Loading...
050955-Regular Session MINUTES May 9. at 8 P. M. City Commission, Sanford, Florida .............. ~.. ................................................ 19.~... The City Commission of City Hall in the City of Sanford, Present: the City of Sanford, Florida, met in regular session at the Florida, at 8:00 o'clock P. M. May 9, 1955. Commissioner J. D. Cordell, Mayor " John Krider, Sr., " Jack Ratigan " F.D. Scott City Attorney A. Edwin Shinholser City Clerk H. N. Bayer City Manager W. E. Knowles Chief of Police R. G. Wil-'lams Absent: Meeting called to order by the Chairman. On motion of Commissioner Krider, seconded of regular meeting of April 25, 1955, approved. Comm~sioner Earl Higginbotham by Commis.~oner Scott and carried, minutes Petition next submitted from twenty-six residents within radius of two blocks of the park in Wynnewood Subdivision, requesting the City to fill the pond in said park because of it being hazardous to the children in the neigh~orhood, and also a breeding ground for mosquitoes and snakes. The City Manager then advised that it would be too expensive to fill the pond im- mediately, but that it could be filled over a long range program from street sweepings and sur- plus dirt from new streets withou~ much expense to the City. After discussion, and upon advice of the City Attorney that the City has legal authority to fill the pond if it is declared a health menace, Commissioner Krider moved that the City take steps to fill the pond from street sweepings and surplus dirt. Seconded by Commissioner Ratigan an~ carried. Attorney Gordon Frederick next appeared and registered a complaint against Municipal Judge John G. Leonardy for the manner in which he conducted the Court in the case of City of Sanford vs David Pringle, tried in said Court on Nay 9, 1955, in which he was the attorney for the defendant. Mr. Frederick claimed that the Court denied the defendant his constitutional rights to present his defense by refusing to let him testify, and passed Judgment and sentence after denying due process of law. He stated that as a result of such procedure the defendant is now confined in Jail because of no money to pay the fine or appeal the case. Chief of Police Williams then advised the Commission, that after Attorney Frederick accused the Court of an unfair trial, he offered to relesse the defendant to him with request that the case be re-opened, but he would no~ consent to it. After considerable discussion Attorney Frederick was requested to submit bis complaint in writing, and the Commission directed that a hearing be held to consider same at the next regular meeting withall witnesses present. A. C. Doudney, registered land surveyor, next submitted plat of Dreamwold Marion Section, re-plat of portion of Block 19 of Dreamwold, and on motion of Commiss'oner Krider, seconded by Commissioner Scott and carried, same was aD,roved subject to approval of the City Manager. Engineer Robert M. Angas Next appeared a~i gave a progress report on construction ~ the water and sewer improvements, advising that all the contracts had been completed except ~, 5 and 6. He also advised that the plans and specifications for Contract No. l0 would be completed within a week and ready to~vertise for bids, upon authorization of the Commission. After discussion, and upon advice of Engineer Angas that the specifications would be wrltten so that any phase of the work, or all of it could be acce~ted or rejected by the City, MINUTES 395 City Commission, Sanford, Florida, Ma~. ~. at 8 ?, Mo 19~.~. Engineer Angaa next reported that the new water tank had been placed in ooeratlon on trial test, and that due to friction l~s in pipe line it was going to necessitate c~osing thc valvc on the tank at the pumping station while filling the new tank. He then recommended installing an electric valve for the tank at the pumping station, which will have to be opened and closed several times daily. Action deferred, pending further trial test on operation. Engineer Angas next submitted the following letter relative to constructing the sewer line on Bay Avenue between 2bth an8 £Sth Street after it had been eliminated from the sewer extension program by action of the Commission at meeting of February 21, 1955: May 6, 1955 Honorable Mayor and C~ty City of Sanford Florida. Commiss! on Gentlemen: be Mr. Warren L. Knowles, your City Manager, has asked me to/present at the Commission Meeting on Monday evening, May 9th, and explain why the sewer was la~8 in Bay Avenue, North of Twenty-fifth Street. At a meeting of the Commission February 21st, at which I was oresent, there was some 81scussion ~bout the Bay Avenue line an~, at that time, it was ~e- cited by the Commission to defer its construction until more of the other contract work had been completed when we could then see if funds would be available. We were, however, never notified in writing and never received a copy of the Commlss~.on minutes as to the decision made at that meeting. During the next week or two following the meeting, Mr. Ne~an went over ali_ work in Sanford and estimated every llne which could be eliminated with- out leaving any houses un-serviced. His estimates showed that the following eliminations could be ~de: 1. Line in the easement between Willow and Bay Avenues. The Bay A~enue line Would serve the two houses She line in the ea~emen~ w~s-suppose~ to serve. A saving of ........ - - 2. The Sanford Avenue line. Mr. LaGrone, the contractor's Superintendent, cleaned out the existing line in the alley betweeh Sanford Avenue and Palmetto Avenue and found it was in fair con- dlt~on and usable. This enabled us to eliminate the Sa~ford Avenue line and same ..... $1,580.00 g,839.80 5. The Cleaning out of the line in the ease- ment aforementioned enabled us to eliminate a Palmetto Avenue line and save ......... 3,b98.80 4. Re-study of the lines running South from Twenty-second Street between Chase Avenue and Maple Avenue enabled us to shorten those lines and save - - 208.00 5. Location of the sewer outlet at Jim Spen~r's Restaurant enabled us to save 100 feet of the Hi- awatha Avenue line and save ........ 1,150.00 TOTAL SAVINGS BY ELIMINATION $11,5~6.60 As the estimated cost of the Bay Avenue line was $5,126.00 and we saved, by eliminations, more than twice that cost, we decided we were Justified in constructing that line. Income from t~ eight ho~ es it serves will more than pay the interest on its cost. Yours very truly, ROBERT M. ANGAS ~ND ASSOCIATES $/ Robert M. Angas Commissioner Krlder then asked Mr. Angas if he felt he had aut!ority to place the aforesaid sewer back in the program without the approval of the Commission. In reply, Mr. Angas stated that he thought he had authority to make minor changes that are advantageous to the City, but that he did not authorize this change himself and had no knowledge of the sewer b~ing constructed until receiving a report from his Chief Insoector, David K. Newman. Mr. Newman, who was oresent, then said that he placed the sewer back in the contract and authorized its construction after affecting the savings outlined in the foregoing letter, MINUTES City Commission, Sanford, Florida, May 9 at 8 ?. M 19 55 the contractor for constructing the sewer, due to not being authorized by the Commission, the City Attorney advised th st it was a legal obligation since it was authorized by a representative of the City. Commissioner Krider then moved that the Commission rescind its action of April 25, to withhold payment for construction of the sewer line on Bay Avenue. Seconded by Commissioner Scot~ and carried. The City Manager was next directed to notify Engineer Angas by letter that in the future when certain phas~ of the sewer program have been ellminsted by official action of the Commission, they s ball not be placed back without the approval of the Commission. Jas. H. Crsppe next submitted a request for the residents on West side of Mellon- rills Avenue between 2$th and 25th Streets for the City to extend two sewer lines from the new sewer main on Bay Avenue to the back of their property instead to run a line approximately 168 ft to said sewer, stating that necessary easements. After discussion the request was referred to the mendatlon. of requiring each one of them they would furnish the City the .prepare an easement for road lotion that it be termloated ceases to be used for s road. City Manager for survey and recom- On motion of Commissioner Krider, mission next approved the Mayor's re-apoointment of C. L. Readding as a commissioner of Sanford Housing Authority for a four year term, commencing May 20, 1955. On motion of Commissioner Scott, seconded by Commissioner Krider and carried, the Commission next appointed the following as the five menbers of the Building Board of Adjustments and Appeals, in accordance with Section lll.1 of the Building Code: Lowell E. Ozier, Architect, for term of one year W. A. Kratzert, Engineer, for term of three years F. B. Ashdown, General Contractor, for term of two years E. C. Harper, Electrical Contractor, for term of two years Roy Wall, Plumbing Contractor, for term of one year. The City Manager next reported that under the present requirement of only $2.50 Utility Deposit for residences, a number of water and sewer bills are being left unpaid when the customers discontinue their service and leave the City, and recommended that it be in- creased $5.00. Thereupon Commissioner Ratlgan moved that the requirement for utility deposits be in- creased $5.00 in all cases where the amount is specified for certain types and sizes of ser- vices. Seconded by Commissioner Scott and carried. A. C. Doudney, Surveyor, next appeared on behalf of A. B. Peterson with reference to the authorization of Commission at meeting,[of March l~, to sell him a road rlFht-of-way across the City's well field property lying North of Lake Ada, with reverter clause if it ceased to be used for such purpose. He presented a map showing the proposed road and stated that it would be a public road maintained by the County, which would serve City property as well as other property in the area, and that Mr. Peterson did not feel that he should have to purchase the right-of-way. Thereupon after considerable discussion, in which Mr. Doudney advised that an ease- ment would be satisfactory, Commissioner Krlder moved that the City Attorney be authorized to right-of-way across the property as shown on the map, with stipu- if the road is not contructed within a reasonable time, or, if it Second ed by Commissioner Scott and carried. On motion of Commissioner Rat i~an, seconded by Commissioner Scott and carried, cur- rent invoices and payrolls next approved, as evidenced by General Fund San_ford Atlantic National seconded by Commissioner Scott and carried, the Com- MINUTES 397 Ma~. 9 at 8 P.M. 1955 City Commission, Sanford, Florida, . ...................................................................... Water & Sewer Revenue Fund Sanford Atlantic Bank Vouchers Nos. 18 thru 22; and Water & Sewer Construction Fund Sanford Atlantic National Bank Voucher No. 3?- Chief of Police Williams next reoorted that Attorney Cordon Frederick, who was employed to prosecute several lottery and liwJor cases in Municipal Court, would not accept the cases and carry to conclusion all appeals at a fe~ of $25.00 each, but agreed to handle any appeals at an additional fee of $10.00 each. He then advised that 20 of the cases convicted had already been appealed to the Circuit Cour~. After discussion Commissioner Scott moved that Attorney Frederick be paid a fee of ~35.00 p¢r case for prosecuting and carrying to conclusion all of the aforesaid appealed cases. Seconded by Commissioner Ratl~,~n and carried, Commlasl.on,-r Krlder not voting. The City Attorney next reported on status of the proposed Bill to annex without a referendum, the territory recommended by the Plsnnin~ and Zoning Board, advising that the Bill had been prepared and delivered to the Legislative representatives with reauest that it be pass, ed by 1955 Legislature in accordance with authorization and instructions of the City Com- mission. He advised of recent telephone communication with the representatives in which they stated they would not submit the Bill as presented but offered to compromise by attaching a referendum for approval or rejection by the person residing in the area to be annexed. After considerable discussion, and on motion duly adopted, the City Attorney was then authorized to prepare and submit to the Legislative representatt.ves a substitute Bill with provision for referendum by the qualified electors of the City of Sanford and the persons in the area to be annexed. Such election to be held at the City Hall on the first Tuesday after the first Monday in November, 1955, and the approval or rejection to be determi, ned by the vote of the majority of ballots cast. Letter next[submitted from local office of the State Welfare Board concerning the welfare of the family of Williams Paterson, colored, who is serving a 130-day sentence for being convicted in Munlcipa~ Court on March 25, 1955, for driving while uno, er the influence of intoxicating liquor, careless and negligent driving, and driving with improper brakes. After discussion, in which the Chief of Po] ice gave a brief resume of the criminal record of the aforesaid orisoner, no sctlon was taken by the Commission. Commissioner Krlder next introduced Ordinance No. 555, entitled: AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, VACATING, CLOSING, AND ABANDCNING THE WESTERLY TEN FEET OF A CERTAIN UNNAMED STREET BET;~UgEN LOTS b7 AND $8, OF BLOCK A, OF M. M. SR:ITH'B SECOND SUB- ~..IVIoION, IN THE CITY OF SA~.!FOPd), FLORIDA. and saguaros placed on its first reading and read in full. On motion of Commlsslon~r Scott, seconded by Commissioner Krider and carried, the City Cl~rk and City Attorney were next authorized ack, ess to Safety Deposit Box No. 177 at the Ssnford Atlantic National Bank for the purpose of d eposltlng therein $~,500.00 U. S. Govern- ment Bonds purchased as an investment for the Utility M~ter Deposit Fund, and the Insurance Fund. On motion of Commissioner Ratlgan, seconded by Com~Issioner Krider and carried, the Commission ne~t authorized payment of $5,03~.92 to Whltmlre Tank Company, Inc., for completion of work on Contract No. l, and ~18,590.62 to Bumby & Stimpson, Inc , for completion of work on Contract No. 8, of the Water & Sewer Improvements Program. There being no further further business the meeting adjourned.