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06-07-49SpMtg JUNE 7Th, 1949 A Special Meeting o£ the City Council of the City of Delray Beach was held in the Council Chambers at 7:30 F. M. with Mayor J. L. Saunders in the Chair, and City Manager Charles E. Black, City Attorney John Moore, and the following Councilmen present: John N. Ka'bler, Nell E. MacMillan, L. H. Brannon and Waiter A. i(oth, a quorum being present. That portion of the minutes of the meeting held June 1st, per- ta;_ning to the preparation of an amendment to the Electrical 0rd- inance, to set up regulations for examinations, was read, and the following Ordinance was presented by the City Attorney: ORDINANCE NO. G-76 AN EklERGENCY 0RDIN~'~ICE OF THE CITY COUNCIL OF THE CITY 0F DELH~tY BEACH, FL0i{IDA, AblEND!NG SECT/ON 15 OF CHAPTER VI OF THE CITY CODE PER- ¥~INING TO THE DUTIES OF TIlE BOARD OF ELECTRICAL EXAlqINERS; AND FURTIiER AMI~ND !NG SECTION- 17 OF CIt~dgTER VI OF THE CITY COI)E~ PERTAINING TO AIqlN~:~TIONS OF APPLICANTS FOR CLASS 1 ELECTRICAL CoNTR~{CTORS' LICENSES, AND CLASS 2 ELECTHICAL MAINTENThNCE LICENSES, PHESCI{ [B NG ~UALIFICATIONS FOIl APPLICANTS THEHEFOR, PRESCHi[BING F0H ORAL ~ND !~q{ITTEN EXAMINAT IONS FOR APPLICANTS TItEqREFOR, AND FURTHER PRESCRIiBING FOil THE RECOMMENDATIONS OF THE ELECTRICAL BOARI) TO BE SUBMITTED TO THE CITY COUNCIL FOi-{ FINAL DECISION AS TO TUE GR.2L~TING t)F EITHER OF SAID CLASS OR LICENSES FOR 'rile APULICANTS THEi{EI?Ott. Councilman ~oth expressed the opinion that an examination consisting of twenty-five questions would not qualify a man. He also felt that the giving of the exami, nations should be left to the Examining Board, who should pass on the qualifications of aopli- cants and then make their recomr~endations to the Council for final approval. He filed the following recomr:'endat[ons for amending the present Electrical Ordinance: SECTION 14: Board of Electrical Examiners. -- Amend member- ship of Board by the follow nE: Said Board shall consist of 2 ~"lectrical Contractors, the electrical inspector, the City Manager and a representative of the Florida Power & Light Company. SECTION 17: Examinations.-- Applicants for examination shall file 3 letters of reference, stating at least 5 years ex- perience in electrical work or exhibit a duly certified engineering degree of an accredited engineering school prior to taking any electrical examination; must be a person of good moral character, and must pass a written examination .given during the daytime by the Board. The Board shall compile and keep as a permanent record, suitable questions and. answers, whi. ch shall be obtained from satis- factory and reputable sources, from which each examination shall be taken. Said questions and answers shall be numbered in such permanent record , and similar numbered slips dropped into a box, from which JUNE 7T}{· 1949 each examination shall be made by drawing said n,~mbered slips from said box prior thereto. After each examination is thus made up, said numbered slips shall be placed in another box for safe keeping, and the next examinat].on thereafter shall not include any of those questions last .given. Applicants failing to pass any electrical examination shall wait at least ~)0 days before being permitted to take a subsequent examination. Each applicant shall deposit ~5.00 with the elect;' rical inspector as a fee for taking each examination· and. said fee shall not at,ply on any other fee to be paid to the City. Examinations shall be held as often as necessary and exped- ient, by the Board, at which time all applicants shall be noti- fied and permitted to take such examination if so desired." }ir John Thieme, representing the Delray Beach Contractors Association· advised-i%he Council that t~is organization was very much interested in these matters, and they were studying Ordin- ances from surrounding Cities·as well as their examination quest- ions. They hoped to be able to appoint a Board which would cover the entire field of building tirades, each member of the Board to be an expert in his particular line of work. Ile suggested that more time be allowed for study of this problem. 5ir. ~a.gan, represent:lng the Palm Beach County Contractors A~sociati. on addressed the Co~mcil, suggesting that the grad;rig of examination papers be left wi_th the Examining Board· to avoid any claim of partiality. He also strongly urged that an ~lectrical Board be maintained· and not incorporated in one joint Building Trades Board, stating that the Electrical Contractors feel a re- sponsibility to a community, in having an electric code based upon life and fire hazards. ~r. i{ichard T. Hanna, a local Architect· then stated that he considered it essential that Contractors in all building trades, be thoroug~ly qualified in their particular line of work. ~r. H. Zent, representing the County Electrical Contractors Association, then addressed the Council, offering to answer any questions or make suggestions which he thought would be helpful. He explained that the City of West Palm Beach, after studying Ordinances from many Cities· felt that the amendment to the present Ordinance offered by Councilman i{oth· was the practise most universally followed, namely making the Electrical Board responsible for the preparation and grading of examinations, with no member of the Council on the Board.. The Council can then act as a Board of Appeal in case of a complaint. Questions. should be taken only from the National Code or the local Ord~_nance, he claimed. ~r. R. J. HcLaughin, Electric;il Contractor-· complained of the provision in the proposed Ordinance for an oral examination, stating that in case of a complaint there would be no record or ~eans of rebuting it. He £urther stated that it was agreed that the Board should be corrected to conform to the Ordinance, which had been done· and it was now in a position to stra[.ghten out this problem and hold an examinati, on immediately £f necesary. JUNE 7Tl'l, 1949 Fir. Eugene klliott then addressed the Council, on behalf of Fir. Lonnie Cook, who failed an 'electrical exam:inati_on, claiming that he had been waiting for six months to take another exam[nati, on, and unless one was scheduled to be held at once they would take the matter to Court. Ite also complained of the lack of re.ffulations on the installation of bottled gas equipment and pipin_~, which is equally as hazardous as electrical or plumbin~ work. ~ir. F. J. Schrader, ~lectrical Inspector, explained that he hsd given two examinations, the questions for the first were taken From the Nati,.}nal Code, and for the second the questions were taken from a ~est Palm Beach examination. After examining the applicants' papers he took them to West Palm Beach, and was told by the Inspector there that he did not consider the questions hard, and. he Felt that anyone who did not pass the examination would not be qualified to serve as a journeyman electrician in West Palm Beach. The second examination was graded entirely by the Electrical Board in '~'est Palm Beach, an([ the results were unfavorable. He then took the examination himself, at the req~est of the Council, and received a very ~ood ffrade. Councilman MacMillan affain contended that the Final dec/sion as to an applicant's qualifications should be left up to the Council. I~e Felt that a person might not be able to pass a written examinat'ion but by an oral and practical examination, and. consideration of his past experience, and verification of his references, the Council might be able to qualify him for a license. It was also pointed out that only a ~.iaster Electrician's examination is ~iven in this City. Councilman Kabler then recommended that a set of rules be set up which can not be questioned by either side at any ti~e. i:e felt that to give an examination wit',out any rules i~ undemocratic. He , asked if' anyone could object to the proposed Or~fnance which provided C ' after consideration of an applic:nt's for approval by the ouncxl, qualifications as recommended by the Board. He Felt this would also assare the Council of the thoroughness and efficiency of the Board. It was contended by Hr. }lcLaughlin that the present Ordinance provided for the Council to act as a Court of A~npeals, if necessary, and he not only objected to the Final approval of a~plicants by th~ Co,lncil asset up in the proposed Ordinance, but also to the number of questions provided For, and the oral examination required. Councilman }(oth then stated that with his recommended amendments to the present Ordinance, the Board would be able to draw up a fa'i_r examination to qu~ify a man as Contractor. He felt that the present Board had operated satisfactorily, and could continue to do so. In his opinion }Ir. Lonnie Cook had a right to appeal to the Council for a hear'in,g and review of his examinati, on. A motion was then made by Councilman Brannon, seconded by Council- man ~ac~illan, that Section 14 of the Electrical Ordinance be amendedI to provide for two qualified electors, approved by the Council in the; usual manner, as members of the Board, to replace the two Councilmen. Upon call of roll the motion carried, all members of the Council voting in favor of the motion except Councilman i{oth ~ho voted "No". JUNE 7TH, 1949 A motion was then made by Councilman Brannon that Section 3 of the proposed Ordinance be amended to provide for a written test which can be completed within a reasonable time, rather than to be composed of twenty-five questions, the questions to be eom- piled and graded by the Board of Electrical ~xaminers. The mot[on was seconded by Councilman MacMillan, and upon call of roll carried, Councilman Roth not voting. Upon motion of Councilman MacMillan, seconded by Councilman Kabler, the proposed Ordinance was further amended to provide for an~examin, tion fee of ~ 5.00, wh;ch shall be no part of any other fee, and also requiring an applicant who fails an examination to,it ninety days before taking another examination. The motion carried, Councilman Roth voting against it. Yritten examinations were scheduled to be given on the third Saturday of the month, applicants to be required to file their letters of recommendation and qualifications with the Electrical Inspector at least fifteen days prior to that date, on motion of Councilman MacMillan, seconded by Councilman Roth, and unanimously carried. A motion was made by Councilman Brannon, seconded by Council- man Kabler that the words "oral" and "written" examinations be in- serted in Section 1 and Section 3 of the proposed Ordinance, and also to provide that any application on file at the passage of this Ordinance shall be deemed to be valid. Upon call of roi1 the motion carried unanimously. }layor Saunders recommended that C. ~. Trieste and Richard T. [Ianna be appointed to serve as members of the Electrical Board, in place of two Councilman, and upon motion of Councilman HacHillan, seconded by Councilman Brannon, unanimously carried, these appoint- ments were approved. Br. R. C. keen, the Electrical Contractor on the Board, asked to be relieved from serving in the future, having served for many years. blt. R. J. McLaughlin, and then Mr. C. Y. Hill, were asked by the Mayor to represent the Electrical Contractor. s on the Board, both of whom declined, whereupon a motion was made by Councilman · Brannon, seconded by Councilman blac}lillan, that Section 14 of the Electrical Ordinance be further amended, to provide for one Electrical Engineer, the Electrical Inspector, a representative o~ the Florida Pow(~r & Light Company and two qualified electors on the Board of Electrical Examiners. Upon call of roll the motion carried,-~Council man i(Oth voting "No". A motion was then made by Councilman Brannon, seconded by Councilman Macmillan, that the foregoing Ordinance to amend Chapter VI of the City Code be passed a~d adopted as amended, as an emer- gency measure, to become effective June lOth, 1949. Upon call of roll the motion ca~ried, Councilman l{oth voti, ng "No". JUNE 7TIi, 1949 Mayor Saunders then recommended the appointments of Mr. Matt Gracey as a member of the Electrical ~oard, Nr. C. ~.?. Triest to serve as the Electrical. Engineer, and on motion of Councilman Nac- Millan, seconded by Councilman Brannon, unanimously carried, this appointment was approved. In a motion by Councilman Brannon, seconded by Councilman Mac}1illan, unanimously carried, the following Recreation Committee was approved: Mrs. John I. Thieme Mrs. K. M. Davis ~rs. W. J. ~now Miss Miriam Brown Mr. Frank Seely, Jr.~ Temporary Chairman On mo~ion of Councilman Brannon, seconded by Councilman a tentative pla~ of 1st and ~nd Addition ~ High Acres Subdivision, lying between North Swinton Avenue and ~. W. Fourth ~venue, north and wes~ of High Acres, wa~ a~proved b~ ~he Council, subjec~ to ded- ication of s~reets on finml pla~. City ~lanafer Black presented a request by Patterson's Pharmscy ~o erect a neon sign a~ ~h~ir new location on the southwest corner of Eas~ ~t!antic Avenue and Fouwth Avenue, the sign ~o be agains~ ~he building. In a motion ~by Councilman ~o~h, seconded by Councilman MacMillan, and unanimously carried, this request was granted. On moth. on of Councilman Kabler, seconded by Councilman Mac- Millan, a bill for typ~nM the Civil Servi~e and Pension Bills, in the amo*~m~ of ~ MO.O0, was aDproved for payment. On motion of Councilman ~toth, seconded by Councilman Kabler, a bill in the amount of ~ BO0.O0 for legal services rendered by C~y A~torney~ohn Moore in preparin~ the new C~ty Char~er was approved for final ?aymen~. Mr. Kenneth Jacobson, represen~in~ ~he Buildin~ Code Committee, addressed the Council, s~atin~ ~hat Mr. Paul Myers, PlumbinM Con- ~ractor, had resigned from this Com~i~tee, and suggested ~he appoint- merit of Mr. Fred Beever to replace h~m. A motion was made by Councilman MacMillan~ seconded, by man Brannon~ that Mr. B~ever be appointed ~o represen~ ~he Plumbing Contractors on this Committee, amd upon call of roll the motion carried unanimously. Cit~ Manmger Black advised the Council ~ha~ a check had been received from Mr. Fred Neafie in ~he amount of $ 1~00.00 in paymem~ of license fee ~o operate his beach equipment concession for the coming season. Councilman Brannon moved ~hat the check be declined with re~re~ s~atin~ tha~ he considered the concession worth more, and recommedned that ~he license fee be raised for the coming year. The mo~ion was seconded by Councilman Ho~h, and upon call of roll carried unanimously. Attention of the Council was called to the condition of the Cemetery by Councilman MacMillan, who urged that it be improved and JUNE 7TH, 1950 be made into a Park, as nearly as possible. An additional watering system would be needed, and top soil and possibly fertilizer, Hr. Black advised the Council, in order to improve the appearance of the Cemetery, which would be an ex- pensive project. a motion was then made by Councilman Brannon that the ~1500.00 license fee rejected, by the Council be accepted, and set aside for beautification of the Cemetery, provJ, ding Hr. NeaFie will.agree to an increse in this fee to ~ 2000.00 and pay an additional ~500.00 The motion was seconded by Councilman Hac~illan and unanimously carried. Councilman Kabler stated that he was not in favor of accept- ing money on next year's revenue, but if it would be spent to im- prove the Cemetery he approved o~ it in this case, the colored cemetery to be improved as well. No action was taken on the request of Eugene ~ll~i0tt that some regulation be set up by the City to cover the installation and inspection of bottled gas equipment, although Councilman Brannon suggested that dealers be required to post a ~ 1,000.00 bond to protect the public. The Cou~il then adjourned. 'City Clerk ATTEST: