03-12-62 MARCH 12, 1962.
A regular mooting of tho City Council of De]may Beach was held
in tho Council Chambers at 8:00 P.M~, with Mayor Walter Diotm in tho
Chair, City Manager Louis J. Smitzcs~ City Attorney John R0s~ Adams
and Councilmen A1C. Avery, George Talbot, Jr., George Vo Warren and
Oliver W. Woodard, Jr., being present.
1. An opening prayer was delivered by the Reverend H. Stewart
Austin.
X. Mayor Dietz welcomed the Chamber of Commerce delegation and
representatives from other organizations present and commended Council-
man Woodard for his contact with the different civic organizations,
and stated that if the organizations attended the Council meetings it
would be a means of letting people know what was going on in Delray.
2. On motion by Mr. Talbot and seconded by Mr. Woodard, the minutes
of the February 2~th and 28th Council meetings were unanimously ap-
proved.
3. City Clerk Worthing was asked to read the following letter sent
to the Editor of the Delray Beach News-Journal from Mrs. L. M.
Edward~, Jr., dated March ?th.
"It was shocking to pick up a newspaper this morning and learn
that the City Manager had fired~the lifeguards, in retaliation
for their action in trying to get ~heir pay acale raised. - Is
this America Where we ~ave freedom of speech, or are we living
in Russia, where such ta, tics are condoned?
"It becomes increasingly evident that Mr. smitzes is incapable
of handling the position which he holds, especially in view of
the Fact that his only recourse in the problem at hand was to
fire the guards~ rather than to solve the situation by increas-
ing the pay scale. There is no valid reason for not doing so -
the money is there.
"A deplorable condition exists and should be remedied immediately.
We have one of the finest beaches on the Gold Coast and up till
yesterday, had the finest guards to protect it. Our beach at-
tracts thousands of tourists to Delray yearly and no one is going
to use a beach that is not adequately staffed by competent guards.
~hen a person is drowning, an off-duty policeman or fireman will
not be of ~uuch help.
"It may be of interest to you to know that of the numerous ap-
plications for the position of lifeguard at Boca Raton recently,
only two qualified on the written examination and neither of them
could pass the swimming test; Adequately trained, well-qualified
young men are not easy to find and we had the best. Let's get the
lifeguards re-instated at once, and at a decent salary."
Mrs. Elizabeth Sessler of 6103 North Ocean Blvd., in 0cean Ridge,
commented as follows: "I would like to present this petition which
has been signed by more than five hundred citizens and visitors to
Delray Beach in protest of the recent action by the City Manager. We
know that the Council has given strong consideration to petitions
with far fewer names, and we sincerely hope that these signatures,
which were given in a twenty four hour period, will stir this body
into some type of action against such ~eemingly dictatorial practices,
and restore the old li£eguards to their positio'~%~ One ~ember of the
Council recently recommended a citation' to our ti.~eguards. This
certainly could not be taken lightly. These young men have gained
respect of residents and visitors alike only by thei~ef in their
responsibility to the city and to their Jobs. All' o~are compe-
tent, courteous and efficient, and we feel that there~t been a
full airing of their position as opposed tothat of ~~.i'Manager
and the Recreational Director. Responsibility of the re2~:~'onship of
3-12-62
March 12, 1962
employer and employee should not Just be one sided. The employer,
which is the City., rePresented by you Gentlemen, we believe has fail-
ed in its responsibilities in this case. It isn't too late to mend
the fences, and thorough these petitions we sincerely ask that you
fulfill your responsibility. I would like the petition read---I only
read the preface to it-'-t would like t~ qualify myself a bit more in
saYing that my children attend school in Delray, they swim at the
Delray beach and I feel myself a citizen of.Delray."
Mayor Dletz accepted the petition from ~-~s. sessler stating that
it would be checked and considered later.
Mr. Russ Bennett, a student of Ohio State University, now residing
at 123 N. E. 5th Avenue, Delray Beach, stated that he had been a life-
guard in Ohio for several years. He commended the former city life-
guards on their work and courteousness'to the public, and he consider-
ed Delray Beach an ideal town and Would like to see them keep their
standards up.
Mrs.'Sessler commented further. "As ~ou know, Ocean Ridge does
not have a beach that is patrolled. The beach is there, .however, it
is not really a public beach. Therefore my four children use the
beach in Delray. I am not about to trust my children to the care of,
I mean by this the lifesaving end of it, young men who are tested
swimming two.hundred yards, with fins, in the city pool. I think
that we have great lifeguardS. I think that the qualifications since
Mr. Pelczynski has been in there have been enlarged. The men now do,
I believe, a thousand yards in the ocean plus a simulated rescue. I
would like to.see, if new guards must be, a~ least let them toe the
line~and let them adhere to.the..qualificatio~s that have been set
forth by Mr.~ Pelczynski. I think that you ar~ losing one of the
finest people that you have employed by the city if you lose this man.
,,
I think you are fools if you let them go.
Betty Russell, 308 South Swinton Avenue, stated that she had been
coming to Delray Beach f.or fifteen years, and that she thought the
lifeguards were some off,he finest young men.that She had ever known
and expressed a wish that each Councilman had known these lifeguards
personally.
Mr. C. W. Heppenstall of 210 B. W. 7th Street, De~lray Beach, thanked
the Council for permitting him to attend their ~reliminary meeting and
asked that he be permitted to read a copy of his letter to Mayor Dietz
of March 8th, copy of which is attached to and made a part of the
Official copy of these minutes. Mr. HepPenstall also presented a copy
of a notice from the Boca Raton paper regarding applications of life-
guards, and commented on the pay scale Of the Delray Beaoh lifeguards.
Mayor Dietz replied that the pay scale that is in e~fect was inherited
from the previous Council. See Page 68U.
Mr. Dan Ward of 229 S. E. 2nd.Avenue, ~Delray Beach co'anted as
follows. "I have Just finished giving the lif~a~ds their Senior
LifeSaving Test, to which one could 'not have a~e.d for' a better group
of boys to work as hard as they have..worked. They did this after
hours, without pay from the cl~y. It is given by the American Red
Cross Standards, and we are proud.that these b, oys.~ve worked so hard
and have come .through with fl~ing'colors. We.s.ta~'~ed with twelve
people and ended up with nine.. Those 't~at GOuld not pass the test
and could .not'stiCk'it out always drop ~y%P~e.wayside,'.iand 'therefore,
What generally happens is the. ones that.~ni~h the course pass with
flying colors. ~lso I think that Delray BeaCh hAS one.of the finest
beaches that~you can find in'the State of Florida. I think it is
time that our City realizes that if we did not have our beach, we
WOuld not have the'tourists that come to our town. We are glad to
have.'them enjoy our beach facilities, and if this is .one of the finest
beaches in the state of Florida, also ou~ lifeguardS'represent our
foremost. Ih the place of ambassadors Of good will, the lifeguards
try to get t6 know the'people Who .swim around their stands,'what kind
of afflictions or handicaps'these people have, that they might better
l~now them and recognize when they have trouble in the water. They are
greatly concerned and deeply moved if an accident happens in their
sector of the'beach. I know recently, within the past year and a half,
one of the lifeguards came upon one of the gentlemen who died of a
-2- 3-12-62
March 12, 1962
heart attact on our beach and it greatly disturbed .him because he was
not able~ to do anything~ ~Does this t. ow~like the~type of guard who
is~ not interested in our City and ou~r beach? I personally could not
give up a Job-and ~o~k for the~salary.~that you are. paying a .$$feguard
now with the qualifications that I have after teaching for the Red
Cross for over eight~ years, an~ have worked on the city be~6hes as a
lifeguard,~ ~in the 'pool and on the beach--as a substitute and r~lief
lifeguard, and .I think that ~hese lifeguards have done a wonderful
Job for our city. I ~cannot see where they have caused'any ~embar~ass-
ment to our city. Certainly some of our city officials have caused
a great deal of embarrassment, and we have not been .demanding of any
public apology by them. It seems that every time our Rec~bional
Director's name appeams in the paper, it is cyst a controversy, and
never has our City Manager demanded an apology from~him, an~I don, t
think now at this time that our lifeguards have caused our C$$y any
great deal of embarrassment.!! In furthe~ comments., Mr. Ward ~stated
that he felt the Council would want to do some furthe~ investigating
to find where the fault lies.
Mr. James Carter of 330 N. E. 3rd Avenue, De]ray Beach, h.$ghly
commended the lifeguards that the city has this season.
}~r. Avery commented: "Mr. Mayor, in connection with this public
request, I think it proper at this time that I get on record as to
my position in this matter. LaSt Thursday I was called by a citizen
of this town who informed me that this situation was developing. I
reported to the City Manager and suggested a request that it be in-
vestigated, because if he could stop it before it got started was the
proper application. Friday after the thing started developing---I
have a copy of a request to the City Manager and members of the
Council requesting a meeting, a conference, as quickly as possible,
but at the same time telling the City Manager that I.had to be out
of town that afternoon and night, and suggested that~ Saturday, and
not later than Sunday, would be proper because I thought it was
critical, It was obvious that the city wide pay scale was involved
and that the City Manager. ..... or the City Administration was claiming
that they didn't have the tools to work'with as far as pay scale was
concerned, and I felt that we, as a Ccuncil~ could provide them with
the tool that we were taking under consideration and would start con-
sidering the pay scale so that these peo~le would know that we were
at least considering their situation. I asked that this be circulated,
and I gave copies for each one of you gentlemen and the Cit~ Manager,
and asked that it be circulated---distributed to the Council immed-
iately. It was not done, and when I got back from out of town I found
that the City Manager had called a meeting for-seven that night stat-
ing that I wouldn't be available that evening. The next day I checked
with two of the Commissioners to see if they had. received this request
They had not received this request which I had asked to be sent to you
gentlemen, so I called the City Manager's home and left word with his
wife. Two hours later I was delivered the request, together with a
statement from him, and that reply to him submarining the conference
which I had scheduled stating erroroneously that since it was left up
to him that evidently he should set the time which was not so, and was
not worded in the request at a11'. There has been a lot said, a lot of
personalities involved. This afternoon at a conference, which I was
told by the City Manager was being called for this because i had call-
e8 him and asked him to put this on the agenda tonight---he said we
were going to have a conference on the subject an~ would that satisfy
me. I told him that would be fine, but if he didn't have the con-
ference, I wanted it on the agenda tonight. This was last Wednesday.
The conference was called tod.ay and it was on the City pay scale but
I was not given an opportunity .to say .anything about this. In fact I
' " d
was told by the Mayor to shut-up . }ir. Woo~ar and Mr. Talbot were
there, and they did no~ protest. Later the Mayor apologized, but this
was after 'the meeting.was .long closed, so there was no chance to get a
word in on the thing. Fortunately I held onto my temper pret_ty well.
There is much that hasI been said .... I have heard only by rumor, that
it has been clai.med that I was involved in .the fostering of this thing,
and the lifeguards themselves and Mr. Pelczynski will verify the fact
that I didn't even know most of them, and haven't talked to them at
all, but I have been Called~ by citizen~ of this town and that is the
way my interest developed. I think it is-time that it was taken out
-3- 3-12-62
March 12, 1962
the area of,personalities because it wasproved this afternoon by
nfe~ence that personalities-are involved. One of.the papers
said I was go%ng t?_~_[2[,~i,'~rter in ten days preceding, as
~,~ ~m~ ~a'lked ~o ~nm's ~w,~=~- ~-~ _ _'~ --- ~^ ? intend, to ask
'~ ~- - - ..... ~'~- ~o'I had not xn~enGeo,
Charlene Will v~rA~j,
for the dismissal of anyone. However, bhere a~.~e claims'and charges
made and the chronology of this thing is-such .~o indicate that there
is much confusion on both sides..The City Administrator on. one hand
says that he didn~t get these things. .The citizens who contacted me
say that these things were forwarded through. ~I know it's our City,
and our City right or wrong,-but .we have tobe conscious .of the
feelings of the citizens of this town, and ac I think it is most
appropriate that the air be cleared,.and .that. it be taken out of the
area of personalities, and that this thing be resolved and resolved
properly; that this Commission appoint a committee consisting of past
Mayors and a member of this Council who is a past Mayor. Mr. Roy
Croft, Mr.' BobHolland and Mr. George Talbot to thoroughly investi-
gate all of the facets of this thing with the power to interview
anyone they so choose and to call for any of the city audit that they
so choose and report back to 'this Commission with any action which is
indicated that we should take, I so move."
The motion was seconded by ~. Warren.
Mayor Dietz then commented: "One must be very careful in their
appraisal and criticism during a period like this, Here we are con-
fronted with a problem this Council inherited and yet the man that
made the motion, and the man that secoD~ed the motion, voted for the
particular pay Scale that this city has and that has brought on this
entire controversy. Let it also be clear in the records that the
City Manager form of government is such that the City Manager. operates
along the lines, and only along the lines, that are set forth by the
CoUncil. The City ~anager has no right to raise pay. The City Man-
ager has no right to spend money. He does that under the policy
direction of the Council. The City Manager~inherlted a situation in
e o inion, he has done very much in a very short
which, in myhumbl P ..... ~ ,~ ~-ed now more than any-
time ~iven to him to clear 1~ up.
thing else is everybody's help to undo the harm and the difficulty
under which we are operating. Just take .yourselves back a few months
when three of us here were electioneering and how the steamroller was
working and how things were done in haste. You do them in haste to-
da~ a~d yourepent tomorrow.- In a city the size of Delray, ~your
'elected officials, in my opinion, owe. it to you to use the best
Judgment that they know how in the handling of your monies, even more
so' than the handling of their own money. Now, as to the special
- meetings, let's get the records straight on that. We had s special
meeting called .by three of the Councilmen, Mr. Avery, Mr. Warren and
another Councilman. 'We waited a half.~anhour and Mr. Warren arrived,
and Mr,'Avery hasn't shown up ~to this day to that meeting. Those are
the situations, ladies and gentlemen, ~that we are opDrat~ng under.
Tou can either operate your city in a manner-that ~il 6~eate confi-
dence, respect and dignity and above all, law and 0mdgr,- You don't
have mutiny on a Ship, and sail that ship in the r'ight direction for
long.' The issue at stake transends, Delray Beach is making a change.
a ~ust bec6me"conscious of the fact that~it has a City Manager
It'h s_J ~ .~ o~ tha~-the Council is a,~policy making group
form or government,
and the~City Manager is the administrator, and it is encumbent on
egery CoUncilman elected by the people, who wish to serve the people,
to assist the-City Manager with the very best that~he has in him, not
to see how much might be brought up that we all realize is.there, but
we inherited'this, youwill hear shortly that we ha~e taken action,
but we have taken action' in an orderly wa~, In a way that we can
operate. We are so short-in our budget that<,we don~t even know how
ited that~'tbo. As you people become excited
~ tut around ~'We inher .......... ~--ue .far ~reater that
emotio~a!!Y ab?u~:tssHe~ ~i~ ~n~, ~{.Delrsy continue, wip~ ~_~orm
of government' ~here ~he Councilmen are .interfering in the ~c~mv~mes
of the City and brihg you to-.the point that' we are now in, or shall
we go in an 'orderlyfashi~°n)'thr°ugh~he City Manager~ and our City
Manager, if he gets helP,~:I'm sure, will be one of the best.. I've
seen a lot of administrators' tn m~y day. I've worked with them. They
don't do it' on their own. ~Any organization grows and becomes large
because of the cooperation that everybody puts into it."
- -4- 3-12-62
March 12, 1962
Nm~ Wooda~d commented:~ "Nm.. Mayor, I would like to make a comment.
~e issue at stake here is not what fine and capable individuals our
lifeguards are. The Council recognized that at a recent meet~n$ at
the recomEendation of George Talbot, who concerns himself sp~i~ically
with beac~ problems. We.commended the lifeguards for what a ~e Job
they were doing. This is not. t~e issue. We ~gree with you on that.
Our action is predicated on .the fact that we were given an uttlmatum.
We were given an ultimatum that we would revise our pay scales'~ithin
twenty four hours, or we were going to loose the services o2 thsse in-
dividuals. Obviously, we. can't have this happen. If this happened
in one case, in one department, where would we. be as far as we ~tood
with the other employees of all the other various departmentS"W~ere
we recognize that there are equal inequities? As a result, we were
not basing our decisiOn on in~ividuals or personalities or caPa~lli-
ties, but on the facts as they were presented to us.'~
Mr. Talbot: "I concur 100% with .CounciLman
Nm. Avery: "To the motion, Mm. Mayor. Since you made a statement
and involved Mr. Warren and I in this thing, I think it is q~lt~
proper that I state my position. We certainly did vote for %hl~
thing. Last year we were attempting, and were told that we
loosing a lot of personnel to other enterprises. This was at attempt
to put the merit system into effect---granted there are many fallacies
that have proven in this thing, but it doesn't get away from our
motives in voting for it. The City Manager has never brought forth
to any meeting that I know of~ any policy, and if this situation
complishes nothing more, it has accomplished for the.entire city
personnel that i~ forced this thing in front of the Council, and the
City Manager with an analysis of this thing pointing out some
fallacies. The Mayor is asking for time. ~. Woodard has said that
this exists. Prankly, I don't know what is true and what isn't true.
So far, we as a Council, have only been able .to hear one side of it.
Mm. WoodarO and ~. Talbot know only what' they have received from the
City Manager, and I say that there are indications which indicate
that there is a whole lot more to it than this, and I feel that this
Committee which I am asking for will lend itself to a studied common
sense, level headed approach so that we, as a policy making body, can
see that the proper thing has~ been done." ~
Mr. Warren: "Mr. Mayor, to the.motion and your comment. Last
year's Council and five years prior to that to the best.of my know-
ledge, which I have served on the Council, we have made every effort
to conduct the C~ty's business in the best pQssible manner with un-
selfish ~umpose~ many hours spent, year in and year out, and I think
we accomplished as Euch as you will ever accomplish in your adminis-
tration. We provided for wage increases. We ~rovided more money in
the budget for wages, but we did it in a manner that probably wasn, t
comprehensible or wasn't applie~ at the stretegic time, therefore, I
believe that through Mr. Avery's motion we will fin8 out the ba~k~I
ground-of' this~ In all due regard to the City Manager I woul~ Itke
to know the background. I would like for Mr. Talbot to participate
in it as Nm. Avery suggested."
Upon request, by the Mayor, City Manager Smi~zes read all the
memorandums,'reports, etc. pertaining to this item that had been
issued and received, all of which are attached to the minutes for
each Councilman and.are also filed with the official records of these
minutes.* Pollow~ng the' readin~ of the memorandums, etc., the City
Manager commented as follows: In response to this, gentlemen, I
myself, through the Director of Recreation.had the Director of Recre-
ation personally contact each of the seven guards in an attempt to
get to the bottom of this crux. He spoke to each of the seven at
approximately I o'clock on-Monday. Each of the seven sincerely agreed
that they would meet with us in my office at 8:~0 on T~esday morning
to discuss the matter at'hand. At 5 o'clock, one speakio~-for 'seven,
-stated that they woulO not be-able to meet with us at 8:30 for various
reasons~ 8:30 came about-. It was also stated on a Monday afternoon
to the lifeguards that although it was thirty minutes earlier than
they go to work, the city was willing to compensate them with pay for
their extra thirty minutes of imposition on hhem to solidify their
present Job. They did not show at 8:30. Time went on to 3:00 o'cl6~k,
* See PaEes 68H thru 68T.
-5- 3-12-62
March 12, 1962
and ~ received acalifromMr. Art Hanwell stating that he would like
to meet with me at 3 'o,clock. I said certainly,, the door is always,,
as .it has always been, open. At.3 he uame over with five. We had
a very long Conversation.' A very sincere conversation. ~,A very en-
lightening conversation that-dealt w~.th things other than salary wage
increases and at the end of this conversation, I confronted each with
the same question and each was looking at the other, and I asked
'Please tell me why we couldnlt have had this meeting at 8:30 in the
morning and had this whole thing solved instead of you waiting until
three?' I got two direct answers from two lifeguards stating that
they had been advised by their supervisor, and this is a matter of
record, that he had been-advised by the .supervisor that it would not
be beneficial for him to have the meeting at 8:.30~ The next day I
called'the supervisor to verify it, and I~¢ould not get positive
answers as to why he.would taka.such a position. ~ couldlnot get a
positive answer as to why he, who concei,~ably during this Deriod of
time was not 'involved, he was Just a spokesman, but still carrying
the title of supervisor, why he did not see fit to come to the meet-
ing at 8:30. No satisfactory answer was given by him. In view of
all.~hose matters we had no choice, no alternative but to take the
actibn we 'did with the further stipulation that any lifeguard who de-
sired to apply again could do so. We have yet to see the first apply.
We are at this period in theprocess of completing the hiring of
seven lifeguards, all of which qualify under the American Red Cross
Certificate."
Uptn call of roll on the motion to appoint said Committee to study
this matter, Mr. Avery and Mr. Warren voted in favor of the motion
and Mayor Dietz, Mr. Talbot~and Mr.. Woodard were opposed. The motion
did not carry.
The Mayor, in referring to the petition presented earlier by Mrs.
Sessler, advised that no action would be taken on same due to the
extreme minority.of signers thereof being resider~of Del~ay Beach.
The Mayor advised that answers to definite questions asked by Mrs.
Sessler would be provided on'or before the next.regular Council
meeting.
5. Mr. Woodard reported that the Council had a meeting at 1:30 today
to analyze the employees wage scale, and feel that a professional
analysis should be made of the wage scale, but as there is insuffi-
cient time and funds at this time to have said professional analysis
made, mOVed as follows: 1. That the City Manager be instructed to
authorize the hiring of new. employees at the previous existing wage
scale, which as you know is in some oases higher than the existing
the City Manager be
wage scal%. 2. That where performance ~erits~%5
authorized to l~crease wages to a maximum of of the current salary
of the employee concerned. This 5% maximum to apply in such cases as
the employee is now above the maximum indicated .in our existing wage
scale. 3. The Building Inspector be listed as Building Official and
that his Job Classification'be increased to Class 16. Mm. Avery
seconded the motion if .Mr. Woodard was willing to accept a ~fourth part
to his motion as follows. ~o That the City Council be given a monthly
report ~s to pay increase requests from the Department Heads and dis-
position thereof. P~.Woodard accepted part four of the motion and
then asked the City Manager if he had received requests from Depart-
ment Heads based on merit for increase in salary to which the City
Manager replied that he had received several and had not turned any
down yet. ~yor Dietz then explained to the audience some of the de-
ficienciesi'.~f t~e~alary scale and what the Council is attempting to
accomplish ~t thi~ time. Upon call of roll the motion .carried unani-
mous ly..
6.a. City Clerk Worthing info~med the Council that ~.~. WitliamD.
Augustson had purchased the Liquor License No. 1514 from Cloyd
Standafer covering the operation of the Liquor Lounge at the Bon Aire
Hotel and that the State Beverage Department and the local Police
Department have investigated and approved the'transfer of this license.
It was moved by Mr. Woodard, seconded by Mr. Warren and unanimously
carried to approve the transferl~of said Liquor License.
-6- 3-12-62
M~rch 12, 1962
6.b. The City Clerk presented a request from ~.~s. I. Lunberg to operate
a child care center at Loti'26, Block 10, Del Ida.Park, the center to
take care of approximately ten to-twelve children of pre,school age
and to operate between the hours of 8 A.M. and 12 noon, Monday thru
Friday. Mr. Avery moved that thi~ request be referred tothe Planning/
Zoning Board for Public Hearing and recom~aendation to the Council.
The motion was seconded by Mr. Talbot and carried unanimously.
6.c. City Clerk Worthing presented a letter from the Delray Beach
Chamber of Commerce concerning parking control on East 5th and 6th
~venues.. It was moved by Mr. Woodard to refer this matter to the
City Manager and the City Attorney so that they may take whatever
steps are necessary to bring about the request of the Chamber cf
Commerce. Mr. Avery seconded'the motion with the request th~ it be
stated that the Council is in accord with the Chamber's req~ee~ and
want to accomplish this if possible. The-motion carried una~i~eusly.
6.d. Concerning a request by the Beautification Committee for con-
struction of a sea wall along the East boundary of the City Park
abutting the Intracoastal Waterway,.the City Engineer has submitted
s report estimating the cost to be $21,000.00 which would include the
bulkhead, a walk and a 25' x 50' boat launching ramp. It was recom-
mended that such improvementbe postponed until 1962-63 budget dis-
cussion, at which time the Council may give it further consideration,
as this is not a part of the current budget's Capital Improvements.
It was moved by Mr. Warren, seconded by. Mr. Talbot and unanimously
carried to go along with the recommendations that this be considered
at the time of the 1962-63 budget discussion.
6.e. Regarding the Florida Inland Navigation District, City Manager
Smitzes read'a report from the Chairman of the Waterways Committee,
dated March loth, concerning a tour made by Mr. Smttzes, Mark Fleming,
Paul Ledridge and Paul Eno. wles. Mr. Avery moved that the city pursue
the suggestions 'set forth in said Report and that the Committee be
asked to continue their contact with Col. Schull for the private in-
terest that they have so ge~ierqusly offered. Mr. Woodard seconded
the motion contingent upon the 2act that the residents in the' area
to be affected and the State Board of.Health approve of dumping the
fill there. The motion carried unanimously.
X. Mr. Talbot commented as follows: "While I have served on the City
Council, the two previous'Years, one as Commissioner and one as Mayor,
ahd during "this present current year, I ~have always looked around and
gone out of the way to find something whereby our city employees can
be complimented. We all know that anyone working for the public is
subjected to enough abuse. It's unfortunate that following my re-
commendations on February 26th that the distressing situation came
about.. However, presently I am referring to the unusual phenomenon
that we have all experienced with the high tides caused by a storm
about a thousand miles northeast of Delray Beach in the Atlantic and
we know the condition of the beach and the road. Many, many people,
both tow-ns people, ~and guests~ tourists have brought to my attention
the wonderful, efficient and you might say---above and beyond the call
of duty---the way the beach was cleaned up, and if the Council so
pleases, I would like to suggest that through the City Manager, Mark
Fleming and the Public Works Department be complimented most highly
for their deserving effort and results~ and so move." The motion was
seconded by Mr. Warren and carried unanimously..
Mr. Avery stated that he had read in a newspaper that the Public
Works Director stated that this storm had proved beneficial to the
City of Delray Beach approximately $50,000.00 and raised the sand
level about two feet. He also stated that he hoped this might make
the National News Service.
Director of Public Works Fleming stated that was~[~uick estimate ·
and on the conservative slde, lbut that it did benefit ~elray Beach
greatly.
.-7- 3-12-62
r¸ 60
March 12, 1962
8.a. City Clerk Worthing read ORDINANCE NO. G-429.
AN ORDINANCE OF"THE CITY COUNCIL ,OF THE CITY OF
DELRAY BEAOH, FLORIDA~, ANNEXING TO THE~CITY OF
DELRAy BEACH CERTAIN LANDS LOCATED IN SEOTION 9,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE
OONTIGUOU~ TO EXISTING MUNICIPA~ LIMITS OF~ SAID
CITT: REDEFINING THE BOUNDARIE~ OF SA-ID CITT TO
INCLUDE SAID LANDS: PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LANDS: AND PROVIDING FOR THE
ZONING OF A PORTION OF SAID LANDS.. (Dr. Raborn)
(copy of Ordinance No. G-429'is attached to and made a part of
the official copy of these minutes.) See Pg,~68A, 68B an~ 68C,
There being no objections to ~rdinanoe No. G-4-29, it was moved by
Mr. Talbot that said Ordinance be passed and adopted. The motion was
seconded by ~r. Avery and caPried unanimously.
8.b. City Clerk Worthing read -ORDINANCE NO. G-~30.
AN ORDINANCE PROVIDING TEAT IT ~SHALL BE UNLAWFUL
FOR ANY PERSON, FIRM OR CORPORATION TO USE WITHIN
THE CITY OF DELRAY BEACH, FLORIDA, OR RAVE IN HIS,
HER OR ITS POSSESSION FOR USE tN SAID CITY CERTAIN
CHEMICAL C0~[POUNDS KNOWN~ AS "RESTRICTED USE PESTICIDES"
UNLESS SUCH PERSON, FIRM OR CORPORATION HOLDS · CURRENT
RESIDENTIAL PESTICIDE SPRAYING CERTIFICATE ISSUED BY
THE STATE BOARD OF HEALTH OF FLORIDA OR IS THE OWNER
AND OPERATOR OF GREENHOUSES OR BOTANICAL NURSERIES OR
IS ENGAGED IN AGRICULTURAL PURSUITS HOLDING A CITY
OCCUPATIONAL LICENSE FOR SUCH PURPOSE AND PROVIDING
THAT THOSE PERSONS, ~FIRMB ~ND CORPORATIONS PERMITTED
TO USE SAID "RESTRICTED-USE PESTICIDES" SHALL ONLY
USE ~THE SAME IN-THE CITY O~ DELRA¥ BEACH IN ACCORD-
ANCE ~ITH THE R~S AND REGULATIONS PROVIDED FOR IN
THIS ORDINANCE: RESTRICTING THE SALE THEREOF TO
CERTAIN QUALIFIED' ~PERSONS, FIRMS AND CORPORATIONS: AND
PROVIDING FOR A PENALTY ~FOR THE VIOLA~TION 0F THIS
ORDINANCE AND DECLARING THIS ORDINANCE TO. BE AN
E~ERGENCY ~ASURE AND PROVIDINGs. WHEN THIS ORDINANCE
SHALL TAKE EFFECT.
(Copy Of Ordinance No. G-430 is attached to and made a part of
bhe~0ffiCi'al cbpY Of ~'these minutes.) See Pages 168D, ~8E, 68F, 68G
There being no objections to this Emergency. Ordinance No... G-430,
it was' moved by Mr..Avery~ that said Ordinance~be passed and adopted
on this~fiPst and final reading. ~The motion was seconded by
Wo~odard 'Who ~han~ed ~the Committee appoinbed~ to create this Ordinance,
for ~e~r fine'wO~k, which is tYPical of what oan'be accomplished when
everyone ooop~ra~$es. Mr. BillMurray, President of the Palm Beach
Spra~en~s Ass0~iation thanked ~the Counc~il for~the opportunity of
serving on the Committee concerning an Ordinance that is beneficial
to the public and th~-clti, zenS of Delra~ Beach and asked,~on behalf
of the Co.mmi't,$ee~ that a letter be sent to ,M~ Frank Wilson o~ the
Florida ~tate'~Board of Heallth thanking him..~. making a trip from
Jacksonville to meet with ~said committee in prepa~z~g this O~inance.
It was suggested that said ~letter be sent to Mr. John A. Muluv.anen,
Director of the Florida State Board of Health.
Mfrs. Stuart Lankton, Chairman of said Committee, th$.~ked t~he Council
and others for their consideration and~assis~i~¢e in ~$~ari-n& this
Ordinance and bPought attention t'o the ~ac~.~.Ma~o4~-~.etz h~d
advised that they proceed slowly, which wa~i'i~']~ery ~lse decision.
It was brought to the attention of the ~Council and public that any-
one interested in Ordinance No. ~G-4~30 is invited by the City ~anager
to come to the City Hall and review same.
Upon call of roll the motion to adopt Ordinance No. G-~30 passed
unanimous ly.
-8- 3~12-62
61
March 12, 1962
8.c. City Clerk Worthing ~ead~ O~DI~NCE NO. G-4~31.
AN 0RDINA~ ~ ~ ~TM COUNCIL 0~ ~ O~ 0~
DEL~Y B~OH, ~LORI~', ~A~DING CHAPT~ 16, ~CODE
0F 0RDINANOE~ OF SAID CI~ ~ ~DDING A SECTION
PERTAINING T0 ID~TIFICATION OF ALL TRUC~ OR
MOTOR DRI~ ~HIC~, ~0PERAT~ 0R ~ED IN C0~-
~TION ~ A~ B~I~SS, OCC~ATION 0R PROFES-
SION IN T~CI~: A~ PR0~DING A PENAL~ FOR
~ ~O~TION TH~EOF.
~R~S, the City Council of the City of De~ay Beach, Florida, has
dete~ned that the Occupational License ~partment of this City is
having difficulty preventing certain persons, firms and co~o~ations
from engaging in business in ~is City without proper occupational
licenses, and
~S, the City Co~cll deems it to be in the interest of the
citizens of t~s City that the provisions of the Occupational L~cense
0rdina~es of the~City be strictly e~orced;
NOW, THER~O~, BE IT O~AINED BY T~'CI~ C0~CIL OF THE CI~ 0F
DE~AY BEACH, F~RIDA, AS FO~0~: -
SECTION 1. ~at Chapter 16 of ~e Code of ~Ordinances of the City
of Del~ay Beach, Florida is ~ended to ~ead as follows:
"Section 16-12
Any and all trucks or motor driven vehicles, operated
used in co~ection with ~y business, occ~ation o~ p~ofession
in the Oity, shall have ~ainted upon a p~o~nent place upon
such t~uck or motor d~iven vehicle, the n~e and address of
the business in which such truck or motor vehicle is used.
Any person, fi~m or occupation who violates, disobeys,
o~its, neglects o~ refuses to comply with the provisions
of this Section sh~l be fined twenty-five (~25.00) Doll,s.
Each da~ ~ violation e~sts shall constitute a separate
offense~~
PASS~ AND ADOPTED this t~e.12th day of ~rch, 1962.
There being no obJe~$$on~ ~ Ordinance No. G-431 it was move~ bR
I~. Warre~, se.o~ded ~' '~. ~$~ot and unanimously carried tha~ said
Ordinance be "passed a~.~. dop~'~ 'on this second~ ~d final reading.
~e City Clerk ~'~.~' O~iNANCE N0. G-432.
AN ORDINANCE OF ~ CI~ C0~CIL 0F ~ CITY OF
DE~AY B~CH, FL0~DA, At'.~NDING S~ECTION (b),
SECTION 2~-2, CHA~ER 23, CODE OF 0~INANCES 0F
SAID CI~ PE~ING T0 T~ APPROVAL 0F THE BUI~-
ING INSP~TOR~R ST~ET NA~ FOR PROPPED S~DI~SIONS.
BE IT 0RDAI~D BM THE O!~ CO~CIL 0F EE 'CI~ 0F DE~Y B~CH,
FLORIDA, AS FOLL0~:
Section 1. That subsection (b) of Section 23A-2, Chapter 23, Code
of Ordinances of bhe City of De~ay Beach, Florida, is hereby ~en~ed
to read as follows:
"(b) Following this coherence with the plying board, the
s,ubdlvider shall submit to the director of public works a
copy of the sketch plan for approval of the utilities in-
~lved in Item 3 above; then he sh~ll submit said sketch
~an to the building inspector for approval of t~ proposed
s~treet n~es for the subdivision, after which he ~y p~oceed
to prep~e a preli~nary pl~ in accord~ce with ~he in-
strut tions hereinafter .contained."
PASS~ A~ A~ this the 12th ~ay of March, 1962.
-9- 3-12-62
March 12, 1962
There being no objections to Ordinance No. G-432 it was ~moved by
Mm. Woodard, seconded by ¥~.~Talbot and unanimously carried that said
Ordinance be~p~Sed.~l~d ad~pt~d on this second 'and final reading.~
8.e. The Ci.ty Ol~rk-~re~d 0ROIN~NOE N0~iG-433.
AN ORDINANCE OF THE CITY COUNCIL OF THE CIE
OF DELRAY BEACH, FLORIDA REPEALING ORDINANCE
NO. G-41~~ WHICH PERTAINED TO CERTAIN DESIGNATED
AREAS MHERE CARNIVALS AND CIRCUSES ARE PERMITTED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA: ' '
Ordinan~ce No. G'414 be 'and the sa~e is hereby ~epea'led.
PASSED AND ADOPTED this 12th day of March, A.D. 1962.
There being no objections to .Ordinance No~ G-433, same was unani-
mously adopted on second and final reading on~ motion by Mr. Woodard
and seconded by ~. Talbot.
8.2. City Clerk Worthing read ORDINANCE No. G-434.
AN 'ORDINANCE OF THE CITY COUNCIL OF THE CITY
DELRAY BEACH, FLORIDA, A~NDING SUBSECTION 71,
SECTION 16-11, CHAPTER 16, CODE OF ORDINANCES OF
SAID CITY PERTAINING TO LICENSE FEES FOR CIRCUSES,
CARNIVALS, VAUDEVILLES AND MINSTRELS.
O~dinance No, G-~34~ was unanimously Placed on first reading on
motion by ~..Avery and seconded by.?~. Warren.
8.g. City 'Clerk Worthing read ORDINANCE NO, G-435.
AN~iORDIHANOE OF THE' CITY COUNCIL OF THE CITY O~~
DEL~AY BE~.CH, FLORIDA$ AMENDING SUBSECTION (d),
SECTION ~ 7, CHAPTER S, CODE OF oRDINANOES OF
SAID CITY, AND PROVIDING THAT ANY SIGNS M~DE
NONCONFORMING BY THIS AMENDMENT ARE TO BE RE-
MOVE~ ON OR BE~0RE. DECEI~BER 1, 1962.
\
Mr. Warren me~ed., te Pla~e ordinance No~ G-43~ on first reading an~
s~ggested that th9~ Ord~a~e ~d a lette2~ concerning its purpose be
forwarde8 to the EerCh~ts~ Division of the Cham~e~' of Co~merc~
order that they m~y be f~ilia~ with, it befqre the public hearing on
same at the next r~gular Council meeting. The motion was seconded by
Nr, Talbot~ and car~e~ unanimously.
8.h. RESoLUTIoN NO~ 1391 Was then submit'ted.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH~ FLORIDA, REQUIRING PLANs, SPECIFI-
CATIONS 'AND ESTIMATE OF COST TO OPEN, GRADE AND
PAVE THAT PART OF NORTHWEST SEVENTH AVENUE LYING
BET%~N SECOND AND FOURTH STREETS: ALSO THAT PART
OF NORTHWEST FOURTH STREET LYING BETWEE~ FIFTH ~ND
EIGHTH AVENUES: AND THAT PART OF NOR~ST TENTH
AVENUE LYING BETWEEN ATLANTIC AVENUE AND NORTHWEST
SECOND STREET.
WHERE~S, the city Counci% of the..OitY of Delray Beach, Florida, may
deem it to be~.necessa~y for the safety and convenience of the public
to open, ~g~ade and pave that part Of'NorthWest Seventh Avenue lying
between Second and FOUrth Streets; also that'part of Northwest Fourth
Street IYing between Fifth i~and Eighth' AvenueS;J and mat part of North-
west Tenth Avenue Iy'i~g ~$Ween Atlantic ~vende and NOrthWest Second
Street to a Wldth Of Twenty-four'(24)'feet, the City of Delray Beach,
Palm Beach County, Florida, to sha~e in the cost of such improvement
with the owners of lands abutting thereon;
-lO- ~-12-62
March 12, 1962
NOW, THEREFORE, BEIT RES0~VED by the City Council of the City of
DelraY Beach, Palm Beach. county,~Flo~Ida, as follows:
SECTION 1.~ That the City Manager be required to submit plans,
specifications and an estimate of the cost of such imProvement 'to be
made, and that the same shall be placed on file in the office ~ the
City ~nager.
PASSED AND ADOPTED by the City Coun~it of the City of Delray Beach,
Florida on this the 12th day of March, A.D., 1962.
Resolution No. 1391 was unanimously passed and adopted on motion by
~.~. Warren and seconded by Mr. Talbot.
8.i. City 'Manager Smitzes presented the following petition signed by
property owners in the vicinity Of N. E. 5th Street and N. E.'6th and
7th Avenues:
"The undersigned property owners, abutting and adjacent to
N. E. 5th Street, strongly protest action taken at the February
26th Council Meeting, giving access to the alley between N. E.
4th and 5th Streets from the east, at the north end of sa~d
alley, in violation of word given owners by Council June ~,
1960 Shat N. Eo 5th Street from 5th to 7th Avenues would not
be opted until such time as abutting property owners petition-
ed foX'same. ~
"We hereby petitio~ the p~ermanent abandonment ~f N. E. 5th
Street betwee~6~and 7th Avenues, reverting $e present
abutting property owners, to help keep one of the few re-
maining nice duplex areas ~n 7th Avenue and the nice home
area east 0~ that from depreciating, by allowing property
owners to replace the Auatralian Pine Hedge Which has been
maintained for 10 or mo~ ye~r~ across 5th Street east of
this alley (or install a landscaped CBS wall) so necessary
to us all for following reasons: 1. To screen out the
very objectionable co~cercial view presented from Federal
Highway to ourselves, tenants and visitors. 2. To help
baffle the very disturbing noise occuring every few nights
at 4 A.M. or so, from~collection of garbage and unloading
of automobiles on Federal Highway."
Following comments $~d explanation by Mayor Dietz concerning this
item, Mr. Avery moved $~ denylsaid petition for abandonment of a
portion of N. E. 5th Street. The motion was seconded by Mr. Woodard
and carried unanimously.
Mr. Warren then moved to rescind Council action taken on February
26th pertaining to opening N. E. 5th Street between 6th and 7th
Avenues, the motion being seconded by Mr. Avery and unanimously carrie~.
City Manager Smitzes explained that even though the abandonment of
N. E. 5th Street Was denie~, the intended purpose of the petitioners
had been accomplished and that the alley between N. E. 4th and 5th
Streets would only have ingress and egress to the West.
X. Terry K. Irwin of Boynton Beach called to the attention of th$
Council the noise and disturbance caused by garbage pick up at t~e
hour of three A.M. in the vicinity of the Bon Aire Hotel.
8. J. The City Clerk read RESOLUTION NO. 1392.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELR~Y BEACH, FLORIDA, COMMENDING LIEUTE~LANT JAMES
S. GRANTHAM FOR HIS CONTRIBUTION TO THE GENERAL
WELFARE OF THE CITY OF DELRAY BEACH, FLORIDA.
. WHEREAS~ James S. Grantham has recently completed a tour of duty
as Acting Chief of Police of the City of Delray Beach, Florida; and
~-ll- 3-.12-62
March 12, 1962
~4_ERF~S, du~g the period from September 30, 1961, to February
26, 1962, the sa&d ~mes S. G~h~ unselY~shly a~d t~elessly de-
this City as we~i.~, performing the normal duties, of his position
as Lieutenant on ~d Force; and
~S, d~ring the ~oresaid Period the Police Depar~ent oper-
ated at its usual ~ rate of efficiency, a fact which can be attri-
buted to the extraordinary ma~er in which the Acting Chief performed
his Job;
NOW, TH~0RE, BE IT RESOL~D ~ T~ CI~ C0~CIL 0F ~ CI~ 0F
DE~AY B~CH:
That in~eoognition of the above achievement, JAgS S. G~NEAM,
is hereby co,ended for ~s great Gontribution to the general we~are
of the City of Delray Beach, Florida.~
Unanimously adopted this 26th day of Febru~y, 1962.
Resolution No. 1392 was ~lmously adbpted on motion by ~. Awery
and seconde:d by Mr. ~9odard.
8.k.~ City Clerk Worthi~ read RESOL~ION N0. 1393.
A ~SoL~ION 0F ~E CI~ COUNCIL OF T~ CI~ OF
DE~Y BEACH, FLORIDA, S~TING POR~ T~ POLICY
OF T~ CITY ~TING TO ~Q~STS ON BE~ 0F
~ DE~LOPERS OF TROPIC IS~ AND TROPIC PA~
S~DIVIS I 0~.
~AS, the City Council of the City of Delray Beach, Florida, has
been rS~eatedly assured by oral pr0~ses in past'Ye~s as well as this
year that the Bubdivisions of TroPic Isle and T~opic Pa~s will be
forthwith brought up to city specifications; ~d
~AS, the Clty~OD~cil of the City of Delray Beach, Florida,
desirous of taki~ ~y necessary steps to hasten the development of
said Subdivisions,
NOW ~0~ BE IT ~SOL~D ~ ~E CI~ CO~CIL OF THE CI~ OF
DE~Y BEACH, F~RIDA, AS FOL~:
1. That the following shall be the policy of said city relating
to the development of Tropic Isle and Tropic Pa~ Subdivisions ~til
such subdivisions co~orm to the minim~ ~ity specifications in all
respects:
a) ~e City will entertain no requests on behalf of the
developers for ~y agreements which wQuld in ~y way va~
the originally proposed development of said Subdivisions.
b) That all property o~ers or contractors applying for
Building Per, ts in these S~bdivisionS shall be speCifi-
cally i~ormed that no Cer.tificate of Occupancy w~ll be
issued by the City ~til all services'to be furnished
said property, including water, street, drainage, Dle~ing
and ~ading requirements meet the ~nim~ citY specifications.
c) That no applications for replatting of that a~ea in
Tropic Isle ~ubdivtSion in the vicinity of the nor~hern-
most Spoil Area will be considered until the .developer can
demonstrate that Messrs. Powell, Schuck, McCowan and Pickard
co~letely acquiesce in the proposed changes.
PASSED A~ A~TED this I2~h day of March, 1962.
Resolution No. 1393 was ~animo~sly adopted on moti~ by Mr. Avery
and seconded by I~. Woodard.
-12- 3-12-62
65
March 12, 1962
9.a. City Clerk ~orthing read the following Planning Board Report,
dated February 24th, concerning railroad crossings.
"At its regular meeting on February 23, 1962, the Planning
Zoning Board ~nsidered a request to which a petition was
attached requesting that a railroad crossing, with gates,
be ins~led at S. E. Seventh Street and the F.E.C.RR.
"In view of the location of Little League Ball Park, the
number of children crossing the railroad at this.~oint to
load the school buses at Seventh Street and Swinton Avenue,
and the fact that th~s is about midway between the S. E.
4th Street crossing an~ that at 10th Stteet, the four
members present unanimoue~y voted to recommend that the
crossing be approved.
"With reference to the suggested crossing at N. E. 3rd
Street by Council, and its request for a Planning Board
study thereof, it is not felt by the Board that a crossing
at this point is warranted in ~ew of the fact that there
now exists a similar crossing, with gates, at the next
Street both North and South, namely N. Eo 2nd and ~th Streets."
It was moved by ~. Talbot to approve the Planning Board report
and instruct the City Manager to take proper steps obtaining the
necessary information as to what can be accomplished on this matter,
the motion being seconded by Mr. Woodard and carried unanimously.
9.b. City Clerk Worthing read the following.Planning Board Report,
dated February2~th. regarding replatting in Tropic Isle.
"A letter from~Mr. Mellon dated February 8th, 1962 regarding
a matter of replatting in Tropic Isle, and a letter from
Smitzea to Mr. Mellon dated February 15, 1962 regarding same
were pa~$ed on t6 the Planning and Zoning Board for consider-
ation an~ comments.
"After consideration at a regular meeting of the Board on
February 23, 1962 the four members of the Board present -
felt that the BOard could not logically enter this matter
until either the present controversy regarding the spoil
area is cleared, or is actually relocated by the Florida
Inland Navigation District."
It was moved by Mr. Avery that said report be accepted and approved.,~
The motion was seconded bY Mr. Woodard and carried unanimously.
9.c. The City Clerk read the following Planning Board Report dated
February 27th concerning study of streets.
"On August ll, 1962 the Planning Board met with the City Council
at which time the Board presented a study of streets in Del~ay
Beach°
"From this study the Board submitted the following to the Council
for consideration as urgent.
"l. That N. E. 4th Street be widened to three lane from
N. E. 6th Avenue to Swinton Avenue.
"2. That N. E. 2nd Avenue be widened from N. E. 2nd Street
to N. E. ~th Street with curbs and sidJwalks inclUded.
"3. That a portion of Lot 29, Block ll, Dell Park be pur-
chased to permit new road construction ~o eliminate a very
dangerous intersection at 8th Street and 2nd Avenue.
"On item l, I~. Fleming and I are agreed that no action should
be taken on this matter until the sewer matter is resolved at
~th Street is indicaSed as a main trunk line and sewer and
street should be installed at the same time.
-13- 3-12-62
· ~ March 12, 1962
"The County will not participate on .the item # 2, hence the
city would have to do this .at their Own expense.
'*The property indicated under item #3 iecurrently available
to the city. I have diseussed the entire matter in full with
the owner who is agreeable to sale at what appears to be a
fair price. We strongly recorm~end the purchase of this R/W
as the first step in land acquisition to ultimately cles~.up
this dangerous intersection.
"Mr. Fleming and I have been over this matter in detail for
a long time and it appears that we have reached an impass as
the Countyseems to consider this as a 45 mile speed road and
the curves required to meet their specifications are so great
that the city might have great difficulty providing the necessary
land to follow them. If we were in a position to provide the
necessary R/W it is conceivable that the County might proceed,
"With the acquisition of this land Mr~ Fleming has suggested
that if the City were to take this road back from the County
we could at least partially minimize the danger at this point.
I find, however, that only a few years ago the City asked the
county to take back'this road which they did.
"Regardless of whether the City or the County owns this road
it is my understanding that the City must provide the necessary
R/W which can only be made available by purchase. Mr. Fleming
can give you full details on this matte~."
It was moved by Mr. Woodard that the report be accepted and that
the City Manager be instructed to investigate acquisition of the pro-
perty as described in item 3 of said reoort. The motion was seconded
by Mr. Talbot and carried unanimously.
9.d. City Clerk Worthing read the following Planning Board Report
dated March 8th regarding proposed development by ~. R. C. Lawson.
"The Board has been trying to help Mr. R. C, Lawson solve the
problem of developing the property shown an the layout which
you referred to the Board. In previous cases he was in con-
flict with the zoning ordinance one way or another.
"Mr. Jacobson and I went over this layout some time back and
felt that this plan was a good solution for this unusual
piece of property. I sent Mr. Lawson to Mr. Hughson and ~.
Fleming who both. appear to have approved this solution.
"To expedite this matter for ~. Lawson I contacted five
members of the Board on this matter and all have approved
this layout, subject, of course to the final approval 'of
the Building Inspector and the City Engineer."
It was moved by Mr. Avery to approve the recommendation of the
Planning/Zoning Board, the motion being seconded by Mr. Talbot and
unanimously carried.
lO.a. City Clerk Worthing read a letter from Municipal Judge James
Nowlin, Jr., concerning a sentence imposed on Sarah Washington, and
~ecommended that the City Council order the release.of said Sarah
Washington upon the payment of $600.00 and conditioned upon her pay-
ment of $15~0 per week until the balance of her fine is paid in full,
it being so moved by ~ Woodard. The motion was seconded by Mr.
Talbot and carried unanimously.
There was discussion concerning the result of a Jail sentence
being imposed on a mother o~.small children and May~r Dletz stated
~hat there has been a sys~te~set up where, if a woman is placed in
jail and she haso~Hitd~i' the Police Department ~utomatically con-
tacts the Welfa~JDT~iSion of the County Health. Department, and they
will sen~a~/~.~e~~ down to investigate and, if the chi~en are with-
out care, they will be placed where there is proper car'e. Following
further discussion and an e~lanation by Attorney Adams as to the
procedure followed during the time that he was Municipal Judge,
Attorney Adams was asked to give a recommendation at the next meeting.
-14- 3-12'62
M~rch 12, I962 !
X. City Manager Smitzes presented a bill from the City Attorney in the
amount of $2,108.51 covering services rendered in 1962 regarding the
validation of the Sewer Bonds. The bill was unanimously ordered paid
on motion by Mr. Avery and seconded by Mr. Woodard.
10.b. City Manager smitzes presented bills for approval as follows:
General Fund $ 112,496.?1
Water Fund - Operating Fund 66,030.21
Special Assessment Fund 1,168.65
Refundable Deposits Fund 2,426.65
Beach Dlsmster Fund 40.00
On motion by Mr.. Woodard and seconded by Mr. Avery, the bills were
unanimously ordered paid.
The meeting adjourned at 10:20 P.H. on motion by P~o Warren and
seconded by Mr. Wooda~d.
ROBERT D. WORTHING
..... cler
APPROVED:
MAYOR
-15- 3-12-62
ORDINANCE NO. G-429.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, ~LORIDA, ANNEXING TO THE CITY
0F~ DELRAY BEACH~CERTAIN LANDS L0¢ATED IN SECTION
9, TOWNSHIP 46 ~SOUTH, RANGE 43 ~A~T,
ARE CONTIGUOU~ TO EXISTI~NG MUNICIPAL LIMITS OF
SAID CITY; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LANDS; PROVIDING FOR TEE
RIGHTS AND OBLIGATIONS -OF SAID LANDS; AND PRO-
Vi'DING FOR THE ZONING OF A PORTION OF SAID LANDS.
WHEREAS, Robert E. Raborn is the fee sim~le owner of the
property hereinafter described except for that portion consist-
ing of Palm Beach County road right-of-way, and
WHEREAS,-the said Robert E. Raborn by his Petition has
consented and given permission for the annexation of said prop-
erty by the City of Delray Beach, and
WHEREAS, the City of Delray Beach, has heretofore been
authorized to annex lands in accordance with Section 185.1 of
the City Charter of said City granted to it by the State of
Florida:
NOW THeREfORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CiTY OF DELRAY BEACH, FLORIDA, AS FOLLOWB:
SECTION I. That the City Council of the City of De]may
Beach,'~ County, Florida, hereby annexes to said City
the following described tracts of land located in Palm Beach
County, Florida, which lie contiguous to said city, to-wit:
Those tracts of land in Section 9, Township 46 South,
Range 43 East, Palm Beach County, Florida described
as follows:
Beginning at a point in the North line of Lot 30 of
Model Land Company,s Subdivision of said Section 9,
ccording to the plat thereof, recorded in Plat Book
, Page 40,~ Public. Records of Palm Beach County,
Florida, said point of beginning being 256.83 feet
Westerly, measured along the North line of said Lot
30, from the Northeast corner thereof; thence West-
erly a~long said North llne, a distance of 1~3.99 feet;
thence Southerly making an angle with the preceding
course, measured from East to South, of 680-25,-30'',
a distance of 1~9.72 feet to a point in the Northerly
right-of-way line of Northeast Eighth Street; thence
Easterly along the Northerly right-of-way line of said
Northeast Eighth Street, heine bhe arc of a curve con-
cave to the North, having a radius of 996.45 feet, and
whose radius is the last herein described course, a
distar~ce~of 100 feet to a point of reverse curvature;
thence Easterly along the arc of a curve having a radius
of 11~5.96 feet and along said Northerly right-of-way
line a distance of 40 feet; thence Northerly along the
Northerly extension of a radius of said curve, a distance
of 88.65 feet to the point of beginning. Less the North
~25 feet thereof, measured at right angles to the North
line of said Lot 30;
Beginning at a point in the North line of Lot 31. of
Model Land Company,s Subdivision of said Section 9,
accord'~ng to the plat thereof, recorded in Plat Book
8, Page ~0, Public Records of palm Beach county,
Florida, said point of beginning being 400.82 feet
Westerly, measured along the North line of Lots 30
and 31, of said Model Land Company's Subdivision
from the Northeast corner of said Lot 30, and being
the Northwest corner of land conveyed by William L.
Christenson and wife to Dr. Robert E. Raborn by deed
dated April 8, 19~% and recorded in Official Record
Book 333, Page 215, Public Rec6rda of Palm Beach County,
Florida; Shence Southerly~ making an.angle with thepre-
ceding course, measured from East to South of 68o-2~-
30" and along the Westerly line of land so conveyed, a
distance of 149.72 feet to a point in the Northerly
right-of-way line of Northeast. Eighth Street; thence
Westerly along said Northerly right-of-way line, being
the arc of a curve concave to the North and having a
radius of 996.45 feet and whose radius is the last
herein described course, a distance of 50.02 feet;
thence Northerly parallel to the Westerly line of said
land conveyed to said Raborn, a distance of 168.23 fee~
to a point in the North line of said Lot 31; thence
Easterly along the North line of said Lot 31, a distance
of 53.77 feet to the point of beginning. Less the North
25 feet thereof, measured at right angles to the North
line of said Lot 31;
Beginning at a point in the North line of Lot 31 of
Model Land Company's Subdivision of said Section 9,
according to the plat thereof, recorded in Plat Book
8, page ~0, PUblic Records ~of Palm Beach County,
Florida, said point of beginning being 4~4.~9 feet
Westerly, measured along the North line of Lots 30
and 31, of said Model Land Company's Subdivision.
from the Northeast corner of said Lot 30, and being
the Northwest corner of. land conveyed by William L.
Ohris~enson and wife to Dr. Robert E. Rab0rn'~By deed
dated March 30, 1960, and recorded in Official Record
Book 489, page 659, Public Records of Palm BeaCh County,
Florida; thence Southerly making an angle with thepre-
ceding Course, measured from East to South of 68o-25'-30"
and along the Westerly line of land so conveyed, a dis-
tance of 168..23 feet to a point in the Northerly right-
of-way line of Northeast Eighth Street; thence Westerly
along said Northerly right-of-way line, being the arc of
a curve concave to the North and having a radius of
996.45 feet and whose radius is a line parallel to and
fO feet Easterly from, measured at right angles to the
last herein described course, a distance of 100 feet;
.thence Northerly, a distance of 189.28 feet to a point
in the North line Of said Lot 31, a distance of 80 feet
West Of the point of beginning; thence Easterly along
the North line of said Lot 31, a distance of 80 feet to
~he-point of beginning. Less the North 25 feet thereof,
'measUred at ~g~t angles to the North line of said Lot 30;
.?hat part of Andrews Avenue. beginning at the Northeast
corner ~of Lot 48, Delray 'I. sle Subdivision as reco~de~
in Plat Book 2~ 'page 165, thence. NOrtherly along' t~e,
Westerly ~right-of-way line of Andrews Avenue to its '
lntersectton with the SOutherly right-of-way line of
NOrtheast Eighth Street'; thence Easterly along said
~Seuther~y-.right-of-way line of Northeast Eighth Street
to its intersectiOn wi.th the Easterly .right-of-way line
of Andrews Avenue; thence Southerly along ,e~id Eaeterly
right-of-way line of Andrews Avenue to the Northwest
corner of Lot 8, Crestwood Subdivision as recorded in
Plat Book ~3~'~page 161; thence South on a line parallel
to the East line of section 9, Township 46 South, Range
43 East to its inte~section .with~the North line of Lot
~8, Delray Isl~e SubdiVision 1£ said North line extended
Easterly; thence Westerly along said North line if
extended a distance of ~0 feet to point of beginning;
also
That part of Northeast Eighth Street beginning at the
intersection of the Southerly right-of-way line of
Northeast Eighth Street and the quarter section line
of Section 9, Township ~6 South, Range 43 East for
point of beginning; thence North along said quarter
section line to the Northerly right-of-way line of
Northeast Eighth Street; thence Easterly along said
Northerly right-of-way line of Northeast Eighth Street
to its intersection with the Westerly right-of-way line
of Andrews Avenue; thence South along a line parallel
to the East line of Section 9, Township 46 South, Range
43 East to the Southerly right-of-way line of Northeast
Eighth Street; thence Westerly along said Southerly
right-of-way line of Northeast Eighth Street to point
of beginning.
SECTION 2. That the boundaries of the City of Delray Beach,
Florld~eby redefined so as to include therein the above
described tracts of land, and said lands are hereby declared to be
within the corporate limits of the City of Delray Beach, Florida.
SECTION, ~,. That the lands herelnabove described shall im-
mediat~ly Become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or may be,
and persons residing thereon shall be deemed citizens of the City
of Delray Beach.
SEC~T!ON 4. That the first three tracts of land herein be-
fore described in Section 1 are taken into the city upon the con-
dition that said lands shall be Zoned C-t Commercial, which shall
specifically include building setback lines and uses now permitted
by the City of Delray Beach Zoning Ordinance for the C-1 Districts.
SECTION 5. That if any word, phrase, clause, sentence or
part o~ thi's 'ord~inance shall be declared ~illegal by a court of
competent JuriSdiction, such record of illegality shall in no way
affect the reraaining portion.
This Ordinance was placed on first reading by the City Council
at a regular meeting held on February 26, 1962, and said ~Council
will sit in the Council Chambers at the City Hall in regular session
on March 12, 1962, at which time the above Ordinance will be read
and all persons interested shall be given an opportunity to be heard.
PASSED in regular session on the second and final reading the
12th day of March, 1962.
o
~/s/Walter Dietz.
MAYOR
ATTEST:
· /s/ R. D. Worthin~
City Clerk
First Reading Februa_rY.26,_ 1962~ .
Second Reading M~ch ,1,6, i~9,,62, ,,,[
BE' UNL~FUL
TO USE'WITHIN
THE
OF
IN ~
S~LL O~Y
IN ACC~D~E
AND RE~9 FOR
R~ICTI~ ~EOF
ED PE~O~.
ING F~ ~ PENAL~ ~ ~E Vt~TION:~~~
~DINANCE AND DEC'RING
E~GE~ }~AS~E, AND ~IDING~EN
~D~E ~ TA~ EFF~T.
WHeElS, the, City Council of Delray Beach, Florida, has
found and determined after careful investigation that the
chemical knoWn as Para.thiom and other. re'letted h~gh~y~toxic
organic phosphates as. note particularly ~e~cribed, in the
followin~ paras.of this ordinance, which a-re used as insecticides,
are extremely toxic and are dangerous to human beings and all
other warn blooded animals Coming into contact with them;
~t~REAS, th~ City Council has also ~und and determined
after investigation ~h4t such chemicals should not he used for
the oont. r*l of insects attacking man or ~'or insects found in
households, home gardens and in public places;
WHEREAS, the use of said chemicals is particularly
dangerous in' urban, areas;where there are high concentrations
of human beings, pets and other warm blooded animals;
WHEREAS, it has very recently come to the attention of'
the City Council that of late there have been reported cases
of illness of. persons and petSwithin the vicinity~of the'City
of Detray Beach a~tribu~ted to the misuse of. said ChemiCals
within the area;
WHEREAS, i~ is directed under this ordinance that 'all
commercial sprayers shall inf~rm 'a~Joining wesidents each and
every time they spray, er spread or in a~y other manner use
highly toxic materials within the oox10ora%e 1imAts of the City
of Delray Beach~ Plori~a~ and
WHEREAS, under these circumstances this ordinance is
one which in the opinion of the City Council is required to be
passed for the immediate prote~ion and preservation of the
safety and health of the inhabitants of the City of Delray
Beach;
NOW THEREPORE, BE IT ORDAINED BY THE CITY COUNCIL OP
THE CITY OP DELRAY BEACH, PLORIDA:
Section 1. Tha~t it shall be unlawful for any person,
firm or corporation to use within the City of Delray Beach, or
have in his, hey or its possession for use in said CitY,' the
following chemioal c~mpounds known as "RESTRICTED-USE PESTICIDES":
Generic or
Common N~e
TEPP Tetraethyl py~Phosphate Ol~ Eth~i PYrophosphate
PARATH~ION O, O-:die~hyl O-p-nitrophenF~ t~'~l~hOSphate
PHORATE (THIMET) O, O-~*e~hyl S-(ethylt~io) methyl
phosp~orodithioate '
DE~/ETON (5TSTOX) O, Q-diethyl O(and S) ?2- (ethylthio) ethyl
:pho~phorothioate
DI-SY~TON O, O-diethyl S-~ (ethylthio) -ethyl
Bhosphorot hioatel
PHi~DRIN ~-ca'rbomethoxy~-l-methyl~inyl dimethy! phosphate
~CHRADA N Octamethyl pyrophosphoramide
GTrrHION O, O-dimethyt
methyI) phosphOrothioate
~THYL PARATHION O, O-dimethyl O-p-nitrophenyl thioPhosphate
ENDRIN Hexa chioroepoxyoctahydro-endo -
dimet ha nona pht ha lone
POTASAN O, O-diethyl
Phosphorothioate
EPN O-ethyl o'-p-nttrophenyl benzene~hosphonothioate
or any o~her highXy toxic materials, as described ~.nd contained
in the ~urrent Florida ~tate Board of Health Pub~lpations~
anless such person, fi,rm or corporation holds a current
residential pesticide sprayi~ng Cex~i$icate issued by the
State Board of Health of Pl.or~da,~ or is the ow~e~, and operator
of a greenhouse or botanical nursery or. is eg.~aged in. an
agricultural pursuit holding a City: Occupational License for
operating the same,
Section ~. That it shall be unlawful for any person,
fir~ or ~oi]0ora%i~n to sell any o~ ~he. a~oresaid "R~,tric~e~-Use
9estioideS" except to a ~f.~on. ~i~ or cor~ration~ holding a
~rren} residential ~s'ticide spraying cedilla'ts issued
the ~tate ~ard of Health, or is the owner and,l'operat~'of's
greenhouse or ~ta~ical nur~ or is en~d~ in an a~ltuNal
pursuit holding a City OcoU~io~l License for o~rating the
Section 3. ~'t those ~rsons, fir;.~s and corpora~$~ns
~rmitted to use said "Restricted-Use Pasticides" shall only
us~ the sa~ae in the City of Del~y Beach in accor~nce with
the Rules and Re,la/ions of the State Board of Health of
Flori~ governing the use thereof; except %~t the ~o'11owlnq
additional Rules and Re~tions sMll a~:' apply in This
City:
a, ) Such. per-son, firm or co~oration must
a permit for.use of Restricted-Use Pesticides fmon the Palm
Beach County llealth Department which shall desi'~ate the :time
and place of '~se, shall ~ non-transfemble, and s~ll expire
within twenty-four (24) hours.
b. ) ~fore using any highly ~oxic ~sticid~,
reasonable and practi~l prior notice shall be given ~ the
a~licant to prope~y' owner and/or occu~nts of property within
one hundred (100) feet of the area where such ~hemical is to be
sprayed or spread in any r~anner.
c. ) Sprayino Technigue: Sim11 confo~ to the
Flori~ State Board of l~ealth current r~lations ~verning
co~'n;~ercial spraying of lawns and orna,~,ental sh~ in
r~idential areas with Hiqhty Toxic Pesticides. In addition
thereto, Hiqhly Toxic Pesticides must ~ applied ~ith a
Systems Vee.3et, or Delevan '~'.~ Series or sir, ilar t~
operating at ~: ~eater pressure at the nomzie tMn eighty ~8'0)
lbs. pressure 'per s~re inch..`
d.} Disposal-of containers of Highly Toxic
~stfeides shall be on~ in a ~nita~ landfill ~ov~-~ the
Flori~ State Board. of }{ealth,
Section 4. i, lo ~rson sM11 ~ ~nted a City.. License
to en~ge in residential pestici~s s~aying ~less he
a~ obtaine~ a 8tats Ce~ificate ~it~ng him ~
Highly Toxic Pesticides.
Section $'. Any person, firm~or corporation %iolating
this Ordinance shall, upon conviction thereof, be Punished as
provided by the City Code of the City of DelraY Beach governing
the violation of City Ordinances.
Section 6. If any word, phrase, clause, secti°n or
other portion of this ordlnanOe shalI 'be held invalid or'
unenforceable by any court of competent Jurisdiction, such
holding shall not be deemed tO affect the validity of the
rexaai~ing portions ~hereof, nor the enforceability thereof
under differerLt circumstanoes not adjudicated.
Passed and adopted on one reading as an Emergency
Ordinance on ~rch -12_--, 1962, .to take effect immediately.
Clerk
Tol City Nanager an¢ Msmbers :~
From~ A1 C. Awery~ Councilman.
SubJ~ P~ scale for the
~ Date~ March 2; 1962.
I consider it extremely important that a conference
-. be called with City Ma,ager Louis J. Smitzes immediately with
reference to the salary scale provided for the ~mpl~yees~
While the situation with the lifeg~ar~s a~ the
beach a~ or may act ~ave been resolved at ~bls t~, it has
o~e ~e ~ attention that the soale~ as presently set ~p
the cause of a great deal of dissensio, among o~ employees.
To the Councilmen and to ~he City ~anager,
that this particul~ problem b~s gone beyond the scop~
being handled ~ministratively a~ believe It Is our
Zllty, as Coanc[~en, to resolve the matter in the most
expeditions manner possible.
W~lle I do not condone tge tactics employed by the
ea~l~ees of the recreational dep~t~nt~ I mus~ admit that
app~e~tly s~ch tactics were app~ent~ necessary to bring the
~tter to o~ attention.
I wo~ld simcerely ap~recl~ the city man.get setting
~ up .this meeting as quickly as possible la order to fore-stall
a~ further actlom by city employees ths~ might be eabarassing
to our
"~ireman
There
pre
LJS/b~w
March ~, 1962
Membere of City Council
Gentlemen l
At~aehed herewith ~a a ~ ~ id~ a~ 2~ p.m.
by ~Cl~ A~, He ~at~ ~t~~ ~bie for
~m, ~ ~ he ~ ~t ~ a~~f ~iday
~one
aa~ for ~ meetly, it ~d %~t-aee~nefic~l ~o hold
~thout h~, ~o ~ ~e~g ~ ~d.
X ~lieve ~ bea~ ~~11 ~en ~e of ~o ~he Co, oil's
Cone~a ~he ~e ~ ~ 5~ule ~ in ~fec~ I believe.
moe~. ~ no~ all of th~cil %~ a~ ~ ~hia a~ule xa ~ne
re~ ~ a ~de ~ Robincon in 1~1 ~ was ~de a
~1 ~y ~~nl ~ 1~ together~ the I~h~le ~ .
given to ~ ~~eil ~ld ~ ~ ~t it into o~atioa.
~e ~ ati~ ia ao e~y eh~e. ~ ~e some ine~tiea ~th~
the ach~e ~ ~ th~ ~ ~h~elvea, t~y ~ eo~ee~ .
~t~n the p~t~l l~a allo~, n~ely there ~in~ ~mt so ~cn
money app~t~ for ~iea a~ ne ~.
T~ ~ rate of 13~ ~la ~a set to ~p~ the ap~opriationa in the
b~get. Mee~eaa to ~y, ~ ~ ~rki~ ~th a tight
The city is in ne~ of a profesai?~l ~ge.a~ ~1~ schedule at~dy.
The co~ ~d p~bly be about ~ to $5~ for the se~ce pAus
an additio~l ap~ation needed to apply the echedule.
I have no idea wha% a e.~ ....
Alt'nou~<b this n~d is p~rnsent along ~.th other n~eds~ s~e of whioh
we !~v~ enaeavorea Lo support, Su~n as %he prc,~er~y appralsal
projects; still "~ '
this year.
The point, i ~',t t~yin& t,,'~ brin~ out is this o~dge% is going ~o beco'ne
:;.;~co~ortable to live %~J::.n if we try to do too ~;mch with too little
while and dc the be~t -,,~c can w~tn
position ~o ~r~ke proper corrections. 'fhis is t~ approach I ~ve
presented to the Deoartnent Heads. i think it ~$ the only logi~a!
approach to ~ke on r,:~.e wages and sa!ar,~'~ [,~,~ ar,~ f~'~her
along in'to the year, when we can ~e a reaso~a~'~prognoetication
as to wi:at our. end oz' ~he year zurpl~ill be. ~he ~aeantime~
I ~ho-~,ld nmke as liberal :t:', applic~~ the sche~le as
;~onetar ily possio .e.
ckoice. I do ~mt t:hir:: ~.~ ur~:e~t~ o/~.~.e si~uatlc, n ~lls for a
City
..
LJ'S/Ie ' x ......
To:
From:
Da~e: March 6~ .~:..
evi'dent
i.:',i.s roi'loWed
sever ~aT,
F~he~ore
~he aeve.n 'i
of w~ ~he~ ~ a,~o~g
the a~en~ion .(
in a ~ tO
reque s~
I ~ City
his .'
3/7/62 9:00 a.m.
Mr. Matthews, ,42 South Ocean Boulevard, called this morning and
said he had been reading in the paper about the lifeguard situation
and he feels that since the papers are making martyrs of them,
the City Manager ought to know of an incident that happened a
couple of weeks ago.
He and a woman were swimming at the south end of the beach. The
woman was caught by a wave and went under and Mr. Matthews had
difficulty in bringing her up and getting her out of the water.
He said while this was the
happening,
lifeguard
directly
opposit'e
them was sitting reading a book and made no attempt to assist
them. He was angry about it and went to see the Aquatic Supervisor,
Jim Pelczynski. He told him about the incident and Pelcsynski
said, "Wh~t can YOu expect for the money they are getting?"
He said he sp~nds.a lot of time at the beach and has seen several
instances where a lifeguard was not, in his opinion, doing his
job properly. He thinks if they get a pay raise, they should be
more alert and better disciplined.
MEMORANDUM
,
~7/', . . . ~ ~ .~
~ . J '._~'/,~ / ' ~.~ ~ ~ , '~
' I~ Rspl~ to Abova: / ~
As ~tptod Jn ycur reoen~ momornndum to us, '~ns~bly we have nol
~xhsusted a].l avenues, sdnljn~s~r~tive]~ s~'e~king, %b~ ~re np~n to
u~. ~ we wJJ1 now endeavoP to do ....
We wi~h *o have our nquatlc supePvisop Pe~Pesent
p~*ptin~nt to the following me,quest:
We ape thn~u~h].y, completely, ~nd entipely dimsp~JsfJed with o,~P
nresen% pay ~cnle Cmom top to bottOm. It ls b~dly out of proportion
with the murrounding communities of South F!orJd~.
We are requesting that it be r~J~e~ to at least the level of
Bnen R~t, on (~294-350), ~nd Deerfield Be~ch (~286-348). Boe~ Rntor,
nC ~',~50, woul~l be r~-[r ~md E~-PTR~TY q...S~A.<TOH~ U) ALL OF US.
Mncl -py w~ e,mhn~Jze t,h~t tf our conduct of the present time
has cpmsed ~ny embpr~sment to the City of 1)elr~y Be~ch., this was
~nt, nor is j.t. o~l~
Re~neetfu] ly suhm~ tied,
Art, bur
Honw~ll
)/7,7
,
Coli), Br~mkmnn
;'~rm! ) Sheaf' //.~
W~I~F King
TO Director of Recreation ~
FROM Aquatic Supervisor
S~JECT Salary Scale of and for our personnel ~'~
Following are some figures pertaining to the starting salarys
for beach lifeguards in some of our neighboring communities, to
which we continue to lose good personnel because of our comparitively
low pay scale.
These are based on a six day, $8 hour work week, such as we employ.
Boca Raton $318.00 To start
Deerfield 286.00 " "
Pompano 310.00 " "
Dania 312.O0 " "
Palm Beach 359.00 ....
Ft. Lauderdale has a scale a little above ours but their men
only work a five day, $0 hour week, and thus they have an hourly
rate far above ours.
The average starting salary for all cities, with a beach petrol,
from Palm Beach Through Miami, is slightly over $~00 per month for
a six day work week.
Our starting rate for the past two years had been $272, which
even then was the lowest rate in South Florida. Now it has been reduced
to $ 250 which puts us so far below all other area cities, as to be
ridiculous.
And because of this we are having extreme dificulty finding, let
alone keeping, any competent, qualified personnel to safeguard our
beach. Our beach is a tremendous asset to our city. Why must we be
forced to staff it with below average personnel or quickly lose the
few excellent people we occassionally manage to hire in spite of our
sub standard salarys?
Ny proposal is for the adoption of a new MINIMUM pay scale that
will start all lifeguards at the rate of $272.00 per month, and enable
them to receive progressive merit increases up to $~36.O0 monthly...~
The pay steps to be as~folIows:
$272.00 to $536.00 ..~
START 6 mos 12-..m~s 2~ 36~mas I.E. At the end of one year '~
~.00 ~. 300. 318. ~$~.00 a guard would be receipting
$300.00 monthly. After two
years - $~18.00. After ~hree
years - $3~6.00...
Hr. Baker, i do not. have it in my heart to demand anything from
you, nor is it my.place to do so. Therefore i would like to silently
insist bn the following, subject to your immediate consideration:
Until we are~authorized to operate under the above pay scale,
i ask you to go alongwith and entrust me with the following:
EFFECTIVE WITH TMEFORTHCOMING PAY PERIOD, FEBRUARY let.
~. To Increase the salaries of Judy, Colin, George and Wes from $250 to
$272.OO.
Have the alternative of starting a new personnel at either $250
~ (for a 60 day probationary period) or 272.00 from the beginning if
they are well qualified'and highly recommended.
.~:" A~L'PERSONNEL will be el~gble for an increase six months from
their' date of employment, or Six months from the date of their last
increase, strictly.on, a MERIT B~SIS,
Continued from opposite sid~ ......
Hanwell, The Nunstermans, and Mr. La Londe will remain at ~
Mr.
their present salary until March 1st, at which time you and i will
review their performance and grant a one step increase to those who
warrant one.
Many is the time that you have asked me to bear with you and
to go along with you on a lot of things. Now Mr. Baker may i please
ask you, to go along with me., on these'matters?
They are fair, they are honest, they are Just, and we have the money.
Need there be any further reasons?
i know that you will do your best Mr. Baker and no one can ask
for more. But if your best falls Just a little short.., please allow
me to combine my best with your's and perhaps we can suceed.
Thank you very much,
Jim Pelczynski
Aquatic Supervisor
i am not including, these figures with the foregoing, simpl~
because i did net p~epare~this,inah effort to have m~Ov~ salary
increased. But i have Been asked for some and therefore i~wiI1 include
same.
Ny starting salary f~or the position of Aquatic Supervisor is the
astronomical figure o~ $~07.00 per month. In th~s position i ha~$~the
responsibility for the operation of the full one mile of public,~"~he
entire municipal pool facility, and anywhere from ten to fourteen
personnel employed therein. One who is curious need only turn over
this page and glance'at the figures being paid lifeguards, let alone
their supervisors or Aquatic Directors, to realizm ~a large discrepancy
here. i have nothing more to say ~or~now.
thank you again ~i~ p.
TO Director of Recrea
~R0~' ,~n uPt J_c Supervisor
Following the due nrocesses of their chPin of command, all seven
of our beach ]ife._~uard.~ hnve asked me to c~rry the fnllowing me~sa~e
~]e~e ~e i~orme~ that ~ o~ Frifl~y morn'~ng they ~ill not be on
~a]ary ~e~l~ i~ met. --
~ey hav~ ~sked me' to emphaeJze that after today, ~ursday H~rch~1~1962~
t.h~y w111 not ~de~ pry cJrcums~nCes re~ur~ to work unt~! ea$d ~lary
scale is made O~IO'IAI, and l~: in' e~fect.
~ey feel that they have '~h~tls~e'd ali ~ossible hope of a fair deal,
by coming to me with their requests and having me present them to you,
and in this 1 ml!h~t add that they are probably right.
~ey further-want-me to emphasize that should their request for a
fair salary scale 'be g-ranted~ they would 911 return to work i~ediately,
~nd strive to give the city of Del'ray Beach the finest Beach Patrol
it has ever had'.
All thst they seem to be asking for is the City to reco~ize their~s
a~ a ~espons~bl.~ ~ositi~n and to be paid a decent wage that will enable
them to hold their, heads~Up'and earn a living. In exchange for this
they offer to pe~fd~m their duties to the ve~ utmost of their ability.
~elr present'salary ' ~0 per month lo $314 after two
more ye~ and disproportionately low.
i am ~'ell lwa .their scale to be, and what
constitute~ for them, nnd let me say that
what they are 9roper~ in fact it is still below
the average
i ,r. the details of these matters upon
request, m q'~ck!y, ~quietl. y, and
b~ seitl'efl, but i will not return until they
~is o.be ~ith~ul li.feguards on the beach.
Let me ~]so State aothin~ 1 san' do concerning their
decision' ~t this'
Please give;th: your qrgent consideration.
Re~ect~I subm~,ed,
[~m Pelcz~s~
'~quat~c Supervisor
Thursday
March 1,1962