Board of County Commissioners at 

Orlando, Orange County, Florida, this the 11th day of 

May 

, A. D. 191£__ 

KENNETH D. KIENTH, Clerk of 


By 

/s/ A.W.Sikes,Jr. 

Deputy Clerk 

Travel 

Requests 

Upon motion by Commissioner Arthur, seconded by Commissioner 

Benham, and carried, the following travel requests were approved: 

Linda Luman, Agricultural Department, to attend Rural Housing 

and Community Development Meeting at the Sheraton Jet Port 

Inn, Orlando, May 11-12 at cost of $12. 50; 

Henry Swanson, Agricultural Department, to attend the Central 

Florida Production Managers 1 meeting at Clermont on May 24th 

at cost of $16. 20; 

F. R. Marden, Highway Department , to attend summer confe renee 

of Associated Public-Safety Communications Officers -Howard 

Johnson 1 s Motor Lodge, Orlando - June 2nd-4th at cost of $25. 00; 

Nicholas Sassic, Pollution Control, to Tallahassee May 12th-14th 

to request assistance on Aquatic Plant Research - cost of $120. 00; 


..

Meeting May 11,1976 Page 341 

Travel 

Requests 

(con't) 

Linda Young , Community Affairs, to University of South Florida 

at Tampa - May 14th - for screening evaluation meeting #2 - 

cost of $2 7. 70; 

Howard Ribble and Jack Spellman , Manpower Services, to 

Atlanta, Georgia - May 23rd-28th - to attend DOL/HEW meeting 

and Region IV Leadership Conference on Offender Program 

Opportunities -at cost of $237.50 each. 

Commissioner Benham stated that the Board should have a policy regarding 

advance on travel requests - such as a sliding scale based on salary. 

County Administrator Jim Harris stated that they would not make an 

advance if it was under $100.00, and if over $100.00 request would be 

made to the Board. 


and carried, the Board approved the following requests for travel: 

Tom Hastings , Public Works, to attend a meeting with Bill Storch 

of the Central and Southern Florida Flood Control District; re: 

Shingle Creek and City of Kissimmee and Orlando and Osceola 

County representatives at West Palm Beach on May 19th at cost 

of $8. 50; 

Martin Kreidt, Planning Department, to attend Florida Planning 

and Zoning Board of Directors meeting at West Palm Beach on 

May 14th-15th at cost of $27.25. 

Public 

Hearing 

L. Hart 

T.G. 

Womack 


Commissioners' Meeting Room to hear those for or against the application 

ofT. G. Womack to remove grass from shoreline out for 35 feet and remove 

grass from canal on property on Lake Hart, and the hour having 

arrived the Chairman called on the staff for a report. 

Mr. Sikes stated that the Engineering Department had no objection to the 

removal of the vegetation provided it is accomplished by using a rake or 

hand crews. 

Mr. Womack stated that there is a good solid bottom there and equipment 

would not sink in. He proposed to use a front end loader. 

Mr. Hastings, Public Works Director, stated that it is the Board's policy 

to preclude the use of front end loader. In response to question by 

Chairman Martin, Mr. Womack stated that this area could not be cleaned 

in any other way. He said that the whole shoreline is virtually undisturbed 

and he wants to get the grass out of the canal. 

A Mr. Jack Martin, who owns the adjoining property, stated that the weeds 

are a nuisance - they cannot swim or use the lake. In order to get to 

the lake they have to dig through the weeds. He stated that he was in favor 



of this application. 

A motion was made by Commissioner Martin, seconded by Commissioner 

Poe, and carried to approve permit for T.G. Womack to remove grass 

from shoreline out for 35 feet and remove grass from canal on the following 

described property on Lake Hart: 

The North 190 feet of the South 290 feet of the 

North 2995 of the West 1/4 of Section 28, 

Township 24 South, Range 31 East (less: the 

West 30 feet from County road). 

subject to the following stipulation: 

That the use of back hoe be precluded and authorize the 

use of front end loader on minimum basis to scrape the 

grass from water lines. 

Public 

Hearing 

Boat Dock 

Lake Cane 

Notice having been given that a public hearing would be held in the 

County Commissioners' Meeting Room to hear those for or against the 

application of Paul H. Porter to construct a boat dock for personal use 

on the following described property on Lake Cane - 

Lot 4, Block A, Piney Oak Shores, Plat Book W, Page 89 - 

and the hour having arrived, the Chairman called on the staff for a 

report. 

Report from the Engineering Department indicated no objections to the 

proposed construction. No one appeared in opposition and a motion was 

made by Commissioner Thomas, seconded by Commissioner Poe, and 

carried to grant Paul H. Porter permission to construct a boat dock for 

personal use on Lot 4, Block A, Piney Oak Shores, Lake Cane subject to 

the following stipulations: 

No part of the structure shall be closer than fifteen (15) feet 

to the property line; 

Building permit. 

R.I. B. 

276 

Bliss Ave. 

Notice having been given that a public hearing would be held in the 

County Commissioners' Meeting Room for the purpose of hearing 

objections to the confirmation of resolution determining to make proposed 

improvements in connection with R.I. B. Project #276, and the hour 

having arrived the Chairman called the hearing to order. 


..


Public Works Director Tom Hastings located the project on aerial. He 

said that it is about 650 feet in length, starting at Pershing Avenue and 

extending North to cul de sac dead end. He said that the de sign provides 

for roll curbs and the street will be lowered enough to accept all of the 

drainage from the abutting properties with ultimate outfall into Lake 

Jennie Jewell. Mr. Hastings stated that they have a sixty foot right of 

way with ten foot pavement and two foot roll curb on either side. He 

said that he did not see any shrubbery that they would have to move, but 

if so, it would be minimum. 

In response to questions by concerned property owners, Mr. Hastings 

stated that construction would be approximately twelve months away - 

also, driveways there would be restored. 

No one appeared in opposition and a motion was made by Commissioner 

Thomas, seconded by Commissioner Poe, and carried to approve the 

project and to adopt the following 

Resolution Confirming Determination To Make 

Improvement Uncle r Road Or Street Improvement Bond Project No.2 76 

WHEREAS, under the provisions of Chapter 57-1645, Special 

Acts, 1957, as amended by Chapter 59-1648, Special Acts, 1959, 

Chapter 69-1376, Special Acts, 1969, and Orange County Ordinances 

70-3 and 70-6, this Board on May 11, A.D. 1976, ordered the improvement 

by paving of the following roads or streets: 

BLISS AVENUE between Pershing Avenue and North terminus, 

lying in plat of Blissfield Homes, Plat Book R, Page 28. 

AND WHEREAS, upon due notice, the Board held a public hearing 

thereon on this date at the stated time and place, and it is the finding 

of the Board that it should proceed with the improvement of the roads 

or streets. 

THEREFORE, BE IT RESOLVED that the above referred to 

determination to make the improvement be confirmed, and that said 

improvement be performed by County employees using County materials. 



Solid 

Waste 

Upon motion by Commissioner Poe, seconded by Commissioner Thomas, 

and carried, the Board approved budget amendment for the Solid Waste 

Department to provide for the purchase of bulldozer, without change in 

total budget , as shown below - 

Deletion from Entomology Acct. No. 203 

Increase Acct. No. 207 

Decrease Acct. No. 401 

$25,000.00 

5,317.19 

30,317.19 

and further, the Chairman was authorized to execute said amendment. 

Deep 

Well 

Injection 

Program 

Sewer and 

Water Dept 


Arthur and carried, the Board authorized payment of $142,414.44 to 

Layne Atlantic Company for services rendered in connection with the 

Deep Well Injection Test Program for the Sewer and Water Department 

upon certification by the Utilities Division Director. 

Phase II 

Improvements 

Sewer and 

Water 

Up~n motion by Commissioner Benham, seconded by Commissioner 

Arthur and carried, the Board authorized payment of $13, 585.07 to INA 

( Bumby and Stimpson) for work completed on Phase II improvements - 

Force Main and Gravity Sewers for the Sewer and Water Department 

upon certification by the Utilities Division Director. 

Fund to 

Fund 

Transfers 

Upon motion by Commissioner Poe, seconded by Commissioner Thomas, 

and carried, the Board approved the following Fund to Fund Transfers: 

Journal Voucher No. 

320 

320 

322 

323 

323 

333 

333 

334 

334 

346 

Amount 

$11. 78 

47.12 

75.00 

2,650.00 

525.00 

8.75 

11,159.43 

11. 78 

11. 78 

48.99 


a 4


Resolution 

To Establis 

Special Purpose 

Light 

District for 

Arrowhead 

Cove, Units 

One and Tw 


Commissioners' Meeting Room to hear from all interested persons on the 

establishment of Special Purpose Light District for Arrowhead Cove, Units 

the 

One and Two, and the hour having arrived /Chairman called on the Clerk 

for a report. Mr. Sikes stated that 82 out of 90 had signed the petition and the 

annual cost to each freeholder would be $9. 64. No one appeared in opposition, 

and a motion was made by Commissioner Poe, seconded by Commissioner 

Thomas, and carried to adopt the following 


ESTABLISHING A SPECIAL PURPOSE LIGHTING DISTRICT FOR 

Arro!Jhead Cove Units 1 ant;] 2 

WHEREAS, Chapter 125.01 (1) (q), Florida Statutes, 1973, grants Orange 

County the power to establish special purpose lighting districmfor any 

part of the unincorporated areas of the County, and 


a petition, from more than 66-2/3rds percent of the freeholders of a portion 

of the subdivision known as Arrgnzhe ad Ca 1 re Units 1 and 2 

for the establishment of such a special purpose lighting district in that 

portion of the unincorporated area of Orange County known as Arrowhead 

--~C~o~y~e~U~nUAi~t~s~l._aa~n~d~2~----------------' 

below, and 

and which is more fully described 

WHEREAS, this Board finds that the petition of such freeholders, together 

with the other information pertaining to the maintenance and operation of 

the proposed special purpose lighting district submitted therewith, to be 

feasible and in the public interest; and that properties within 

Arrow- 

__ b~e~a~d~C~o~y~e~U~n~J··~t~s __ l~a~n~d~2~----------------- will be benefited, now and in 

the future, and that the proposed district 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 Arrowhead Cove 

Units 1 and 2 Lighting District, the boundaries of which 

appear on the recorded plat of Plat Book 3, Page 59 and 

Plat Book 3, Pa£e 114 

more particularly described as Arrowhead Cove Unit 1 

0307 - Lots 1 thru 32 

Arrowhead Cove Unit 2 - 0309 0 Lots 33 thru 89 

Public Records of Orange County, Florida. The purpose of such district 

is to provide for collection and disbursal by Orange County of 

such funds as may be necessary to pay annual expense of operation and 

maintenance of street lighting equipment within the district, including 

poles, wires, conduits, lights and all appurtenances necessary for 

such street lighting, and for the payment of electrical services and 

current used in their operation. It is the understanding of Orange 

County that the Florida Power Corporation is to construct, 

or has constructed in accordance with standards approved by the 

Orange County Public Works Department, all necessary street lighting 

equipment at no expense to the County, prior to or during construction 

of those portions of Arrowhead Cove Units 1 and 2 

and that the Florida Power Corporation will assume 

maintenance and operation of such equipment, subsquent to such construction, 

including computatuion of the annual and monthly charges 

for such maintenance and operation. Such equipment is to include 

------ wooden poles @ $ ---- per pole per month, and ~9--____ _ 

concrete poles@$ 1.50 per pole per month and -------- fixtures 

of ----- Lumen Mercury Vapor Lamps @ $-------- per lamp per month, 

and 9 fixtures of 4 40 0 Lumen Mercury Vapor Lamps @ $ .l..:.1..!) 

--~-per lamp per month for a total monthly rental rate of$ 47.61 

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 Corp~: 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 district described herein as may be necessary concurrent with 

the development of Arrowhead Cove Units 1 and 2 

and that the lighting district created herein will be operated only 

in such portions of the district until such construction is completed 

in other portions of the district; provided that if such construction 

is only to be in portions of such district, a complete legal description 

of the portion or portions developed be filed with the Clerk of 

the Board of County Commissioners, after presentation and approval to 

the Board of County Commissioners, and; provided, that should any land 

be developed in the future which is contiguous to the boundaries of 

the district herein established for which street lighting is duly 

requested by the owners thereof, or should such steet lighting be requested 

to be extended to contiguous previously developed land in accordance 

with the terms of this Resolution, such lands and street 

lighting services may be included within the boundaries of the district 

herein estabished by an appropriate amendatory Resolution. 


a 

c





current calendar year to pay the expense of maintaining and operating 

the street lighting equipment in the district and shall determine 

such amounts in each and every year thereafter for the following calendar 

year, January 1 through December 31. 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 district and the 

total amount so determined shall be specially assessed against the 

real property of the freeholders in the district as provided hereafter. 

Pending collection by Orange County of such special assessments, as 

provided hereinafter, the County may spend from its general fund, 

such sums as may be necessary to operate, maintain and administer the 

lighting district hereby created and the County will be reimbursed to 

such extent at such time as such assessments have been collected. The 

estimated annual cost of operating, maintaining, and administering 

such street lighting equipment is$ 867.72 , and the estimated annual 

charge to each individual freeholder is$ 9.64 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 district, 


3. Upon Completion of construction of such street lighting equipment 




of land subject to the special assessments in the district as provided 

herein, including homesteads, shall be prepared by the Tax 

Assessor and delivered to the Board of County Commissioners, which 

shall levy a special assessment upon such lots or parcels as may be 

owned by individual freeholders, according to the recorded plat of 

Arrowhead Cave Upit 1. Plat Book 3, Page 59 

Arrowhead Cave Upit 2. Plat Book 3. Page 114 

such sums as shall be necessary to pay the estimated expense of the 

annual operation and maintenance of such street lighting equipment 

and administration of the district, 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 amount towards such cost; provided, 

that should the district 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 £or the remainder 

of the calendar year, and should the district become operational after 

May 31 of this year but before January 1 of the following year, no 

assessment shall be made for this year but the pro rata share of such 


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 assessments 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 depository as shall be designated by the Board who 

shall apply the same to monthly bills rendered by the Florida 

Power Corporation . 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 but the Tax Collector 

shall not receive any compensation for his services in complying with 

the provisions of this resolution, provided that the Tax Collector 1 s 

office shall receive the same fees and costs of sale as provided by 

law for the collection of ad valorem taxes, advertising, sale of lands, 

and issuance of certificates. 

~- All unpaid special assessments levied in accordance with the provisions 



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 redemption of purchase of County 

tax sales certificates and delinquent County tax lands, shall apply 

to such real property. 

5. The Board of County Commissioners shall be the governing board of 

said district. 



I HEREBY CERTIFY that the above is a true and correct 

copy of a Resolution passed by the Board of County 

Commissioners at their regular meeting held on the 11th 

day of May , 19 76 , as it appears in 

Commissioners' Record Book No. ~ . 

IN WITNESS WHEREOF; I have hereunto set my hand and 

official seal of the Board of County Commissioners at 

Orlando, Orange County, Florida, this the 11th day of 

May 

, A. D. 19.1L_ 

KENNETH D. KIENTH, Clerk of 


By Is/ A. W.Sikes, Jr. 

Deputy Clerk 

Winter 

Garden 

201 

Facilities 

Planning 

Study 

Recommendation made by the Sewer and Water Advisory Board at their 

meeting of May 5th with respect to County participation in the 201 Facilities 

Planning Study by the City of Winter Garden was considered at this time. 

Utilities Director Charles Goode displayed map of the City of Winter Garden 

and the proposed study area was outlined by Mr. Pat West of the Sewer 

Department. Mr. Goode stated that the Winter Garden site included Ocoee 

and they have very strong feelings about it. 

Chairman Martin stated that they should have more input from Ocoee before 

approving resolution to proceed with study. Commissioner Poe stated trat 


..


the Department of Environmental Regulations and the EPA are thinking in term 

of one plant on the West side. He said that he felt that the Sewer and Water 

Advisory Board would like to see the County involved in this. 

A motion was made by Commissioner Poe, seconded by Commissioner Arthur, 

and carried to concur with the recommendations of the Sewer and Water 

Advisory Board and to adopt the following 

RESOLUTION 

A RESOLUTION PERTAINING TO A FACILITIES PLANNING 

STUDY UNDER THE FEDERAL WATER POLLUTION CONTROL 

ACT OF 1972 

WHEREAS, under the Federal Water Pollution Control Act of 1972, 

the Federal Congress has delineated national water quality goals which must 

be achieved through regional efforts to assure the atainment of water quality 

standards; and 

WHEREAS, the State of Florida has established a regional 201 Planning 

Area for the Winter Garden water pollution control project, which will include 

interceptor sewer systems directed toward a regional wastewater treatment 

facility in the vicinity of the City of Winter Garden. 

WHEREAS, the City of Winter Garden must enter into a 201 Facilities 

Planning Study for this planning area in order to comply with the requirements 

of Public Law 92-500; and 

WHEREAS, it appears advantageous to the interests of the County of 

Orange to be included in such studies; 

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

of Orange County, Florida, as follows: 

Orange County, Florida, does hereby acknowledge that it will join with 

the City of Winter Garden, Florida, in the aforementioned 201 Facilities 

Planning Study, and further, that Orange County will be an active participant 

in the determination of interceptor locations, in service area spheres of 

influence and the identification of financial and management alternatives consis 

tent with EPA guidelines. It is understood there will be no cost to 0 range 

County for this Study. 

Commissioner Benham voted No -feeling that they did not have the informatio 

from Ocoee at this time. 



Planning 

and 

Zoning 

Appeal 

Review 

Interstate 

Four 

Notice having been given that the Board of County Commissioners would sit 

as a Board of Appeal to hear those for or against the action of the Orange 

County Planning and Zoning Commission on request by Interstate Four, Inc., 

for a Change of Zoning Classification from R-CE to C-1 on the following 

described property: 

S 500ft. of SW 1/4 of NE 1/4lying NWly of Interstate Highway 4 

and S 500ft. of SE 1/4 of NW 1/4 (less W 30ft. for R/W) 

Sec. 22, Twp. 24 S, Rge 28 E, which is located East side of 

Magnolia Rd., 750 ft. East and 150 ft. South of Apopka Vineland 

Road and Winter Garden Vineland Road (St. Rd. 535) and lying 

Northwesterly of Interstate Hiway 4 

and the hour having arrived, Chairman Martin called on the Zoning Director 

to locate the subject parcel on aerial map. 

The Planning and Zoning Commission had denied the request a public hearing 

in that it would permit a commercial intrusion into a low-density single 

family residential district and further, access is not suitable to permit 

neighborhood retail commercial development, and further this request is not 

consistent with the policy of encouraging compact commercial development 

at major intersections. 

Zoning Director Jim Smart located the subject property on the map, stating 

that it was presently zoned RCE and undeveloped; immediately to the West an 

at the intersection they have C1 zone on all four corners; RCE immediately 

to the North undeveloped and immediately to the South is Reedy Creek Improve 

ment District. 

Mr. King Helie, representing the applicant James Morgan, stated that they 

were appealing the decision of the staff which denied a public hearing, and 

they feel that they should have the opportunity to go before the Planning and 

Zoning in public hearing to present their case. Mr. Helie stated that they wer 

asking for commercial in an area that has been well established for commercial 

node for many years. He said that he did a report in 1970 that identified 

this area as commercial node, and the County Land Use Plan shows it. 

Chairman Martin stated that there is RCE to the North, West and South - 

South Reedy Creek Improvement District. 

Mr. Helie stated that to the West of their site is commercial -also church 

property. He called attention to Lake Buena Vista area with motels already 

built. He said that they were only talking about 18 acres. 



In response to question by Commissioner Benham as to their plans, Mr. 

Helie said that he thought they could develop a motel as the present occupancy 

in that area is very high with respect to motels, and therefore a natural area 

for commercial. He said that he was not asking for a zoning decision now, 

and Chairman Martin said that he felt the Board understands what they were 

asking. 

When asked to respond to the reasons for denial, Mr. Helie stated that it 

was not an intrusion into a single family residential area - it is developed 

right now as a commercial area; it is at the entrance for Disney employees; 

it is also at one of the major intersections for commercial development; 

Mr. Helie stated with respect to traffic they could not possibly design that 

intersection to handle all the traffic that is already there -adding that the 

U.S. Government, the State of Florida and Orange County do not have enough 

money to build Eutopia roads. He felt that it was a natural area for commercial. 

In response to question by Commissioner Poe as to whether or not his client 

owned the C1 that fronts on 535, Mr. Helie stated that he did and had a 

prospective buyer for it. Commissioner Benham suggested that he come in 

with a PUD for review by the Board. 

In response to further questioning Mr. Helie stated that his client does not 

have anything built on the C1 that is there. 

When questioned by Commissioner Arthur as to how far the hospital was 

from the South of his property, Mr. Morgan stated that it was across the 

street from C1 property on 535. Mr. Morgan stated that they own the major 

portion of the property and bought it ten years ago hoping that it would some 

day be turned into hotels and restaurants. He said that they would like to 

use the property for its highest and best use. 

The hearing was concluded and later in the day the Board took this action: 

Upon motion by Commissioner Thomas, seconded by Commissioner Arthur 

and carried, the Board sustained the action of the Planning and Zoning 

Commission in their denial of a public hearing on application by Interstate 

Four, Inc. for a public hearing to consider change in zone from RCE to C1 

on property located East side of Magnolia Road, South of Apopka Vineland Rd. 

Commissioner Poe voted No. 



Board of 

Zoning 

Adjustment 

Recommen~tions 

Being aware of the right of any aggrieved party to appeal the decision of the 

Board of County Commissioners a motion was made by Commissioner 

Benham, seconded by Commissioner Arthur, and carried that the recommendations 

of the Board of Zoning Adjustment on all requests for variances 

or special exceptions rendered May 6th, 1976 be tentatively approved, 

such approval to become final at the end of the appeal period providing no 

appeals have been filed. 

Appeals 

Scheduled 

Letters requesting appeal of decisions rendered by the Board of Zoning 

Adjustment were received from the following and scheduled to be heard 

by the Board of County Commissioners at the date and time shown: 

Elbert Jenkins May 25th at 11 :20; 

Alton Rainbow Corp. May 25th at 11:35. 

TB 

ApplicationJs 


and carried, the Board approved the following applications for admission 

to the Florida State Tuberculosis Hospital: 

Leroy Nesbit to the A. G. Holley State Tuberculosis 

Hospital at Lantana as full aid; 

Willie Caldwell to the A. G. Holley State Tuberculosis 

Hospital at Lantana as full state and county aid. 

Lime 

Rock 

Road 

Base 


and carried, the Purchasing Department was authorized to terminate 

pre sent contract with Bauder's Trucking, Inc., who have requested an increase 

of 40¢ per ton in their bid price, and further, to advertise for 

bids on Orange County's Lime Rock Road Base requirements based on a 

one year term contract. 



Budget 

Transfers 

Upon motion by Commissioner Arthur 

, seconded by Commissioner Poe 

and carried, the Board approved the following budget transfer: 

Graphic Reproduction 

From: 03-2 554-340 

To: 03-2554-341 

Utilities 

Contractual Services 

$2,000.00 

$2,000.00 

Upon motion by Commissioner Thomas , seconded by Commissioner Poe 



From: 97-3210328 

Auto Allowance & Travel 

(3 -00866-328) 

To: 97-3210330 Insurance & Bonds 

(3 -00866 -330) 

To: 97-3210324 Clothing & Wearing Apparel 

(3 -00866-324) 

$1,000.00 

$600.00 

$400.00 

Upon motion by Commissioner Poe , seconded by Commissioner Arthur 


Lake Barton Fire Control District 

From: 74/9990798 

Other Restricted Reserves 

To: 74/3210106/ 

300826106.0 Group Insurance 

$2,000.00 

$2,000.00 

Upon motion by Commissioner Benham 

, seconded by Commissioner Arthur 


Killarney Fire Control District 

From: 73-3210 341 

73-9990 797 

To: 73-3210 103 

73-3210 102 

73-3210 105 

73-3210 205 

Contractual Services 

Reserve Future Capital Outlay 

Salaries, Non-Payroll 

Salaries, and Wages, Oth. Emp. 

Matching costs 

Office supplies 

$13,900.00 

65,500.00 

$13,900.00 

12,500.00 

3,000.00 

1,000.00 



Union Park Fire Control District 

From: 94-3210204.00 

3-008612040 

To: 94-3210330.00 

3-00861-3300 

Misc. Supplies &/or Expenses 

Insurance & Bonds 

200.00 

200.00 




From:97 -3210329 

(3-00866-329) 

To: 97-3210204 

(3 -00866 -204) 

Dues & Membership 

Misc. Supplies and/or Expense 

200.00 

200.00 



Upon motion by Commissioner Benham , seconded by Commissioner Arthur 


Pine Castle Fire Control District 

From: 80/3210 338 

To: 80/3210 330 

Lighting Districts 

Maintenance of Equipment 

Insurance and Bonds 

$3,000.00 

$3,000.00 

From: 31/3211 305. 10 Payments to Other Gov't Agencies 

To: 31/7103 340 Utilities 

$7,335.00 

$7,335.00 

Budget 

Amendment 

#25 

Upon motion by Commissioner Benham , seconded by Commissioner Poe 

and carried, the Board accepted the recommendations of the County Comptroller 

and approved the following budget amendment, No. 25, providing for 

funds in the FY 75-76 Budget for the Witness-Victim Information Program 

Grant in accordance with the provisions of Florida Statute 129.06 (2) (d): 

REVENUES: 

Acct. No. 

o6 I 1192 

06/1257 

06/1422 

Classification 

Federal Grants 

State Matching Funds 

Other Governmental Agencies 

Total Revenues 

Amount 

$10,000.00 

550.00 

1,252.00 

$11,802.00 

DISBURSEMENTS: 

Acct. No. 

06/2336 000.10 

06/2336 305.10 


Witness-Victim Information Program 

Payments to Other Governmental 

Agencies 

Total Disbursements 

Amount 

$11' 802. 00 

$11' 802. 00 

Budget 

Amendment 

#26 


Arthur 

, and carried, the Board accepted the recommendations of the 

County Comptroller and approved the following budget amendment, No. 26, 

providing for funds in the FY 75-76 Budget to purchase ambulances for fire 

control districts including Holden Heights, Lake Barton, Pinecastle, Union 

Park and the City of Winter Park: 

Revenues: 

Acct. No. 

06/1257 

06/1422 

Disbursements 

Acct. No. 

06/5105 305.20 


State Matching Funds 

Other Governmental Agencies 

Total 


Ambulance Purchasing Grant 

Total 


Amount 

$40,000.00 

$44,604.30 

$84,604.30 

$84,604.30 

$84,604.30 

a 4


Budget 

Amendment 

No. 27 


Arthur 

, and carried, the Board accepted the recommendations of the 

County Comptroller and approved the following budget amendment, No. 27, 

providing for an increase in the amounts shown in accordance with the provision 

of Florida Statutes 129.06 (2) (d) for Youth Counseling Service Grant 

Number 75-AS-06-D307: 

Revenues: 

Acct. No. 

06/1423 

Disbursement: 

Acct. No. 

06/5103 305.10 


Other Than Government Agencies 

Total 


Payments to Other Government Agencies 

Total 

Amount 

$10,916.00 

$10,916.00 

Amount 

$10,916.00 

$10,916.00 

Lake 

Waunatta 

Woods, 

Unit I 

Mr. Bob Carrigan, representing Lake Waunatta Woods, Unit One, appeared 

before the Board at this time to request a variance to the subdivision regulations 

with respect to sidewalks, and he read into the record the following 

petition which was signed by the owners of 23 properties in the subdivision: 

11 We the undersigned, all of the residents and owners of 

Lake Waunatta Woods, Unit I, hereby petition the Board 

of County Commissioners of Orange County, Florida to 

indicate our wishes and desires that our subdivision have 

no cone rete sidewalks. The construction of sidewalks 

would increase the storm water runoff and also destroy 

the esthetic character of the development which the 

developers have created. 

There is ample space for pedestrians between the paved 

surface and the lot lines; that area being grassed and 

maintained by the homeowners and homeowners association. 11 

The above petition was filed with the Clerk. 

Mr. Carrigan stated that the above petition covers all of the residents. He 

said that they left all of the trees in the right of way and these would have to 

be cut down if they had to install sidewalks. 

In the discussion that followed Commissioner Poe stated that he would like 

to see a stipulation to the effect that the developer inform any new purchaser 

of lots that if they want sidewalks they would have to pay for them, and 

Commissioner Benham suggested that there be a sidewalk from where the 

island breaks to the shelter on one side only. 




Arthur, and carried to approve request of the developer of Lake Waunatta 

Woods, Unit I, and grant variance to the subdivision regulations and eliminate 

sidewalks subject to the following stipulation: 

That the developer install a seven foot bikewaysidewalk 

combination from the point where the 

island breaks to the shelter area off of FTU 

Boulevard within the next 60 days. 

Commissioners Martin and Poe voted No. 

Building 

Permits 

The Board accepted for filing building permits approved by the County 

Engineering Department as of April 29, 1976. 

General 

Waterworks 

Corporation 


and carried, General Waterworks Corporation was granted permission to 

construct an eight inch fire main at 2822 Forsyth Road between FTU Boulevarc 

and Hanging Moss Road subject to Underground Utility Permit. 

Winter 

Park 

Telephone 


and carried, Winter Park Telephone Company was granted permission to 

bury communications cable in Eastbrook Subdivision between Aloma Avenue 

and Seagrape Drive. 

Southern 

Bell 

Telephone 

Upon motion by Commissioner Berham, seconded by Commissioner Thomas, 

and carried, Southern Bell Telephone Company was granted permission to 

(a) 

(b) 

(c) 

(d) 

Replace 419 feet of defective buried telephone 

cable on East side of McKinley Street South 

from the Old Winter Garden Road to the front 

of 2 9 S. McKinley; 

Replace 123 feet of defective buried telephone 

cable at 5219 and 5221 Ashwood Place (Pine Hills) 

rear of property. 

Bury cable on Carter Street at intersection with 

Ellis Street; 

Bury cable on Hunter Avenue between Edgewater 

Drive and Grant Boulevard. 



Florida 

Power Corp 


and carried, Florida Power Corporation was granted permission to install 

a 3(/,, 7200V overhead crossing on Plymouth-Sorrento Road, 670 feet South 

of Lent Road. 

Amick 

Construction 


and carried, Amick Construction Company was granted permission to install 

6'' PVC SDR21 Water Main for Woodstock Subdivision by open cut method on 

Powers Drive between North Lane and Clarcona Road subject to the following 

stipulations: 

(a) 

(b) 

That traffic be maintained; 

Underground Utility Permit. 

Fill 

Permit 

Howard E. 

Gross 


and carried, fill permit application by Howard E. Gross to fill canal behind 

Spring Wood Court with clean fill material to prevent swimming pool from 

falling in and clean up a stagnated canal was approved upon recommendation 

of the Public Works Director subject to the following stipulations: 

l. Fill in accordance to Ordinances 71-11 and 74-12; 

2. Post $500.00 Bond and pay permit fee of $25. 00; 

3. Use Type I fill material only; 

4. Maintain slight swale for drainage purposes; 

5. Protect lake from turbulence. 

Hiawassee 

Road 

Change 

Order 

Upon motion by Commissioner Benham, seconded by Commissioner Arthur, 

and carried, Change Order No. One in contract with Bumby and Stimpson, 

Inc., {construction of Hiawassee Road from Silver Star to Clarcona-Ocoee) 

providing for a net deduction of $5, 150.00 was approved, and further, the 

Chairman was authorized to execute same. Change consists of clearing and 

grubbing and removing and relocating four security lights for a total of 

$1350.00 applied against lump sum credit of $6,500.00 for use of material 

on portion of road to be vacated by Orange County. 



East 

Orlando 

Upon motion by Commissioner Thomas, seconded by Commissioner Arthur, 

and carried, paving, drainage, sewer and water facilities on the following 

streets in East Orlando, Section 6, Plat Book 4, Page 61, were accepted 

for County maintenance: 

Anthony Lane, Killian Drive, Elsee Drive, Britt Drive, 

Vanet Court, Cascade Road, Amron Drive, Eric Court, 

Alicia Court. 

Beulah Rd. 


and carried, the Board authorized payment of $9,982. 73 to Hubbard Construction 

Company for work completed on the widening and resurfacing of 

Beulah Road upon certification by the Public Works Director. 

Charge 03/4102401 (2. 45020. 401). 

S. R. 15 A 

Sidewalk 


and carried, the Board authorized payment of $4,314.74 to K. & L. 

Contractors, Inc. for work completed on the sidewalk construction on S. R. 

15-A (Wayland-Puritan) upon certification by the Public Works Director 

Charge 04/4 102401. 

Tilden Ave 

and 

Lake Drive 

After evaluation of the bids received on paving and drainage facilities for 

Tilden Avenue and Lake Drive in Apopka, the Public Works Director 

recommended award to the low bidder, and a motion was made by Commissioner, 

seconded by Commissioner Poe and carried to award bid on the 

construction of paving and drainage facilities on Tilden Avenue and Lake 

Drive in Apopka to All State Paving and Construction Company in the 

amount of $26,751.92, the low bidder. Commissioner Arthur stated that the 

City of Apopka should be notified when their money is needed. 

Meeting May 11 , 1 9 7 6


Conway - 

Lake 

Underhill 

Drive 

Turnout 

After evaluation of the bids received on the construction of additional lanes 

on Lake Underhill Drive at Conway Road, the Public Works Director 

recommended acceptance of the low bid, and a motion was made by 

Commissioner Arthur, seconded by Commissioner Poe and carried to 

award bid on the construction of additional lanes on Lake Underhill Drive 

at Conway Road to Basic Asphalt and Construction Corporation for a 

total of $8, 7 55. 60 - the low bid. 

Texas 

Ave. 

Drainage 

After evaluation of the bids received for the resurfacing and drainage 

improvements to Texas Avenue, the Public Works Director recommended 

acceptance of the low bid, and a motion was made by Commissioner Arthur, 

seconded by Commissioner Poe and carried to award bid on the resurfacing 

and drainage improvements for Texas Avenue to Basic Asphalt and Construction 

Company for a total of $17, 997.21, the low bid. 

SR 424 

Joint 

Project 

Agreemen 

Upon motion by Commissioner Arthur, seconded by Commissioner 

Benham, and carried the Board adopted the following 

RESOLUTION 

WHEREAS, the State Department of Transportation is presently 

de signing improvements to SR 42 4, and 

WHEREAS, Orange County desires that their design accommodate 

future drainage between Little Lake Fairview and Lake Fairview, and 

WHEREAS, Orange County is prepared to pay up to $15,000.00 

cost increase for this design change 

NOW, THEREFORE, BE IT RESOLVED, that Orange County does 

request that the State Department of Transportation provide for a 48" 

culvert to replace the existing 24" system. 

and, the Chairman was authorized to execute the Joint Project Agreement 

with the Department of Transportation in connection with the modification 

of plans for the SR 424 Project. 

Commissioner Martin voted No. 



Seaboard 

Coastline 

Crossings 


Thomas, and carried the Board adopted the following 

RESOLUTION 

It is hereby ordered by the Board of County Commissioners of 

Orange County, Florida that the form of agreement between the said 

County and the Seaboard Coast Line Railroad Company, dated April 19, 

1976, by the provisions of which the said Railroad Company grants to 

the said County an easement or right of way, within the limits the rein 

set out, for improving and maintaining two public road or street 

crossings (including the usual appurtenances, such as a paved roadway, 

curbs, gutters, sidewalks, shoulders, slopes, fills, cuts and drainage 

facilities) at grade across the right of way and track or tracks of the 

Seaboard Coast Line Railroad Company at Dunbar Avenue and E. Bay 

Street, Winter Garden, Florida; as particularly described in said 

agreement and as more fully shown on the print attached to and made a 

part of said agreement, be and the same is hereby approved. 

Further that the Chairman and Deputy Clerk of said Board are 

hereby authorized and directed to execute said agreement in the name 

and on behalf of said County. 

Water 

Pressure 

Meadowbrook 

Area 

In report to the Board on the water pressure in Meadowbrook area, 

Mr. Hastings stated that based on the best information available they 

believe that the system is adequate to provide proper service to two 

new subdivisions. Commissioner Poe suggested that some of the residents 

should be polled to see if they are having trouble, and Commissioner 

Benham agreed that they should check with the neighbors. 

Mr. Goode stated that he intends to go to the plant and check the pressure 

and determine how the separate subdivision is served by Southern States 

and make an analysis of the flows. 


IIIII 

I ..


Certificates 

of 

Correction 


Thomas , and carried, the Board approved the following certificates of 

correction upon certification by the County Appraiser: 

Certificate No. 

4-14800 

4-14806 

4-14807 

4-14808 

4-14826 

4-14827 

4-14828 

4-14829 

4-14830 

4-14831 

4-14832 

4-14809 

4-14810 

Name 

Anibal & Juanita S. Rodrigues 

Apelco Leasing, Inc. 

Weatherking, Inc. 

Magol Cabinet Shop 

H. A. & Nell Ledford 

H.A. & Nell Ledford 

H. A. & Nell Ledford 

Geraldine L. White & 

Willie L. Leach 





Edward J. & Cathy M. 

Sulatycki 

Sebastian's Dinner Theater 

Phoenix Dinner Theater 

Reason for chan 

To give DX 

To delete items 

asses sed to Acct. 

#067250. 

To delete leasehold 

improvemen 

as all assessed to 

Real Estate. 

Double of Acct. 

#45191 O(Margol 

Cabinets) same 

location. 

To reduce value. 

Bldg. removed in 

'72 but not delete 

from assessment. 



'72 but not from 

assessment. 




assessment. 




assessment. 




assessment. 




assessment. 

To give HX 

Duplicate of Acct. 

#523350. 

Duplicate of Acct. 

#523350. 



4-14811 Martin Marietta Corp. Back tax for 19741 

as this was omitt ~ 

from the tax roll, 

due to not being 1 

included in original 

return. 

' 

4-14812 Martin Marietta Corp. Back tax for 1975. 

Omitted from 1975 

tax roll, as was not 

filed on previously. 1 

Sewer and 

Water 

Meter 

Policy 

Upon motion by Commissioner Poe, seconded by Commissioner Benham, 

and carried, the Board concurred in the recommendations of the Sewer 

and Water Advisory Board and approved the following administrative 

policies for the Sewer and Water Department: 

Rereading of water meters requested more often than at 

6-month intervals will be charged for at $5.00 if the bill 

reading is shown to be accurate. 

Accuracy testing of water meters requested more often 

than at one year intervals will be charged for at $25.00 

if the meter proves to be within 2 percent accurate. 

Water 

Treatment 

Plant 

Riverside 

Acres 

With reference to recommendation by the Sewer and Water Advisory 

Board for purchase of property in Riverside Acres for Water Treatment 

better 

Plant, Commissioner Poe stated that they want to provide/water service 

in Plantation Estates than is afforded by the existing well, and if they 

purchase this property they can expand the operation. 

Mr. Goode stated that an appraisal of the property had been authorized 

and the tract involves eight acres. He said that the well is of excellent 

quality and is located in the Northern part of the tract. 

A motion was made by Commissioner Poe, seconded by Commissioner 

Arthur and carried to concur in the recommendations of the Sewer and 

Water Advisory Board and authorize negotiations to proceed with the 

purchase of a parcel of land in Section 28, Township 21 South, Range 29 

East, being the Northwest quarter of 7. 93 acres for the appraised value 

of $24,500. to be used for the construction of a proposed new water 

treatment plant to serve the surrounding area. 

Commissioner Benham voted No. 


.. 

• II 

li


Sewer 

System 

Connections 

Consideration was given at this time to the recommendation made by the Sewer 

and Water Advisory Board in their meeting of May 5th which provided that the 

Sewer and Water Department begin notification of all persons not connected to 

the Orange County Sewer System, but within 250 feet of a gravity main, that 

they must connect to the sewer system within 60 days, and that they will be 

charged the established service fee beginning 60 days from date of such notification. 

Utilities Director Charles Goode stated that the prime reason they had not 

enforced this before was because they did not have the capacity but they do 

have the capacity to handle the service now. 

County Comptroller Ken Kienth stated that there is a revenue problem and they 

can either enforce the hookup requirement and increase the revenue by about 

20o/o or raise the rates in order to get bond coverage. 

In response to question by Commissioner Arthur as to whether or not there 

could be an appeal in a hardship case, Mr. Goode stated that there would be. 

Mr. Kienth stated that in order to relieve the hardship the document provides 

for payment over three year period but they must connect to the sewer system 

within 60 days. 

Following this discussion a motion was made by Commissioner Poe, seconded 

by Commissioner Arthur, and carried to concur in the recommendations of 

the Sewer and Water Advisory Board that the Sewer and Water Department 

commence notification of all persons not connected to the Orange County Sewer 

System, but within 250 feet of a gravity main, that they must connect to the 

sewer system within 60 days and pay the established service fee, subject to 

the following stipulation: 

Those persons not desiring to connect to the system may be allowed 

to remain unconnected but shall be required to pay the standard 

service fee beginning 60 days after the date of notification to connect. 

Commissioners Benham and Thomas voted No. 

Zellwood 

Drainage 

and 

Water 

Control 

District 


Arthur, and carried that the Clerk be instructed to place a Public Notice in 

the daily newspaper with copy to Mr. Ben Smathers that the matter involving 

dike on portion of Lake Apopka in the Zellwood Drainage District will be considered 

by the Board of County Commissioners at their meeting of May 25th 

at 11:50 A.M. 



Note: Commissioner Thomas left the room at this time. 

Resolution 

to 

Condemn 

Azalea 

Homes 

Drainage 

Upon motion by Commissioner Poe, seconded by Commissioner Benham, and 

carried, the Board adopted the following Resolution: 

WHEREAS, in connection with the county water control system in 

County of Orange, a political subdivision of the State of Florida, it is necessary 

that said county have proper rights for drainage, and it is necessary and in the 

public interest that there be acquired the fee simple interest in certain lands 

for proper drainage purposes in the County's Secondary Drainage System for 

Canal E-8, and 

WHEREAS, efforts to purchase said right of way from the owners of 

said land have been futile, now, therefore, be it 

RESOLVED by the County of Orange a political subdivision of the State 

of Florida, by and through the Board of County Commissioners of said County, 

that the acquisition of the fee simple interest in certain land for drainage purposes 

had been found to be and is hereby found and determined to be necessary, 

practical and to the best interest of the County of Orange, Florida, and the 

people of said County, and the same is for a county purpose; and be it further 

RESOLVED that for the purposes aforesaid, it is necessary, practical 

and to the best interest of the public and of the County of Orange and of the 

people of said county that the fee simple interest for drainage purposes be 

acquired in the name of said county by eminent domain, over and upon all that 

certain piece, parcel or tract of land, situate, lying and being in the County of 

Orange, State of Florida, purportedly owned by Dian J. Groves and Elaine J. 

Singleton, described as follows: 

West 30 feet of North 726.23 feet of West 114 

of NE 1 I 4 of SW 1 I 4 in Section 26, Township 

22 South, Range 30 East. 

AND BE IT FURTHER RESOLVED that the County of Orange, the Board 

of Commissioners of said County, the Clerk of said Board, the attorneys for 

said Board and County, and all appropriate departments, officers and employee 

of said County be, and they are hereby authorized and directed to proceed to 

take necessary steps to institute and prosecute such necessary actions and 

proceedings as may be proper for the acquisition of the fee simple interest 

in said land by eminent domain proceedings or otherwise, and to prepare, 

sign, execute, serve, publish and file, in the name of said county by its 



Commissioners, all eminent domain papers, affidavits and pleadings, and 

said attorneys are authorized to have prepared, at said county's expense, 

such abstract or title search as may be necessary in connection therewith. 

Petition to 

Vacate 

Illiana Ave. 


and carried, the Board accepted the recommendations of the County Engineering 

Department and de.nied petition by Mr. A. L. Kamenoff to vacate portion of 

Illiana Avenue Right of Way at Bumby for the following reasons: 

(I) 

There is a house located near the subject right of 

way which would not have access to a public road 

if this vacation were approved. 

(2) The section of Illiana, although unpaved, is the only 

access to Bumby or any other right of way for these 

parcels. 

Disclaimers 

Peppertree 


and carried, the Board disclaimed any interest in the following described 

drainage easements in Peppertree, and further, the Chairman was authorized 

to execute same: 

(1) The East 15 feet of the West 30 feet of Lot 14, 

Peppertree, according to the Plat thereof as 

recorded in Plat Book 5, Page 82 of the Public 

Records of Orange County, Florida. 


Peppertree,according to the Plat thereof as 











Lake 

Susannah 

Outfall 

Canal 

Easement 

Release 

Upon motion by Commissioner Poe, seconded by Commissioner Arthur, 

and carried, the Board approved request of the Orlando Utilities Commission 

for release of easement, which was found to contain error in description, 

for the Lake Susannah Outfall Canal, and further, the Chairman was authorize 

to execute said release. 



Florida 

Power Corp 

Sewer Dept. 

Upon motion by Commissioner Arthur, seconded by Commissioner Benham, 

and carried, the following described easement to provide service to the 

Orange County Sewer Department on SR 527, Pinecastle was granted to the 

Florida Power Corporation, and further, the Chairman was authorized to 

execute same: 

From the Southwest corner of the NE 1/4 of Section 25, Township 

23 South, Range 29 East, Orange County, Florida, run N 89057 1 44 11 

E along the South line of said NE 1/4 286. 14 feet; run thence S 

00°2 7 1 44 11 W, 2033. 00 feet to the Point of Beginning; run thence S 

8 9°32 1 16 11 E, 100 feet; run thence S 0002 7 1 44 11 W 100 feet; run thence 

N 8 9° 32 1 16 11 W 100 feet; run thence N 00°2 7 1 44 11 E, 100 feet to the 

Point of Beginning. 

A 10 foot wide Easement Area, centerline of said 

Easement Area to begin on the South line, 27 feet 

East of the SW corner of the above described 

property and extend North 60° East 42 feet to the 

end of said Easement Area. 

This corrects easement approved July 1st, 1975. 

Florida 

Power Corp 


Landfill 


and carried, the following described easement to provide service to County 

Landfill South of Curry Ford Road was granted to the Florida Power Corpora 

tion, and further, the Chairman was authorized to execute same: 

The North 1/2 of Section 22, Township 23 South, Range 31 East 

and the East 330 feet of the North 1/2 of Section 21, Township 

23 South, Range 31 East. 

From the intersection of the North right of way line of 

the County Road and the West boundary line of the above 

described property, runS 30° E 275 feet, thence East 

120 feet for the point of beginning of the centerline of 

an 8 foot wide Easement Area, thence North 620 feet 

to the end of said Easement Area. 

Sewer 

Line 

Easements 

South 

Central 

Sewer 

Assessment 

District 


and carried, the Board approved acceptance of the following sewer line easements 

in the South Central Sewer Assessment District, and further, the 

Clerk was instructed to have same filed for record: 

Easement for Collection System in Section 25, Township 23 South, 

Range 29 East - from Edward R. Wofford and Emogene W. Wofford, 

his wife; 

Easement for Collection System in Section 25, Township 23 South, 

Range 29 East from Elan D. Hefferan. 


._

Meeting May 11, 1976 Page 36 7 

Resolution 

to 

Proceed 

R.I. B. 296 

Sixth Ave. 


Benham 


Resolution Determining To Make Improvement Under 

Road Or Street Improvement Project No. 296 

WHEREAS, a petition has been filed with the Board asking for the 

improvement by paving of the following de scribed street and the radius 

turnouts on all of the side streets thereof, as shown on the Plat of Town of 

Taft as recorded in Plat Book E, Page 5: 

SIXTH AVENUE between Fourth Street and Eleventh Street 

Town of Taft, E /5 

Lots 6 thru 10, Blk F, Tier 4 

Lots 1 thru 5, Blk G, Tier 4 







Lots6thru10, BlkF, TierS 


Lots 6 thru 10, BlkF, Tier 9 




AND WHEREAS, this Board finds that the petition is sufficient in form 

substance and execution, and that the improvement should be made, 

THEREFORE, BE IT RESOLVED 

First. That this Board orders said improvement to be made under 

the prov1s1ons of Chapter 57-1645, Special Acts, 1957, as amended by 

Chapter 59-1648, Special Acts, 1959, Chapter 69-1376, Special Acts, 1969, 

and Orange County Ordinances 70-3 and 70-6. 

Second. That the Clerk be instructed to forthwith record a certified 

copy of this resolution in the Public Records, as a notice to the public and 

the abstract companies that the assessments become liens against the 

abutting property as of the date of the pas sage of this resolution, according 

to the provisions of Section 8 of the Act, although the amounts of the assessments 

cannot be determined until later. 

Third. That the Public Works Director be designated as the one 

whose duty it is to file plans and specifications and an estimate of costs with 

the Clerk of the Board. 

Fourth. That forthwith upon the filing of the estimate of costs with 

the Clerk, he is instructed to publish a notice of a public hearing, to be held 

at a regular meeting of the Board, to hear objections of all interested 

persons, and to also send notices to the individual owners of property abuttin1 

on the said roads or street and to the holders of contracts and options to 

purchase said properties. 



Bowyer 

Singleton & 

Associates, 

Inc. 

Engineers' 

Agreement 


and carried, Agreement with Bowyer-Singleton & Associates, Inc. to 

provide professional engineering services for projects, per the Consultants' 

Competitive Negotiation Aci; for which compensation shall not exceed the 

sum of $5, 000. 00 for any one project was approved, and further, the 

Chairman was authorized to execute same. 

CETA 

Title VI 

Closeout 

Package 


and carried, the Chairman was authorized to execute closeout documents 

in connection with the return of $352,563.65 to the Secretary of Labor, 

authorized in previous meeting, in connection with CETA Title VI, Grant 

No. 12-5-0270-60. 

Commissioner Martin voted No. 

Capital 

Improvement 

Financing 

Leedy, 

Wheeler 

Alleman 

Upon motion by Commissioner Arthur, seconded by Commissioner Thomas, 

and carried, the Board authorized payment of $49,650.00 to Leedy, Wheeler 

and Alleman for services rendered and costs incurred in connection with 

$3,000,000. Orange County, Florida Capital Improvement Bonds dated 

October 1, 1975. Charge 12/3322401.0. 

Commissioners Benham and Poe voted No. 

Call for 

Public 

Hearing 

Ordinance 

Planning 

Dept. 


and carried, the Board approved a call for public hearing to be held in the 

County Commissioners' Meeting Room on Tuesday, June 8th, at 10:00 A.M. 

for the purpose of considering an Ordinance with respect to designating and 

establishing the Orange County Planning Department as the local planning 

agency pursuant to the Local Government Comprehensive Planning Act of 

1975. 

Youth 

Programs, 

Ind. 


and carried, a temporary loan of $2000. 00 to Youth Programs, Inc., to be 

repaid upon receipt of grant funds, was approved upon recommendation of 

the Government Grant Administrator; Charge account 06/9102 305. 


.. 

• ..

Meeting May 11, 1976 369 

Lake 

Jessamine 

Advisory 

Board 

Upon motion by Commissioner Martin, seconded by Commissioner Benham, 

and carried, the Board accepted with regret the resignation of Melvin R. 

Strait as a member of the Lake Jessamine Advisory Board. 

Status of 

Women 

A motion was made by Commissioner Martin, seconded by Commissioner 

Arthur and carried to create two additional categories on the Status of 

Women Commission increasing the number of committee members from nine 

to eleven for Orange County for minority representation. 

Commissioners Poe and Benham voted No. 

East 

Colonial 

Refuse 

A motion was made by Commissioner Poe, seconded by Commissioner 

Thomas, and carried to direct the County Administrator to invite Mr. Ingle 

or his representative from East Colonial Refuse Service to come before 

the Board next Tuesday for the purpose of explaining why steps should not 

be taken to revoke his franchise. 

Note: Commissioner Benham left the room at this time. 

C.F.A. 

The Board of County Commissioners discussed the letter written by the 

County Administrator to Mayor Langford concerning the City take over of 

the Citrus Bowl Project and repayment of loans made to the C.F.A. containe< 

in agreements of 1973 and 1975. 

Upon a motion by Commissioner Poe, seconded by Commissioner Thomas, 

and carried, the Board resolved in accordance with the letter that repayment 

of those loans is an agreed upon obligation and to consider the position of the 

City to be the same as that of the CF A, and that when the conditions set out 

in the agreements requiring repayment be met, if ever, the County will 

expect those repayments to be made. 

Note: Commissioner Benham returned to the meeting room. 

Refunding 

Revenue 

Bonds 

Mr. Robert Wagner, President of Southeastern Municipal Bonds, Inc., stated 

that his appearance today was in response to proposal made to the Board on 

February 13th, 1976 with respect to analysis of refunding revenue bond 

program. He said that they have worked up a number of schedules and have 

come up with a proposal that would generate a savings to the County of 

$1,600,000.00 and they were here to determine whether or not the Board 

would want to go ahead with a program that would generate this type of 

Meeting May 11, 1976 Page 369


saving. 

Copies of two purchase contracts -one for $6,135,000.00 (Water and Sewer 

Refunding Revenue Bonds, Series 1976) and one for $335,000.00 (Special 

Refunding Revenue Bonds) were distributed to the Board members. 

Mr. Wagner stated that he had given the Commission several schedules which 

show the savings as they occur under this program. He said that the interes 

they have offered is approximately 6. 25o/o -he feels that they have a good 

proposal and it does do what they promised when this matter was discussed 

in meeting before the Board last February. 

Mr. Wagner said that these proposals have been discussed with Mr. Kienth, 

Stu Hartman and Mr. Bechtel and he understands that there are some questions 

in the minds of Mr. Hartman and Mr. Bechtel. He stated further that 

his firm would be agreeable to cons ide ring a modification of the program 

providing they are furnished the information prior to the closing and deliver 

of the bonds. 

Concern was expressed by the Board members with respect to paragraphs 

five and six relating to designation of escrow holder and the obligations of 

the Underwriters. 

In response to question by Attorney Bechtel as to what was to be done today, 

Mr. Wagner said that it is necessary that an emergency ordinance be adopted 

to grant the County power to issue bonds payable from escrow account and 

this would precede any action on the purchase contracts. They would also 

like action on the two purchase contracts and would also like to defer action 

on any of the other legal documents, such as the resolution and other papers, 

until the County Attorney has had an opportunity to review them. 

Chairman Martin said that he understood that there is an IRS rule that there 

is a maximum interest that can be paid to a Government entity and it had 

occurred to him that there would be the possibility of making a small fortune 

with the bond man keeping the additional monies so why could they not stipulate 

that 50o/o of any arbitrage funds go to United Fund of Orange County, 

or some other charitable organization. 

County Attorney Steve Bechtel stated that he had just received these papers 

yesterday and had been unsuccessful in trying to reach bond counsel so he 

was not in a position to advise the Board at this time. 

Meeting May 11, 1976 Page 370


In response to question by Commissioner Poe as to whether or not this 

was a good or a bad deal and whether or not it did what it said it would do 

Bond Counsel Stu Hartman stated that he assumed it was correct - that it 

sounds right and the interest rates are definitely in line. Mr. Hartman 

stated from that standpoint he did not have any quarrel with it- it would be 

a judgement decision. 

In response to further questioning by the Commission Mr. Wagner stated 

that the Board would be advised of their full costs, and Mr. Kienth said 

that after expenses he thought that the Underwriters would realize about 

$170,000.00 which is less than 3o/o of the face of the issue. 

Following this discussion a motion was made by Commissioner Benham, 

and seconded by Commissioner Thomas to adopt an emergency ordinance 

which would authorize the issuance of refunding bonds of Orange County, 

Florida payable solely from moneys on hand and income from investment 

the reo£ in irrevocable escrow for the purposes of refunding outstanding 

bonds of the County under otherwise applicable law. 

On call for the vote the motion failed since four affirmative votes were 

required to adopt the ordinance on emergency basis and there were two 

"No" votes cast by Commissioners Martin and Arthur. 

Warrant 

List 

Upon motion made, seconded and duly carried, the following warrants, 

having been certified by the Finance Director as not being drawn against 

over expended accounts, were approved by the Board: 


Road Revenue 

Orange County Sewer System, List 37 

Orangewood Water System, List 12 

Orangewood Sewer System, List 11 

Solid Waste Disposal System, List 29 

CETA Title II, List 34 

Community Food & Nutritional Program, List 12 

Community Development, List 28 

Home Base Program, List 28 

Temporary Loan, List 33 

$370,275.11 

14,876.00 

71,467.30 

985.62 

814.68 

61,778.97 

7, 736.82 

2,269.05 

29,313.67 

240.58 

2,000.00 


Page 371


Youth Programs, Inc. List 14 807.92 

Special Migrant, List 2 19, 266.48 

Drug Enforcement Adm,, List 12 13, 631.05 

Summer Youth Recreation Program, List 3 4, 615.20 

Pollution Control EPA Landfill, List 14 58.14 

Ceta Title I, List 32 17, 928.84 

Ceta Title VI, List 30 1, 697.37 

Court Information, List 5 203.05 

Youth Counselling Service, List 22 2, 527.00 

Exemplary Replication Program, List 42 1, 389.79 

Neighborhood Services, List 24 1, 720.04 

Handicapped Child, List 28 492.75 

Headstart Program, List 30 7,924.91 

Meeting 

Closed 

There being no further business, the meeting was adjourned. 

ATTEST:,KENN!illl ./). J

1976-05-11 BCC Meeting Minutes - Orange County Comptroller

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