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