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091045-Regular Session MINUTES9 CITY COMMISSION, SANFORD, FLORIDA, September 10 at 7:30 P ~i9,i45 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. September 10,1945. Present: Commissioner Edward Higgins, Mayor. # George D.Bishop " H. James Gut " W.C. Hill " M.J. Lodge City Attorney Fred R.Wllson City Clerk H.N.Sayer Chief of Police R.G. Williams. Meeting called to order bY the Chairman. Current invoices and payrolls for the month of August 1945, properly audited and vouchered as evidenced by voucher Nos. BlS6 thru 8261, su'bmitted, examined, approved and payment authorized. Monthly reports of streets, sanitation, health, water, police, fire, library and golf departments for the month of August 1945, submitted and examined. Financial statement and statement of revenues and expenditures during the month of August 19~5, submitted and examined. Bank. statements in all .accounts for themonth of August 1945, properly reconciled, submitted and. examined. The following bids next received on the purchase of a new Street Sweeper: ~L~. IN SWEEPER COMPANY Elgin Motor Pick-up Sweeper, ~iodel 20, 2~ Cu.yd. Hopper, including extra pick-up and gutter brooms $7,3z~5· O0 F.O.B. Sanford Delivery Date 14 to 15 month. F__LORIDA- GEORGIA TRACTOR COMPANY South Bend Gutter-Snipe Sweeper, 3/4 cu.yd. Hcpper, including extra pick-up and gutter brooms· $3'780.00 F.O,B,Sanford. Less trade-in allowance on old AuStin-Western Sweeper 250.00 Net 3'-530.00 Delivery date: 180 days. H_UTCHINSON TRACTOR EQUIPMENT COMPANY Austin-Western Patrol Sweeper, i cu.yd Hopper, including extra pick-up and gutter brooms 3,907.00 F.O.B.Aurora, Ill. Less trade-in allowance on old Austin-Western Sweeper lO0.O0 Net 3,807. O0 Delivery date: 60 days. Thereupon after a tabulation of the bids and careful comparison of the general specifications of the two low price machines, it was the opinion of the Commission that the AuStin-Western Patrol Sweeper is a more durable and heavier constructed machine than the South Bend Gutter-Snipe Sweeper and would render the most Satisfactory service, and on motion of Commissioner Gut, seconded by Commissioner Lodge and carried, the Commission awarded the bid to Hutchinson Tractor Equipment Company for the purchase of one Austin-Western Patrol Street Sweeper at a price of $3,90?.00 F.O.B. Aurora, Ill, less trade-in allowance of $100.00 on the City's old sweeper, with the understanding that the new machine will be delivered within 50 days. The fOllowing applications received at the meeting of August 27 for permits to operate taxicabs , next presented for further consideration. iVIiNUTES CitY COMMISSION,· SANFORD, FLORIDA, Sept 10 at 71_~0 P ~ 19 H~be~t You~"'~ colored, to operate 2 additional taxicabs. Willie Wallace, colored, -to operate i taxicab. John L. Slmms, colored, to operate i ta%icab. Attorney E.F.Housh~lder then appeared before the Bo~ard on behalf of Robert Young, colored, and requested the Commission to grant him permits to operate 2 additional taxicabs, stating that the cab now in operation has to be taken out of se~ice quite frequently for repairs and that he heeds two additional cabs for standby service in order to keep one cab in. operation twenty-four hours each day. Thereupon after considerable discussion, Commissioner Hill ~moved that the City grant all the foregoing applica~ts~'~pe~nits to operate taxicabs, subject to the approval of the Chief of Police. Seconded by Commissioner Bishop and carried. Chief of Police Williams then requested the Commission to reject the application of Paul Daniels for permit to operate a taxicab within the City, and on motion duly carried, same was rejected. Mr E.A. Davls· next appeared before the Board and advised that h'e had purchased the property at 613 E.Third St.adjacent to Pump Branch, which was formerly owned by Mrs Frances Pearson, and requested the City to install a retaining wall along the side of his property, claiming that this open branch is damaging his house by erosion; also offering to furnish a number of old telephone poles toward the construction of .the wall. Thereupon after' considerable discussion, theCommission instructed Supt. Moughton to prepare an estimate of the· cost of. constructing a·retaining wall in Pump BranCh adjacent to Mr Davis' home, for further consideration, but informed Mt. Davis that this branch is a natural stream that existed for years before his house was erected on its banks, and that the City is not liable for any damages caused by erosion. Application next received from Pentland,Gray and Noore,Accountants and Auditors, for the regular annual'audit of the City's books covering the fiscal year ending September 30, 1945; the agreement being' that the total cost of the audit will not exceed SYO0.O0, and if any saving in time can be effected, the City will receive the benefit of such saving. Thereupon Commissioner Hill moved that Pentland,Gray and Moore be awarded the annual audit of the City's books for the fiscal year ending September 30,1945, in accordance with the terms of their application. Seconded by Commissioner Lodge and carried. Report of August analysis of milk from all dairies 0peratl~m~ in Sanford as prepare~ by Dr. L.R. Scribner's Laboratories at Orlando next presented, such report showing all such milk within the requirements of "Grade A Milk." Application next received from J L.Emlnizer to purchase Lots lO,11,12 smd 13 of Block ?-A , and Lots 19,38 and 39 of Block 5, Dreamwold Second Section. This property having been acqmlred by the City thru foreclosure of taxes and special assessment liens. Thereupon after careful consideration, the Commission offered Lots lO,11, 12 and 13 of Block ?-A for sale at a price of $850.00 , and lots 19,3~ and 39 of Block 5, at a price of $950.00. Bill of A,K.Rossetter, Florist, in amount of $~.O0 covering flowers for funeral of W.H. Dowling, from the City Commission, next presented and on motion of Commissioner Bishop, seconded by Commissioner Lodge and carried, same was approved and payment authorized. MINUTES CiTY COMMISSION, SANFORD, FLORIDA,. September 10 at ?:30 On motion of Commissioner Lodge, seconded by Commissioner Bishop and carried, the Commission next approved the payment of expenses in amount of $191.00 incurred by Inspector Duncan and drivers in connection with trip to Annlston,Ala, to pick up the four trucks purchased by the City from the United States Department of Commerce. On motion duly carried, the Commission next approved the payment of expenses in amount of $27.20 incurred by the Clerk in connection with trip to Orange Homes and Jacksonville to inspect equipment offered for sale by the United States Army and Department of Commerce. Letter next presented from Chase Investment Company enclosing check in amount of $250.00 as a contribution to the City of Sanford to~e used for negro playground activities. Thereupon the Commission accepted the aforesaid gift in amount of $250.00 from Chase Investment Company , with the City's pledge that themoney will be used only for the purposes stated in their letter. Engineer Earle next submitted a report of a survey made by h~i~ on the County's proposed drainage ditches in the Goldsboro section, advising that he did:hot approve connecting them with the City's ditches as proposed by the County because the exces- sive water during heavy rains would overflow the City's ditches and flood that section of the City. Also, recommended that the County construct its own trunk line ditch or canal to carry this water to the lake. Thereupon after considerable discussion, the Commission authorized and directed Engineer Early to confer with the County Engineer and Board 'of County Commissioners and request that they construct the proposed drainage ditches in accordance with his recommendations. On motion duly carried, Fire Chief Cleveland was next authorized to obtain bids on the purchase of four tires for one of the fire trucks. The Clerk next advised that the heirs of the Allen Estate, original owners of the 100 ft.square lot located in Evergreen Cemetery have made a request to purchase this property back from the City. This prope~.y having been acquired by the County thru foreclosure of tax liens and sold bo the City under date of July 30,1945. Thereupon after considerable discussion, Commissioner Gut was designated to confer with the heirs of the Allen Estate with a view to working out a satisfactory agreement on the disposition of the aforesaid property. The Clerk next advised that Niss Charlotte Smith had tendered her resignation as bookkeeper, effective as of September 15,1945, and that during the past fiscal year she had assisted with the work in the Water Department, which was in addition to her regular work, and recommended that she be compensated for this extra service. Thereupon after consideration, and on motion duly adopted, the Commission authorized t~e payment, of $120.00 to Charlotte Smith for extra services rendered during the past fiscal year. Chief of Police Williams next recommended the suspension of sentence imposed on John Thomas Hall, convicted in the Nunicipal Court under date of November 20,1944, of driving a motor vehicle while under the influence of intoxicating liquor, case No.33606, and sentenced to pay a fine of $100.00 or serve 90 days imprisonment. Thereupon Commissioner Bishop moved that the sentence of John Thomas Hall be MINUTES Sept l0 at 7:30 19 Mayor Higgins next presented a claim filed by Geo~A. DeCottes against the City for damages sustained by his boat while docking at the municipal pier on September 2, 1945, as follows: "September 7,1945 Hon. Edward Higgins Mayor of the City of Sanford, Florida. Sanford, Florida Dear Sir: As required by the provisions of Chapter 20123 Laws of Florida 1939, you, as the Mayor of the City of ~Sanford, Florida, are hereby furnished and given information,of the time, place and circumstances in detail with the names of witnesses for the undersigned with respect to injury and damage sustained Oy the ga.y. TEQUESTA, owned by the Estate of Myrtie A. DeCottes, in docking and using tke docking facilities at the municipal pier at the North end of Park Avenue on Sunday September 2, 1945, as follows, to-wit: a Time of Damage: Sunday, September 2,1945. b Place of Damage: Municipal pier at the foot of Park Avenue, owned and operated by the City of Sanford, Florida'. Witness on Behalf of Claimant: (1) Walter S.Coleman Mr. and Mrs. W. H. TunniCliffe Mr. and Mrs William Ray Geo. A. DeCottes (2) Various persons on pier at time injury was done to the Tequesta. Names not ~.~immediately available and will be furnished as soon as ob t a in ed. Extent & Amount of Damage: $75.00 to $100.00. e Place Where th'e ga.y. Tequesta Can Be Seen: At Brumley's Boat Yard awaiting repair. Damage Sustained: Entire starboard side of boat scratched and gouged by Jagged ends of protruding pile,spikes and bolts, and gunwale along starboard side torn loose. Specifications as to How Damages to the Tequesta were Sustained: While docking and lying tied up at the municipal pier owned and operated by the City of Sanford, Florida, which the public has been invited to use and which pier is maintained by the City as a public service with an invi- tation on the part of the City of Sanford to all boat ova~ers to use said pier for docking, when desired,by water craft. h Defects of Pier: (1) Fending pile generally not sufficient height above the water line to extend above the gunwale of craft docking at the municipal pier. (2) Fending pile at the extreme north end of Park Avenue of height sufficient above the water line to extend above the gunwale of docking craft driven so far out in front 'o~ retaining wall that passengers on craft attempting to dock can not get ashore. (3) Both docks on the East side of the municipal pier dilapidated and dangerous with inadequate fending pile. One dock partially collapsed with no fending pile of a height sufficient to afford any protection to water craft docking at said docks. (4) Insufficient and inadequate illumination at night to aid water craft endeavoring to dock at municipal pier during the hours of darkness. l Manner in Which Damage was Sustained: The undersigned was operating the Tequesta and was at the wheel in the wheelhouse. It was necessary to dock to put ashore Mr and Mrs. W.H. Tunnicliffe and Mr. and Mrs William Ray. Upon approaching the municipal pier, a line with a bowline was thrown over a fending pile sufficiently high to ~Oe a~ove the gunwale of the Tequesta and was made taut. The 'gunwale along the bow of the Tequesta on the starboard side was alongside of and touching the fending MINUTES CitY COMMISSION, SANFORD, FLORIDA, Bept.10 at 7:30 P M 19 protruding spikes and bolts below the level of the gunwale of the Tequesta, and while the Tequesta was broadside to the pier disembarking passengers, the starboard side of Tequesta was badly damaged, scratched and gouged, and for a considerable portion along the starboard side of the Tequesta the gunwale was torn loose by reason of the fact that the motion of the boa, s. due to the light sea, caused the gunwale of the Tequesta to strike the low pile, the protruding ledges and caused extending and protruding bolts and spikes to severely gouge the starboard side of the Tequesta in several places. As soon as a bill for the damages sustained by the Tequesta is received from Brumley' s Boa~ Yard, same will be submitted to theCity of Sanford for payment, and should the City decline payment notice is hereby further given that suit will be instituted for the recovery of all damages sustained, arisi.ng out of the tortious act of the City and the gross negligmnce on its part in maintaining for public use and service a dangerous structure. Yours truly, Geo A.DeCottes As Trustee of the Estate of Myrtle A. DeCottes. GAD/cl C0: Fred R. Wilson, esq. City Attorney Sanford, Florida" Thereupon the foregoing claim was referred to City Attorney Wilson for investigation. There being no further business the meeting adjourned. M~or. Attest: City ~.