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10/18/1951 ..'. I ~'. ~ I ~': \. ,.'l.......;,. i: CITY COMMISSION 1I1EETING October 18, 1951 . .. ."1 it l~ '''....4'''' " , 1,1 '\.. ' . ~ The City Commiss'ion of the City of Clearwa tel" lilet in Special Session at City Hall Thursday, October 18, 1951, at 9:00 AM, with the following members present: -Me yor-Cormnis sioner -Commissioner -Commissioner -Commissioner Herbert M. Brown Herbert M. Blanton Thomas' H. Black, Jr. Joe Turner Absent: Garland D. Lynn Also Present Were: F. C. Middleton C. E. Wa re George T. l.1cClamma -Commissioner -City 1,lanager -City Attorney -Chief of Police "j 1 \ i i j j 1 1 ) I 'j Meeting was called to order by the Mayor. City 1I1anar;er presented tabulation for Lids for sanitary seVier on Prospect Avenue from Court Street to Park street, and stated that he joined the City Engineer in recOlmnending that the low bid of Paul Giuliani, of Tarpon Spl'ings, in the amount of $3,586.00 be approved. Commissioner Black moved that low bid of Paul Giuliani of $3,586.00 covering sanitary sewers to be placed in Prospect, Park and Court Street vicinity as recommended by City En~ineer and City Manager be approved and contract awe rded. Commissioner LHanton seconded the motion, which was voted upon and unani- mously carried. City Manager presented tabulation for bids for replacement of 15" sanitary sewer with 181J sa ni tary sewer OIl hyrtle A venue from Laura Street to Drew street, and stated that he joined the City Engineer in reconnnending that the low bid of Lawrence and Rutledge of LarRo and st. Petersburg, in the amount of $8,940.00 be approved. Commis- sioner Black moved that recommendation of City !I1ana~er and City Engineer be followed and that contract be awarded to Lawrence and Rutledge" of Largo and st. Petersburg, low bidders, for ~p8,940.00, coverin~ the replacement of 15" sanitary sewer in the vicinity of Myrtle, Laura and Drew Streets. Commissioner 1urner seconded the motion, which was voted upon and unanimously carried. Conunissioner Black asked City Manager if there are portions of the 15" line which is being taken up which could be salvaged for other use. City Manager replied that while it was badly corroded that matever could be salvaged would be used for ma intenance purposes. Ci ty Mana~er brought up !i1a t tel" of' communica tion fro:m Gulf Oil Corpora tion, which plans to improve and rebuild the station at Drew and N.E.Cleveland. Theyaisk if the Ci ty anticipates any widening of streets or changes in tho t area which would affect them. City ~.1anar;er stated that he has consulted City Engineer on the matter and that City Bngineer does not believe s.nythin~ will be done there, as the street is wide there. The Corporation plans to build only to the building, and Cor.nnissioner Black spoke of the fact that there is a twenty foot narkway there. Connnissioner Turner spoke of the fact that traffic cuts out and around the corner there and that if they plan to remodel or rebuild he wondered if the Company could acquire property to set the building back. Cormnissioner Black stated that they have acquired an additional fifty f"eet, and tha t he fel t it would be a ~ood idea for the Cit'JT Engineer and City Manager to go into their plans with them to suggest something of the sort and perhaps they would be willinf', to do t,his. Commissioner Turner felt this would be a good idea as the turn is a sharp one. Cor:unissionel' Black suggested that a formal letter be written stating that the City appreciates their interest and that no change is com- templated at this time. City 1.lanager stated that he would look at plans. f ! 1 :] I !! ,,' ,. :; City Attorney lnade explanation of Bicycle Ordinance v/hich Vias under consideration when he VIas away. He stated that as drawn it is a model Ordinance which is sponsored by the Nat~ional Safety Council and is in force in about eleven of the major cities in Florida, exact copy of Ordinance enforced in st. Petersburg and Orlando. Matter of building permit for Sara Carmack was brought up by COl:nnissioner Blanton, who asked if matter could be discussed so that building pernit can be issued in order that bulldinr, can proceed vlithout further delay. City Attorney stated that he and Mr. Krentzman had done considerable research on the question and tlmt their conclusion was that if a qualified pen1it is issued it can be granted, but since per.mit to house maid has some tholes opened the way for overstepping zonin8 limitations in past cases they felt a qualified permit should be issued. He stated that the application appears to be within the Zoning Ordinance as drawn today as it COIlles within the classification of an accessory building and j,f it meets the approval of' the COl~nnission he will advise the Building Inspector to issue the qualified permit and tha t he will see tha t proper qual ifics tions are written in on the permit. Commissioner Blanton r.lOved tha t City Building Inspector he authorized to go ahead and issue this qualified permit based on the reconwendation of the City Attorney. Commissioner Black seconded the motion~ which was voted upon and unan~ously carried. Commissioner Black brought up the matter of request from Edward. C. Heseltine Enterprise" who v/ishes to manufacture pralines in Clearwater. This opel'aition would be small, employing only two or three employees, and Corronissioner Black felt it was the type of business Clearwater needs and should have. Mr. Heseltine expects to locate in a business lot In the 2000 block on Gulf to Bay Bouleva,rd just back of the Four Winds Motel. Commissioner Black stated that since special permit must be issued directly by the Commission for manufacturing plant for candy that this project ImlSt be approved by the Commission. Other members of the Commission and City Manager agreed with Com- missi,oner Black that this business was a fine type of enterprise for Clearwa tar. Com- missioner Black moved that Edward C. Heseltine Enterprise be authorized to manufacture oandy in the business district designated as the 2000 block on Gulf to Bay Boulevard.. Commissioner Turner seconded the motion, which was voted upon and unanimously oarried. " , " ,"" ~.......... ;\,: '.":..',..'}:' '~"'" , . .' ' ,',"". ' , :2tf/,j"',:':'i':::<,":;;::' 'i: ' !i4"'!~"I"i!' I I '.',,', 1 " ' 1 ~ , I ' I' f i f f ! ! I F " , ",:,::,;,i::; "\ , ".: .:,!~':..::<. I y",,,~.. · '':\11'; 1.\,;:" ~:Ct ';L, i'i' .;;,;';~:iJ~;.;i;\i,.,,; ,;, ...... YW:,!~fYY::~;:'i~iil~ , ,"..;..} ,.,,~, .:.\. p. ~ I. 'I ' ")"z~~;~");c': ...1....., '.. ' , , < ", '0' ~. "''-''''"';':"':'':'!'' ' ';\:;:" ,~,'o:' " ~ , . , . ~, .,' :"".' '. " ~. '. .... , .... ': . N: '!.f. >', ',I" T~" \.., I ~ f \" ,: / ! 'I 'j I 'j I 1 I 'j 1. 1 1 I 1 I j ,~ " 1 I i I 1 I j j .....~" <, 'H;"'~' "'I,;,::,,~:'~~r::c :~/.;:.. CITY COMMISSION MEETING October 18, 1951 ..,... ':; ':, ,.:,,;..., ....,...;.'A7'j':'.;;;'\J ,7T1I:, ~(j",::<(/::i,;I!:' ~.\.~: ~,:~.!: .\; ;.<t~ ~:";':~, l.:,;~.:";~"::.:rt.,:',:" " ,"/', Mayor Brown asked if Coomissioner Lynn had been notified of this Commission meet- ins. City :Mana~er replied that written notice had been sent to Comnissioner Lynn by City Hall messenger, and that he had also been verbally notified of the meeting and subjects to be discussed and asked if it would be convenient for him to attend, at which tinle he had stated that it would be. He stated that several attempts had been made to reach him by telepl10ne just prior to the meetinR and that the line had been busy in each instance. ~.' :','" :. .' r I ! t I~ f I , Mayor Brown stated that the Dockmaster appointment had long been the subject of study and discussion and that he wished to su~gest tha t the City Manager dispose of thiS' matter and that it be done in the very near future. He stated that it has gotten to the point that this one subject is consuming about eighty per cent of hls time. He asked for expression fronl Commissioners as to their views on the subject. Commissioner Black stated that he would like to see some final action taken so that time of Mayor and Com- missioners is no longer involved, which he does not feel should have been taken up in the first place with anything of this na'cure. He stated that the matter of hiring in- dividuals is within the authority 01' the City 1,Ianar,er, who hires and fires with the approval and consultation of the Civil Service Board. He stated he would like to see the matter brought to a head, decision made, with decision abided by. He stated that the Commission is trying to solve the problem at this time, and that his suggestion of the solution is that the City Nanager be instructed to consult witll the Civil Service Board and the Civil Service Director to set up the necesnary qualifications and re- quirements for that position, namely, Doclanaster, or Superintendent of Clearwater Marina, and tha t after requirements and duties are set forth, which should be done as quickly as possible, that a publiC announcement should be made as to the duties and re- quirements and what the qualifications are, and announcement made of the examination so that all interested people available take the examination, which should be corrected and checked, and the Board turn over to the City Manager the names of applicants qua lified and tha t the C1 ty Manager make selection of pel'son to be appointed. He stated that in regard to the examination being given previously - it was not requested and was not cOl1lplete as to the duties and qualifications. He stated that he felt that this would correct the situation and t}~t examination should be announced and held at the request of the City Manager, who is the hiring authorit~r of the City of Clearwater, and should bave the full authority f'or hiring or firing anyone within the City with the approval of the Civil Service Board, which is a functioning body or organization in the City of Clearwater, the same as the City Connnission is. Comm.issioner Blanton said that it had not been his pleasure to know Mr. Hae;gert preVious to the time the Commission had decided to authorize the employment of a'Dockrnaster, but that he, along with several others, applied for the job. He stated that although he had some splendid reference and reconnnendations that he had made his own investigations as to his backeround, ex- perience and fitness for this particular work, and that he had learned that he holds an A. B. Seaman's Certificate, which requires three years of active service to obtain such rating; that he holds a Steamboating Quarterma:ster's Certificate, licensing him to handle or man any size boat @it' ~R fl.?) 81__ te~ or ship, including cleep sea navigation. He sa id that to obtain this certificate requires successfully passing a very rigid examination, a much tougher examination than is necossary to qualify a man to handle the Clearwater Dockn~ster job. He said he holds an engineer's oiling, firing and water- ine rating certificate for all types of ships tlmt can only be obtained by successfully passing a rigid examination upon completion of 36 months' active service. He holds, Conmissioner Blanton stated, a Master's Lifeboat Certificate, licensing h~ to man life boats and direct rescue work that requires successfully passing an examination showing a thorough knowledge on navigation, life saving and seal~nship. He stated that he served as Assistant Harborrnaster at Toledo, Ohio, during the first part of the last World War, under U. S. Coast Guard COIm'l1ander and was in charge of inspection of all in- coming and outgoing shipping, conu!landj.ng a patrol boat checking sabotage, smuggling and other viola tions of harbor regula tions. He sta ted that he served in the Merchant Marine during World War II, was one of the first ships to enter Naples Harbor during the Naples invasion, was there 27 days and survived 23 raids during the 27 days. He stated that his ship was torpedoed and destroyed on March 4th, 1944, in the North Atlantic, 500 miles off Halifax. He directed l'escue work among the seamen and hung up a record of this being the only Ship that was completely destroyed at sea during the entire war in which all men on board were saved. He served in the Coast Guard for 26 months, re- ceived an honorable discharge with 4.0 service conduct rating, which is the highest rating possible to obtain, and with a 3.8 efficiency rating, which is within 2 pointS' of the highest rating. Commissioner Blanton stated that his record is open, and that if his critics want to make a fair and just evaluation they can write the 9th Navall District Command at Cleveland, Ohio; the Co~.nding Officer of the Michigan state Police, or to the President of the Village of :b'orrestville, Michigan. He stated that he had made ita point to ta lk with him a t length severa 1 times rega rc1ing his experience, back- ground and knowledge. He had found tlm t he had a plea sant, frie ndly pers ona li ty; tha t he was keenly alert, polite, courteous and versatile. Coramissioner Blanton stated that he was thoroughly convinced that he was just the man he Vlou1d have employed for the job had he personally owned the Yacht Basin. Personal investigation, he said, of his work clearly reveals that he is doing a splendid job. He stated that the City Manager, his immediate superior, states that he is. A number of the boatuen using the Marina have told him the same thing. He stated that in the course of his business he haS' em- ployed many sa 1esmen and has lea rned to observe people and feels tha t he is a good judge of human nature and that he feels that the City could look far and wide am would be unable to find anyone as well qualified as Mr. Haggert both as to personality and qualificatiolls, ability to handle people well - that he felt he could not only handle the Dockmaster work but the Superintendent work as well - that he is able to converse intelligently on any subject witll p,ersons from any walk of life from high to low. He stated that one boatman had said, 'Haggert is doing a good job under SODle adverse con- ditions; some few of the boatmen have done everythin~ possible to give him a hard time. I think the fellow really knows his stuff and is as good a man as the city could find for the job.'" He stated that another had said, "This is a job that just anybody couldn't harXlle. I think Haggert has what it takes. Some of the fellows that were hostile to him at first have really come to like him. It was better to get an outsider than to have placed one of the boatmen over the others as Dockmaster. That would have been worse, because there was too much rivalry among the fellows."1 Connnissloner Bla.nton i I .."., _ __.....__..-.l""',...--.._ __._ . ,;.t!f ;;:', I '.,.". . "'-":, : <;' ~ ",::,i:;,':~,""" .<.';: J"'" <: . . '.' ;";{j~ " ,'to i. ,~~ 'I ~ ;'-', ;' ....,.. . :1 1 I 'j j '1 ; 1 , . " , .' . "'." ,J , ~t!':":'t:'~'~:'~"';;"':: ^:,~::1"i/:,' ; ,.' ;\ ~ / .'" ,'; '.-l':~::. ' ./ ;; ':.: ,'< . ~ .' ':)' ;i!),'!~~(~)~)'~ )' "".'.",.. .,' ,~. __. , ... "'~' ; ,;; .!, '_' .~~.~.. . \' v' . CITY COMMISS'ION MEETING October 18, 1951 said that he was still convinced that the City Manager had made a wise selection and that the City COlrnniss'ionera were fully justified in approving the appointment of Mr. Hag{jert. He sta.ted that he was also convinced that the City needs a man of Mr. Haggert's qualifications, and that he was not going to vote to kick him out just to give another man 'a job to appease a neV/spapel" reporter who continues to attempt to discredit the Cit~' Conmliss'ion and heap unjustified abuse on its head. lIe said that Mr. Hag~ert was hired in good faith until the completion of all the Yacht Basin :facilities, and, 80 fa.r as he was concerned, he could have the job as lonr; as 11e continues to do it well ,until the new Marina Bul1dinp; is completed, a t which time he favor.ed ha vine, the Civil Service Board set up a new Civil Service classification, broad enough to oover executive classi- fioation am property nlOnap;erllent qualifications in addition to th.e present Doclonaater's duties, and call for applicants to stand a cornpetitive exalnination. He stated that he was not being obstinate alJout the matter.... that after all tho City Manager is the employing authority, empowered under the Civil Service law to assist in making and approvinr; the rulfl8 and rOJ:~Hla tions under which the Civil Service Board operates and conducts ita exarninatlon. He said that only after this haa lJeen done would it be within the power of tho City !.:anar;er to request a Civil Service examination as above mentioned. He said thut he felt the whole issue had been startecl by 8 newspaper columnist and that Mr. JIagr;ert has not defended hirnsolf - that he is a quiet, mealc rnan who has not boasted o:f his qualifications and has f;one on doinp, a r~ood job under moat difficult and trying circumstances, which a lesa patient nlan would have been unable to endure. He said that he felt the honor of the Commission is at stake - that it is a quest ion a s to whether they will stand ba c1<: of the ir ori~ina 1 decision to hire a :m8n while building the Marina until it ls completed or whethel" they will allow themselves to be swayed by all the publici tjr which has been stirred up by one newspaper report.er. He said that either a mistal-:e was made when Mr. Ham;;ert wa s hired or a Diista ke is being made to fire him. He stated that the recol'ds prove that 110 :mistaJcEj was made in hiring h:1In until the completion of the 1I1arina facilities, at which time an examination would be called for. lIe said that some of the Corrnnissioners appear to be changing their attitude on the subject due to ar;itation on the outside and are even considering going out and firing the present l>oclonaster. He said, howevcrl that the City Manager says he is doing a p;ood jobl and that the boatmen say he is. lIe said that very recently the City 1.'ianager had stated that he could not truthfully say he is not doing a good job. He said that he felt it Vlould be only to appeaDe a few. lie said that he Vias not an appeaser - that he would stand by what he believes as Ion!.; as he had breath in his body. He said he felt that the Cor.unission is in the: right in rotalninp, :Mr. liaggert until the Mar:f.na is completed and t;ha t they Vlere right to start with - too t the job is being done well. He said Mr. Haf.!;r,ert has collected all rents - that ther'e were no arrears, even though some people had said that they would never pay their rent as long as Mr. Hap;gert was over there. He stated that every stumbling block and obstacle has been put in his way to try the patience of any man - that some Dlen vlould not have had the patience to stand it, but ~r. HagBert has proven hinself a gentle~n in every way. Commissioner Blanton added that in this war torn world the only thinE~ anyone has is his honor, his peace with God. He said that with bureaucrats in Washinr,ton piling up taxes, gradua11y creeping up on everyone with personal property and other taxes, that what does anyone have but honor and peace with God. He aslted the CO:tIDlissiol1 to consider carefully and seriously before making a decision. He said that even if he was a Diinority that he would stil;t stand for wha t he thought Vias right - that he would face the public and could look them squarely in the eye and tell them tl~t no outside pressure, no talk and p.;ossip could veer him from the course tha t he thouF,ht 'Was right. He s.aid he felt that if the Connnission would give this matter careful consideration that they would agree and go alonp.; with his view. Cormnissioner Turner then stated that he would lilce to commend Comnissioner Blanton on his stand, that he felt that a ~reat many things he had said are absolutely true, that there are none that he could contradict. He stated that he had known Mr. Hagp;ert's qualifications before he ever concurred in his appointment in the beginning, that as far as he is concerned from a Marine standpoint he knows hia docks and boats, but from a technical standpoint, Co~~issioner Turner ~elt tl~t the Com- mission may have erred in concurring in this appointment. lie stated that he had not thought of this job technically as coming under Civil Service - tba t he had :felt that the City would be hiring a I~janap;er and that the job wO\lld be somethin~ on a direct basis 1ike a business proposition would be and not as an enlployee of the City. He stated that he felt that the City had made a mistake and that even though :Mr.. Hagp.;ert is doing a good job that the Commission would be wise to wipe the slate clean and call for an examination and that if Mr. IIag~ert wants to cone back and take a newexaminat10n that he for one would be glad to have h~ do so. . He said that if this were a privata business that he would hire Mr. Har;€~ert, as he Imows everythinp.; :from the boat standpoint and if it was under the County Commission, which is not under Civil Service he would hire him~ but that under the set-up of the City Civil Service as it is he feels that he haa made a mistake on it and in order to rectify it on a clean basis he f"elt that we should clean the slate and start over af,ain. Cor.nnissioner 1)lack stated that he felt a list of qualifica tions and dut ie s should be set up iIl1r.1edia tely . He sa id the t perba ps he had erred in his jud~ent as to whether this sho\tld be done at once as it might be that the City ~mnaRer may not be ready to draw up this list at this time - that he may ~eel that he cannot at this point compile complete listinr: of qr,~l i~ica tions. He asked th.e City Manager if he is ready to set up the job involved - the duties and qualifications 80 that an e~lination can be given. The City Mana~er stated that they are ready to do so. He said that they have part of the quali:fication list completed ,v.hich they were originally Vlorldnr, on and that by adding to that list it would be ready. Commissioner Black stated that he has no malice toward Mr. Hagp'ert and that if his record is as out- lined by Commissioner Blanton that it is an outstanding one, but that he wished to ask the City Attorney if the City can continue a man in employment vllthout having him under Civil S~rvice. He asked it he must be ul~er Civil Service - if it is necessar~ that an examination be given. City Attorney stated that all employees of the City Government of the City of Clearwater must be under Civil Service with the :following exception: (a) All of:ficers elected by the people. (b) Members of any Board or COmDlission of the City o:f Clearwater, Florida. (c) City Manager. (d) Municipa~ Judge of the City of Clearwater, Florid~. (e) City Attorneys of the City of Clearwater~ F1orida. (f) Practicing attorney-at-law retained or employed by the City o~ Clearwater, F1orida. (g) Persons of highly technical or professional training maintaining cont'd -.. ...-. ---.....".... ...:. , ,. ~~., -:,,-''':'': : .', ." \'.: I t I, !' , .'.:-.:~' .'B, ';,,:' ':~:\~X:;~;;;:"!;;';J' I' , ", IT{~T """'''L....,, .,. '. "'.. ";"\'11 : ,"":"~:' " "~il >," :' ;t~ h, ',I :f.l , 'I J 1 '-A I '.1 ~'~ '~I.:"'~'" '/ . N' .' i ~'~, , .,. .". ........'.;:,.'.... ! '...., . . . '. , . !. ....~ ..... 'j<." CITY C01~ISSION MEETING Qotober 18, 1951 ;2ftj (g) Cont'd: an independent practice in their chosen prof'espion and employed on part time basis by the City. Comnissioner Blanton asked, if' these were tha only exceptions. why the City Engineer has not been required to take an eXeJl1ination. The City Attorney replied that there is a State law - a f,eneral law - with reference to En~ineers in this State whioh pro- vides for an examination by a state Board and as a result of that examination a certificate of' rer,istration is issued which r:rants to the Enp,ineer who has passed that examination certain ri~hts and privi1er;os, amon~ which 1s to practioe Engineering publicly or prl va tely, anywhere in the sta te of !<'lorida, wi thon t further En~ineerinp: examination. City Attorne~' stated that nothing can supersede that law, and that the Supreme Court has decided this fact in dozens of cases. CODlDlissloner Blanton then asked that if this were the caoe why the Civil Service Board expects City Engineer to take the exal111nation. City Attorney replied thot at the joint meotinr; of the City Commission ar.d Civil Service Board on Thursday two weO]{8 ago tha t he called to the attention of both the Commission and Board that there had not been Bufficiently close coordination between the Board and its Attorney in the past so that they can proceed along lines as to what legally they had a right to do or what they did not have a ri~ht to do. He sta ted the t if the t quest ion had beon submitted to hinl prior to the time that notice was sent to the Engineer he would have advised them that they had no right to request hin1 to tal<:e the examination. At this point the City Attorney was excused to make telephone call to postpone Bond Validation proceedings in the Circuit Court set for 10:00 PM. Mayor Brown stated that ot that same meeting it was decided then, and that he insisted on it now that the examination be requested by City:Manager. lIe added that he hoped the Civil Service Board would appreciate the feelings of the Commission in insisting that the Mana~er work in close harmony with the Direotor, and that in the future instances of this kind will not be present because of these re- lationships. He said that he felt it could be worl<:ed out, that in the past mistakes: had been made by everyone concerned - honest Illistakes frOlr1 the head and not fro!:l the heart and that he believed that there comes a tilne in everyone's life when he can be J.arp;e enough to see that error has been made and tl1at it must be straightened out. Commissioner Blanton asl<:ed how the Conunission had erred in appointing the Doclonaster. L~yor Brown replied that the mistake was that the Co~ission did not insist that the City :Manap;er call for an examination. Connnissioner Blanton stated that the man was hired to work until the Marina was completed. Mayor Brown replied that he was hired in the race of emerp,ency and thBt he has certainly f'illed in a hard job, but that there seems to be some question raised as to his qualif'ications - that we have no lega1 right to keep him on in the face of the Civil Service law" and that he wanted to add his voice to the opinion that the City ~ffina~er should ask for a list of qualified indi- viduals fram wllom he may select the Dockrnaster or Superintendent, and that it haa not corne to his attention that 111". Hahgert will be barred from such examination. City Attorney stated that there is a rule - not a law - which would prevent Mr. Haggert fro!:l taking the examination. Mayor Brown stated that this would be a diff'erent examination. City Manar;er said that the examination that was given could be termed as not being in accord with the rules and 1"e~ulations to ber;in with so that those tak- ing the examination would be entitled to tal~e it again. He said that if the rules had been followed in giving the examination that those who did not pass would be barred from taking the examination for a year, but that since it was not a bona fide exami- nation he did not feel that anyone who had taken it uef'ore should be barred. Com- missioner Turner concurred in this, sayinp; that the examination was at fault, not the Il18n. City Attorney said that it was f'ailure to f'olloVl the Act and not the rules. Mayor Brown said that everyone has car:pied a tremendous burden in this situation.. not only from the press, but that many people have said to him that they did not know Mr. Haggert, but that they just couldn't understand why this situation was put onto the Commission - that it was beyond the call of d1.tty of the Cor.unissj,on to hold down all this job a's appointing authority. He said he did not lllee it and didn't want any future part in it. He said that if' the City Manager wants to hire or fire he can do it th:rough the Civil Service laws and that he, for one, was insistin~ that he do just that. He asked the City Manager if he I~d digested the opinions expressed here by the Commissioners and whether he had anything to say. City 11anager said that he agreed with what COD1l11issioner Blanton had to say - that he had nothin~ against Mr. }~ggert whatsoever - that he agreed wi th Commissioners Turner and Black and Ma yor Brown tha t he should be, if' quali:Cied" put on an equal basis with the other employees of the City of' Clearwater through the Civil Service that we are operating under, both for the protection of the C:ty of Clear- water and the employees. He added that he VJould like, with the permission of the COO1- ~issioners, to release a statement to the press clarifying his stand, as he felt that it expressed not only his own stand but that of' the Commission and what is intended to be done. He asked for penaission to read it. Commissioner Black asked whether it would be correct procedure for the City Commission to set forth their stand in the form of' a motion before the state~ent is read if the statement carries out what our motion is to be. COIilmissioner Blanton felt that this procedure would be correct. COr.mlissioner Black said that he ar;recd with Commissioner Blanton to the extent that he felt that if this Conunission or any individual who has been pressured into doing a good job is very, very small, but that he felt that none of their group is going to be pressured by any individual group or propaganda that is thrown their way. He said he felt that in his judgment mistakes had been rllade l)y both the Oonunisaion and Civil Service Board and that ef'fort is beinr; made to try to rect if'y those mista lees a t this tiIne. Commissioner Black then moved tha t the C1 ty I\la nager be authorized to proceed irilmediate1y through the correct procedure as set up by the City Charter and the Civil Service Board to have qualified a Llan or men froT.1 which he can select the Dockmaster or the Superintendent of the Clearwl:lter Uarina, whatever terminology is decided upon, and that after the pro- per procedure has been followed that the City Nanar;er request from the Civil Service Director an employment list of persons qualif'ied to hold the position and that he promptly appoint i'l'OM such list a permanent Doclo:laster for the City of Clearwater on Clearwater Beach at the Clearwater Marina. This motion wes seconded by Comcissloner Turner. Commissioner Blanton stated that it has been said that Mr. Haggert does not even live here. He said that ~lr. Hag~ert had disposed of his property which belonged elsewhere, and that he has chosen Clearwater as his home, to come here and live here - he stated that his baby was born here and that he made this his home tram choice - that aome people have been prought here without their consent, but that he selected Clear- water and came here. He said that he felt that the reference that has been made to him many times in the p~st is very unjust and uncalled for. t~yor Brown said that he felt -..... ,<-' , j , '.-., , ' ,,'.';' .."..,:,,:,>:.."',,'1" ' ;,"'.::,....',:..:",:"'i':" ;"" l'~,v;:;:,,~?!i!l' n" ':,.."....."..:,':'~,':: I. i.'i) , I ' , . ' r i .\ , , '-,.,~:,';\:.:i::., '. - ~ .'.-,\ ....). .' ~ .:' '. . '. 1 '. ',. ~. " . ;" " ';:,'~}\;;}'i~;,~f.{.:', I", ' "'i' ":"if'{ ',.,', ;, ':,:', t-~\}/t' '~ ' ,~ f '\T,.,tA;~~{J;y:?' . r">'( .' ~:"t,,, ,",' ", " .oj' j- f";" .. \;'1~;: ~,~ '<~;. ~ i~~5: I'l';(~ ~..l.. \)tl; ': .. ," C'~;fi]~"{)!.\:i:\"0:(1~1!'L::~,~!llt::i~;'1!;:;:;;C'~,"""'",cc.."".,,,." "",.,'" ,,"'" "..:"c.'c,~""~,i;..;i."",,;!.c'''c,, ,",i"'~"';"i..,U"~'..".,. ,,' ',:) ,~ "~""'J' :',<", ,"..'1.~~\~"/ '"J.. . '" ,','" '1' " ,~ . I, If' >( .\, . J;~ ~"':'~~ S;'.~f.t:.\~::.,:?f:.,:.~~t:~~~1;;~~;'}:!f(.\~J~:{ , ,,". ' ',... ,;":<\V:: ;:V;:".;\:///':'q~~,?i;~;:::iu;(;;:':~'k~:~~;(:[';'~':):H);~'~;;"~';~T;~}:;;fiAN;:;~::\~\,.: """"}~ ';"''"''':l'~ '-4;l" "'''~~~~$tIi;~J'''~~~~'I.''f-.;:'\trs.'' \~"'.~~" ','V, ~-'_.,..~N" ',= ~=-'" ~ ~.' .", ~fa',:'. ?I~f?j,\, CITY COMMISS~ION MEETING Ootober 18, 1951 that the keynote of the motion just n~de was to refreah in everyone's mind that ex- cept in a few designs ted instances, such a s the City Attorney, tha t the City Mana- ger is the appointing authority of the City of Clearwater - that he wished to re- establish this in the minds of the Civil Service Board and in the mind of the City Manager so the t no more hours of the time of the Connnissioners - their own private time - will be taken up with such administrative detail, which he stated that he gladly relinquished. Vote was taken on COlinnissioner Black's motion, with Mayor Brown, and Conunissioners Black and 'l\1I'ner voting, "Yes ~" Commissioner Blanton voting "No". ,.,,; , ~~I~~r I' ::';~;:\:\;;;,;;' (,,;, ',,; .":'~ ;,':,! .' I ~ " "l ,f~" ~ i ',/';i '0r:!..:~/. f .. "'.:, " " , , \ , 'J J , '., I ' " ...' 'I Meeting was ad j ourned by the Ua yor at 10:09 AM. /4M71 ~.~ Ma yor-Gonmli stfi6ner ATTEST: Clerk City Mana~er's press statement is as follows: '''To Wham It May Concern: "Following is sta tement from the City Manager with reference to the Doclonaster situation: "The members of the City Commission instructed City 11anap,er F. C. :Middleton to proceed immediately through Civil Service~ with the a.rrangements to appoint a person to fill the position now teri1poral~ily held by O. G. Haggert. In addition to the duties of Doclonaster, the position will include the business management of the Marina Building to be erected soon at the Marina Base. ftCity Manager Middleton and Civil Service Secretary Ruth Brown are busy today oompiling qualifications to cover 'such a position. As soon as the qualifications are completed, they will be presented to the Civil Service Board and the City Commission for approval, after which lIlr. Middleton will requisition the Civil Service Board for an employment list of persons with such qualifications and to announce the date for exa~inations. After the examinations have been given~ the names of the five men qualifying with the highest grades will be certified to the City Manager, who is the appointing authority~ and he will select .one from this group for the position. "This appointment wa s not made from the Civil Service exaI'I1ina t10n held on September 7~ 1951, because it was not legal, inasmuch as the qualifications had not been completed and the appointing authority had not requisitioned the Civil Service Board to conduct the exarnina tion." ---------------------------------------------..------------------------------------- October 17, 1951 Mayor-Commissioner Herbert M. Brown Commissioners: Joe Turner, Herbert Blanton,Sr. Thomas II. Black, Garland Lynn Gentlemen: A special meeting of the City Commission will be held in the City Hall Auditorium _ Thursday morning - 9 A.h~., October 18, 1951 - for the purpose of awardinB bids for public improvements and any other items brought before the Cornmission will be con- sidered by their consent. FCM:gg Yours very truly, F. C. Middleton Ci ty l,lanager CI'1Ti' CONII�IISSIOPJ IrofE�TING October ].S, 1J51. The City Oommiss�ion oz" the City of Clearwater rnet in Special Session at City Hall Thuraday, October 18, 195Z, at 9¢00 Abi, vrith the £ollowin� r.iembers presenta Herbert M. Brovra �ierbert Ni, Blanton Thomas H. S1ack,Jr. Joe Turner Abaent: Garland D. T,ynn Also Present Were: F. C. n4iddleton C . E . '4Ya re George T. h1eClamma h1ee�Gin� v�as called to order by the nlayor. -Mayor-Corrmrissioner -Commissioner -Commissioner -Corrmiiasioner -Commi�sioner -City TIana�;er -City Attorney -C2iie£ of Police City Iviana�er presented tabulation for b3ds for sanitary set��er on Prospect Avenue i'rom Court Street to Park Street, and stated that he joined the City Engineer in recorrunending tY�at the low bid of Paul Giuliani, of Tarpon Springs, in the amount oY �3,586.00 be approved. Cormnissioner Black moved that low bid oi' Paul Giuliani of ��''3,586.Q0 covering sanitary sewers to be pl�tced in Prospect, ParY and Court Street vicinity as recorrmiend�d by Oitg En�ineer anel City nianager be approved and contract awarded. Commissioner Iilanton seconded t;he motion, vihich was voted upon and unani- mously csrried. City n4anager presented �Eabulation for bids i"or replacement of 15°' sattitaxy� se�rer �Nith 18�r sanitary sel��er on T�iyr�le kvenue from Laura Street to vrew �,treet, and stated that he joined the City Enp;ineer in recoirnnending that the low bid of Iawrence and Rutledge of Lar�o and St, Petersburg, in the amount of �;i�s,8=Q,00 be appr�ved. Co�nis- sioner Black moved th�at reconunendation of City I�ianager and Cit�r �:n�;3neer be follovred and that contract be a�varded to Iawrence and Rutledge, of Lar�o and St. Feters�arg, low bidders, for �p8,940.00, covering �he replacement of 15�i sanitary sewer in the vicini�y of I:2yrtle, Iaura and Drew Streets. Govnnissioner Turner seconded the raotion, which was voted upon and unanimously carried. Co�issioner Black asked Gii;y ��ianager if there are portions of tha 151t line which is being taken up :�hich could be salvaged for othar use. City Ii2anager replied that vrh�.le it v��as badly corroded that vha�tever coulcl be salva�;ed v�ould be used for n�aintenance purposes. City IJlana�er '�rought up nr�tter of� communication from Gulf Oil Corporation, vrhich plans to improve and rebuild the station at I?rev, and N.E.Cleveland. They a:sk if the Gity anticipates any vridening oz streets or changes in that area �hich rv�uld afieet them. City P.lanager stated that he has consulted City Engineer on the r.iatter and thai; City En�ineer does not believe anythin� �rill be done there, as the street is wide there. TYie Corparation plsns to build only to the buildin�, and Coxuaissioner Black spoke of the fact that there is a twent,y foot narks�ray there. Gommissioner `�'urner spolie of the fact that traffic cuts out and around the corner there and that 3f thay plan i:o remodel or rebuild he vrondered if the Gor.lpany cuuld acqui�e property to set the '�uilding back. Coimniasioner Black stated that thev have acquired an additional fifty feet, and that he ielt it �*rould be a p;ooa idea for the Cit�* Engineer and Ci�;� IYfana�er to go into their plans with them to su�;�;est something of the�sort and perhaps they V�oiild be v�illin�; to do this, Commissioner Turner felt this �¢vauld be a good idea as the turn is a sharp orie. Cozunissioner Black sug�ested that a formal letter be �vritten stating that the Gity appreciates t2?eir interest and that no change is com- templated at this tinle. City i�:ana�er stated that he would look at plans. City Attorney r�ade explanation of Bicycle Ordinanee 5�hich v✓as under coneiderat3on when he �Jas ativay. Ne stated t2�at as drawn it is a model Ordinanco whieh is sponsored by the Nai:ional Saiety Council a nd i� in iorce in about eleven of the major citiea in b'lorida, exact copy of Ordinance enfarced in St. Petergvurg ancl Orlando. NIatter of buildin� pernit for Sara Carmeck vvas brou�ht up b3* Conmissioner Blanton, �vho asked if r.iatter could Ue discussed so that building pei�nit ca n be issued in order that bu�ldin�; can proceed v�ithout furtlzer delay. Cit�r kttorney atated that he and DIr. Krentzman had d�ne considerable research on the question and that their conclusion was that 3i' a qualified per�!it i3 issued it can be �ranted, but since pei�it to house maid has so�e times opened the wa y f or overstepping zoning Iimitations in past cases they felt a qu�lifi�d permi� should be iesuecl. Iie stated that tlie applioation appears to be within the Zon3ng Orciinance as drativn toda� as it cornes v�ithin the classizication of an accessory building and if it �eets the approval of the Cor.�ission he will advisa the Building Inspector to issue the qualified permit and that Iie r•aill see that proper qualifications are v�ritten in on the permit. Co�issioner Blanton r.ioved that City Building Inspector be autYi�rized to go ahead and issue this qualified permit based on the reconunendation of the City Attorney. Commissioner Black seconded the motionfi which was voted upon and unanimousl� carried. Commissioner i3laek brou�ht up ths rsatter of request Prom Edward G. Heseltine Enterprise, who wzshea to manufacture pra.lines in Clearrrater. TYiis opera�tion would be smsll, eruplog3ng only t��o or three emplogees, and Coirnnissioner Black felt it was th� tgpe o� businesa Clearvrater naeds anci should have. R4r. HeseTt3ne expects to locate in a business 10� in the 2000 block on Gulf to Bay Bouleva�rd just back of the Four Winds Motel. Coxmniss�ioner Black atated that since speczal permit must be issued directly bg the Commission for manu�acturing plant for candy that this project must be approved by the Cormnission. Other nier�bera of the Connnission and City hSanager agreed with Com- misai�ner Black that this businass was a�ine tfpa of enterprise for Clearv�ater. Com- misaiox�er B1ack moved that Edward Ce ileseltine Enterpr3se 'be authorized to ma rnzfacture cand� in the bus3noss district desi�nated as the 2000 block on Gulf to Bay Boulevard. Commisaione� Turner secondad tne motion, which was voted upon and unanimouslp carried. CITY CQAII�IISSION A�IEET=NG October T8, Z951 ��� hieyor Firovrn asked if Canunissioner Lynn had been notified of �his Commias3.on moet- ing. City I�iana�er raplied tha� �°mitten notica tiad been se,nt to Cormnissioner Zynn by City Hall messenger, and tl� t he had also been verbally notified of the meetfing and subjects tq be discussed and aslted if it would be convenient for him to attend, at which time he had stated that it would be. FIe stated tlat�t several ai:tempts had been made to reach hin by telephone just prior to the meetin� and that the line had been busq in each instance. Diayor Brown stated that tha Doclflnaster appointment had long been the suUject of study snd diacuseion and that he �vished to su��est thrat the City nlana�;er dispose of this� mat�er and tlzat it be done in tha very near f`uture. He stated that it l�as gotten to the point that th3a one sut�ject is consuming about eighty per cent of his time. Iie Aeked for expreseion from Coramissioners as �o their views on the subjact. Cormnissioner Black stated that he would like to see some f3na1 action taken so thmt time of Mayor ax�d Com- missioners is no lon�er involved, whicli he doea not feel should ]� ve beera taken up in the f irst pl�ce with angthii�� of ttiis nature. He stated bhat tho matter of hiring in- dividuals is within the aU.thority of the City 141ana�er, who hiras and fires with the approval and consultation of the Civil Serv3ce Board. He stated he would like to see the matter brought to a head, decision made, with decision abided by. Ho atated that the Conunission is trying to solve the problem at �his time, and that his suggestion of the so�.ution is that the City P�ianager be instructed to consult vrith the Civil Service Board and the Civil Service Director to set up tkie necessary qualificatiane and re- quirements for that position, namely, Dociffnaster, or Superintendent c�f Clearwai:er hSarina, and that after requireznents and duties are set fortli, cuh3.ch should be done as quicklg as posaiblo, �that � public announcament should be made as to the dutie� and re- quirements and w]aat the qualifications are, and announcement made of the examin�tion so that al� interested people available take the examination, which should be corrected and checked, and the Board turn over to the Cit,y 23ana�;er the nar.ies of applicants qualified and that the Czty P�ianager make select�Lon oF person to be appointed. He stated that in regard to the examina�ion being given 7areviously - it v�as not requested and wa � not complete as to the duties and qualifications. He stated that he felt that thi� wauld correct the situation and tha'c examination shottld be announced and held at the rec�uest of the City h[anager, who is the h�ring authoritzr of the City of C1ear�r�ater, and should have the full authority for hiring or firing anyone within �he City with the approval of the Civil Service Board, w2_icr is a functionin� body or organization in the City of Clearwater, the same as the City� Co�nnission is. Connniasioner Blanton said that it had not been his pleasure to knov�ll;r. Haggert previous to the time the Coimnission had decided to authorize the emplo�nent of a�Doc�naster, bu� that he, along with several others, applied for the job, He etated that althou�;h he lzad some splendid reference and recounnendations that he had rasde hia ovrn investigat�ons as to his backgroun3, ex- perience and �itness for this par,icular work, and that he had learned that he hold� an A. B. Seamants Certificate, which requires three years oi aative service to obtain such rating; that he holds a Steambo�ting �uarterma�ster�s Certifieate, licensing him to handle ar man any size boat —` or �ahip, includin� deep sea navigation. Fie said that t� obtain this certificate requires suceessfullg passing a vary rigid exa�ination, a much tougher examination than is necessary to qualii,y a man to l�andle the Clear�vater poci�iaster job. He said he holcls an engineer�s oiling, firing and water- ing ratin� certificate for a11 types of ships that ean only be obtained by successfully passing a rigid e�:amination upon campletion of 36 m�nthe� active servics. He holds, Commissioner Blantan stated, a htaster�s Lifeboat Certificate, li,censing him to man life boats and direct rescue w �rk that requires successi'ully passing az� examination showing a thorough knowledge on navi�ation, life saving and searnanship. He stated that he served as Assistant Harborxnaster at Toledo, Ohio, during the first part of the last World Z°lar, under U. S. Coast Guard Coimnander and was in oharge of inspection of all in- coming and autgoing shipping, comr�anding a patrol boat checl�ing sabotage, smug�;ling and oti�.er violations of harbor regulations. He stated that he served in the nIerchant Marine during 4Torld VPar II, was one of the £ir3t ships �o enter Naples Harbor durin� the Naples invasion, was these 27 days and survived 23 raid� during the 27 days. He sta�ed that his ship wa� torpedoed and destro�efl on S�tarch 4th, 1944, in the North Atlantic, 500 miles off Halifax. He directed rescue �r�or.i among the seamen and hung up a record of this being the only shig that was compl.etely destroyed at a�a during the ent�re rvar in which a11 men on board were saved. He served in the Coast Guard for 26 months, re- ceined an honorable discharge with 4.0 service conduct rating, which is the hi�;hest rating possible to obtain, and v�ith a 3.8 efficienc9 rating, which is V�ith�n 2 points� of the highest rating. Qozrnnissioner Blanton stated that his record is open, and that if nis critics want to make a fair and just evaluation the� can write the 9th Nava�l District Cottmiand at Cleveland9 Oh3o; the Connnanding Officer af the �,lichigan State Police, or �o the President of the �Iillage of Forrestville, I�fich3gan. Fie stated that he had macle it a point to talk vrith him at length several times regarcling liis experience, baek- �round and knowledge. iie ?�ad found that he had a pleasant, friendly peraonal3ty; that he was keenly alert, polite, courteous and versatile. �ommissioner Blanton stated tY�at he v�as thoroughly convinced that he was just the man he vrould have eniployed for the job had he personally o�vned tha Yacht Basin. Peraonal investigation, he said, of his work clearly reveals tYiai k�.e is doing a splendid job. xe stated that the Cit�y n2ana�er, his irmnediate superior, states thr�t he is. A number o£ the boatraen using the 147arina have told hirn the same thing. He stated that in the aousse of his business he lza� em- plo�ed man� sal.esmen and has learned to obs�rve people and feels that he is a good judge of htunan nature and that he feels that the City could look i'ar and wide and v�ould be unabla to find an�one as ��ell qualified as n4r. Ha�gert both as to personality and qualifications, ability to handle people well - that he felt he could not only hanclle the Doclnnaster work but the Superintendent work as �vell - that he is able to converse intelli�ently on an� subject with persons from any walk of liie from hi�h to low. He stated that one boatman had said, ��Haggert is doing a�ood job under some adverse con- ditions; some few of the boatmer, have done everything possible to �iue him a hard time. Z �hink the fel7.ow really kno�vs his stuff and ia as �ood a man as the city could find for tha jobs�t� Ae stated that another had sAi:l, ��This is a jo'� that just �ny�oay couldn�t handle, I think Haggert ha,s what it takea. Sorie o£ the fellow5 that vJere hostile to him at first have really cozne to liY.o him. It v�as better to �;et an outa�.der the.n to have placed one of the boatmen over i;he others as I�ocl4nas�er. Thst vuould have been �rorse, because there �rras too muc:h rivalry amon�; tho fellowa.�" Caxnm3asioner Blantoz� CITY COA2.dISSION MEETTNG October 1�, 1951 r . i� said bhat he�v�as atill convinced that the City n4ana�er nad made a vrise sslection and. that the Ci.ty Goimnissionexs ���ere �.tlly justified in approvin� the appointment o�' Mr. Hag�;ert, fIe stated that he tivas also convinced that the City needs a man of Mr. Ha�gert�s qualifications., and that he vras not going to vote to kick him out just to �ive another man a job to appease a newapa per reporter who continue3 to attempt to diacredit •the City Conunisa�ion and heap unjustified abuse on its head. He saicl that hlr. Haggert was hired in �;ood faith until the completion of all the Yacht Ba,s�.n iacilities, and, so far as he was concerned, he could have the job as long as he continues to do it r^�ell, until the new Marina Building is completed, at which time he favored having the Ci�viT Service. Board set up a new �3.vis Service claasification, broad enough to cover executive classi- fication axxl propert� mana�;ernent qualifications in adclition to the present Docl�ater� s duties, and call for applicanta to stand a competitive e.acamination. He stated t�at he was not being obstinate about the matter, that after al.l the City RZanager is the employing authoritg, ompowerecl under the Civil Service law to as3ist in making and approvin�; the rules and ra�ulations under vrhich the Civil Service Bo�rd operates and corduc U� ite exariinat�.on. Iie said that only after this has been done v�ould it be within the power o£ the City Iu�ana�;er to request a Civil Service exanination as above mentioned. He said that he felt the whole issue had been started by a newspaper columnist and that Is7r. Hagqeri; k+.as not defended hirnself - that he is a quiet, meak mr�n who has not boasted of his qualif.ications and has €;one on doing a�;ood job under most difficult and tryin� circtamstances, which a less patient man would have been unablff to endure. He said that he felt the honor of the Commission is at stake - that it is a question as to vrhether thef wi11 stand back of bheir ori�inal decis3on �to hire a n�an while bui].ding the Marina until ii is completed or whether the�r tivill allow tY�.emselve� to be svrayed by all the publicit$r Rhich has bee� stirred u.p by one nevrspaper reporter. Ae said that eithex a mistake was made �vhen I:Ir. Hag�ert lryas hired or a mistalse is being made to fire him. He stated that the records pro`va that no mistalie was nrade in hiring him until the co�:pletion of the Nlarina facilities, at v�hich time an examination vtould be called f.oro He said that some of the Cormnissioners appear to be changing their attitude on the subject due to ag3tation on the outside and are even considering going out and firing the present voclmiaster. He said, ho��euer, that the City 22ana�er says he is doin� a�;ood job, and that �the boatmen say he is. He said that ver� recentl'y th� City h�ianager had stated that he could not truthfully say he is not doing a good job. He sa3d that he felt it vf�uld be only to appease a few. He gaid that he vras no'v az� a�peaser - that he v�ould stand by what he believes as lon� as he had breath in his body. He said he ielt that tha Cor.�nission is in the right in retaining iv'Ir. Iiag�;ert until the I�Zarina is completed and that they v�ere right to start vrith - tl�at tlie job is 'Geing done �raell, YIe said Mr. fiag�;ert has collected all rents - that there were no arrears, even thou�h �orle people Y�d said th.at they v�ould never pay their rent as long as hir. Haggert was over there. He statecl that ever� stumbling block and obstacle has been put in his way to try the patience of any man - that same men vrould not have had the patience to stand it, k�ut A4r. Ha��ert has proven hiriself a gentleman in everv way. Commissioner Blantol� addecl that in this �var torn vrorld the onlg thing anyone has is his honor, ]�.is neAce w3th God. He said that v�ith bureaucrats a.n Glashin�;ton piling up taxes., gra.dually creeping up on everyone with personal pr�perty and other taxes, that vrhat does angone have but honor and geace with God. He asl�ed the Coznnission to consider care�ully and seriouslg before mak?ng a deciszon. Iie said that even if he was a�inority that he would still stand for what he thou�ht vras ri�ht - that he would face the public and could look them squarel�y in the eye and tell them that no outside prassure, no talk and �;ossip could veer him rrom the course that he thought v�ras right. Iie said he felt that if the coimnission tivould give this rnatter careful consideration that they �vould agree and �o along vrith his viev�. Corrmlissioner `�urner then statea that he would like to coimnend Commiss3oner Blanton on his stand, that he felt that a�rea1; many things he had said are abaolutelg �rue, that there are none that he could contradict. He stated that he had knorvn nSr. Ha�;�;ert�s qualifications before he ever concurred in his appo3ntment in the Ue�inning, that as far as he is concerned from a Tlarine standpoin� he knov,rs ri_� docks and boats, but from a teehnical standpoint, Goramissioner Turner felt that the Coni- mission may have erred in concurring in this appointvient. He stated that he had not thought of this job techn;'.cal.ly as coming under Civil Service - that he had felt that the Czty would be hiring a T��an��;er and that the job would be somethin�; on a direct basis like a business proposition would be and not as an employee of the City. He stated that he felt that the City ha,d saade a mistake and that even though nir. Haggert is doing a�ood job that the Cormnission wrouTd be wise to v�ipe the sl�te clean and call for an examination and that if Mr. Hag�;ert wants to co�e back and take a nev� examination that he for one v�ould be glad to have him do soe . Iie said tY�at if this tivere a private bizsiness that he would hire IVir. Ha�;gert, as he knov�s everyti!ing from the boat standpoint and if it was under the County Corun3ssion, which is not under Qivil Seraice he would h:Lre hira, but -Ehat under the set�up oi the City Civil Service ae it is he feels that he has made a miatake on it and in order to rectify it on a clean basis he felt that �e should clean the slate and start over a�a3n. Cor,unissioner �lack statecl that he felt a list of qualii'ic�tions and duties should be set up imr.�ediately, Tie said tha� �eshaps he had arred in his judgment as to whether this should be done at once as it �ight be that the Cit� P.Iana�er may not be readq to cZraw up tris list at this t:ir�e - that he may feel that he cannot at th3s point compile complete listin� of qualifications. He asked the City IJfana�;er ii he is reads* to aet up the job involved - the duties and. qaa13�'ications so that an examination can be given, The Citv ntana�er stated that tlley are ready to do soe He sbid �hat �hey have part ot' the qualii'ication 13st completed rvhzch theq ware ori�inally vrorkin� on and that by addin� to that list it would be read,y. Co�missioner Black ststed that he has no malice torvasd P!!r. Iia��ert and that 3f his record is as out- 13�ned by Corumissioner Blanton that it is an outstanding one, but that he vrished to ask the City Attorney if the City can cont3.nue a man in employment vaitlzout having him tmder Civil S'ervice. He asked i� he must be under �ivil SPrvice - if it is necessary that an examination be g;iven. City A,ttorney stated tnat all em�layee� of the Cits Government of the City of Clearwater must be under C:ivil Servics with the fallovrin� exceptione (a ) (b ) �83 �f) � �' ) hll ofiicars �lecte�� bp the pea�le. P�Zembers oi any Board or Con�nission of the City of Clear�vater, Florida . C3.tp Mana�er. l�iunicipa]'_ dud�;e of the City City At�orneys of the C3ty Practicin� attorney-at-law Clearwater, Florlda. Persons of highly technical of C1ear�vAter, Florzda. of Clearv��ater, Floridao retained or employed by the Cit9 of or prof,essi��nal training maintainir�g cont�d CITY CQhII�SISSION 1l7EETTNG October 18, 1951 (g} Cont�d: an independent pxactice in the3r c3iosen professinn and employed on part time basis Uy the C3t�*. Corranissioner Blanton asked, if these were tho onTy exceptiona, why the Cit,q Eng3neer has not been required to take an examination. 2'he Cit� Attorney repliacl that there is a Ntate law - a general law - with reference to Engineers in thie State which pro- vides for an examinati�n by a Stste Board and as a result of that examinatio� a certificate of registration is i�sued whic�i gran ts to ths Enginoer v�ho has passed that exam3nation certain ri�hts and priv3le�;es, amon� which is to practice Engineerin� publicl� or privatsl�*, anyrvhere in the State of Florida, without further En�;ineeri:,� examination. City Attorney atated that noth3ng can supersede that law, and that the Supreme Court has decided this fact in dozens of cases. Conuniss;ioner Blanton then asked that if this were the case whg �he C3vi1 Service Board expects uity Enginee� to take the exani3.nation. City Attorney raplied that a{; the joint mee�in� ot the City Commission and Civil Service Board on Thuraday two vreeks a�o that he called to the attention of both the Commission; and Board thet there had not been su�ficiently close coordination betwean the Board and its Attorney in the past so that they eQn proceed along lines as to wY�at legally they h�d a ri�ht to do ox ��hat theq did nat have a right to do. He stated that if that question had been submitted to him prior to the t3me that notice P�as sent to the Enginear he would have advised them that they had no right to request him to take the examinetion. At tY�.is point the Ci�y l�ttorne�y was excused to make telephone call to postpone Bond Validation proceedings in the Circu3t Court set for 10;00 PNP. hSayor F3rown sta�ted that at that same meetin� it was decided then, and that he insisted on it nov� tr� t the e�:aminAtion be requested by City hIana�er. Aa added that he hoped the Civi1 Service Board would appreciate the feelings of tre Commission in insisting that the 3�anager �vork in close harmony with the Director, and that in the future instances of this kincl will not be present because of these re- lationships. He said t12at ha felt it could be worked out, that in the past mistakes: had been made by everyone concerned �- nonest mistaltes from the hea� and not fror.i the heart and that he believed that there comes a time in everyone�s life v�b.en he can be large enough to see that error has been made and that it must be s�raightened out. Commiss3oner Blanton asked how the Commission had erred in appointing the Doclflnaster. Niay or Brown replied that the mistake was that the Comriission did not insist that the City bianager call for an exaninat3,on. Couunissioner Blani�on stated that the man was hired �o work �antil the I�Sarina was completedo Nayor Brown replied that he was hired in the face of emergency and that he has certainly fzlle�i iii a hard job, but that there seems to be some question raised as to hi9 qualifications - that vre have no legal right to keep him on in the face of the u^ivil Service lav�r, and that hc wanted to add his voice to the opinion �hat the Gity IJlana�er should ask for a list of qualified indi- viduals from whom he ttzav solect the Dockmaster or Superintendent, and that it has not come to his attention that I�Sr. Haggert vrill be barred £rom auch examination. City Attorne� sta�ed thst there is a rule - not a law - which woulrl prevent Mr, Haggert fror.i takin� the e.�mination. NIayor Brown stated that this would be a dif�'erent examination. City n�anager s�id that the pxaminatior. tlzat v�as g5.ven could be termed as not being in accord �with the rixles and regulations to begin vrith so that those tak- ing the examination would be er_titled to take it again. He said thnt i= the rulea had been follo�ved iri �ivin�; the examination that those who did not pass would be barred from taking the exarmination for a year, but that since it vras not a bona fide exami- nation he did not iael that anyone who had t�kan it before should be barred. Com- �issioner Turner concurred ln this, saying that the examina�ion was at fault, not the man. City Attorney said that it v��as failure ta fallow the Act ancl not the ru1e3. I�Iayor Brotivn said that evexyone ha� carried a tremendoua bu.rden in this situation, not only from the pr•ess, but that mang people ba vs said to him that they did not know Nir. Hag@;ert, but that they just couldn�t understand why this situation yvas put onto tha Corr�nisgion - that it �vas beyond the call of duty of the Cor�mission to hold down alT this job a�s appointing authority. He said he did not like it and didn�t want any future part in it. He said that if the City Itilsnager wants to hire or fire ha can do it through the Civil Service laws and that he, for one, vras insisting that he do just th�t. He asked the City h7anager i£ he r�a a�.�eatea the opinionsexpressed here by the Conmiissioners and whether he had anything to say. City Manager said that lae agreed w ith what Comtnissioner Blanton had to say - that he had nothin� against Mr. Haggert vrhataoever - that he agreed vrith Conmissioners Turner and Black and hiayor BroVrn that he should be, if qualified, put on an equal basis with the other employees of the City of Clearwater through tha Civil Sarvice that vre are oFerating under, both for the protection of the Gity of Clear- water and the employees. He added that he would like, vJith the perr,tisa�ion of the Com- missioners, to release a statement to the press•.clariiying h3s stand, as he felt that it expressed not onl� his own stand but tY�at of the Commission and what ia intended to be done. He askecl for perrniasion to read it. C'orrmrissloner Blaclt asked whether it would be correct procedure for the City Commission to set forth their stand in t;he form of a motion bePore the state�ent ie read if tne statement carrie� out vvhat our mot3.on is to be. Conmissioner �lanton felt that this procedure would be correcto Comn�.s�ionear Black said tlzat he agreed tiriih Comrnissioner Blanton to the exte�t that he felt th�t if this Commission or any individnal wl�.o has been pressured into doing a goad job is very, very small, but that he felt that none oi their group is going to be prassured by any individual �;roup or propagancia that is thrown the3r way. He said he felt that in his judgr.nent mistakes had been raade by both the Couunission and Civil Service Board and that eiPort is being made to tz�r to rectify thosa rtiistakes at this time. Commissioner 7�lack then moved that the Cit,y LZanager be authorized to proceecl 3nmiediataly through the correc� procedure as set up by the Cit� Charter and the Civil Sarvi�e Board to have qualified a�&n or men £rolii which he can select the Doclffnaster or i:he Superin�enden�: of the Clear�vater p,7arina, �rrhatever tern-iinolo��,� is decided upon, and that after the pro- per brocedure has been followed that the City h4anager request irorn �he C3vil Service Director an e�ployr,ient list of persons qualified to hold the position and that ha promptly appoint from such list a perr.ianent lloc�aster for the City of Clearwater on Clearwater Beaeh at the Glearwater Mar3na. This motion was seconded by Corrmaissioner 7.'urner. Cormnissioner Blanton stated that it has bsen gaid the.t l'�Ir. Haggert doea not even live here. I�e said that I�1r. Ha�g�ert hed ciis�ogecl of his propert,y which belonged elgav�here, and that hs has chosen Clearwater as hia hame, to come here and live llere - he stated tb.at his baby was born hsre and thstt he :nade th3.a his home i'rom choice - that s�ma people have been brought here without their consent, but �hat he selected Clear- v�ater and came here. He said that he ie"lt that tl�e reierence i;hat has been made to him many times in the past is very unjust and uncalled for. b'fayor Brown said �hat he felt CTTY CONIMISSION nYEETZNG October 18, 1951 that the keynote of the motion just msda v✓as to refresh in everyone�s. mind that ex- cept in a few desi�na�ed instr�nces, such as the City Attorne�, that the Cityldana- �ar is the appointin� authority of the Gity of Clearv�ater - that he vrisYled to ra- establish �his in tkie minds of the Civil Service Boarci and in the mind oP the City Mana�;er so that no more hours of the time of the Cormnisssioners - their own private time - iviil be taken up with such adminiatxative detail, whicri lia stated tizat ha �ladly relinquished. Vote was ta�en on Cormnissioner B1ack�s moti,on, witr 1lfayor Brown, ancl Commiasioners Black and Turner voting, rrYes,° Commissioner Blanton voting ❑Nou� Meeting was ad journed by the P4a,yor at 1Or09 AAI. � ��'� � Mayor-C is i �er ATTEST: � � City Auditor d Clerk Cit� Ivlanager� s. press statement is as follo4vs; '��2'o Whom It r�ay Concern: ��Following is statement frorn the Cit,y Manager with rsference to the Docl�aster situatian: 1PThe members; of the City Commission instructed City hiana�;er F. C. ?��iiddletan to proceed ir�nediately through Ci�iil Service, ti�ith the arrangements to appoint a person to fill the position noe� te�porsrily held By 0. G. t�eggert, ;Cn addition to the dutios o#' Doc�naster, the position will inalude the businass management of the n4arin� Building to be erected soon at the pnarina Bese. �rCity P�ianager I�Iiddleton and Givil Serv?ce 5ecretary Ruth Brown are busy today compilin�; qualifications to cover'such a po�ition. A� saon as the qus,lificetions are completed, they v�ill be prese�ted to the Civil Service Bc�ard and the C�t� Comnission for approval., after which I�r. Middlezon tivill requisi�ion the Civil Service Board xor an emplagment list of persons wi}n such qualifications and to announce the date for exarainations. After the e;caminations have been given, tha nar,ies of the five men qualifying vaith the highest grades ti�ill be certified to the City I�Ianager, Aho is the appointing authorit�, and he vrill aelect one fron this group for the position. � °iI'his appointment r^�as noi: made from tha Civil Service examination held on S"eptember 7, 1951, because it was not legal, inasxnuch as the qualifications had not beer_ completed and the appointing authority had not requisitioned the Civil Service Board to conduct the exe:mination.'� October 17, 1951 Mayor-Commissioner �ierbert n2. Brovrn Corrmiissioners: Joe Turner, Herbert Blanton,Sr, Thomas H. Black, Garlard r,ynn Gentlemen: A spec3al meeting of the (;ity Coirnui�sion rvill be held in the Citf Hall Auditorium Thursdag morniil� - 9 A.I�1., October 18, 1951 - for the purpose of arvardin�; bids ior public improvements and an� cther items brought before the Co�raission will be con- sidered by their consent. FCI�T : �g 'Yours very truly, F. C. IcIiddleton City Pttana�er