07-11-60 July 11, 1960,.
A reoular meeting of the City Council of Delray ~each was held
in the Council Chambers at 8:00 P.M. with ~yor Glenn B. Sundy in the
Chair, City' N~,,nager George Mingle, City Attorney Ric~rd F. Zimmer-
man and Councilmen Dugal ~. Campbell, Charles H. Harbison, John A.
Thaye~; and George V. Warren being present.
An_opening prayer was delivered by Councilmen Harbieon.
On motion by Mr. Campbell, seconded by ~.{r. Harbison, and
unanimously carried, the minutes of June 27th, 1960, were approved.
Attorney Joseph W. Humphrey of Boynton Beach, Florida, stated
that he represented Leonard Hottinger and asked that his letter,
addressed to the Council, be read at this time, which letter was
read by City Clerk Worthing.. A copy of which is attached hereto
and made a part of these official minutes. (see page # 190)
Attorney Humphrey then reviewed the case before the council
and asked that they give the matter some study and consideration.
He also asked if a petition had been presented to any member of the
Council and M~. Cs~pbell infol~med Attorney Humphrey that he bad
received a petition regamding this matter and that he had delivered
it to the City Clerk.
M~. Hambison stated that he would like to heam from the other
pamties involved, namely MI'. Forsyth, Hr. (}ray and the City Manager,
regamding this matter in order to know wh~t was going on.
Mayor Sundy asked Finance Director Cam1 (}essler for an explana-
tion regarding Civil Service. Hr. Gessler stated that the information
he could give would be regarding any e~loyee hired by the City. At
the time of hiring there is a determination to be made whether he is
to be a tem~ora/~ employee or a permanent employee. A man that is a
temporamy employee is not subject necess~rily to any examination, as.
in the case of this life guamd. He would then be regamded as a
tempora/~y employee until such time that action was taken to m~ke him
a perma/~ent employee. When becom~n6 a permanent employee he would
then be required to complete a six months probationary period and
then would be under Civil Service. Upon question by Mayor Sundy and
Mr. Campbell, M~. ~essler said that Leonamd Hottinger,s employment
as of December 15th would have been as a temporary employee as he was
paid at an hourly rate at that time.
Hr. Campbell asked Mr. Gessler if he had received notice from an
official source a day or two before June 30th that this man was to go
on Civil Service as of June 15th. Hr. Gessler said that he had checked
with Mm. (}rantham, who is the Secretary of the Civil Service Board, to
ascertain if he had approved the appointment for turning in to the
Finance Office and Hr. (}rantham informed Hr. Gessler that he had
ceived'tlle ap~.~n~ment papers but he had been requested to hold up
on them.
Mr. Harbison asked if this matter could be turned over to the
City Attorney for him to check into and make some suggestions concern-
ing same.
Hr. 0ampbell stated that he feels that a great injustice has been
done and asked if the records would show whether this man has evev been
criticized by the public or criticized in any manner by his immediate
superior or his depam~ment head; or on the other hand, do the records
show that he has peceived a number of commendations from the public.
Mr. Campbell said that he had seen copies of the commendations that
had been received, also that Hottinger has letters of recommendation
from the Police Chief, Lieut. Roddick and Sgt. Billings, having been
associated a~ one time with the Police Department and also that he
was employed once before by Hr. Forsyth and if there was any question
in Hr. Forsyth's mind as to the man's ability it seems that he would
not have been hired in the fimst place. But, he was put to work on
December l%th and he was working six and a half months. He took his
test and was recommended for pe~mnent Civil Service which was to take
effect as of June l~th and his first pay would reflect that on July 1.
Also for the record Hr. Campbell stated that he, and at least one
other member of the Council, thought enough of the safe~y practices
on the Beach that they thought were not in keeping with the risk out
there to ask about it. On the particular day that the incident of
the so-called rescue on Sunday, the 26th of June, that another member
of the Council went to the beach and' that the reprimand given to the
guard, not the guard involved in the rescue but the guard involved
in this case, given publicly before other people, the public, by
178
JULY llth, 1960.
Forsyth was not given until after he had been on the beach once
before, had gone back to the pool and at sometime emound 5:00
o'clock after a second member of this council had visited the
beach and had been seen talking to this particular boy, then, and
then only, was this action taken. Mm. Campbell also said that it
seems that the Council are not supposed to talk to any members of
the employed g~oup, if so their Jobs are being endangered.
~.~yor Sundy said that he had been at the beach on that Sunday
afternoon, and on Monday morning he had met and talked with City
Manager Mingle about some suggestions that might be for improvement
at the beach and that he has a copy of same, also a copy of the
reasons the boy was fired. A meeting was held at 3:15 P.M. on
June ~.dth with Mr. Mingle, Mr. Forsyth, and Mr. Gray. l~yor Sundy
read the memorandum as follows: "In regards to the repriw~_nding
of the guard, the supervisor informed.the guard that he had done a
very poor job of rescue. The guard vmolated Rule No. 17, attempt-
ing to rescue without swim fins; and, it was also abvious that he
could not comply with Rule No. 1, as he was in very bad condition
after the rescue was completed, plus the fact that two guards had
to assist in the rescue. The employee became bellig.erer~t and made
some very arrogant remarks. Since it has become obvmous, that this
probationary employee cannot adequately do his assigned job duties,
plus the fact that he has agitated fellow employees and shown com-
plete lack of integrity in following the normal operating procedures
for this facility, he will be dismissed on July 1st as an unsatisfac-
tory probationary employee."
Mr. Campbell stated, for the record, "The employee mentioned
who was accused of a sloppy rescue -- it was not his rescue, he had
gone to the aid of the man on duty at the south tower, had run a con-
siderable distance on the beach and when he got there, and the rules
of the Red Cross under which these lifeguards are supposed to operate
indicate that he, the guard involved, shall make the decision as to
whether or not he shall use fins as accused here and so on, he made
the decision that the party who was in trouble had alrea.dy been
brought onto the sand bar by two people that were with hzm and that
one guard was out there and the distance that he had to swim after
he waded in was very slight and in his opinion he could do a better
job of assisting (as it was not his rescue) if he did not have the
fins on. As to his becoming belligerent, I emphasize again that
Forsyth was known to be on the beach once that afternoon in close
.proximity to the guard's station, that he said nothing about the
sloppy manner of rescue and that he did not say anything about it
until late that afternoon after Mayor Sundy had been seen on the
beach talking to this particular guard, Also as to his becoming
belligerent, the other side of the story, as I have it, not only
from the guard but from people who heard it, was to the extent that
Mr. Forsyth used words cussing this boy and that he, the boy, said
that his own father did not cuss him and he would ask Mnl. Forsyth
not to and at that point Mr. Porsyth was supposed to have said, and
that can be verified, are you actually tired." Mr. Campbell also
stated that he did not think Steve Forsyth was on trial here tonight, _.
he was inclined to think that the City of Delray Beach is on trial
here tonight. '~;hether we will put up with this type of operation
or not I think is a matter to be decided. We have nothing but com-
mendations for this boy -- he was hired a second time for the beach;
therefore, Forsyth must have known his ability. He has a senior
lifeguard certificate. He brought to your attention and to my
attention, and it was brought to the City Nmnager's attention, the
ma.ny shortcomings on that beach, in our opinion, from asa. fety stand-
pomnt. We found many pieces of equipment were kept over mn the pool
house instead of on the beach. Many of these things that were spoken
of have now been corrected, they have been corrected by action of the
City Manager. The equipment that should be on the beach is there
now. As late as last Sunday the guard on duty at the central guard
station jumped down and ran to make a rescue and he turned and over
his shoulder said to a young kid standing by, 'Telephone that there
is an emergency.' The kid didn't realize-what he meant and this
particular boy, Len, who was on the 'beach, realized the emergency aud
Jumped for the phone and telephoned to Steve. Whether or not .he re-
peated on what happened next I don't imagine has much bearing one way
or the other, but with his training he entered the water and he wasn't
needed so he came out and when he came out he was greeted by the
people on the beach who patted him on the back (I will give names if
].79
JULY llth, 1960.
"they are wanted) who saw the rescue and a few minutes later he was
confronted by a policeman who had been sent for by this man Forsyth
who ordered the policeman to m~ an arrest -- for what? For a
citizen doing his duty in trying to help out in a case of emergency--
he can.be arrested for that? If that's true we had better-get off the
street, we might fall into something like that. Tb~nk God, the
policeman involved had more sense than to make the arrest, he knew
who was at fault on' the deal and the arrest wasn't made. 'Forsyth
approached this man, who was on the beach about a week ago, and ordered
him off the beach. On what basis would Forsyth order a man off the
beach? I thought this was a public beach."
At this time Mr. D.on Coleman, a hotel ope.r~ator, said that he
hates to see the public;ty that Delray Beach w~11 get over an in-
cident like this and he thinks it is a matter for the City Council
to handle within' themselves, that they all are responsible for hiring
the City Manager, and he thinks there is no need for a public repri-
mand of any city employee, that it should be handled internally.
Mr. Thayer then said that in his opinion the City Council's
function is to form policies, guard finances, and plan them, and plan
the city laws, and that the matter of management is entirely up to.
the City Man. agar since we have. the City H~nager form of government,
and all matters as far as employee relations are concerned should be
cleared through him and reported by him. Mr. Thayer then moved that
any disposition of this case be made after a report to the council by
the City Manager. The motion was seconded by Mr. Campbell and
carried unanimously.
A request was received to move a frame house from Lot 18, Block
116, to Lots 50 & 51, Sunset Park. Building InspeCtor Hughson re-
ported that of the 7 letters sent to property owners in the vicinity
of Lots 50 & 51, Sunset Park, only 2 objections were received. The
Building Inspector also reported that the house is in good repair
and meets all the minimum requirements for a house in that area and
that there is a $500.00 bond deposited with his office which guaran-
tees that within 60 days the house, wiring, etc., will be brought up
to any minimum standards that our zoning ordinance requires. On
motion by Mr. Harbison, seconded by Mr. Campbell, the council unani-
mously approved granting the request to move a frame house from Lot
18, Block 116, to Lots $0 & $1, Sunset Park.
City Clerk Worthing read the following addendum to the Contract
between the City of Delray Beach and Roy Simon, Architect:
ADDENDUM TO CONTRACT
BETWEEN
CITY OF DELRAY BEACH
AND
ROY SIMON.ARCHITECT
WHEREAS, on the 29th day-of March, 1960. the City of Delray
Beach, Florida, and Roy Simon, Architect, .entered into an agreement
whereby the City agreed to employ the Archztect to draw plans and -
specifications, and to perform other duties incidental, but necessary,
to the erection of a Community Center Building in the City of Delray
Beach, Florida, and.the Archi. tact agreed to perform, said services,
based on a budget fzguze of $100~)00.00 for the pro3ect; and
WHERF~, on the 2?th of June, 1960, the City Council of the City
of Delray Beach, Florida, passed a resolution authorizing an increase
in the budget figure, 'adding.an additional $30,000.00 to the original
budget figure of $100,000.00,
IT IS MUTUALLY AGREED BETWEEN THE PARTIES TO THE ORIGINAL
ARCHITECT'S CONTRACT THAT SAID COFfP~CT WILL BE AMENDED AS FOLLOWS:
that tbs..original budget figure of .$100,000.00 for the project
be raised to $130,000.00: so that said figure will include the addi-
tional $30,000.00 authorxzed by the Council, said. S100,000.00 figu~
appearing in paragraph no. 4 (a)(b} (c). The Architect's compensatzon
will be based on the new budget figure of $130,000.00, to include the
180
JULY llth, 1960.
additional services that will b9 performed by the .Architect in
connection with the additional $S0,000.00
DATED AND SIGNED THIS ..... day of July, 1960.
WITNESS: ACCEPTED BY:
(SEAL)
"'' City of De~'~'aY'"Beach
, . ......... ""~'~y S'imOn, 'ArChi~ec~ -
It was moved by Mr. Campbell, seconded by Mr. Thayer and carried
unanimously to accept the addendum to Roy Simon's contract.
City Clerk Worthing presented the following bids that had been
received for a h-ton pickup truck for the Water Department:
Adams Chevrolet Company $1,668.03
Earl Wallace Ford, Inc. $1,669.53
The Director of Public Works and the City Nmnager recommend approval
of the low bid. It was moved by ~{r. Harbison, seconded by Mr. Thayer
and unanimously carried that the recommendation of approving the low
bid be accepted.
City Clerk Worthing presented the following bids that had been
received for a two-ton dump truck for the Trash Department:
Adams Chevrolet Company $3~ 609.98
Earl Wallace Ford, Inc. $3,456.24
The Director of Public Works and the City Nmnager recommend accept-
ance of the low bid. It was moved by ~4r. Campbell, seconded by Mr.
Harbison and unanimously carried to accept the low bid for the two-
ton dump truck,
Regarding the request from Messrs. Grimes and Snyder for water
extension service, the Council on June 27th approved the terms and
conditions concerning same as recommended by the Director of Public
Works and submitted their terms and conditions to the petitioners.
City Clerk Worthing read the following letter from r4essrs. Grimes
and Snyder dated July 6, 1960.
"Confirming our conversation of July 1, 1960, we the under-
signed are agreeable to the city's proposition for extending the
water mains to Homewood Subdivision on the following basis:
'~We would provide for the installation of a 10" water main
from the western end of the existing water main at Breezy Ridge
Estates to the intersection of Homewood Boulevard and Delray Road,
and for the installation of an 8" water main from this point south
to the intersection of Island Avenue and Homewood Boulevard. This
installation will be made in accordance with city specifications
and' subject to city inspection, and will include all values and
fittings with the exception of fire hydrants.
"Upon compl.etion of this installation, and a.cceptance by the
city, th.e city wzll pay an amount of $7,409..50 whzch amount has
been estzmated by the Director of Public Works as equal to three
and a half times the anticipated annual revenue from this main
extension.
"In addition to the above amount, the city will also pay for
the difference in the cost of constructing an 8" line and a 10~'
line on that pert of the main extension lying along Delray Road.
This amount is to be determined by actual bid prices.
"It is our desire to start construction on this above water
main extension as soon as we receive approval from the Council."
4
181
JULY llth, 1960.
City Clerk Worthing then informed the Council that there was not
sufficient funds in the Capital Expenditure account of water main
extension to cover the city,s p?rtion of cost in suqh project;
therefore, suggested authorization for transfer of $10,000.00
from "Object 624 (Water Meters)" to the Capital Expenditure Account,
(Function 440-Object 645). Since Messrs. Grimes and Snyder agree
to the terms and conditions-of the water main extension as approved
by the'Council on June 27th, Mr. Harbison moved that the transfer
of $10,000.00 to the Capital Expenditure account be allowed. The
motion was'seconded by Mr. Thayer and upon call of roll Mr. Harbison,
Mr. Thayer, Mr. Warren and Mayor Sundy voted in favor of the motion,
Mr. Campbell being opposed.
City Manager Mingle read the following letter from Mr. W. C.
Musgrave, Chairman of the Disaster Survey Committee:
"As a member of our Community Disaster Committee our
interest is in any hazard in case of a hurricane of which we are
aware during the storm season.
'Me would appreciate the Citys help by proclaiming a
CLEAN UP WEEK to help clear any Debris such as loose lumber,
coconuts & coconut fronds, pieces of loose metal, etc., from vacant
lots and places where the hazard exists.
"If you would place our request on the next commission
meeting it would be appreciated."
Mr. Campbell moved that the council follow through on this and
that the City Manager be instructed to direct the Public Works .De-
partment to proceed in the clean-up in the same manner that the
clean-up was made'in January, using city equipment to its utmost;
but, if necessary, authorizing the hiring of special equipment and
if any funds are needed that they will be forthcoming by a vote of
the council when it is known how much is needed, CLEAN-UP WEEK to
be July 18th through the 23rd. The motion was seconded byMr.Thayer
and carried unanimously. ~yor Sundy asked the press if notice of
this clean-up week could be published this week and was given an
affirmative answer.
City Clerk Worthing informed the council that a petition had
been receivedfrom Mr. Warren G. Grimes requesting water service ex-
tension to lands north west of our city limits. Mr. Campbell moved
that Mr. Grimes be asked to sit with the council at its next meeting,
whether it be a special or regular meeting, that the subject may be
gone over in detail. The motion was seconded by Mr. Thayer and
carried unanimously.
City Clerk read the following petition which has been signed by
100% of the property owners involved:
"As owners of property abutting-on N E~$th Street we hereby
petition the City of Delray Beach to open, ~rade, and pave N E Sth
Street from 5th to 6th Avenues as soon as possible.
"Thanking you for your consideration in this matter."
Mr. Warren moved that N. E. 5th Street from 5th to 6th Avenues be
opened, graded and paved on the basis of t~e property owners paying
80% and the City of Delray Beach paying 20% of the cost of same. The
motion was seconded by Mr. Harbison and carried unanimously.
Resolution No. 1257, declaring existence of violation of the
nuisance ordinance on various lands within the city limits was passed
and adopted on June 27th, 1960; and, in compliance with charter re-
quirements the owe. ers of properties listed therein have been~advised
a public hearing ~s scheduled to be provided at this meeting, for the
purpose of allowing any so identified property ow. nets the opportunity
of showing cause, if any they can, why said nuisances should not be
ordered abated.
There were no objections or comments from the audience. City
Clerk Worthing read several letters that had been received from owners
of various parcels of land included in said Resolution No. 1257. Mr.
Campbell,moved that the letters be acknowledged and that a check up
be made at the proper time. The motion was seconded by Mr. Thayer
and carried unanimously.
5
JULY llth, 1960.
City Clerk Worthing asked that one item in Resolution No.
be deleted by council action; namely, the property of Delray Investors,
Inc., which lies between Federal Highway and Dixie Highway at our
north city limits line. The state has recently purchased a large por-
tion of this property and in the near future the construction of the
new Federal Highway will Begin, which will eliminate the necessity of
the owner clearing said property. It was moved By Mr. Warren,
seconded By Mr. CampBell and unanimously carried to delete said item
from Resolution No.
City Clerk Worthing then read
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF DELRAY
BEACH, FLORIDA, REQUIRING OWNERS OF CERTAIN
DESCRIBED LANDS TO ABATE NUISANCE THEREON
OR BE ASSESSED CCST THEREOF FOR ABATEMENT
BY THE CITY.
WHERFAS, the City Council did, in regular session held
on the 27th day of June, 1960, enact Resolution No. 1257, declaring
the existence of a nuisance upon certain lots or parcels of land for
violation of Chapter 15 of the City Code and Ordinance G-147, and
WHEREAS, pursuant to said Resolution, the City Clerk of
the City of Delray Beach, Florida, did furnish owners of the lands
therein declared nuisances with notice that the City Council would si.+_
on July ll, 1960 at 8:00 P.M., at the City Hall in Delray Beach,
Florida, for the purpose of allowing said owners to show cause, if
any, why said nuisance described in said resolution should not he
abated; and
WHEREAS, pursuant t.o said Resolution, the City Council
of the City of Delray Beach, Flormda, didon July ll, 1560 at 8:00
at the City Hall in Delray Beach, Florida, hold the hearing provided
for in such notice, and did consider such reasons and ~acts as were
presented hy the owners of said lands, and such other material and
pertinent evidence as was adduced he~ore it.
NOW, THEREFORE, BE IT RESOLVED that the existence of a
nuisance for the reasons hereinafter set forth, be and the same is
hereby adjud~ed upon the following lands in the City of Delray Beach,
Florida, to-wit:
.~OWNE~ ASDR~S LOToBLO~...K .&.S/O CITY CODE
Edward R. Turnquest, c/o Therisa Ann Lots 9.9. t. hru 9.6, 4
Estate Turnquest Block 9.9.
883 N, W. 10th St.
Hallandale, Fla.
O. D. Priest, Jr. 111 S. W. 4th St. Lots 11 & 19., 4
Delray Beach, Fla. Block 6,
Atlantic Gardens.
Clifford Wright 444 W. Atlantic Ave. E 50' of N 100' and 4
Delray Beach, Fla. S 50' of N 150' of
E 135', Block 81.
Delray Investors, .c/o Campbell & Hill That part of Lot 4, 4
Inc. 140 Nassau Street lying between Dixie
New York, N.Y. & Fed. Hwy.,
Section 9-46-48.
Evelyn A. Kuefner Box 184 Lot 14, 4
Dickerson Port Jefferson Sra. Block 104.
L. I., N. Y.
Frederick Chas, & 301 Oregon Street Lot 8~ and S 5,5' 4
Esther Muddiman Hollywood, Fla, Lot 7, Ocean Beach
Lots.
N. O. & Lillian A. 7801 N.Santa ~onica Lot l0 less N 40' and
McCormick Blvd. W 40' of Lot 1t less
Milwaukee 17, Wisc. N 40', Block 9.,
Hofman Village.
JULY llth, 1960.
Linda & Adrian 402 S. E. 2nd St. Nh of Lots 17 & 18, 4
Jarovitsky Delray Beach, Pla, Block 12, Dell Park.
Thomas S. & Betty J.328 S. W. 3rd Ave. Lots 23,24, & 25 4
Hatcher Delray Beach, Fla. Block 40.
Irving Levin 1211 N. W. $7th St. Lot 18 4
Niami, Florida Block 40.
Caroline Van 109 N. E. 8th St. Lots 5 & 6, 4
Ballegooien Delray Beach, Fla. Block 40.
A. Simon Essa P.O. Box 35' Lots 16,17,18 & 19 4
Delray Beach, Fla. Block 47.
Carl Graham 1401 Dale Lane Lots 3,'5 & 6, 4
Delray Beach, Fla. Block 8, Rosemont Park
Matthew Ferg~an 5257 S. Ocean Blvd. Lots 4 & 21, 4
Palm Beach, Fla. Block 8, Rosemont Park
Alfred Spear P.O. Box 1326 Lots 19,20,22,23 & 4
Providence, R.I. 24, Block 8
Rosemont Park.
Arthur Tyler c/o Balk & Tyler Lot 87, 4
Stores Plumosa Park Sec. "A"
Rocky Mount, N. C.
C.R.; Lucille W.; P.O. Box 399 Lots 5, 11 & 12, 4
H. C. & Doris D. Ft. Lauderdale,Fla. Sundy Tenbrook Add.
Forman
Dora Smith c/o Mamie S. Powell Lots 3, 4 & 10, 4
135 S. W. 5th Ave. Sundy Tenbrook Add.
Delray Beach, Fla.
Carl R. Brown P.O. Box 726 Lot 1 & N 41' of 2, 4
Boynton Beach, Fla. Block 75.
R. W. Ward 2430 Barcelona' Drive S 35.5' of Lot 2'& 4
Fi. Lauderdale, Fla. N 20.5' of Lot 3,
Block 75.
Delray Beach P.O. Box 2485 Lots 1,3,8,16,21,22 4
Development Co. Delray Beach, Fla. 24,26,34,36 & 50 thru
56, Chevy Chase.
Walter J. Seymour P.O. Box 2485 Lot 9, 4
Delray Beach, Fla. Chevy Chase
Emile H. & Teresa 16 Broadmoor Road Lot 223, 4
Talmon Scarsdale, N.Y. Tropic Isle.
Thomas A.& Florence 442 S. E. 17th Terr. Lot 214, 4
R. Dutton. Deerfield Beach, Fla.Tropic Isle.
Anna M. & Edward B 282 VennumAve. Lots 215 & 216, 4
Breen Mansfield, Ohio Tropic Isle.
John W. & Viola M. 259 Millicent Ave. Lots 218 & 241, 4
Aumer Buffalo, N.Y. Tropic Isle.
Andrew & Hazel M. 94 Campbell Road Lots 219 & 240, 4
Aumer Buffalo, N.Y. Tropic Isle
7
JULY llth, 1960.
O~R _ADDRESS. LOT,B,LpCK ..& ,S,/D. C,~I,TY, CODE
George T. & Wilma A. P. 0. Box 536 Lots 220 & 221, 4
Elmore Delray Beach, Fla. Tropic Isle.
Tropic Isle Land Co., 3405 S. ~Federal Hwy. Lots 237 thru 239. 4
Inc. Delray Beach, Fla. Tropic Isle.
L. R. & Mary Frances 1725 N. E. 28th Drive Lots 222 & 224 and 4
Edwards Ft. Lauderdale, Fla. 229 thru 236,
Tropic Isle.
Marinus C. & Clara 1031 Carpentier Ave.,N.W. LOt 2~, ~
Roskam Grand Rapids, Mich. Tropic Isle.
North Tropic Isle, 3405 s. Federal Lots 245, thru 4
Inc. Delray Beach, Fla. 253, 255,256 and
319 thru 330,
Tropic Isle.
Jere W. Powell Avondale, Pa. Lots 246, 247 & 248, 4
Tropic Isle.
NATURE OF NUISANCE SPECIFIED: "4" All lands in the City shall
be kept free from weeds of a height exceeding eighteen inches. The
word weeds as used herein shall be held to include all rank vegetable
growth which exhale obnoxious or unpleasant odors, or which might be
a source of disease or physical distress to human beings, and the
word shall also be deemed to include all high and rank vegetable
growth that may conceal pools of water, trash, filth or any other
deposits which' may be detrimental to health. The existence of any
such weeds is hereby declared to be a nuisance.
AND, BE IT FURTHER RESOLVED that the City Clerk of the City of
Delray Beach, Florida, furnish owners of the lands hereinabove listed
and described with a copy of this resolution at their last available
address within ten (10) days from the date this resolution is adopted.
AND, BE IT FURTHER RESOLVED that said owners be and they are
hereby notified that they are required to abate the nuisance here-
inabove adjudged and specified within thirty (30) days from the
receipt of a copy of this Resolution; otherwise, in default thereof,
the City of Delray Beach, Florida, will enter upon said lands and
abate the said nuisance hereinabove specified and will levy the
cost of such work as an assessment against the property herein-
above described.
PASSED AND ADOPTED in Regula~ Session on .this llth day of
July, 1960.
/s/ B. S o¥
MAYOR
8
185
JULY llth, 1960.
It was moved by Mr. Campbell, seconded by Mr. Harbison and unani-
mously carried that Resolution No. 1258 be passed and adopted.
City Clerk Worthing then read ORDINANCE NO. G-361.
AN ORDINANCE AMENDING CHAPTER 2~1 OF THE
CODE OF ORDINANCES OF DELRAY BEACH, FLORIDA,
BY ADDING PROVISIONS TO EFFECT COMPLIANCE
WITH THE FLORIDA STATE SANITARY CODE, iN
ACCORDANCE WITH LOCAL CONDITIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA:
Chapter 21 of the Code of Ordinances of the City of Delray Beach
shall have the following sections and sub-sections amended to read
as follows:
Section 1:
"Section 21-1. Definitions; persons exempt from chapter.
(e) Well drillers, lawn sprinkler system installers, septic
tank installers, septic tank repairmen, water softener installers
when holding an occupational certificate shall be issued a permit,
but in no case will they be allowed to connect to the city water
service or drains-from buildings. (except water softener installers
who are exempted by Florida Statute 469.05)."
Section 2:
"Section 21-4. Qualifications of Journeyman and master plumbers--
Examinations; duty of board to give.
(a) It shall be the duty of the board of plumbing commissioners
to examine and pass on the qualifications of all applicants who de-
sire to engage in the business of plumbing within the city. Ail
examinations to determine the technical ability of applicants shall
be held monthly with provision for special examination at a time
designated by the board of plumbing commissioners whenever such
examination is requested by an applicant, ~ovided such application
is on file with the plumbing commission at least fifteen days prior
to said examination day. This examination shall satisfy the board
as to the applicant,s ability as a plumber, as well as his complete
familiarity with the plumbing code of the city. The examination may
be made in whole or pa~t in writing and oral, ~and shall be suffic-
iently strict to test the applicant,s qualifications. Applicant
must also satisfy the board as to his character and integrity.
Licenses may be revoked by the city commission upon recommendation
of the plumbing commission for Just cause.
(b) Before doing any plumbing work within this city, a Journey-
man plumber, well driller, lawn sprinkler installer, septic tank in-
staller and repair man must be examined by and obtain a certificate
from the board of plumbing commissioners and shall pay for such an
examination the sum of five dollars. The Journeyman shall be entitled
to receive an examination within twenty-four hours after requested in
writing in order that he may be determined qualified to engage in any
plumbing work as herein described Before a master plumber shall
engage in the plumbing business, ~e shall be examined by and obtain
from the boamd of plumbing corm~issioners a certificate, for which
examination he shall pay the sum of fifty dollars. Certificates so
issued shall remain in full force and effect until October 1st after
their issuance, and shall be renewed from year to year without further
examination upon the payment of one dollar, provided however, that in
the event a certificate is allowed to lapse for a period of one year
a re-examination shall be required. No master plumber certificate
shall be renewed, however, unless the holder thereof shall have paid
his city occupational license to the city for the previous fiscal year.
Section 3:
"Section 21-6. Permits.
9
186
JULY llth, 1960.
(a) (add at end') To repair a septic tank or drain field the
fee will be one dollar and a half. To drill a well the fee will
be three dollars. To install a lawn sprinkler system the fee will
be three dollars. To install a water softener the fee will be one
dollar and a half.
(c) A permit will be required to do any plumbing of any char-
acter, repair any plumbing, make any changes or extensions or dis-
connect plumbing, or change the location of any fixture, install
septic tank or dmain field, except repair of leaks, the opening of
stoppage, and the replacing of broken fixtures, work to be done in
accordance with existing plumbing code, and the Florida State Sani-
tary Code, including current revisions.
(e) Administrative authority may permit deviations in some
circumstances. In existing buildings or premises in which plumbing
installations are to be altered, repaired or renovated, the admini-
strative authority has discretionary power to permit deviations from
the provisions of this code, provided that such a proposal to deviate
is first submitted for proper determination in order that health and
safety requirements, as they pertain to plumbing, shall be observed."
Section 4:
"Section 21-8. Inspection Signatures.
After any plumbing work has been inspected by the inspector and
he finds that it has been done according to the rules, he shall sign
the building permit card showing the work has been inspected and
passed, and no person shall cover up or conceal any plumbing work
which does not bear the inspector,s signature on permit card. If the
work is not done according to the regulations set forth hereinabove,
the inspector will not sign the permit card."
Section 5:
"Section 21-15. Sewers and drains; size.
The required sizes of sanitary building drains and sanitax-y
building sewers shall be determined on the basis of the total number
of fixture units drained by them in accordance with the following
table:
,~ inch slope to Equivalent
Fixture 1 ft.--Diameter Number of Water
Units: in inches: Closets:
1 to 27 3" not more 2
28 to 120 4" 2 to 20
121 to 300 5" 21 to 50
301 to 720 6" 51 to 120
720 to 1,080 8" 121 to 180
1,080 to 1,920 lC" 181 to 320
Section 6.~
"Section 21-17. Installing pipes in concrete walls.
No soil, drain, waste, vent or supply pipes shall be built into
masonry or concrete walls, but the same shall have suitable chases
arranged for them; such chases to conform to building code. No
pipe over 2 inches will be allowed in outside 8 inch block wall."
Section 7:
"Section 21-18. Soil and waste pipe--Miscellaneous prov is ions governing.
'(a) All soil and waste pipes shall be of tar-coated cast iron,
lead, brass or copper.
10
187
JULY llth, 1960.
(b) All soil and waste lines must be as direct as possible, and
shall have a proper fall to the sewer. Soil, waste and vent stack
shall extend at least one foot above the highest opening in the main
roof. Ail soil stacks carried to the second floor must be extended
full size through the roof. Stacks shall be flashed with an approved
flashing or with a roof collar of lead or copper, and then counter-
flashed by a sleeve caulked on the stack. Ail stacks must be left
open at the top. Provide a cleamout or test tee in the sewer line
within the last three feet before entering the septic tank. When
connected to city sewer provide a cleanout three feet from building
and every fifty feet thereafter. Soil pipes from house to septic
tank shall not be over ten (10) inches below finished grade at
septic tank."
Section 8:
"Section 21-21. Lead pipe--Miscellaneous
regulations governing use.
(b) (4) Ail shower compartments except prefabricated shower
stalls or receptacles shall have a lead or copper pan or be of
materials approved by the administrative authority; where lead or
copper pans come in contact with cement floors a 30# felt paper will
separate pan and floor; when cement is used inside of pan for floor
the lead or copper pan shall be coated with asphaltum. The pan
shall turn up on all sides at least 4 inches above finished floor
level; traps shall be so constructed that the pan may be securely
fastened to the trap at the seepage entrance making a watertight
Joint between the pan and trap; shower receptacle waste outlets
shall be not less than 2 inches, and having removable strainer."
Section 9:
"Section 21-35. Cold water pipes; connecting power with
service pipe; used material;, installing
heaters; gas heaters; outlet sizes.
(i) A suitable water pipe stub or hose bibb shall be brought
out at nearest point to electrical service entrance by a plumber,
as provided in Sec. 13-1, paragraph J, of the Delray Beach Electrical
Code."
Section 10:
"Section 21-36. Septic tank and grease traps.
(a) No septic tank shall be installed in the city where city
sewer connection is available. Before any repair or installation of
a septic tank or repair of drain field, a permit therefor shall be
obtained from the plumbing inspector. Septic tank shall be of a
minimum capacity of five hundred forty gallons. All septic tanks
shall be constructed according to the regulations of the State Board
of Health of the State of Florida. Ail septic tanks must have at
least one three inch vent stack.
(b) Grease traps on commercial'buildings and multiple dwellings
will be governed by the State Board of health of the State of Florida
and Hotel Commission.
(c) The installation of grease traps shall be optional on single
residences.
(d) Sumps, dry wells, soakage' pits or drain wells shall not be
used for disposal of septic tank effluent, grease and/or kitchen
waste or laundry waste."
Section 11:
"Section 21-49. Swimming pools.
11
JULY llth, 19~0.
(f) Connecting of swimming pools to city water, service will be
done by a licensed plumber."
PASSED AND ADOPTED on the llth day of July, 1960, to be effec-
tive thirty days from said date.
..... J,. lB. _ _
-
There being no objections to Ordinance No. G-361, it was moved by
Mr. Harbison, seconded by Mr. Thayer and unanimously carried to
adopt said Ordinance on second and final reading.
City Clerk Wox'thing then read ORDINANCE NO. G-362.
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA, GRANTING THE SAME TAX RIGHTS AND
PRIVILEGES TO THE RECENT PURCHASER OF A
CERTAIN BLOCK OF LOT~ IN PLATS 3 AND 4 OF
TROPIC PALMS SUBDIVISION AS ENJ~ BY THE
SELLER.
WHEREAS, the City of Del~a~ Beach entered in%o a tax arrangement
which is contained in Ordinance No. G-aT?, that provided for the
s/~nex~tion of Plats 2, 3 and 4, of Tropic Palms Subdivision, among
other thin~s, ~x'an~ing Tropic Palms, the seller telex'red to above,
a t~tion of 910.00 pex' lo% per 7e~ for a period of ~en years fram
date of snnex~tion ox' until sold, ~x'mnsferred or i~proved upon, and
WHEREAS, the seller is or has tx'ansfex'x'ed to ~he purchaisx' a
l~ge block of lots, being almost all of the lots in Plats 3 and
of Tropic Palms Subdivision, referred to above, as opposed to a few
individual lo~s w
BE IT ORDAINED BY THE CITY COUNCIL OF TBE CITY OF DELRAY BEACH,
FLORIDA, AS FOLLOWS:
Section 1: That CHARLES E. SCHMIDT, the pumchaser of the £ollow-
ing described real propert~ will en~oy the same t~x rights and
leges upon said proper%-~ as bestowed upon his g..~antor by %he City
De/~ay Beach, being the right to be taxed only 910.00 per lot per
~ear fox. a period of ten yes,~s fx'om date of annexation or until sold,
tx'ansfex'red or improved upon, the following being a legal description
of the lands involved:
Lots Nos. 812 through 1319 inclusive,
with Tx'acts "A" "B", LESS lots laSl,
12~3, and la60, ALL of said lots and tracts
being located in TROPIC PALMS S/D and being in
Section 29, Twp. ~6S., Rge. ~3E. _
PASSED AND ADOPTED on the llth day of J~ly, 1960.
Mayor
There being no objections to Ordinance No. G-36a, it was moved by
Mr. Ws~x'en, seconded by Mr. Thayer and ca~ried unanimously to adopt
said 0rdtnanoe on second and final reading.
Cit~ Clerk Worthing then read the cap~ion of ORDINANCE ~0. G-363.
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA, REPEALING SECTION IV OF ORDINANCE
NO. 6~345, WHICH PROVIDED FOR A ZONING MOR-
ATORIUM BETW~.RN MAY IST AND NOVEMBER 30TH OF
ANY YEAR, AND PROVIDING FOR ZONING CHANGES TO
BE HEARD AND ACTED UPON ON A YEAR-ROUND BASIS.
It was moved b~ Mr. Harbison and seoonded by Mr. Thayer to place
Ox'dins_nee No. G-363 on first x'eadinE. Upon call of x'oll Mr. Campbell,
Mr. Harbison, Mr. Thayer and Mayor Sundy voted in favor of %he motion,
Mr. Wax'x'en being opposed.
189
JULY 'llth, 1960.
City Clerk Worthing then read the caption of ORDINANCE NO. G-364o
AN ORDINANCE DECLARING THE INTENTION OF THE
CITY OF DELRAY BEACH, FLORIDA, TO ANNEX PART
OF SEACREST BOULEVARD AND LOTS NOS. TWO, THREE
AND FOUR, BLOCK "C", LAKE HEIGHTS, AS IN PLAT
BOOK 23 AT PAGE 206, IN THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
It was moved by Mr. Warren, seconded by Mm. Campbell and unanimously
carried to place Ordinance No. G-364 on first reading.
City Manager Mingle presented bills for approval in the amounts
of:
General Fund $80,058.47
Water Fund - Operating Fund $64,005.25
It was moved by Mm. Thayer that these bills be paid. The motion
was seconded by Mr. Warren and carried unanimously.
The meeting was adjourned at 9:25 P.M., on motion by Mr.
Warren and seconded by Mr. Thayer.
R D: WORTHIN.G
City Clerk
APPROVED:
· .......
13
JULY llth, 1960.
JOS. W. HL~PHREY
Attorney at Law C
12§ N. E. Second Avenue 0
Boynton Beach, Florida P
Y
July ll, 1960
Honorable City Council
City of Delray Beach
Delray Beach, Florida
Gent lemen:
I have been retained by Mr. Leonard Hottinger to represent him
regarding his recent dismissal as life guard of the City of Delray
Beach ....
The citx records reflect that Mr. Hottinger was employed as a
life guard in this city from December 15, 1959 until he was fired on
June 30, 1960, by his direct supervisor, Steve Forsyth, the acquatic
director. As you will note prior to ~r. Hottinger's dismissal he had
been employed by the city for six months and two weeks.
While in the employ of the city, the city permitted Mr:.
Hottinger to take 'the written civil service examination during the
month of March and subsequently he was then given two physical tests
which would complete his qualifications for the civil service position
of life guard. After taking each of the tests above-mentioned,
Hottinger was informed by Mr. Forsyth, the acquatic director, that he
had passed same.
Thereafter, about the 22nd day of June 1960, Mr. Hottinger,
upon inquiring of the recreational director, Mr. Tom Gray, of his
status in relation to civil service, Mr. Gray congratulated Mr.
Hottinger and told him that the recommendations were on his desk,
that he (Gray) would turn the same over to the civil service board,
that Mr. Hottinger would receive civil service pay retroactive to
the 15th day of June 1960. Mr. Gray explained to Mr. Hottinger
that "the papers had been on my desk" but that he had not~been able
to get to them earlier. Thereafter, at approximately 4:45 on the
afternoon of June 30th, Mr. Hottinger was informed by Mr. Forsyth
that he had been discharged.
After talking to Mr. Hottinger, I spoke with the City Clerk
of the City of Delray Beach and asked to see the Civil Service Act
and any rules adopted thereunder. In reading the act and administra-
tive code I found no rule or regulation establishing any six month
probationary period. I further failed to find any provision stating
when a probationary period would begin if one existed. However, the
civil service act provides that all permanent employees of the City of
Delray Beach were subject to the benefits of the act and the act
specifically provides how a permanent employee would be discharged.
I respectfully submit to this council that Mr. Hottinger was
never provided with a written dismissal from the City Nmnager stating
the reasons therefore. I further submit that both the City Mmnager
and the Secretary of the Civil Service Board have stated that Mr.
Hottinger is not on civil service, yet neither the City Manager nor
the Secretary of the Civil Service Board was able to provide me with
any rule showing why Mr. Hottinger was not on civil service. The only
explanation I received was that he had not served his probationary
period.
Therefore I respectfully request this council to examine into
the records of the City of Delray Beach and determine whether or not
Mr. Hottinger was employed for a period of more than six months and
to determine whether or not he successfully passed his civil service
examination. I further request that in the event that this council
finds that Mr. Hottinger has been employed for a period of over six
months and has successfully passed the civil service examination that
this council direct the City Manager to notify Mr. Hottinger, in writ-
ing, of the reasons for his dismissal and to order the Civil Service
Board to hear any appeal which Mr. Hottinger may then file.
Sincerely,
/s/ Jos. W. Humphrey
JWH:at