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042444-Regular Session MINUTES CITY COMMISSION, SANFORD, FLORIDA, A~_..t_1_ 1944 The City Commission of the City of Sanford, Florida met in regular session at the City Hall in the City of Sanford, Florida, at ?:30 o'clock P M. April 24,1944. Present: Commissioner Edward Hlgglns, Mayor " George D.Bishoo " H.Jam~e Gut " W.C.HIll , M.J.Lodge City Attorney Fred R. Wilson City Clerk H N Sayer Chief of Police R.G.Williame Meeting called to order by the Chairman. Minutes of adjourned meetings of March 21 and 23, regular meetings of March 27 and Aorll 10 and adjourned meetings of April 11 and 13,1944, next read and approved. Mr Garland W. Soencer, Attorney , next appeared with further reference to the bivil Service System for City employees, ss provided under Ordinance No.349, which was placed on its first reading at the regular adjourned meeting of April 13,1944, advising that ha had been employed as Couaaelfor the Police and Fireman's Association to represent ~bem in the matter , and that they object to not having a member of their departments represented on the Civil Service Board. Attorney Spencer also stated that the City had no legal authority to create s Civil Service System for its employees. City Attorney Wilson then advised the Board that in his opinion the City Cpm- mission has legal authority to create the Civil Service System se proposed by Ordinance No.399. Mayor Higgins then advised that he had emoloyed Attorney Geo.A.DeCottes to render the City a legal opinion in the matter, and on motion duly carried, same was anoroved. Thereupon City Attorney Wilson read the legal ooinlon rendered by Attorney DeCottes, as follows: "April Hon, City Commission of Sanford, Florida City. Dear Mire: At the request of your City Attorney .Hon. Fred R. Wilson, I have given con- sideration to Chapter 174, Florida Statutes Annotated, and to a proposed ordinance of the City of Sanford, creating a Civil Service System designated as Ordinance 349 for the purpose of the rendition of an opinion as to whether the City of~anford Florida, through its governing authority has authority to adopt the ~rooosed ordinance creating a Civil Service System for all employees of the City of Sanford, except temporary employees, part time employees, and employees engaged in common labor. Chanter 174 of the Florida Statutes Annotated nrovldes for the constitution of the members of the Police and ~ire Departments of any city or town in Florida not having a oonu]ation of more then 125,O00, as Civil Service emnloyees, upon the adoot- ion of the ~rovisions of said Chaoter by a majority vote of the electorate of any municipality in an election duly called by the governing authority of any municioalS- ty of less that 125,000 oooulation. Paragraph 174.26 of Chapter 174 of the Florida Statutes Annotated expressly provides that none of the provisions of said Chapter shall be construed as repealing any provisions of any municipal charter, except those carts of charters so in conflict with the orovisions of said Chaoter 174 as to orevent the operation thereof after its adootion by referendum ~lection, and further orovides that the provisions of said Chaoter 174 shall be construed to be in addition to said charters, except those ~arts thereof not reconcilable with the orovlsions of Chapter 174. It will be noted that Chapter 174 anolies only Police and Fire Departments of a municipality, and does employees. to the members of the not embrace other regular Chapter 9897, Laws of Florida, 1923, same being the City Charter of Sanford. Florida , 0rovides that the City Commission shall anoolnt a City Attorney, a City Clerk and Assessor, a Tax Collector, a Chief of Police, and a Chief of the Fire Department, and a City Physician. 484. MINUTES CITY COMMISSION, SANFORD, FLORIDA,, Agril at 7:'$0 P M 19 4b With respect to the personnel in the Police Department and in the Fire Department, Sections $1 ahd 45 of Chapter 989? provides that the employees in both the Police Department and in the Fire Department shall be aonointed by the respective heads of these two departments with the approval of the City Commission. Section 134 of Chapter 9~9? provides: "The City Commission shall have the cower to create other offices and to provide b~ ordinance for the election or aooointmen~ of such officers, as may in their Judgment be necessary for the good government of the City #~#***". Section 132 of Chapter 9897 provides: "Ail general laws of the State applicable to municipal corporations now or which may have to be enacted and which are not in cbnflict with the provisions of this charter or with the ordinances or resolutions hereinafter enacted by the City Commission shall be aoollcable to the City; provided, however, that nothing contained in this charter shall be con- Strued as limiting the oo~e,E of the Cit Commission to enact any ordinance or resolution not in conflict ~ State With with the onstitu~'{on of the or the express provisions of this charter." Section 13 of the proposed Ordinance No. 349 reserves unto the City the appoint- ive cower of all officers ~nd employees of the City, restricting however such appoint- ments to eligible lists to be f~rnished the City Commission by the Civil Service Board. The power of appointment of all officers, and certaln employees of the City, is expressly conferred upon the City Commission by various provisions of Chapter 989Y- The prescribing of the manner of their appointment comprise functions which the governing authority inherently has the right to exercise. It is a well recognized orlnciole that a governing body may enact laws provid- ing that appointments to public offices or positions shall be based on merit and fitness determined by competitive examinations. The main consideration in the selection of officers an~ public emoloNees is the public welfare. The governing authority, like any other principal, may determine for itself the method of choosing those whose appointments would best subserve the public good. The expediency of adopting civil service regulations, as well as the wisdom of the means established by which fitness may be ascertained, is recognized to be a question determinable solely by the governing authority of a municiDality. The provisions of the proposed Ordinance No. 349 merely prescribes the method and procedure to be followed by the City Commission in appointing its officers and certain employees, and does not abrogate any of the appointive cowers of the City Commission conferred upon that body by Chapter 9897. It is our opinion that the proposed civil service ordinance is not unconsti- tutiona! in any of its provisions, does not contravene any general law of the State of Florida or any of the provisions of the charter of the City of Sanford, Florida, and that the governing authority of the City of Sanford, Florida, under the pro- visions of its charter Is duly authorized and empowered to adopt said ordinance. GAD/ci Yours truly, George A.DeCottes." Attorney Spencer then requested that final passage end adoption of said Ordinance No.349 be carried over until the next regular meeting,in order theft he may have sn opportunity to confer with his clients with respect to any futher action in the matter. Thereupon Commissioner Gut moved that Attorney Boencer be allowed to represent the Police and Fireman's Association in a legal capacity in the matter of the proposed Civil Service System and that Ordinance No. 349 be withheld from its final reading at this meeting. Seconded by Commlseloner Hill and carried u~animously. Application next received from Fred Johnson, colored, for permit to construct a five room concrete block dwelling on Lot 4 Block 9 Tier l, E.R.Trafford's Mac,located on west side of Sanford Avenue between Seventh and Eighth Streets, which is in the fire zone. Application approved. The Clerk ne~t reported that the roof on the bandehell is in very bad condition and needs replacing. MINUTES CiTY COMMISSION, SANFORD, FLORIDA, A~ril 24, at P M 19__44 make recommendations for the necessary ten. irs, such work to be contracted by obtaining bids to be presented at the next meeting. Bill of A.P.Connelly & Sons Inc. In amount of $115.60 covering renewal of Fire and Theft Iusurance on the City's fleet of automotive equioment for the en- suing year, next presented, and on motion of Commissioner Bishop, seconded by Commissioner Lodge and carried, same was approved and payment authorized. Bill of Glidden Company, Orlando, in amount of $71.o5 covering materials used in nainting the water tank and tower at the municinal water plant, next presented and on motion duly carried, same was aonroved and payment authorized. On motion of Commissioner Hill, seconded by Commissioner Gut and carried, the Clerk was next authorized to have Lithonrint Comnany, New York, reoroduce the large city map on tracing cloth at a scale of 400 feet to the inch at a cost of $30.50, furnish one cony on opaque cloth at a nrice of $30.50, four conies on cloth at $1~.OO and one hundred copies on naner at $1Ol. OO. These mans being needed in connection with Zoning the City. ~ommunication next read from Uommander O.P.Smoot, Commanding Officer of the Sanford *~aval Air Station, requesting that siena be taken to eliminate the fire hazard existing at the Standard Oil Comoany's terminal station on Seminole Boulevard, which is caused by a high growth of grass and weeds on the surrounding Oronerty. *hereupon Fire Chief Cleveland was directed to notify the owners of the aforesaid property to clean off th~s growth immediately. On motion duly carried, the Clerk was next directed to notify the owners of the gasoline service stations located on the corners of Park Aveuue and. Commercial St., Second and Third Streets to burn the elgn lights on the parkway in front of such stations all night in accordance with the agreement at the time the statior~ were erected, otherwise the signs will be replaced by the City with the whiteway lights that were removed in order that these signs could be installed. ~onsideration next given to the ma t~er of haying overtime to employees who are paid on a monthly basis. Thereupon after considerable discussion, Commissioner Bishop moved that in cases of emergency where employees are required to work overtime, that the City comnensate all emoloyees for such work. Seconded by Commissioner Gut and carried. Communication next read from Dr. Geo. Starke requesting the City to continue pay- ing the rent on building at 500-504 Banford Avenue for the duration of the existing war, which is being used as a recreation center for both colored service men and civilians. Thereupon after careful consideration, and on motion duly adooted, the Commission authorized payment of rental on the aforesaid building thru the month of Seotember,1944. Consideration next given to the matter of employing an additional nolice patrolman during the existing emergency. Thereupon after considerable discussion, Chief of Police Williame was author- ized to emoloya man, subject to the aonroval of the Commlesion. There being no further business the meeting adjourned. Attest: MINUTES CITY COMMISSION, SANFORD, FLORIDA~ l~ay 8 at 7:~O P M 19. 44 The City Commission of the City of Sanford, Florida, met in regular session at the City Hall in the City of Sanford, Florida, at 7:30 o'clock P M. May 8,1944. Present: Commissioner Edward Higgins, Mayor. " Geo. D. Bishop " H.James Gut " W.~.Hill City Attorney Fred R,Wilson City Clerk H.N.Sayer Uhief of Police, R.G. Williams Absent: Commissioner M.J.Lodge. Meeting called to order by the Chairman. Current invoices and payrolls for the month of April 1944, nrooerly audited and vouchered as evidenced by Voucher Nos.6723 thru 6792, submitted, examined, approved and nayment authorized. Monthly reports of Streets, Sanitation, Health, Water, Police,Fire,Library and Golf Departments for the month of April 1944, submitted and examined. Financial statement and statement of revenues and expenditures during the month of April 1944, submitted and examined. Sank statements in all accounts for the month of April 1944, properly reconciled, submitted and examined. Bids next received for furnishing labor and materials for re-roofing the City's repair shop building, aS follows: F.A.Dyso~ 1 layer of 15 lb. asphalt felt with two moppings of hot asphalt $880.00 2 layers of 15 lb. asphalt felt with three monoings of hot asphalt 1,560.OO FtM.En~llsh I Layer of 15 lb. 9sohalt felt with two moppings of hot asphalt ( 3 year guaranteet 2 Layers of 15 lb. asphalt felt with three moppings of hot asphalt ( 5 year guarantee) F.B.Ashdown ~pply one primer coat and one coating of Sa{ii.hiD Asbestos Roof Coating , ( 7 year guarantee) 927.10 Thereupon after careful comparison of prices submitted and the quality of ma- terials bid upon, Commissioner Bishop moved that the bid be awarded to F.M.English for installing one layer of 15 lb. asphalt felt with two moppings of hot asphalt at a price of $680.00. Seconded by Commissioner Gut and carried. The following bid next received for reoa~ring and re-roofing bandshel~.roof: ~?~.Dyson Remove present roof covering and install 3-ply built-up roof. $120.00 Raise center of roof for proper drainage and install 3-ply built-up roof. Approx. $200.00 Thereupon after careful consideration, and in view of no other bids having been received, Commissioner Hill moved that the bid be awarded to Mr. Dyson for raising center of bandshell roof and install 3-ply built-up roof at a cost of approximately $200.00. Seconded by Commissioner Gut and carried. 680.oo 1,190.oo