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060952-Regular Session398 MINUTES ~ June 9 at 8 o'clock P M 1~52 City Commission, Sanford, F]o ..... . ................. in the City of Sanford, Present: The City Commission of the City of Sanford, Florida, Met Florida, at 8:00 o'clock P. M. June 9, Commissioner W. H. Stemper, Mayor ~l Andrew Carraway Randall Chase John D. Ivey John L. Kadet City Attorney A. Edwin Shinholser City Clerk, H. N. Bayer Acting City Manager John M. Gillon Chief of Police R. G. Willisms Meeting called to order by the Chairman. Monthly reports of streets, sanitation, health, wster, in regular session at the City Hall 1952: fire, police and library departments to include alternate of clay base ~ith asphal~ next appeared ~.th further reference to program submitted and approved at meeting of April 28, and advised that he had revised the budget whlch reduced it to $1.760.00. but could not reduce the estimated expenditures to the $1,600.00 and apply some clay in order to make it passable, top if decided necessary. Seconded by Commissioner Chase and. carried. Tommie Stringer, sum~uer recreation director, for month of May 1952, submitted and examined. On motion duly adopted, current invoices and payrolls for month of May 1952, as evidenced by Voucher Nos. 7851 thru 7992, next approved and payment authorized. A Committee consisting of Mrs. Miriam Russell, Mrs. Fred T. Williams, Mrs C. R. Dawson, Rolland Dean, A. J. Greet, Forrest Breckenridge, with Mrs. F. E. Roumillat as spokesman, next appeared on behalf of Sanford Historical Society and Museum relative to constructing a memorisl building to house the library and antique collection of General Henry S. Sanford, founder of ~he City, which under the terms of his will is to be lef~ to the City providing a suitable memorial building le provided to houee it. They advised that December 31, 1952, was the dead- line in which the City c~ld secure the library and collection and requested the Commission to spproprlate fund~ in next fiscal year's budget toward constructing the memorial buildir~, stating that they had already received $2,000.00 toward the project. They ~mltted plans of a proposed building which was sent the~ by he,rs of General Sanford and requested the Mayor to appoint a committee to study sa~e to ascertain the size and cosZ of' building necessary for the museum. An inventory list of the articles contained in the library and collection was read and the entire committee spoke in favor of the project and explained the cultural value to the community of such a memorial library and musuem. Thereupon Mayor Stemper appointed the ~l~owing committee under the Chairmanship of Rolland Dean to study the plans and present recomm~endationa to the Commission: Comm~aaloners Chase and Kadet, Mrs. Fred T. Williams, Mrs. Miriam Russell, Mrs. C. R. Dawson and A. J..Greer. Commissioner Carraway then moved that the City authorize Architec~ EltonJ. Moughton to prepare preliminary drawing of library snd museum building of adequate size to house the articles listed in the inventory. Seconded by Commissioner Kadet and carried. Mr. Raymond Weinman next appeared wl~h further reference ~o the City improvingW. 24~h a dirt street, from French Avenue west a distance of two blocks, advlslo~ that he was still unable to eel]. his new dwelliz~located on said street because of the deplorable condition of the street. Mr. Weinman offered to pay one-third of the cost of stabilizing the street with clay or other hard surface materials. Thereupon Commlssioner'Kader moved that the City Manager be authorized to grade the stree~ MINUTES 399 City Commission, Sanford, Florida,__._~.~.~...?....a.~....~....~..'..?.~?.~.~ ................ 19.52 mm four for the colored program. After discussion and on motion of Commissioner Kadet, seconded by Commissi~mer Ivey, the Commission appropriated an additional $100.00 for the summer recreation program for equipment. Further consideration next given to recommendations of the Stadium Committee submitted at meeting of May 12, relative to new memorial stadium and old baseball park, and on motion duly carried the Commission approved and authorized certain of the recommendations, others with amendments, and tabled others, as follows: 1. Thst no games be played in old stadium that will conflict with scheduled games of Seminole Blues. 2. That the old grandstandbe razed with City labor, leaving concrete base, toilets and dressing rooms. Fence and guard screen to be maintained. 3. Parking be prohibited during any sthletic contest played in either ball park, on Celery Avenue from two blocks west of Mellonville Avenue and east to City Limits and south to railroad. $.Right to use either park subject to revocation and denial to any group who unduly distrube the peace and quietude of the neighborhood. 5. That the matter ofamendirg the ordinance taxing admission to stadium to .10~ on.50~ or more adm'~lon, and .055 on admissions thereunder, be tabled. 6. That the City follow the terms of agreement with Seminole County Baseball Association relative to use of new stadium for balance of season, and that there be no waivure of any of the requirements. In response to applications of Charles Hampton, colored, for permit to sell beer and wines to be consumed on premises at lll7 W. 13th Street which is near a church, petition of protest next submitted from 9 residents, and on motion of Commissioner Kadet, seconded by Com- missioner Chase, same was denied. The City Manager next reported that the Sanford State Farmers Market had agreed to furnish sewer pipe at estimated cost of $1,578.58 for installing sanitary line from the market property west to City's trunk line in alley between Lake and Williams Avenues, provided the City furnish labor and install same. After discussion and on motion of Commissioner Chase, seconded by Commissioner Ivey and carried, the Commission authorized the installation of the aforesaid sanitary sewer line as per agreement of State Farmers' Market. Consideration ne×t given to bills of Stafford Electric Company in amount of $313.82 for work done at the municipal memorial stadium, which was authorized by Seminole County Baseball Association without consent of City, and after checking same Commissioner mvey moved that the City pay two bills amounting to $66.14 for re-wiring the score boards and refer the others to bhe baseball association. Seconded by Commissioner Carraway and carried. Pursuant to recommendation of Engineer Angas that the City either install a high speed diesel engine for stand-by service at water plant or have the power company install stand-by service, the following quotations were next submitted for consideration: DIESEL ENGINES General Motors engine International Engine Caterpillar engine POWF_2{ STAND-BY SERVICE Orlando Armature Works, Inc: 3 37~ Transformers wound for 2300 volts Motors rewound for 220 volts with starter $4,550.00 h,500.00 6,500.00 $1,713.96 4OO H-40750 MINUTES City Commission, Sanford, Florida, June 9 at .8 o'clock P M 19 52 After comparison of prices Commissioner Chase moved the purchase 3 transformers from Orlando Armature Works, Inc., at price of $1,713.96, to be in~alled as far as practicable and not hooked up with power company until an emergency arise. Seconded by Commissioner Carraway and carried. Further consideration next given to request of firemen and policemen for salary increase, in view of no funds available in current budget for such additional expense, Commissioner Kadet moved that the Mayor, write them a letter advising that it will be considered in next fiscal year's budget, and to call their attention to the three salary increases granted them within past for seconded by Commissioner Ivey, same was authorized. The City Manager next reported of notice from County Commissioners that no longer continue lending the City road construction equipment or sell it asphalt, stop construction of streets around the Housing Projects until the City can secure equipment and asphalt. two years. Seconded by Commlssioer Carraway and carried. On recommendations of Sanitary Officer Johnson that night spraying the streets and alleys insects would be more effective because the air is heavier, and on motion of ComMissioner Uhase, of certain departments of the Seconded by Commissioner Carraway and Ivey. Thereupon after discussion Commissioner Carraway moved that the Mayor be authorized to ap- pear before the Board of County Commissioners relative to working out a reciprocal program whereby the City and County will lend equipment as is used for paving and grading to each other, and allow the City to continue purchasing asphalt from the County's storage tanks. Seconded by Commissioner Chase and carried. Consideration next given to relieving James L. Dunn, who is superintendent, of streets, drainage, parks, baseball parks, garbage and trash collection and disposal, of some of his duties because of h~ving more departments than he can properly supervise. After considerable discussion, Commissioner Carrawsy moved that R. H. Beckham be placed in charge of street construction, maintenance and drainage. Seconded by Commissioner Chase and carried. Commissioner Kadet next moved that the Mayor appoint City with a view to making Chase and carried over the dlssentlng~te of each Commissioner to make a study recommendations. Commissioners Consideration next given to time devoted each month by personnel in the Water Department in mailing out several hundred notices to customers with~linquent water bills and having to follow up with appro2imately 300 personal collection calls in order to collect the delinquent accounts. After considerable discussionit was felt that such service was taking too much time and costing the City too much money, and on motion of Commissioner Carraway, seconded by Commissioner Ivey, the Commission ~uthorized and directed that after August l, 1952, the Water Departme~ dis- continue mailing out any second notices and that due notice be published in the service. on delinquent water bills or making any collection calls, newspapers exol~inlng the reason for discontinuing this Consideration next given to changing the authorization for "Water Beautification Rate" provided for homes, churches and lodges, so that it Will be granted to homes in which rooms are rented, and after considerable discussion, action was deferred. O~dln~nce Nh. ~02. entitled: and the County codd which will the n~cesssry MINUTES 40i ' FEDERAL OLD AGE AND SURVIVOR'S INSURANCE, AS AUT?DRIZED BY FEDERAL SOCIAL SECURITY ACT, AND AMENDMENTS THERETO, UPON THE BASIS OF.APi~r. ICABEE STATE AND FEDERAL LAWS OR REGULATIONS; AUTHORIZING AND DIRECTING THE MAYOR, OR OTHER CHIEF EXECUTIVE OFFICER, TO EXECUTE AGREEMENTS AND AMENDMENTS THERETO WITH THE STATE AGENCY AUTHORIZED TO ENTER INTO SUCH AGREE~fENTS, FOR COVERAGE OF SAID EMPLOYEES AND OFFICIALS; PROVIDI~G FOR WITHHOLDINGS FROM SALARIES AND WAGES OF EMPLOYEES AND OFFICIALS OF SAID CITY SO COVERED TO BE MADE AND PAID OVER AS PROVIDED BY APPLICABLE STATE OR FEDERAL LAWS OR REGULATIONS; PROVIDING THAT SAID CITY SHALL APPROPRIATE AND PAY OVER EMPLOYER'S CONTRIBUTIONS AB PROVIDED BY APPLICABLE STATE OR FEDERAL LAWS OR REGULATIONS; PROVIDING THAT SAID CITY SHALL KEEP RECORDS AND ~AKE REPORTS AS REQUIRED BY APPLICABLE STATE OR FEDERAL LAWS OR REGULATIONS. introduced and placed on its first reading at regular meeting of May 26, was next placed on its final passage and adoption. Thereupon ~he roll was called on the final passage and adoption of said Ordinan~ No. 502 the vote being as follows: Commissioner Stamper Aye " Carraway Aye " Chase Aye " Ivey Aye " Kadet Aye Thereupon the Chairman announced that the City Commission of the City of Banford, Florida, by unanimous vote had passed and adopted said Ordinance No. 502, entitled: AN ORDINANCE OF THE CITY OF BANFORD, FLORIDA, REI~TINGTO FEDERAL OLD AGE AND SURVIVORS INSURANCE; DECLARING THE POLICM AND PURPOSE OF THE CITY OF SANFORD, FLORIDA, TO EXTEND TO THE EMPLOYEEs AND OFFICIALS OF SAID CITY OF SANFORD, FLORIDA, NOT EXCLUDED BY LAW, THE BENEFITS OF THE SYSTEM OF FEDERAL OLD AGE AND SURVIVOR'S INSURANCE, AS AUTPDRIZED BY THE FEDERAL SOCIAL SECURITY ACT, AND AMENDMENTS THERETO, UPON THE BASIS OF APPLICABLE STATE AND FEDERAL LAWS OR REGULATIONB; AUTHORIZING AND DIRECTING THE MAYOR, OR OTHER CHIEF EXECUTIVE OFFICER, TO EXECUTE AGREE- MENTB AND AMENDMENTS THERETO WITH THE STATE AGENCY AUTHORIZED TO ENTER INTO SUCH AGREEMENTS, FOROOVERAGE OF SAID EMPLOYEES AND OFFICIALS: PROVIDING FOR WITHHOLDINGS FROM SALARIES AND WAGES OF EMPLOYEES AND OFFICIALS ~F SAID CITY SO COVERED TO BE MADE AND PAID OVER AS PROVIDED BY APPLICABLE STATE OR FEDERAL LAWS OR REGULATIONS; PROVIDING THAT SAID CITY SHALL APPROPRIATE AND PAY OVER EMPLOYEE'S CONTRIBUTIONS AS PROVIDED BY APPLICABLE STATE OR FEDERAL LAWS OR REGULATIONS; PROVIDING THAT SAID CITY SHALL KEEP RECORDS AND MAKE REPORTS AS REQUIRED BY APPLICABI~ STATE OR FEDERAL LAWS OR REGULATIONS. Thec~l~y:AStorney~neXt sUbmitted the following opinion on the matter of Mr. Geo. D. Bishop's eligibility to hold the position of Bond Trustee due to his being a director in the Sanford Atlantic National Bank: The Honorable City Commission City of Banford, Florida Sanford, Florida. Re: City Bond Trustees Gentlemen: You asked my opinion whether a person serving as Director of a bank which is a depository of funds of the City of Sanfor~ is qualified to serve as a Bond Trustee in the light of the last paragraph of Section 60 of the City Charter, same bei~ Chapter 26210, Laws of Florida, Acts of 1949, which paragraph reads as follows: "No person interested directly or indirectly in the care, or control of any funds of the City of Sanford, shall be to holdthe position of bond trustee as herein provided." custody eligible It is my opinion after a careful study of the quoted provision that the question as above stated must be answered in the negative. It is to be first noted that the interest of prohibited persons is not with reference to the funds themselves but in the "care, custody or control" of the funds. The extent to which a bank director directly participates in the control of the funds might depend on bank procedure in a particular instance; e.g., in a case where a loan of bank funds is made upon a direct approval of the directors rather than through a separate loan cmmittee. However, it appears to me that there can be no question as to the fact that a bank director does indirectly participate in the "care, custody or control" of funds deposited in the bank on whose Board the director serves, s~nce the directors elect the officers who, in turn, hire and fire the employees, these latter parties being directly engaged in the mechanics of the care, custody and control of the bank's funds. The management responsibility of the di- rectors may be indirect insofar as actual handlln~ of the funds is concerned. 402 MINUTES Oit¥ ~ommission, San~o~cl, Flo~icta,.~une 9 at ~ o~¢loqk ? N 19 ~2 Suggestion has been made that the prohibition might not apply if no sinking funds of the City of Sanford were deposited in the bank of which the Trustee were a director. In my opinion, this suggestion is not tenable since the quoted provision specifies "care~, custody or control of anz funds of the City of Sanford". Respectfully submitted, S/ A. Ed. win Shlnholser City Attorney Consideration next given to request of Hugh C. Whelchel for City to furnish him the original copy of the 99-year lease agreement on golf course property in order that same be delivered to Nayfslr Inn, Inc., sub-lessee. Mr. Whelehel having been furr~hed the duplicate executed copy at time it was executed but unable to find it in his files. After discussion and on advice of City Att~)rney that the City should retain the original executed copy of lease agreement, Commissioner Kadet moved that the City furnish Er. Whelchel a certified photostatic copy of the agreement. Seconded by Commissioner Carraway and carried. The~e being no further business the meeting adjourned. ATTEST: gm