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HomeMy WebLinkAbout021129MINUTES 27 CITY COMMISSION, SANFORD, FLORIDA— February 11 1929 The City Commission of the City of Sanford, Florida met in regular sessiom at the City Hall in Sanford, Florida at 2 O'Clock P M February 11, 1929 Present: Commissioner Nelson Gray, Mayor. " Frank L Miller " R A Newman " Vivian A Speer City Attorney, Fred R Wilson w City Manager, G H Cairns City Clerk, F S Lamson Chief of Police. R G Williams Absent: Commissioner, 8 0 Chase Commissioner Gray Aye " Newman; Aye " Miller Aye " Speer Aye Mr A W Harz next made application for a permit to erect a gasoline filling station at the north west corner of Park Avenue and Eleventh Street, this being a renewal of an application heretofore made to the previous City Commission, and which was refused. Thereupon, Commissioner Speer moved that the City Commission approve the decision that was rendered by the Old Commission where application that this permit be granted, was denied, which deeision.has been tested in the Courts, and that the application now presented for the erection of a filling station at the north west corner of Park Avenue and Eleventh Street be refused. The Chairman announced that the first matter to be taken under consideration would be the application for a permit to build a gasoline filling station at the south east corner of Third Street and Park Ave.; complaining property owners having been notified to appear before the Commission at this time to show cause why a permit should not be granted. Thereupon, Rev. J B Root, Pastor of the Congregational Church located on the North east corner of Third Street and Park Ave, as spokesman for the Committee from the Congregational Church, protested vigorously against the granting of this permit, stating among other things that the erection of a filling station at this location would be ruin- ous to the proper functioning of the church activities; that Park Avenue, being an " Avenue A of Churches" and the most beautiful street of the City, should be allowed to rdmain as it is ; and furthermore,-that the business of the Church, that of turning out citizens, is fully as important, if not more so, to the community, as that of a filling station, and that the granting of this permit would result in the strangling of its business of turning out citizens Mr. Root's protest was heartily endorsed by others of the Committe present. Attorney George A. DeCottes next presented the side of the Standard Oil Company, applicant for th,ee permit to build a filling station at this location, outlining the plans for beautifying the station and landscaping the grounds, and also presenting the offer of the Standard Oil Company to close the filling staion on Sundays during the hours of worship. After considerable discussion, particular attention being given to a signed petition with over three hundred names, and also to the fact that the location in question is outside the Fire Limits of the City of Sanfords Commissioner Newman moved that the application for a permit to erect a gasoline filling station at the south east corner of Park jivenue and Third Street , be refused. Seconded by Commissioner Speer, and the roll being called, the vote stands as follows: Commissioner Gray Aye " Newman; Aye " Miller Aye " Speer Aye Mr A W Harz next made application for a permit to erect a gasoline filling station at the north west corner of Park Avenue and Eleventh Street, this being a renewal of an application heretofore made to the previous City Commission, and which was refused. Thereupon, Commissioner Speer moved that the City Commission approve the decision that was rendered by the Old Commission where application that this permit be granted, was denied, which deeision.has been tested in the Courts, and that the application now presented for the erection of a filling station at the north west corner of Park Avenue and Eleventh Street be refused. follows: MINUTES CITY COMMISSION, SANFORD, FLORIDA, — PAhr11aXY 11 2 P M- 199 Seconded by Commissioner Newman, and the roll being called, the vote stands as Commissioner Gray Aye a Newman Aye " Speer Aye " Miller Aye The Standard Oil Company, through their representative, next made application for permit to erect a filling station on the north -west corner of Third Street and Park Ave. They were instructed to present application in writing. Mr A J Richardson appeared before the Commission and requested permit to install chewing gum vending machines at Carious places around.the City, and offered to pay a license tax of $6.00 per month per machine for the privilege. The matter was referred to the City Attorney who ruled that due to the fact that trade checks are given at certain intervals with the purchase of gum, there was an element of chance involved which would make it unlawful. Mr J D Chittenden broughtup the matter of his water Uill of $4.19 , claiming that it would have been impossible for him to have used that amount of water during the time covere by this bill, about one week, and asking that a reduction be made. City Manager Cairns report investigating the matter and that he could find nothing wrong. Thereupon, Commissioner Newman moved to compromise with Mr Chittenden, splitting the bill in half. follows: Seconded by Commissioner Miller and the roll being called, the Vote stands as Commissioner Gray Aye " Newman Aye " Miller Aye " Speer Nff Commissioner Miller next requested permission to be excused, in order to attend a funeral, which permission was granted by the Chair. Mrs John G Leonardy , Attorney for Lula Jackson, arrested for possession of liquor and fined $150.00, from which an appeal has been taken, submitted an offer to settle the case by the payment of $75.00 and costs, the appeal to be then withdrawn. Thereupon, in view of the fact that this is the first offense, and that the Chief of Police Williams recommends this disposition of the case, Commissioner Newman moved the acceptance of the offer of Mrs Leonardy. as follows: Seconded by Commissioner Speer, and upon the roll being called, the vote stands Commissioner Gray Aye " Newman Aye " Speer Aye Minutes of Regular Meetirg of ,January 29th, 1929 read and approved. The next matter for consideration was the signing of the contract with George A DeCottes and Lucien H Boggs, as Associate Coil el for the handling of the Chase National Bank suit and others, but due to the desire of the members present to have the entire Com- mission present when this contract is eigned, Commissioner Newman moved that action be Je- regular ferred until next /meeting. follows 3 Seconded by Commissioner Speer, and the roll being called, the vote stands as Commissioner Gray Aye " Newman Aye " Speer Aye Commissioner Speer next moved that the form of contract to be entered into between the City of Sanford and George A DeOottes and Lucien H Boggs, as `Special Counsel, be changed P �f 1 1 �I L Fj, 1 i 1 1 MINUTES CITY COMMISSION, SANFORD, FLORIDA, February 11 2 P M 1 g 29 so as to eliminate the word "Exclusively" in the first line thereof, and the words "Out of Town" in the ninth and tenth lines thereof, all in the first paragraph, these being changes from the original draft of the tentative contract. as follows: Seconded by Commissioner Newman, and the roll being called, the vote stands Commissioner Gray Aye " Newman Aye " Speer Aye The Clerk advised the Commission that no approving opinion had been rendered by Caldwell & Raymond, Bond Attorneys for the $153,000.00 balance of A -1 issue of Refunding bonds, that X106,000.00 have been disposed of, and that requests have been received from various purchasers of the $106,000.00 of bonds sold, asking for this approving opinion. Thereupon, the City Attorney was instructed to prepare the necessary papers and forward to Caldwell & Raymond with request for an approving opinion for the following City of Sanford Refunding Bonds, : Series A -1 , Dated January 1, 1925, and maturing serially, bearing interest at the rate of Six per centum per annum, payable semleannually: Bond Numbers No. 174 and 175 January 12 1935 No.19 11 to 200 Both nos. Incl. No 221 to 225 1942 January 11 " 246 to 250 January 11 1945 " 271 to 275 1, 1947 January " 296 to 300 a a a January 321 to January 1, 1953 a 346 to 350 " " " " 371-to �75 a a a " j96 to 00 " 421 to 425 " 446 to 450 " 451 to 500 a u a 531 " to 506 " u 1 to b93 Due January 1, 1937 January 12 1935 Januaay 11 1939 January 1, 1940 January 1, 1941 January 1, 1942 January 11 193 January 11 19 January 11 1945 January 1, 1946 January 1, 1947 January 1, 1945 Janus, aryl, 1949 January 1, 1950 January 1, 1951 January 1, 1953 Upon motion by Commissioner Newman, which was seconded by Commissioner Speer and : 2 �T unanimously adopted, the Clerk was instructed to hold up all checks to vendors where delinquent personal taxes are owed to the City. Upon motion by Commissioner Gray, which was seconded by tbmmissioner Newman and unanimously adopted, the Sanford Herald was designated &6 the newspap *r in which the 1925 line, delinquent tax roll will be publi6hed, at a price of 150 per single oolGw exclusive of head- ings and sub- headings�for all five insertions. The Clerk reported to the Commission the employment of M D Tarbell, Deputy Tax Collect6st'ifor collection of Delin. Personal Taxes, as Deputy Tax Assessor for the purpose of assessing personal-property for the 1929 tax roll, and same was approved. The Clerk presented letter from former City Attorney , George A DeCottes with reference to charge of $750.00 for stenographic services previously paid him, and upon motion .duly adopted, it was ordered spread upon the minutes of the meetirg, said letter being in words and figures as follows: Hon. Nelson Gray S 0 Chase Frank L Miller R A Newman Vivian Speer City Commissioners Sanford, Florida. Sirs: February 4, 1929 MIND -TES ,{ CITY COMMISSION, SANFORD, FLORIDA, ft ruarx 11 2 P M 1.9---29 At the last regular meeting of the City Commission, held on the 29th ulto, duri the progress of the meeting Mr Vivian $peer made reference to the fact that heretofore the City of Sanford had paid me 1750.00 covering stenographic services for a period of fiv months at the rate of $150.00 per month, and made some statement to the effect that any sim lar bill rendered during the time he was a Commissioner would not meet with his approval The item in question is covered by City Voucher #472 dated February 13, 1929 I an sure that Mr Speer in ref erring to this time in his remarks at your last regular meeting was not advised of the facts and circumstances that warranted the approval of this item for payment by the City Commission. After the failure of the Seminole County Bank, and from thence continuously for many months, I devoted practically my entire time professionally in connection with the bus ness of the City, and for a period of more than five months Miss Nettie V Eubanks, who was at that time in my employ as a stenographer, devoted at least 900 of her time in connection with the City's business. She was in charge of the corps of stenographers who made copies of all correspondence in the files of the Seminole County Bank with reference to "the presen controversy between the City of Sanford, Florida, and The Chase National Bank of the City of New York. For many months she attended all meetings of the City Commission, made a steno . raphic report of the proceedings, and prepared the minutes thereof: I have never made a charge against the City for the services rendered on behalf of the City after the failure of the Seminole County Bank in connection with the many and various conditions the Commissioners found confronting them after the failure of the Bank. At the meeting of the City Commission on February 13th, 19292 I stated that it was not my intention to render any statement covering my services, and that if the City felt disposed to do so, I would appreciate it if they would allow me five months salary at $150. per month for the services of Miss Eubanks covering the period of time that she performed stenographic work for me on behalf of the City. By the unanimous action of the Commission:, it was ordered that I be paid the sum of $750.00 in refund of salary in like amount paid Miss Eubanks. During the same period of time that I gratmitously performed legal services' for the City, and employed practically constantly the services of Miss Eubanks, Mr Lucien H Boggs was serving as Associate City Attorney, and had repeated conferences with me and the Commissioners relative to many matters to which I had given my undivided time and attention without cost to the City, and for the services render6d by Mr Boggs, he was paid a substantial fee. As Mr Speer saw fit to criticize the payment to me of this item of $750.00, in order to correct any erroneous impression as the result of his remarks, I respectfully request that this letter be spread in full upon the minutes of your body. Very respectfully yours, DeC :G George A DeCottes.§ Upon motion of Commissioner Speer, seconded by Commissioner Newman and unani- mously adopted, the following 1927 and 1929 personal taxes were cancelled for the reasons given: 1927 Personal Taxes Albert Hall Error in Assessment 2.25 M B Hutton It " " 37.23 1929 Personal Taxes. C D Wolfe Assessed on wrong model car 1.50 F J Graves Sanford Printing Co. D Willingham W cdaalmn s A R H Shaffer Assessed on personal property owned by another and assessed against another Double Assessment ( G B Smith No personal property in City an 1,1929 This is assessed to C H Shaffer also. 16.50 24.00 1.50 12.00 4.00 The request of G W Spencer Jr. to be allowed to redeem all delinquent taxes against Lot 10 Blk 10 Tr. D, Sanford, for a flat sum of $50.00, action upon which was deferred from a previous meeting, was again brought up for action, and upon motion by Commissioner Gray, which was aeeoinde&1y Commissioner Newman and unanimously adopted, the request was refused. Invoices and payrolls for the month of January 1929, properly audited and vouchered by the Accounting Department, were presented, examined and approved, and the Clerk ordered to draw checks in payment for same. Financial st atement and statement of revenues and expenditures for the month 1 —1 MINUTES CITY COMMISSION, SANFORD, FLORIDA— FebruarV 11,_ 92g 2 P M 19� of January 1929 was submitted and examined. Report of the City Manager for the month of January 1929, was submitted and examined. 1 Bank statements in all accounts for the month of January 1929 were submitted r and examined. There being no further business,the meeting adjourned, subject to call. 1 Attest: City Clerk. 1 C7 1 !LCl4/9 l/ y 31.