MINUTES OF the special MEETING OF THE BOARD OF COUNTY commissioners

 monday – AUGUST 31, 1959

The Board of County Commissioners met in special session in the County Commissioners’ room in the Courthouse at Tavares on Monday, August 31, 1959, at 9:30 AM for the purpose of considering the adoption of a Resolution re:  the building of a County Jail and such other matters as may be brought before the Board, with the following present:  Chairman Simpson; Commissioners Theus, Cowart, Bishop, and Cross; Attorney Duncan; and Clerk Owens.

The Board was called to order by Chairman Simpson.

The Board approved the Bond of Floyd W. Harrison as Member of the Oklawaha Basin Recreation and Water Conservation and Control Authority, with American Surety Company, appointed on the 13th day of July 1959, to hold his office from the date of said commission, until July 13, 1963, and until his successor is appointed and qualified.

Chairman Simpson stated this meeting is called at the request of Attorney Duncan, whereupon Mr. Duncan stated the Board passed several weeks ago a Resolution pertaining to the construction of a jail and repairs and alterations to the courthouse as recommended by an Architect.  That Resolution was submitted to a bonding attorney in New York at your request and he recommended some changes – the most important of which was; instead of making an assessment levying 2 ½ mills for a period of 10 or 15 years, the bond market would be more agreeable to accepting securities if the levying of a building tax not to exceed five (5) mills per annum for a period not to exceed fifteen (15) consecutive years is provided.  In view of his opinion in the matter, and inasmuch as we are going to expect him to approve the bonds, I requested him to correct the Resolution I had prepared.  I now have another Resolution, which has been submitted to him and he has sent it back with the corrections, and I would like to submit it to you this morning for your consideration.  Mr. Duncan read the Resolution and stated that it is necessary that Notice of this Resolution be published for 30 days before our regular meeting.  We now have ample time before the first meeting in October, which is October 5th.  What we need to do is public Notice four times beginning with this week.  WHEREUPON, it was moved by Commr. Bishop seconded by Commr. Cowart and unanimously carried that the Resolution as presented by Mr. Duncan be adopted and that Notice be published four consecutive weeks beginning at least 30 days before the next regular meeting in October in the following named papers:

            Tavares (Lake County) Citizen; The Groveland Press; Mount Dora Topic; The Clermont Press; Daily Commercial & Ledger; and Eustis Lake Region News.

SAID RESOLUTION BEING AS FOLLOWS:

WHEREAS, it has been brought to the attention of the Board of County Commissioners of Lake County, by the Grand Jury of said County, the Courts of Lake County and other sources, that the present jail facilities, constructed in the early 1920’s, was intended to house fifty (50) prisoners; that because of the phenomenal growth of Lake County and the accompanying increase of prisoners, the present jail facilities have been required to house in excess of 100 prisoners at a time, creating an unhealthy condition, and thus making it mandatory that new jail facilities be provided in order to properly house the prisoners; and

WHEREAS, it has also been brought to the attention of the Board of County Commissioners that the Courthouse building is in immediate need of repairs and alterations in order that said building be made a safe place for the County Officials and their employees, and for the public;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that because of the condition of the jail and courthouse of Lake County, as above set forth, the County Commissioners deem it necessary to erect a jail and to acquire the necessary lands upon which to locate the same; and that it is necessary to make certain repairs and alterations in the existing Courthouse building to correct certain defects, and replace worn out facilities.

BE IT RESOLVED that a Public Hearing be held in the Offices of the County Commissioners in Tavares, Florida, on the 5th day of October 1959 at 10:00 o’clock in the forenoon, to consider the necessity of re-erecting a County Jail and the acquisition of lands necessary for that purpose, and the necessity of making repairs and alterations to the Courthouse and the levying of a tax not exceeding five (5) mills for not exceeding fifteen (15) consecutive years.

BE IT FURTHER RESOLVED  that the Clerk of this Board is hereby instructed to publish a notice advising that the question of the necessity of erecting a County Jail and the acquisition of lands necessary therefor, and the necessity of making repairs and alterations to the County Courthouse and the levy of a building tax not to exceed five (5) mills per annum for a period of not exceeding fifteen (15) consecutive years to pay the cost thereof, shall be considered in full at the regular meeting of the Board to be held on the 5th day of October 1959, the Clerk shall publish said Notice one a week for four (4) consecutive weeks in the following newspapers published in Lake County, each of which is a newspaper of general circulation in Lake County, Florida:

            1.         The Clermont Press

            2.         Daily Commercial and Ledger

            3.         Eustis Lake Region News

            4.         The Groveland Press

            5.         Mt. Dora Topic

            6.         Tavares Lake County Citizen

The first publication shall be not less than thirty (30) days prior to the date of said meeting.  The Notice shall be substantially in the following form:

“NOTICE

NOTICE is hereby given that at the regular meeting of the Board of County Commissioners of Lake County to be held at the Offices of the Board in the Courthouse at Tavares, Florida, at 10:00 o’clock A.M. on the 5th day of October 1959, the question of the necessity of erecting a County jail and the acquisition of lands necessary for that purpose and the necessity of making repairs and alterations to the Courthouse and the necessity of levying a building tax not to exceed five (5) mills per annum for a period not to exceed fifteen (15) consecutive years to pay for the cost thereof, pursuant to Chapter 135, Florida Statutes, shall be considered at said meeting.  The matters as above stated, after full consideration, will be acted upon and determined by the Board of County Commissioners.  All members of the public are invited and will be entitled to be heard at said meeting.

IN WITNESS WHEREOF, I hereunto set my hand and official seal this 31st day of August, 1959.

Frank E. Owens

Clerk of the Board of County

Commissioners of Lake County, Florida.”

(Official Seal)

 

Mr. Duncan reported that he has talked with Mr. Buchanan of the State Road Department on the question of financing rights of way.  He said the new Act has not been tested, but there is an old law that can be used for issuance of revenue certificates.  Mr. Duncan thinks he can have further information on this at the meeting on Tuesday, September 8th.

discussion on re-alignment on road s-450 to road s-44 (eldorado road)

Motion by Commr. Cross seconded by Commr. Cowart and carried, that the following Resolution be adopted:

“WHEREAS, the County Commissioners of Lake County are in the process of acquiring right of way deeds for State Road S-450, Section 11684-2601, and it has been brought to the attention of the Board that the location of the centerline and the right of way of said road between 35 and 65, approximately, will do considerable damage to an old historic pre-civil war homestead, which has recently been restored; and the destruction of a portion of the ground will be far more detrimental and damaging than a slight realignment of the centerline and right of way of said road; and

WHEREAS, it appears that the realignment of the centerline and right of way of said road can be done with very little more expense, but would result in a saving to Lake County, inasmuch as the owners of said historic homestead have officially notified the Board that they will vigorously oppose any Order of Taking in the Condemnation Proceedings, which would result in a delay in the construction of the road beyond the coming citrus season; that the cost of said road, both right of way and construction thereof, being a Secondary Road, will be borne by Lake County and paid from funds due Lake County from the Secondary Gas Tax;

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Lake County, Florida, that the State Road Department of the State of Florida be requested to realign the centerline of State Road S-450, Section 11684-2601, between Stations 356 and 65 approximately, by relocating the tangent between Station 44 plus 41.65 and Station 54 plus 83.88 approximately 50 feet North of its present location.

Motion by Commr. Theus seconded by Commr. Bishop and carried, that the two bills from Jungle GMC Sales for two new 1959 GMC Trucks for District No. 1 in the amount of $2,395.00 each – total $4,790.00 – be approved for payment.

Mr. Owens reported that someone called him and stated that on August 3, 1959, the Lake Highlands Hotel in Clermont will be auctioned off and the party wondered if the Commissioners would be interested in bidding on it.  The Board did not think they should enter into the bidding.

DISCUSSION RE: Resurfacing of Irma and Lake Streets in Tavares

Mr. Owens reported that someone called him and stated that on August 31, 1959 the Lake Highlands Hotel in Clermont will be auctioned off and the party wondered if the Commissioners would be interested in bidding on it.  The Board did not think they should enter into the bidding.

discussion re: resurfacing of Irma and Lake streets in tavares

Mr. Owens reported that he, Mr. Duncan and Mr. parker of the State Road Department carried on a 3-way telephone conversation on Friday, August 28, re this matter and later during the day a letter was written to Mr. Green re this matter, in part as follows:  “The City of Tavares and the County Commissioners are willing to accept the streets at their present widths, without any enlargement thereof, and the Road Department is authorized to make a survey or construction purposes with the  necessity of an extended right of way survey.  On the basis of such survey, we feel that a proper resurfacing and in some instances widening of the present pavement will be satisfactory.”

After a discussion of resurfacing Sinclair Avenue in Tavares, on motion of Commr. Bishop seconded by Commr. Cowart and carried, Attorney Duncan was authorized to request the State Road Department to resource Sinclair Avenue from SR 19 South to Irma Street in Tavares.

Mr. Duncan stated that he contacted Frank Porter re inserting in the deed from Swindle to Lake County the necessary wording re “park purposes” and he said it would be all right to do this.

Dr. Hall, Lake County Health Director, appeared before the Board re:  spraying for elimination of shad fish in Lake Apopka causing dead fish to be in Lake Beauclair, Lake Carleton and Lake Dora.   He suggested that the Game and Fresh Water Fish Commission be requested to put a net in the Beauclair Canal to catch the fish and if they would haul the dead fish to the County garbage dump, they would bury the fish.

discussion on spraying hyacinths in lake apopka

Motion by Commr. Theus seconded by Commr. Bishop and carried, that Attorney Duncan be instructed to write a letter to the Board of County Commissioners Orange County requesting that they take the necessary steps to spray the hyacinths before permitting them to pass through the lock and spillway in the Apopka-Beauclair Canal.

following filed with the board

Letter from C. E. Duncan to F. E. Owens – re:  Deeds Exchange of property with Swindle

Copy of letter to Frank Porter from Frank E. Owens, Clerk – re:  Deed from Lake Co. to Swindle.

C. E. Duncan to Frank E. Owens, Clerk – re:  deeds exchange of property in Sec. 22-23-       26.

Copy of letter from Clerk to Richey Green, SRD r:  Re-surfacing Irma and Lake Streets

Copy of letter from C. E. Duncan to John T. Trimble re:  bonding resolution

Copy of letter to Daily Commercial re – canceling Notice of Meeting August 24th.

 

MEETING ADJOURNED.

 

/s/ Frank E. Owens                                                                 /s/ O. M. Simpson

CLERK                                                                                   CHAIRMAN