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011154-Regular Sessioni$0 MINUTES City Commission, Sanford, Florida, January 11 at 8 P.M. lo 54 The City Commission of the City of Sanford, Florida, met in regular session at the City Hall in the City of Sanford, Florida, at 8:00 o'clock P. M. January ll, 1954. Present: Commissioner Earl Hlgginbotham, Mayor " J.D. Cordell " John L. Kadet " John S. Krider " W. H. Stemmer City Attorney A. Edwin ~hinholser City Clerk H. N. Bayer City Manager Thcs. L. Lemon Chief of Police R. G. Williams Nesting called to order by the Chairman. The meeting was then opened with Prayer by Rev. David S. Carnifix. Attorney Mack N. Cleveland Jr., next appeared on behalf of Ernest E Bkully, owner and operator of Sanford Cab Company, and requested transfer of permit and license on his three taxicabs to Sanford Transit Company, which is owned and operated by C. W. Elrod who is put- chasing Mr. Skully's taxicab business. Thereupon Commissioner Cordell moved the approval of transfer of the three taxicabs permit and license from Sanford Cab Company to Sanford Transit Company. Beconded by Commissioner Stemper and carried. A Committee with Joel B. Field as spokesman, next appeared on behalf of tH American Legion Fair Association of Campbell-Lossing Post #53 with further reference to their request for City to convey them the property east of the old ball park on Celery Avenue, with appro~i- mately 362 feet frontage and $54 feet in depth, for their permanent fair grounds, and submitted the following written request and oroposal: To the Honorable Mayor and the City Commission of the City of Sanford, Florida: On Beptember 21, 1953, at a regular meeting of Camobell Lossing Post #53, a motion was made, seconded and unanimously carried that the Commander appoint a special Committee to appear before the City Commission of Bsnford. The below named committee was appointed, and t~mt same night (September 21, 1953) did appear before the Commission and asked that consideration be given to their request; that title be given to The American Legion Post #53 to that certain parcel of land on the North side of Celery Avenue bound on by property used by the Agriculture Experiment ration, ~eet by old base- ball park and North by land dedicated for Athletic Activities and now par- tially occupied by Memorial Stadium. This property to be used by Post #53 to erect permanent exhibition buildings for use by the Legion Fair Association. Permanent fireproof, weather proof and theft proof buildings are needed to insure positive locstlon of the Fair and protection for exhibitors who now will not risk valuable merchandise and orooerty in a tent. The property we now use belongs to the Seminole County School Board and private individuals and each year we are uncertain until the Fair is actually held whether or not t.his property will be available. If given title to this property, the Legion will construct a building or buildings of such design and specifications comparable to those now used by Fair Associations in other larger cities, that will be a credit to the Legion and the City of Sanford in appearance. Said building is to be planned for multi-purpose usage, not only to house the Fair exhibits, but easily con- vertible to a convention hall for any reputable organization, to house flower shows, commercial and agricultural exhibitions or demonstrations and most important of all, to house people in a domltory style attending High School Baseball tournaments, band contests, and professional baseball schools and farm team spring training by some Big League Baseball Club. N~nrally this will necessitate kitchen and aanltsry facilities that will be mandatory in connection with the Fair. Another out, cae we hope will never be needed is an ideal disaster shelter in case of hurricanes, tornadoes or other disasters. Gentlemen, it was over three months ago that we appeared before ~he former Commission, and although two of you ha. ye Just been seated, we hope that you are familiar with our request, as widespread publicity was given our appearance at that time. To our knowledge no opposition has been registered to our request. We are quite sure the people of Sanford realize that tM.s property has never produced any revenue and, if improved as above proposed, almost every person in Sanford will be benefited either directly or indirectly in some way. Aa this proposal has been discussed at Legion meetings and among Legion members for years, we feel positive that if deeded this property, so that a loan can be secured to finance the building, we will guarantee that actual MINUTES City Commission, Sanford, Florida, ...~..~...~...~...~...~.:~.: .......... 19.~.. After considerable discussion and on advice of Commissioner Krider that this property will not be needed in the proposed nrogram for expanding the baseball facilities for spring training purposes. Commissioner Kadet moved that t~be City convey it to American Legion Campbell-Loasing Post #53 for the aforesaid purposes for the consideration of $1.O0,conditloned that if a building is not erected thereon in accordance with the terms and conditions of the foregoing proposal within three years the property will revert to the City; and that the City Attorney work out the necessary procedure for handling the reverter provisions. Beconded by Commissioner Stemper and carried. The request of residents on Arcadia Road for street lights was next referred to the City Manager and Chief of Police for survey and recommendations. Application next submitted from Florlds State Bank for permit to construct a marquee over the sidewalk from their building to Park Avenue 15~ feet in length, in connection with a walk-up teller's window, and on motion of Commissioner Stemper, seconded by Commissioner Cordell and carried, same was granted. Letter next submitted from Robert S. Brown tendering his resignation as a member of the Zoning Board of Adjustment in order that he may devote more time in the capacity as a member of the Planning Board, and on motion of Commissioner Kader, seconded by Commissioner Stamper and carried, same was accepted with letter of thanks for services rendered. On recommenation of the membem of the Zoning Board of Adjustment, and on motion of Com- missioner Krider, seconded by Commissioner Stemper and carried, the Commission next appointed J. B. Roxton as a member of the Board of Adjustment to fill the vacancy created by resignation of Robert Brown. Joint letter next submitted from Edward F. Lam and Frank B. Ashdown tendering t~ir resignation as members of the Planning Board because of also being members of the Zoning Board of Adjustment and felt that they should not be serving in a dual capacity. Thereupon Commissioner Kadet moved that t~ir resignation be accepted with letter of thanks. Beconded by Commissioner Krider and carried. Wellborn Phillips Jr., building contractor, next appeared with reference to oroposat to construct twenty-five to thirty 4wellings in San Lanta Second Bectlon west of Locust Asenue and advised that the State Board of Health would not approve septic tanks to serve the dwellingsi because of the elevation being low and soil not passing the perculation test. He then asked for! an indlcation from the Commission as to when and how the City plan to proceed with constructing sewerage facilities to serve this area in order that he might submit it to the State Board of Health with a view to working out a possible agreement so as to continue his dwelling develop- ment. Mr. Phillips suggested that his company install the sewerage facilities and be reim- bursed by the City from the sewer revenue bonds, if there is going to be a delay to provide the facilities under the sewer extension program, but stated that they did not wish to incur such expense if there is a possibility of the City getting into litigation with the State Board of Health because of omission of a disposal plant in the improvements. Engineer Angas then advised that the plans and specifications for extending sewers into Bel Air and San Lanta subdivisions would be completed within a week and also that ap- plication would be submitted to the State Board of Health for approval of plans of Project No. I of the sewerage improvements program, which would include sewers for the area in question. In answer to questions of Commissioner Krider, Mr. Annas stated that he did not know what action the State Board of Health would take toward approving the plans; that if they re- fused to approve them the City could ~o ahead with the improvements and it could then be seen MINUTES $onford, ........... Thereupon Commissioner Krider stated that orobably he was somew~b~t confused with the issue because of being new on the Board, but he felt that the City had too much money invested in engineering services to be guessing as to what the State Board of Health will do and whether or not the City will be able to make such improvements after t~ bonds are sold. Commissioner Kadet then stated t~t he felt it was ~ime for the City to start working with ~he State Board of Health, end moved that the Commissioners c~ll in its representatives and discuss these problems, but same died for lack of a second. After further dlscuesion Comm1~e~ioner Stemper moved that a study be made of the City's Sewerage oroblems by another consultiug englueerlng firm to work in conjunction with the en- gineering firm of Robert M. Annas sn8 Associates, and to make recommendations as to t~ City's needs concurrently with Engineer Angas. Seconded by Commiesioner Krider. The City Attorney then advised the Commission that validations proceeding are now before the Circuit Cour~ on the issuance of $1,175,000.00 of Water and Sewer Revenue Bonds, authorized by Ordinance No. 5~2, and that January 22 ls ~he final date for filing objections thereto. Mayor Hig~i~botham urged the Commission not to take any action that would further delay getting started with the proposed improvements under Progrsm No.lwhlch have already been ~pproved. He stated that such improvements woul~ h~ve to be made even if the City is forced to construct a treatment plant, end pointed out how essential they were to the welfare of the citizens, stating t~at they are the ones that will h~ve to suffer from the delay. Also, that the Commie~on has had these improvements under c onsider~tion for over one ~nd one-half years and he did not feel ~Ike wasting any more time in getting started, nor any more money on engineering fees. Commissioner Cordell concurred with Nsyor Hig~lnbotham, stating that the Commission know how muc~ money they will h~ve to spend and s~ould go ahead with the improvements until the State Bo~r8 of Health stops the work. After further discussion the roll wss called on the motion of Commissioner Stemper, which carrY, ed over the dissenting vote of Commissioners Cordell and Higginbotham. Nervyn Ozier of Ozier-Weller Homes, Inc., next reported that he ha~ received a cor- rected letter f~om Feder~ Housing Administra~ion advising ~hat they will be unable to accep~ aoolicstlons for mortgage insursnce in Bel Air and San Lanta Second Section subdivisions until such time these areas c~n be served by the City's sanitary sewers, stating that FHA is not concerned with the State Board of Health'e aoprovsl of municipal sewerage systems, but only septic tanks and private sewerage facilities. Mr. 0zier reminded the Commission again that he already has three 8welllngs completed that he is unable to sell because the State Board of Heslth will not ~pprove septic tanks for the area and thee are no City sewers available to connect to, and of his plans to construct twenty-one more dwellings in the same area, bu~ would have to abandon the project unless sewerage facilities are installed. He then requested the Commieslon to take immediate action to expedite the e~tension of sewers into the areas in Guestion, stating that he would be willing to pay the fees for sewer $~ps in advance and felt that Wellborn Phillips, Jrt, wou~ ~o the s~me. Consideration wee then given to possibility of City using its own crews to extend sewers to the housin~ proJecte of Ozier-Weller Homes, Inc., and Wellborn Phillips, Jr., in order that both may continue their housing program, and after discussion and advice of Engineer Angas that the City do not have the necessary equipment to install the 15" trunk line because of its depth, which could be contracted at appro×Imately cost of $13,000.00, but could use crewe to inst~ll the laterals at aooro~imate cost of $22,000.00 Commissioner Krider moved MINUTES 183 City Commission, Sonford, Florida, ...~.a...~.~.a..~...~....1...1.....a.~...B.....P..:....~..: ........... 19...~.~' Commissioner Stemper next brought up matter of either dismissing or continuing the bond validation proceedings pending in Circuit Court until such time the City can determine the extent of the sewer improvements and the necessary amount of bond issue. Commissioner Krider then asked ~e City Attorney that if it should appear necessary or desirable that additional improvements be included in the sewer p~ogram, would the City have to wait for two years before issuing additional revenue certificates for such improvements under the present ordinance. Thereupon the City Attorney quoted from Section "L" of said bond ordinance No. 532 which provides for"issuance of peri passu additional certificates", and stated that it was his opinion that additional certificates could be issued up to December l, 1955, upon certification of the consulting engineer of the necessity of the certificates, and additional pledge of the utility tax to provide 25 time coverage, and the validation of the additional issue. In answer to question of Commissioner Kadet as be amended to include add~tlonal revenue certificates, a question for the New York Bond Attorneys, but it was entire new ordinance instead of an amendment. to whether the oresent ordinance could the City Attorney advised tM this was his opinion that they would prefer an After further discussion and in order to defer further action by t~ Commission on the sewerage improvements and bond validation proceedings until the foregoing opinions of the City Attorney could be affirmed by the Fiscal Agents and New Bond Attorneys, Commissioner Stemper moved that the time to which this regular meetS, hq shall adjourn will be 8:00 P.M. January 15, 1954. Seconded by Commissioner Krider and carried over the dissenting vote of Commissioners Cordell and Higginbotham. Chas. V. Atkinson of Atklnson & Williams, who are constructing a business building at northease corner of 25th Street and Park Avenue extension, next apoeared and submitted request to remove the curbing in front of the building and along the 25th Street side in order to pro- vide parkirk~' facilities for the patrons of buainesees that will occupy the building. Mr. Atklnson also submitted a sketch of recommendations for changing traffic regulations at this intersection by cutting the existing triangle park in the intersection back to minimum of 24 feet in width at north end, or, provide a traffic lane diagonal across the park. After discussion the request for removing the curb was referred to the City Manager and Chief of Police to conduct traffic test and make recommendations; and to contact all ad- Jacent property owners relative to reaching an agreement on the proposed changes in traffic regulations. Applicatlm next submitted from Samuel Fulton to rent the second parking space et south- west corner of Sanford Avenue and Third Street for his taxicab, and on recommendation of Chief of Police, Commissioner Co,dell mov~ the approval of same. Seconded by Commissioner Krider and carried. Ordinance No. 596, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SECTION 3, OF ORDINAMCE NO. 256. PASSED AND ADOPTED ON THE 28th DAY OF JUNE. 19~7, SAME BEING AN OPJ)INANCE REGULATING THE MANUFACTURE, DISTRIBUTION AND SALE IN THE CITY OF SANFORD, FLORIDA, OF BEVERAGES CONTAINING MORE THAN ONE (1%) PER CENTL~ OF ALCOBOL BY WEIGHT, AS AMENDED BY ORDI- NANCE NO. 360, AND ORDINANCE NO. ~92, AND ORDINANCE NO. $71, SAID SECTION 3 DESIGNATING A ZONE IN W~ICH THE BUSINESS OF DISTRIBUTING OR SELLING SAID BEVERAGES MAY BE ENGAGED. introduced and placed on first reading at regular meeting of December 28, was nest placed on its final reading. Thereupon the roll was called on the final passage and adoption of said Ordinance No. MINUTES c ty Commission, Sonford, F or do, ........... The Chairman then announced that the City Commission of the City of Sanford, Florida, by unanimous vote ~bad passed and adopted said Ordinance No. 556, entitled: AN ORDINANCE OF i~E CITY OF SANFORD, FLORIDA, AMENDING SECTION ~, OF ORDI~NCE NO. 256, PASSED AND ADOPTED ON THE 28th DAY OF JUNE, 1937, SAR~ BEING AN ORDINANCE R~GUI~TING THE MANUFACTURE, DISTRIBUTION AND SALE IN THE CI~ OF SANFORD, FLORIDA, OF BEVERAGES CONTAINING MORE TPL~N ONE (1%) PE~t CENTUM OF ALCOHOL BY WEIGHT AS AMENDED BY ORDINANCE NO. 360, AND ORDINANCE NO. 392, AND ORDI~fANCE NO. ~?l, SAID SECTION 3 DESIGNATING A ZONE IN I~ICH THE BUSINESS OF DISTRIBUTING OR SELLING SAID BEVERAGES MAY BE ENGAGED. Commissioner Kadet next introduced Ordinance No. 537, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING SCHEDULE NO. 4 OF ORDINANCE NO. 442, PASSED AND ADOPTED DECEMBER 29, 1958, AS AMENDED BY ORDINANCE NO. 519, SUCH ORDINANCE BEING THE TRAFPIC ORDINANCE, AND SUCH SCHEDULE DESIGNATING THROUGH STREETS, BY DESIGNATING A PORTION OF THIRD STREET AS AN ADDITIONAL THROUGH STREET. and sa~e was plsced on its first reading and read in full. Minutes of reFular annual meeting of January 5, next read in full by the Clerk. Thereupon Commissioner Krider questioned the procedure in which the aforesaid meeting was conducted after Commissioner Higrinbotham had made a motion that the nominations for Mayor be closed, which had been seconded by Commiss!oner Cordell. He stated that it was his opinion the motion was still before the Board, pending roll call for vote, and t~hat all subsequent action of the Commission at this meeting was illegal because of being out of order. Commissioner Cordell concurs, ed with Commissioner Krider, stating that he felt the pro- cedure was illegal. Commissioner Stamper stated that he did not recall the motion in question as appearing in sequence as shown in the minutes. After further discussion, the City Attorney rendered an opinion that the results were a legal binding conclusion, even if the procedure was incorrect. Thereupon the roll was called on the approval of the sa~ minutes of regular annual meeting of January 5, the vote being as follows: Commis~.loner Higginbotham Aye~ " Cordell Naye " Kader Aye " Krlder Nays " Stemper Aye Commissioner Krider stated that he voted "Nays" because he still felt the procedure was illegal. Commissioner Cordell next moved that the City Attorney be authorized and directed to prepare an appropriate Resolution in recognition of services of Randall Chase and John D. Ivey during their tenure of office as C'ty Commissioner. Seconded by Commissioner Stamper and carried. On motion of Commissioner Stamper, seconded by Commissioner Kadet and carried, current invoices and payrolls, ss evidenced by Vouchers Nos. 628 thru 680, were next approved. The following bid next submitted to furnish from one to thirty cars of limerock, delivered at Sanford, in accorda~o~e with invitation for bids published in the Sanford Herald: Ocala Limerock Corporation, Ocala $2,154 per ton In view of no other bids having been received, Commissioner Krider moved that the contrac~ be awarded to Ocala Limerock Corporation. Seconded by Commissioner Kadet and carried. The following bids ne~t submitted for furnishing from 5,000 to 60,000 gallons of RC-1S Cutback Asphalt, delivered at Sanford, Sanford Herald: Shell Oil Company, Jacksonville Mezican Petroleum Corp., T~l!ahassee in accordance with invitation .1211 per Ssme for bids published in the 2% cash discount within 10 d~ys. MINUTES 185 City Commission, Sanford, Florida, ..~..~.~.,~.~r.¥...,~.l....~,...8...?..:..~..: .............. 19~...~.... The following bids next submitted for furnishing from 5,000 to 20,000 gallons of NC-1 Cutback Asphalt delivered at Sanford, in accordance with invitation for bids published in the Sanford Herald: Shell Oil Company, Jacksonville .1211 per gal - 2% - l0 days Mezican Petroleum Corp., Tallahassee Same Commissioner Stemper moved that the contract be awarded to Shell Oil Company of Jacksonville. Seconded by Commissioner Krider and carried. The following bids next submitted for furnishing from one to thirty cars of No. ll and No. 15 Slag, delivered at Sanford, in accordance with invitation for bids published in the Sanford Herald: Florida Crushed Stone Company, Ocala Birmingham Slag Company, Birmingham, Thereupon Commissioner Krider moved #11 Slag #15 Slag $3.906 per ton ~.~56 per ton Ala. #11 Slag #15 Slag $.~62 per ton ~.$62 per ton that t~e contract be awarded to the lowest bidder that of Florida Crushed Stone Company. Seconded by Commissioner Cordell and carried. The Chief of Police next reported that J. E. Jones, who was issued City License No. 405 for fiscal year 1953-1954 as a vendor of beer and wines at 311 Sanford Avenue, was arrested on January 10, for violation of Section 9-A of Ordinance No. 517, which prohibits sales of such beverages on Sunday, and was also arrested on charge of keeping disorderly place, and forfeited bonds on January 11, for failure to appear to answer such charges in the Municipal Court. He then recommended that his license be revoked because of the aforesaid violation. Thereupon Commissloner CorSell moved that the Commission revoke City License No. $05 issued J. E. Jones as a vendor of beer and wines because of his violation of Section 9-A of Ordinance No. 517, and that he be notified of such revocation and be given an opportunity to appear before the City Commission at regular meeting of January 25, to show cause why this license should not be revoked. Seconded by Commissioner Krider and carried. On motion of Commissioner Stamper, seconded by Commissioner Kadet and carried, the Commission next authorized the use of the parking meters for collecting dimes through public contributions during the March of Dimes Drive to combat polio. Letter next submitted from Municipal Judge Volie A. Williams, Jr., with reference to an appeal pending in Circuit Court by Blanch Takach, now deceased, who was convicted in Municipal Court on October 22, 1948, on c~harge of petit larceny and fi ned $50.00 and cost. He recommended that this fine be remitted since the law provides that the death of a person convicted of an offense abates the fine. Thereupon Commissioner Stemoer moved that the Commission remit the aforesaid fine assessed against Blanche Takach, in accordance with the r~eoommendation of the Municipal Judge. Seconded by Commissioner Krider and carried. There being no further business the meeting then adjourned until 8:00 o'clock P.M. January 15, 1954. ATTEST: C1tv MINUTES City Commission, Sanford, Florida, ..~.?...n.?..?...~.~....1...~....a..~...~...~.:.....~..: ............. 19...~?.. The City Commission of the City of Sanford, Florida, met in regular adJouned session at the City Hall in the City of Sanford, Florida, at 8:00 o'clock P. M., January 15, 1954. Present: Commls~loner Ear~ Higg~nbotham, Mayor " J.D. Cor~ell " John L. Kadet " John S. Krider, Sr., ,, ~ H.~ Stemmer City Attorney A. Edwin Shl. nholser City Clerk H. N. Sayer City Manager Thos. L. Lemon Meeting called to order by the C~irman. The City Attorney then gave t~ following report on telephone conversation with the Fiscal Agents and Bond Attorneys with reference to the opinion rendered by him at regular meet- ing of January ll, in answer to question raised by the Commission: QUESTION NO, I: Should it aOpe~r necessary or desirable that additional improvements be included in the sewer program, could psrl-oassu addltlo'nal certificates for those improve- ments be issued under the present ordinance Im~edlntely at the conclusion of the present vali- dation proceedings? ANSWER BY FISCAL ~GE~S: Yes. The present ordinance and validation proceeding wou~ permit issuance of additional certificates at any time hereafter, requirements being the certi- ficate of Engineer (which was described as routine), additional pledge of utility tax to pro- vide 2~ time coverage, and validation of additional l~sue which would require additional vali- dation proceedings. Mr. Nelson stated that a separate issue would involve additional cost, and that the market would probably not be as favorable as if handled in one unit. His recom~oendatlon was t~h~t if additional amount was definitely to be authorized in the next ~ or 5 months, it would be desirable to include all at one time. QUEST.ION NO, 2 If final conclusion were made to include additional improvements and issue a larger amount of certificates before the pending validation suit is completed, would it be more desirable to amend the present ordinance and proceedings or dismiss those pending and start with a new ordinance and validation proceeding? ANSWER BY BOND ATTORNEY If additions were made, the present proceeding should be dis- missed and complete orocee8ing from the ordinance on should be had. Also that there was legal].y no objection to continuance of the hearing of January 22nd from time to time if desired. The City Attorney then rendered his report of recommendations in which he stated that in light of the above legal conclusions and weighing ali factors, that it was his opinion and recommendation that the interest of the City will beat be served at this time by continuing to its earliest possible conclusion that part of the program which is already in process, and that the sole purpose of this recommendation was to give, as impartially as he could, an opinion as to the best course for t~ Commission to follow under the existing circumstances. Thereupon after considerable discussion Comml~sioner Cordell moved that all present proceedings be contihued as presently in process. Seconded by Commissioner Krider with request that it be noted that he would also vote favorable for a treatment plant if the new consultant engineer's report recommend that it is needed and will treat a majority of the sewage, and that it is a pratical expenditure for the City. After further discussion the roll was called on the motion of Commissioner Cordell, which carried over the dissenting vote of Commissioners Kader and Stamper. Commissioner Kadet stated, "I voted nays because it is going against the recommendations of the fiscal agents and bond attorneys".