05/19/1952
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CITY C~ISSION MEETING
May 19, 1952
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The City Commission of the City of Clearwater met in regular session at Oi~y
Hall, Monday, May 19, 1952, at 7:)0 P.M. with the fo1lo~ng members present:
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Herbert M. Brown
wm. E. Crown, Jr.
Herbert M. Blan~on
Jack Russell
Mayor-Commissioner
Commissioner
Commissioner
Commissioner
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Absent:
Garland D. Lynn
Conunissioner
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Also present were:
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F. C. Middleton
G. T. McC1amma
C. M. Phillips, Jr.
S. Lickton
City Manager
Chief of Police
City Attorney
City Engineer
The Mayor called the meeting to order. The approval of the minu~es of the
regular meeting or May 5th and of the special meetings of May 7th and May 16th
was deferred to a future meeting by consent.
The City Manager reported that he had received three bids for the construction
of the Concrete Groin-Fishing Pier at Clearwater Beach and bids were read as rollows:
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Burton-Walker Construction Co., Plant City
W. H. Armston Co., Inc., Dunedin
George E. Bunnell, Inc., Miami
$27,500.00
28,500.00
31,250.00
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The City Manager stated the concrete work in the pier was to be let on a separate
contract and there were two bids received for 535 cubic yards of ready-mix concrete
which were read as follows:
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Pine lIas Lumber Co., Clearwater
General Ready-Mix Concrete, Clw.
$8,881.00
8,g8l.00
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$10,646.50
10,646.50
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Commissioner Crown moved that the bids be accepted and referred to the City Manager
for tabulation and report. Motion was seconded by Commissioner Russell and carried
unanimously.
The City Manager reported six bids received ror the construction of the sani-
tary sewer in Bay Esplanade rrom Verbena Street north 660 feet. Bids were read as
follows:
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Smith-Sweger Constr. Co., Clearwater $5,126.00
Laurance & Rutledge, Largo 4,580.10
D. W. Browning Co., Tampa & Daytona Beach 4,250.00
Paul Giuliani Co., Tarpon Springs 5,920.00
Burton-Walker Constr. Co., Plant City 7,140.00
Stansfield Constr. Co., Trompa 4,440.00
Commissioner Crown moved that the bids be accepted and referred to the City Manager
for his recomnlendation. Motion ~as seconded by Commissioner Russell and carried
unanimously.
It was reported by the City Manager that eight bids had been received for the
construction of the storm sewer in Laura Street from Myrtle Avenue to Prospect
Avenue. Bids were read as follows:
Smith-Sweger Constr. Co., Clearwater
Laurance & Rutledge, Largo
D. W. Browning Co., Tampa & Daytona Beach
Paul Giuliani Co., Inc., Tarpon Springs
W. H. Armston Co., Dunedin
Burton-Walker Constr. Co., Plant Oity
Stansfield Constr. Co., Tampa
Dan Gatlin, Clearwater
$2,223.25
2,157.90
2,451.25
2,llg~00
2,331.25
2,253.25
2,122.00
2,072.2.5
Commissioner Russell moved that the bids be turned over to the City Manager for his
tabulation and recommendation. Motion was seconded by Commissioner Blanton and
carried unanimously.
The City Manager reported five bids received for the construction of the
sanitary sewer in Court Street from Hillcrest Drive to Lady Mary Drive. Bids were
read as follows:
Smith-Sweger Constr. Co., Clearwater
Laurance & Rutledge, Largo
D. W. Browning, Tampa & Daytona Beach
Paul Giuliani Co., Inc., Tarpon Springs
Stansfield Constr. Co., Tampa
$6,022.10
6,055.82
7,193.40
6,027.70
7,679.00
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Commissioner Blanton moved that the bids be referred to the City Manager and the
City Engineer for tabulation and report back to the Commission at a later date.
Motion was seconded by Commissioner Russell and carried unanimously.
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CITY COMMISSI ON MEETING
May 19, 1952
Regarding the purchase of a deep wel1liurbine pump, the City f.'I~mager reported
he had received three bids which we~e lead as follows:
Industrial Supply 00., Tampa
Lane Atlantic Co., Orlando
Growers Pump & Supply Co., Tampa
011 Lubr.
t2,150.00
Water Lubr'.
ll,850.00
1,854.35
2,040.20
Commissioner Blanton moved that the bids be referred to the City Manager for
tabulation and report back at the next Commission meeting. Motion was seconded
by Commissioner Russell and carried unanimously.
The City Attorney read the proposed Ordinance #619 regarding the underground
storage tanks for petroleum products. Mr. S. F. Lee introduced Mr. Glen P. Woodward,
Executive Secretary of the Florida Petroleum Industries, from Jacksonville, who
addressed the Commission on behalf of some of the local oil dealers. He cited
several reasons why the City should not limit the size of the storage tanks or the
number of tanks and requested that the Oity defer final passage of the Ordinance
until it was given further consideration. Mr. Russell addressed his fellow-
Oommissioners stating that he thought the 1,000 gallon tanks were adequate for the
average dealer and would be better from the safety angle. Commissioner Russell
moved that the City Attorney check up on Florida law in connection with such
matters and report. Motion was seconded by Commissioner Crown and carried unanimously.
Mr. Cyril Pogue appeared before the Commission on behalf of Mr. J. A. Taylor,
owner o~ Lot 4, Repla~ of Let 4, Replat of Lot 1, Block 54 and the Yacht Club Block
of Mandalay Subdivision, requesting that the City renounce all claim to that part
of Kipling Plaza lying east of the east lot line of Bay Esplanade. This lot had
originally been intended as a Yacht Club location but is now going to be used for
residential purposes. During the discussion it was brought out that the City has
a storm sewer line across the property for which the City now has no easement.
Commissioner Blanton moved that the Commission comply with the request by establish-
ing the property line or street line across this property in line with east line of
Bay Esplanade and that the City disclaim any interest in the property east of said
line subject to the City being granted an easement across the property from Bay
Esplanade to the Bay for purposes of maintaining a storm sewer. Motion was seconded
by Oommissioner Russell and carried. Commissioner Crown did not vote.
The Clerk read a petition from the Clearwater Resort Association asking the
Commission to prohibit picnicking on property on Olearwater Beach and to have the
Police Department enforce such ruling. Mayor Brown remarked that the City had
recently paid $80,000.00 to purChase the 1200 foot strip of land on the South beach
to be used for bathing and picnicking. Commissioner Blanton stated that the people
from all of Clearwater have been and \all be taxed for many years to pay for the
Causeway to the Beach and he believed they should have the privilege of using the
park facilities on the Beach. The Mayor commented perhaps it was a case of improper
use of the Beach which could be handled by extra police protection and additional
sanitary disposal collections. Mr. W. E. Eigenmann, Mr. C. L. Darling and Mrs.
Wyolene Grace addressed the Commission relative to the matter. The City Manager
reported regarding a plan for creating a playground for young children in the Water
Tank Park area. He stated the street widening on the west side of the park had been
completed some months ago but has not been surfaced. The plan would include resur-
faCing that area, setting the sidewalk and curb in ten feet on the north and south
side of the park which would make another lane for parking, fencing the entire
remaining area except the fire station, building a sand wall between the two beach
pavilions with three openings and removing old groins on the beach, approximate
total cost $10,000.00. By consent of the Commission, the matter was referred to
the City Manager and the Chief of Police for their suggestions and an estimate 0~
the cost of building a separate picnic area to be brought back by the City Manager.
The Olerk read a letter from the President of the Lions Club, Mr. Thomas Black,
asking the City to assist the Lions Club in purchasing additional fertilizer for
Crest Lake. Mr. Black addressed the Commission explaining the project which includes
the Children's Fishing Jamboree. Commissioner Russell moved that the City designate
$200.00 for fertilization of Crest Lake by the Lions Club. Motion was seconded by
Commissioner Crown and carried unanimously.
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A letter was read by the Clerk written by Mr. Howard P. Rives, Attorney, on
behalf of Mrs. Francena Tyner! requesting that her lease for the City property upon
which she operates the "Golf nn", (miniature golf")ibe renewed for five years at the
same rental. It was suggested by the Mayor and the Commission agreed that the City
Manager and the City Attorney be instructed to prepare a proposed lease for one year
to present to the Commission at a later meeting.
The Mayor announced the opening of a Public Hearing on the construction of an
~ inch sanitary sewer on Pierce Street from Hillcrest to Lady Mary Drive. The City
Engineer reported that some of this area was now being served by septic tanks which
were not satisfactory. He estimated total cost of the project at $3,960.00 which
would be assessed against abutting property to be served by the sewer. There being
no objections, Commissioner Orown moved that the project for construction of an g
inch sanitary sewer in Pierce Street in accordance with the advertisement for public
hearing be approved and the proper City officials be authorized to advertise for
bids for the completion of the project. Motion was seconded by Commissioner Russell
and carried unanimously.
Attorney A. D. Finch addressed the Commission relative to the appeal of Mr.
George Peck from the decision of the Plumbers Examining Board. Mr. Finch cited in
detail the arguments in the appeal which is set forth in the following pages of
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CITY COMMISSION MEETING
May 19, 1952
these minutes and made a part thereof. He stated that Mr. Peck had been a
licensed master plumber in a town of 75,000 population for four years and requested
that Mr. Peck be granted a master plumber's license upon payment of the proper fee.
The members of the Plumbers Examining Board were present to explain their position
in not granting a passing grade in the examination. After discussion, the members
of the Plumbers Examining Board agreed to conduct a re-examination of the
applicant Saturday, May 24th. In response to a question by the Building Inspector,
he was informed that no examination fee should be collected for the re-examination.
Mr. Peck and his attorney, Mr. Finch, agreed to withdraw the appeal subject to the
re-examination as agreed to by the Plumbers Examining Board.
Commissioner Blanton moved that Item 3L on the agenda (Stevenson Creek im-
provement project east of Ft. Harrison Avenue and north of Calumet Street) be
deferred to next Monday evening, May 26th. Motion was seconded by Commissioner
Crown and carried u~animous1y.
Mr. W. M. MacKenzie, Jr., addressed the Commission relative to the appeal of
Mr. Ralph L. Moore from the decision of the Plumbers Examining Board. Mr.
MacKenzie read the appeal which is set forth in the following pages of these
minutes and made a part thereof. It was agreed by the Commission that Mr. Moore
would be permitted to take the re-examination on Saturday if he wi shed to do so.
There being no further business to come before the Board, the meeting adjourned
at 12: 53 A.M.
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CITY COMMISSION MEETING
May 19, 1952
May 16, 1952
Mayor-Commissioner Herbert M. Brown
Commissioners: Herbert Blanton, Sr., Garland D. Lynn
Jack Russell, W. E. Crown, Jr.
Gentlemen:
The regular meeting of the City Commission will be held on Monday night, May 19,
1952, at 7:30 p.m. in the City Hall Auditorium. This meeting will be held for
the purpose of discussing the items listed on the attached agenda.
Sincerely yours,
/s/ F. C. Middleton
City Manager
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Approving minutes of the regular meeting of May 5, and of the special meeting
of May 7, 1952.
Opening of Bids:
A. Construction of concrete pier at Clearwater Beach.
B. Construction of Sanitary Sewer in Bay Esplanade.
C. Construction of Storm Sewer in Laura from Myrtle Avenue to Prospect Ave.
D. Construction of Sanitary Sewer in Court Street from Hillcrest Drive to
Lady Mary Drive.
Construction of Sanitary Sewer in Pierce Street from Hillcrest Drive to
Lady Mary Drive.
F. To purchase deep well Turbine Pump.
Commission's consideration:
A. Request of Mr. Jack Taylor in regards to Lot 4 of a replat o~ part o~
Mandalay Subdivision (Attorney Cyril Pogue).
Petition from Clearwater Resort Association with reference to City Parks
on Clearwater Beach.
Letter from Lions Club with reference to Crest Lake Project. (Pres. Black)
Letter from Mrs. Tyner with reference to property known as Golf Inn,
Clearwater Beach. (Attorney Howard Rives).
Expenditure for widening Cleveland Street from Washington east to Madison.
(City Manager).
Expenditure for widening and removing curve on south Druid Road between
Lotus Path and Jeffords Street. (City Manager)
Consideration of passage on third and final reading of Ordinance regarding
size of underground storage tanks for petroleum. (City Attorney).
Consideration of proposed change in Sign Ordinance No. 592. (City Attorney)
Consideration of Ordinance regulating the rental and use of the boat slips
and docking space located across from the Auditorium and owned by the
City. (City Attorney).
Assessment resolution covering revised assessments for Storm Sewer,
Sanitary Sewer and paving on Court and Chestnut Street extension, between
Greenwood and Myrtle Avenue (City Attorney).
Contract with A.B.C. Coal and Coke Company to cover purchase of coke for
the ensuing years. (City Manager).
Stevensons Creek improvement project east of Ft. Harrison Ave. and north
or Calumet Street. (Commissioner Blanton)
M. Street Names. (Commissioner Blanton).
Public Hearing with reference to construction of an an Sanitary Sewer on
Pierce Street from Hillcrest to Lady Mary Drive.
Manager's report:
A. With reference to Water Tank Park, Clearwater Beach.
B. Parking lot and City Park project in Coachman Park.
C. Parking lot at southeast corner of Jones St. and N. Garden Ave.
6. Commission's consideration of appeal from Mr. George Peck and Mr. Ralph L.
Moore with reference to Plumbers Examining Board. (City Attorney).
7. Approval of Sunny Dale Subdivision Plat. (Leo Butler).
8. Any items not on the agenda will be considered with the consent of the Commission.
Adjournment
Commission acting as trustees for Pension Plans.
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Agenda - Regular Meeting of City Commission
May 19, 1952 - 7:30 p.m. - City Hall
Auditorium
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March 24th, 1952
The Honorable City Commission
City of Clearwater, Florida
Gentlemen:
We, the ~learwater Resort Association, comprised of property owners and tax payers
owning and operating commercial property on Clearwater Beach and in the City of
Clearwater, hereby respectfully but most emphatically protest against the continued
abuse or our beaches and parks as a dumping ground ror refuse and trash by Sunday
visitors and Summer crowds who use these same beaches and parks for a day and leave
a disreputable litter behind them.
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CITY COMMISSION MEETING
May 19, 1952
(Continued)
We, the Resort Association as above stated, therefore wish to petition you, The
Honorable City Commission to pass an ordinance prohibiting all picn1cing on City
property on Clearwater Beach and have the Clearwater Police Department furnish
ample patrol to en~orce this ordinance.
We know from experience of last Summer tbat tourists will not continue to patronize
Clearwater and Clearwater Beach unless this unsightly and shameful condition of our
Beaches and Parks 1s corrected. Inasmuch as the only revenue we derive by reason
of our investment is rrom these same tourists renting our rooms and ~partments, we
feel this petition most right and justifiable.
Respectfully submitted,
/s/ Charles A. Kerekes
President
/s/ John W. Bates
Vice-President
/s/ Harold J. Schacht
Treasurer
/s/ Mrs. L. S. Henry
Secretary
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Honorable Mayor & Board of Oity Commissioners
City Hall
Clearwater, Florida
Honorable Mayor Brown,
The Clearwater Lions Club requests the financial assistance of the City of
Clearwater in the fertilization of Crest Lake. As you are aware the Lions Club
has been actively engaged in the Program for the children in Crest Lake Park.
The lake its self requires extensive fertilization in order to insure the con-
tinued growth for fish life in that lake. We have already fertilized the lake
on several occasions, and therefore request a contribution of $200.00 from the
City of Clearwater to assist the Lions Club in purchasing additional fertilizer
for the lake.
We wish to express our appreciation for this cooperation and the past
cooperation of your honorable board, and request your prompt attention to this
matter since it is necessary for the lake to be fertiaized as quickly as possible.
Thank you ~or your kind attention to this matter.
Very truly yours,
Is/ Thomas H. Black, Jr.
President
March 13, 1952
THB:MDB
CC: Francis Middaeton, City Manager
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City Commission
City of Clearwater
Clearwater, Florida
Gentlemen:
April 21, 1952
Re : GOLF INN
On behalf of your lessee, Mrs. Francena Tyner, we respectfully request that
the City Commiss~on give its consideration to the granting of a rive (5) year lease
upon the property now known as the Golf Inn on Clearwater Beach at the same rental
which is now being paid.
Mrs. Tyner has recently made numerous improvements to the premises, and if a
lease could be assured, she would like to make the following additional improve-
ments:
Resur~ace the runways of the golf course.
Replace timbers where needed (approximately 1000 feet of lumber ~ll
. be required).
Beautify the grounds - put a hedge along East Shore Drive down to
Causeway Boulevard, and along the front of the golf course. Set
in some plants on golf course.
Add some benches and chairs for the convenience of the public.
I intend to continue giving service to the publiC by allowing them
to use the rest rooms on the premises.
I have had the building painted and also the chairs and table on the
gol~ course.
As income permits, modernize the building subject to approval of the
City Commission.
In order to make these outlays feasible, it will be necessary for the City to
extend a lease, but we have no objection to the inclusion in such a lease of a
recapture clause, providing that the City may at its option re-take the premises
for City purposes or, in the event that a permanent building is to be erected on
said tract, the City paying the depreciated value of these improvements as o~ the
date of recapture. Should the City wish to discuss this matter further with us,
we will be very happy to meet with you at such time as you may deem propero
Very sincerely yours, "
MARSHALL & RIVES
By: Is/ Howard P. Rives
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CITY COMMISSION MEETING
IJIay 19, 1952
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IN RE:
The City Commission of the City of Clearwater,
Pinellas County, Florida.
Application of George Peck for Master Plumbers Certificate.
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Comes now the applicant, George Peck, by his undersigned attorneys, and for
grounds of appeal from the decision of the Board of Plumbing Examiners of the City
of Clearwater, would show unto this Honorable Commission the following:
1. That the examination given by said Board of Plumbing Examiners was not
conducted in the manner prescribed by Plumbing Ordinance #578 of the City of
Clearwater Florida.
2. That the practical examination given under Section 8 of Ordinance #578
as aforesaid was not sufficient to test the practical ability of a master plumber
and was given in such manner that same could not be accurately and intelligently
graded by said Board of Plumbing Examiners.
3. That the practical work completed by the applicant was not subjected to
any test to determine its quality but was arbitrarily graded by sight alone.
4. That said applicant was not informed of any time limit at the beginning
of said test and it was not until the third stage or said test that the applicant
was informed that a time limit was imposed.
5. That the manner in which the practical test was to be given was changed
at the time the test was begun, contrary to previous instructions.
6. That the Board of Plumbing Examiners as set forth by Section 5 of the
aforesaid Ordinance was illegally constituted.
7. That the decision of the Board of Examiners was not reached by the method
prescribed in Section 6 of the aforesaid Ordinance.
8. That there are no standards set up in the plumbing code to guide the
Board of Plumbing Examiners in preparing and giving the tests set forth.
9. That the answers given by the applicant in written tests were not fairly
graded and that some of the questions propounded in said test were in the nature
of catch questions which did not test the knowledge of a master plumber.
10. That the part of parts of said Ordinance #578 requiring tests to be given
to Master and Journeymen Plumbers is unconstitutional and void.
WHEREFORE, this applicant respectfully requests that this Honorable Oommission
review the findings of the Board of Plumbing Examiners, and after hearing evidence
and argument thereon and upon consideration of the racts and law, award to said
applicant a Master Plumbers Certificate.
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FINCH & MOSLEY
By /s/ Alex D. Finch
Attorneys for Applicant
I hereby certify that a copy of the foregoing appeal was served on H. G. Wingo,
City Clerk, in and for the City of Clearwater, Florida, this 9th day of May, 1952,
by personal delivery.
CC: City Attorney
/s/ Alex D. Finch
Received May 9, 1952 -- /s/ H. G. Wingo
IN THE CITY COMMISSION
OF THE CITY OF CLEARWATER,
STATE OF FLORIDA
In Re The Appeal Of
RALPH L. MOORE
Comes now the Petitioner, RALPH L. MOORE, by his undersigned attorney, and
herewith enters his appeal from the action of the Board of Plumbing Examiners of
The City of Olearwater in refusing to grant him a Master Plumber's Certificate of
Competency and respectfully represents unto this Honorable Commission as rollows:
1. That Jrour Petitioner has been a plumber since 1921, plying his trade in
the City of New York rrom such date until December, 1951. That Petitioner started
as an apprentice plumber in 1921, later, advancing to journeyman plumber and was
on November 7, 1938, issued a license as a Master Plumber by the Board of Health
of the Department of Health of the City of New York, having successfully completed
a comprehensive five (5) hour written examination and a six (6) hour practical
examination; that the original license will be introduced in evidence at the hearing
hereon. That from the 7th day of November, 1938 until December, 1951, Petitioner
operated his own business wherein he practiced his trade as a Master Plumber in the
City of New York. That from 1946 to 1951, Petitioner's business grossed on an
average of $20,000.00 per year, and Petitioner's net profit was an average of
$9,000.00 per year. That during such period, Petitioner employed at all times a
minimum of two employees, either apprentice or journeyman plumbers.
2. That throughout the years from 1921 until Petitioner moved to Florida in
late 1951, Petitioner devoted a major portion of his after working hours in study
to better prepare and qualify him to render his services as a Master Plumber.
That from 1921 to 1923, Petitioner was enrolled in evening courses requiring four
(4) hours of classroom attendance per week in Plumbing Theory and Technique at the
Bushwick Evening Trade School in Brooklyn, New York, such school beinz a part of
the New York public school system.
3. That Petitioner has also been awarded a certificate attesting to his
satisfactory completion of a course in Plumbing and Sanitation from the Delehanty
Institute in the City of New York, such course having been an evening course of
six (6) months duration and requiring classroom and laboratory attendance two (2)
nigh~s per week throughout the course, with enrollment limited to journeyman and
master plumbers.
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CITY COMMISSION MEETING
May 19, 1952
That Petitioner has taken several evening training courses and special study
courses in Plumbing and Heating at the Brooklyn Technical High School in Brooklyn,
New York, and at the Crane School, the former being a part of the New York State
Public School System and the latter a school sponsored and operated by the Crane
Company, one of the world's largest manufacturers and wholesalers of plumbing and
heating equipment and supplies. That such courses were taken during the years 1933
to 1938 and such courses required Petitioner's attendance at night school two (2)
nights to three (3) nights a week for almost the entire f1ve (5) year period.
3. Petitioner would further show that while practicing his trade as a
Master Plumber in the City of New York, he acquired extensive experience in all
phases of plumbing theory and practice, having done extensive sub-contracting work
for the Brooklyn Union Gas Company, Brooklyn, New York.
4. Petitioner would further show that licensing as a Master Plumber in the
City of New York qualifies a Plumber for the installation of all plumbing appliances
or appurtenances, gas equipment, all water supply connections and fitting, drainage
and waste outlets, installation and servicing of stand pipe fire lines and sprinkler
systems, both domestic and commercial. That Petitioner, in practicing his trade as
a Master Plumber for thirteen (13) years, had extensive experience and training in
the above and foregoing and in all phases of "lead work" in addition to his experi-
ence acquired both as an apprentice plumber and journeyman plumber in the years
prior, thereto.
5. That on or about March 1, 1952, Petitioner applied to the Board of Plumbing
Examiners of the City of Clearwater to take the examination required for all Master
Plumber applicants and paid the required fees, all in strict accordance with
Ordinance No. 578, Olearwater City Ordinances. '
6. Petitioner would further show that on April 10, 1952, he was advised by
the Secretary of the Board of Plumbing Examiners to appear at the City Garage on
Drew Street on April 19, 1952 at 1:00 P.M. to take such examination, said notice
advising him as to what materials would be required; that on the appointed date and
at the appointed time, Petitioner presented himself for his said examination. That
at no time prior or during the examination, did the Board of Plumbing Examiners
advise him as to what time limits, if any, were imposed or allowed for the practical
work, the oral examination and the written examination. Petitioner would further
show that in the administration of the practical examination, that the members of
the Plumbing Board did not observe Petitioner while he was performing his practical
work; that in order to grade properly any applicant on his practical work, his
technique and preparation should be observed thoroughly during the entire per.formance
of the practical work required. That an examination of the finished product will
not disclose whether or not proper preparation was made in the dressing and cleaning
of the pipe, the correctness of the mixture of lead and tin used, whether or not the
joint was at any time allowed to cool and hence result in the formation or layers of
lead rather than the joint being a solid mass, .and the filing and t inning of the
brass ferrule. That derective workmanship in any of the above would only be disclosed
if the finished product were given a pressure test.
7. Prior to taking said examination, Petitioner studied the Plumbing Code of
the City of Clearwater, including Sec. 20, sub-section (a) which reads as follows:
"WATER TIGHT JOINTS - all joints shall be made watertight."
8. That by letter dated April 24, 1952 and received by Petitioner April 25,
1952, Petitioner was advised by the Board of Plumbing Examiners that he had failed
his said examination. Petitioner together with his attorney met with the Plumbing
Board on Wednesday, May 7, 1952 to review his examination. Out of a possible 33 1/3%
on the written examination, Petitioner received a score of 29%; that out of a similar
possible score on the oral examination, Petitioner received a score of 23 1/3%; and
that out of a similar possible score on the practical examination, Petitioner received
a score of 17% or a total score of 69 1/3%; the passing grade being 75%.
9. That the practical work in said examination consisted of "wiping" two joints
one being a joint of lead pipe to lead pipe and the second, a joint of a lead pipe to
a brass ferrule. That the grade given Petitioner on his said practical work amounted
to a comparative grade for same of 50%. That upon reviewing his said examination
with the Board of Plumbing Examiners, the Petitioner asked the Board why his practi-
cal work had been failed. The Board pointed to a minor surface hole in one joint
and said that edges of the joint were not smooth. The small surface hole complained
of is approximately 1/64th of an inch in depth and the lead at such point is approx-
imately 3/4 inch in depth. Petitioner then asked the Board to test both joints for
water tightnes in view of Sec. 20 (a) of the Plumbing Code upon which Petitioner
had relied in completing his practical work. The Board refused to test the joints
for water tightness and conceded that the joints were water tight. Petitioner further
asked that the Board test both joints by putting them under pr.essure. The Board
refused. The Plumbing Inspector of the City of Clearwater, who is a member of the
Plumbing Board, advised your Petitioner that if the joints submitted by your
Petitioner as a part of his examination were inspected by him as a part of an actual
project under construction within the City, that such joints would be satisfactory
to him as. the Plumbing Inspector and would be approved.
10. Petitioner earnestly submits that to adopt a stricter standard as to what
constitutes satisfactory work for examinees taking the Master Plumber's examination
than the standard required by the City or Master Plumbers in actual plumbing in-
stallations being incorporated in construction work within the City is patently
unfair, unreasonable and arbitrary; that if Petitioner's practical work meets the
standards required by the City in actual plumbing installations, then Petitioner's
practical work on said examination should be given an equivalent grade or at least
75% or an actual grade of at least 25%; that if Petitioner were given, as he should
be given, an actual grade of 25% on his practical work, then his total grade would
be 77 1/3% which is a passing grade. By the admission of the Board of Plumbing
Examiners1 Petitioner's practical work meets the only requirement impDsed by the
Plumbing vode of the City of Clearwater and having met such requirements, it should
be given a passing grade, and Petitioner issued a Certificate of Competency as a
Mastet Plumber.
11. Petitioner further alleges that the said Board of Plumbing Examiners is
illegally constitutedo
(Continued next page)
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CITY COMMISSION MEETING
May 19 J 1952
WHEREFORE, Petitioner prays that in view or his practical ,work' 8ubmitt~d',:ori:~.::.:;,;:~:;,.,,;:::!::t,
said examination having met the only test imposed by the Plumbing COcl8, and' In-.>':' ':"',::~"");':'~Jt~l~~
addition having met the standards required by the City in actual plumbing,' installa';' " ..>;','3(~ff}
tions being incorporated in construction work wi thin the City that this Commission, '. q,',',:'/i~:)~
forthwith enter its order directing the Board or Plumbing Examiners to issue, ".'.'..:..;'::'f~j
Petitioner herein a Certificate or Competency as a Master Plumber upon the payment ,:" ;':~'::;~~'i'
to the Board of the sum of Five (.5.00) Dollars by Petitioner and for such other" <':'i~J;Jf
and further relief as this Commission deems meet; and just in the premises. '<.:.vS~
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.'t.
i-"
CITY COMMISSION MEETING
MaY 19, 1952
The City Cqmmission of the City of Clearwater met in regular session at City
Hall, Monday, May 19, �.95?, at �:30 R.M. with the foilow3.ng members present:
Herbert M. Brown
ti+Im. E. Crown, Jr.
Herbert M. Blanton
Jack Russell
Absent:
Garland D. Lynn
Also present were;
F. C. Middleton
G. T. McClamma
C. M. Phillips,
S. Licicton
Mayor-Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Chief of Police
Jr. City Attorney
City Engineer
The Nayor called ths meeting to order� The approval of the minutes o� the
regular meeting of May 5th and of' the special meetings of May 7th and P�ay 16th
was deferred to a future raeeting by conser_t.
The City Manager reported that he had received three bids for the construction
af the Concrete Groin-Fishing Pier at Glearwater Beach and bias were read as follows:
Burton-Walker Construction Co., Plant City �2'],500.00
W. H. Armston Co., Inc., Dunedin 2$,500.00
George E. Bunnell, Inc., Miami 31,250.00
The City Manager stated the concrete work in the pier v�as to be let on a separate
contract and there were two bids received for 535 cubic �Tards of ready-mix concrete
which were read as followsc
Pinellas Lumber Co., Clearwater �t• 1
General Ready-Mix Concrete, Clw. �$,$$1.00 �10,6y4.6.5Q
Commissioner Crown moved that the bids be accepted and referred to the City Manager
ior tabulation and report. Motion was seconded by Commissioner Russel;l and carried
unanimously,
The City Manager reported six bids received for the construction of the sani-
tary sewer in Bay Esplanade from Verbena Street north 6b0 feet. Bids were read as
follows;
Smith-Sweger Constr. Co., Clearwater �5,126.00
Laurance & Rutledge, Largo 4,5�0.10
D. W. Browning Co., Tampa & Daytona Beach �.,250.00
Paul Giuliani Co., Tarpon Springs 5,920.00
Burton-Wa�ker Constr. Co., Plant City ,7,�1�0.00
Stansfield Constr. Co., Tampa �.,1�1�0.00
Commissioner Crawn moved that the bids be accepted and referred to the City Manager
�or his recommendation. Motion was seccanded by Commissioner Russell and carried
unanimously.
Tt was reported by the City Manager that eight bids had been received for the
construction of the storm sewer in Laura Street from Myrtle Avenue to Prospect
Avenue. Bids were read as follows:
Smith-Sweger Constr. l�o., Clearwater
Laurance & Rutledge, Largo
D. W. Browning Co<, Tampa & Daytona Beach
Paul Giuliani Go., Inc,, Tarpon Springs
PT. H. Asmston Co., Dunedin
Eurton=r�alker Constr. Co., Plant City
S�ansfield Constr. Co., Tampa
Dan Gatlin, Clearwater
$z,zz3.z5
z,157.90
2,451.z5
2,11�.00
2,331.z5
2,253.25
2,122.00
2,072.25
Commissioner Russell moved that the bids be turned over to the City Manager for his
tabulation and recommendation. Motion was seconded by Commissioner Blanton and
carried unanimously.
The City Manager reported five bids received for the construction o.f the
sanitary sewer in Court Street f.rom Hillcrest Drive to Lady i�iary Drive. Bids were
read as follows:
Smith-Sweger Constx•. Co., Glearwater
Laurance 8c Rutledge, Largo
D. Pl. Browning, Tampa 8c Daytona Beach
Paul Giuliani Co., Ine., Tarpon Springs
Stansfield Constr. Co., Tampa
�6,022.10
6,055.$2
7,193.40
6,027.70
7, 6'79. 00
Commissioner Blanton moved that the bids be referred to the City Manager and the
City Engineer for tabulatian and report back to the Commission at a later date.
Motion was seconded by Commissioner Russell and c arried unanimously.
s r,.�'
_2_
QITY CONIMISSION MEETTNG
n�ay lg, i95z
Regarding the pvrchase oi a deep well turbine pumpf the City Manager reported
he had received t:�ree bids which were read as fallows:
Industrial Supply Co., Tampa
Lane Atlantic Co., Orlando
Growers Pump & Supply Co., Tampa
Oil Lubr. Water Lubr.
2,150.00 1, 50.00
1,$54.35
2, 0/�0, 20
Commissioner Blanton moved that the bids be referred to the City Manager for
tabulation and report back at the next Commission meeting. Motion was seconded
by Commissioner Russe].1 and carried unanimously.
The City Attorney read the proposed Ordinance #61� regarding the underground
storage tanks for petroleum products. Mr. S. F. Lee intr�duced Mr. Glen P. Woodward�
Execu�ive Secretary of the Florida Petroleum Industries, from Jacksonville, who
addressed the Commission on behaZf of some of the local oil dealers. He cited
several reasons why the City should not limi.t the size oi the storage tanlcs or the
number of tanks and requested that the City defer final passage of the Ordinance
until it was given further consideration. Mr. Russe�l addressed his fellow-
Commissioners stating that he thought the 1,000 ga].Ion tanks were adequate for the
average dealer and would be better from the safety angle. Commissioner Russell
moved that the City Attorney check up.on Florida law in conrection with such
matters and report. Motion was seconded by Commissioner Crown and carried unanimously.
Mr. Cyril Pogue appeared before the Commission on behalf of Mr. J. A. Taylor�
oFrner of Lot l�, , Replat of Lot 1, Block 51� and the Yacht Club Block
of Nlandalay Subdivision, reque�ting that the Citq renounce aIl claim to that part
of Kipling Plaza lying east of the east lot line of Bay Esplanade. This lot had
originally been intended as a Yacht Club �ocation but is now going to be used for
residential purposes. During the disaussion it was brought out that the City has
a storm sewer line acr�ss tne property for which the City now has no easement.
Commisszoner Blanton moved that the Commission comply nrith the request by establish-
ing the property line or street line across this property in line with east line of
Bay Esplanad� and that th�s Cit,y disclaim any interest in the property eas� of s aid
line subject to the City being granted an easement across the property from Bay
Esplanade to the Bay for purposes of maintaining a storm sevrer. Motion was seconded
by Commissioner Russell and carried. Commissioner Crovm did not vote.
The Clerk read a petition from the Clearwater Resort Association �.sking the
Commission to prohibit picnicking on property on Clearwater Beach and to have the
Police Departmen� enforce suah ruling. Mayor Brown remarked that the City had
recently paid �$0,000.-00 to purchase the 1200 foot s�Grip of land on the South beach
to be ussd foi bathing and picr_icking, Commissioner Blanton stated that the people
from a11 of Clearwater have been and will be taxed for man�� years to pay for the
Causeway to the Beach and he believed they should have the privilege of using the
park iacilities on the Beach, The Mayor comraented perhaps it was a case of improper
use of the Beach which could be handled by extra police protection and additional
sanitary disposal collections. Nir< W. E. Eigenmann, Mr. C. L. Darling and Mrs.
Wyolene Grace addressed the Commission relative to the matter,. The City Manager
reported regarding a pl.an for creating a playground for young children in the Water
Tank Park area. He st;_ted the street widening on the west side of the Park had been
completed some months ago but has not been surfz.ced. The plan would include resur-
facing tPiat area, setting the sidewalk and curb in ten feet on the nor�h and south
side of the park which would make another lane for parking, fencing the entire
remaining area except the fire station, building a sand wall between the two beach
pavilions with three openings and removing old groins on the beach, approximate
total cost �10,000.00. By consent of the Commission, Ghe matter was referred to
the City PZanager and the Chief of Police for their suggestions and an estimate of
the cost of building a separate picn�c area to be brought back t�y the City Manager.
The Clerk read a letter from the President of the Lions Club, Mr. Thomas Black,
asking the City to assi.st the Lions Club in purchasing additional fertilizer for
Crest Lake. Mr. Black addressed the Commission explaining the project which ineludes
the Childrenis Fishin� Jamboree. Commissioner Russell moved that the City designate
�200.00 for ferti2ization of Crest Lake by the Lions Club. Motion was seconded by
Commissioner Crown and carried unanimously.
A letter was read by the Clerk written by Mr. Ho�vard P. Rives, Attorney, on
behalf of rirs. Francena Tyner, reguesting that her lease for the City property upon
which she �perates the t1Go1f Inn'�, (miniature golf)�be renewed for five years at the
same renta'l, It was suggested by the Mayor and the Commission agreed that the City
Manager and the City Attorney be instructed to prepare a proposed lease ior one year
to present to the �ommission at a later meeting. •
The Mayor announced the opening of a Public Hea.ring on the construction of an
$ inch. sanitary sewer on Pierce Stree� from Hillcrest to Lady Mary Drive. The City
Engineer re�orted that some of this area was now being served by septic tanks which
were not satisfactory. He estimated total cost of the project at �3,960.00 which
would be assessed against abutting pro�erty to be served by the sewer� There being
no objections, Commissioner Crown moved that the project for construction of an$
inch sar.itary sewer in Pierce Street in accordance with the advertisement for public
hearing be approved and the proper City officials be authorized to advertise for
bids for the completion of the project. Mation was seconded by Commissioner Russell
and carried unanimously.
Attorney A. D. Finch addressed the Commission relative to the appeal of Mr.
George Peck frorn the decision of the Plumbers Examinzng Board. Mr. Finch cited in
detail the arguments in the appeal which is set forth in the iollowzng pagea of
s��
s3—
CITY COi�IISSIOh MET�TThG
May lq, 1952
these minutes and made a part thereof. He statecl that Mr. Peck had been a
licensed mastex plurnber in a town of 75,000 population for four years and requested
that Mr. Peck be granted a master plumber►s ].icens� upon payment of the proper fee.
The members of the Plumbers Examining Board were present to explain their position
in not granting a passing grade in the examination. After discussion, the members
of the Pl�zmbers �xamining Bnard agreed t� conduct a re-examination of the
applicant Saturday, May 2l�th. In response to a questi.on by the Bui].ding Inspector,
he was informed that no examination fee should �e collected for the re-examination.
Mr. Peck and his attorney, Mr. Finch, agreed to withdraw �he appeal subject to the
re-examination as agreed to by the Plumbers Examining Board.
Gommissioner Blanton moved that Item 3L on the agenda (Stevenson Creek im-
provement project east of Ft. Har-rison Avenue and north of Calumet Street) be
deierred to next Monday evening, May 26th. 2�Iotion was seconded by Commissioner
Crown and carried unanimously.
Mr. W. M. MacKenzie, Jr., addressed the Commission relative to the appeal of
Mr. Ralph L. Moore from the decision of the Plumbers Examining Board� Mr,
MacKenzie read the appeal which is set forth in the foll�Uri.ng pages of these
minutes and madP a part thereof. It was agreed by the Commission that Mr, Moore
would be permitted to talte the re�examinztion on Satu.rday if he wished to do so.
There beino no further business to come before the Board, the meeting adjourned
at 12:53 A.M.
Attest:
O'
City Auditor a Clerk
���/� ii�.•i-
. .� � .
CITY COMAiISSION P4�ETING
MaY 19, 1952
Mayor-Commissioner Herbert M. Brown
Comm�ssioners: Herbert Blanton, Sr., Garlanc3 D. Lynn
Jac�c Russell, V�. E, Grown, Jr.
Gentlemen:
May 16, 1952
The regular mceting of the City Commission will be held on Monday r_ight, May 19,
1952, at 7:30 p.m. in the City Hall Auditorium. This meeting will be held for
the purpose of discussing the items listed on the attached agenda.
FCM;s
Sincerely yours,
�s� F. C. Middleton
City Manager
Agenda - Regular Meeting of City Commission
May 19, 195z - 7:30 p.m. - City Hall
Auditorium
s�" � 7
1. Approving minutes of the regular meeting of May 5, and of the special meeting
of May 7, 1952.
2. Opening e£ Bids:
A. Construction of concrete pier at Clearwater Beacho
B, Construction of Sanitary Sew2r in Bay Esplanade.
C. Construction of Storm Sewer in Laura from Myrtle Avenue to Prospect Ave.
D� Construction of Sanitary Sewer in Court Street from Hillcrest Drive to
Lady Mary Drive.
E. Construction of Sanitary Sewer in Pierce Street from Hillcrest Drive �o
Lady Mary Drive.
Fe To purchase deep we11 Turbine Pump.
3. Commission�s consideration:
A. Request of Mre Jack Taylor in regar�ls to Lot l� of a replat oF gart of
Mandalay Subdivision (Attorney Cyril. Pogue).
B. Petition from Clearwater Resort Association wi.th reference to City Parks
on Clearwater Beach.
C. Letter from Lions Glub with reference to Crest La�ce Project. (Pres. Blaek)
D. Letter from Pdrs. Tyner with reference to property known as Golf Inn,
Glearwater Beach. (Atto.rney Howard Rives).
E. Ex enditure for widening Cleveland Street from Washington east to Madisnn.
( Gity iJi2siager ) .
F. Expenditure for widening and rernoving curve on south Diuid Road between
Lotus Path and Jeffords Street. (City Manager)
G. Gonsideration of passage on third and final reading of Crda�nance regarding
size of underground storage tanks for petroleum. (City Attorney).
H. Qonsider�ation of proposzd change in Sign Ordinance No. 59z. (city Attorney)
I. Consideratian of Ordinance regulating the rental and use of the boat slips
and docking space located across �rom the Auditorium and owned by the
Gity. (City Attorney).
J. Assessment resolution covering revised assessments for Storm Sewer,
Sanitary Sewer and paving on Court and Chestnut Street extension, between
Greenwood and Myrtle Avenue (City Attorney).
K. Contract with A,B.C. Coal and Coke Company to couer purchase of coke for
the ensuing years. (Gity Manager).
L. Stevensons Creek improvemPnt project east of Ft. Harrison Ave. and no•r�h
oi Calumet Street. (Commissioner Blanton)
M. Street Names. (Cor.unissioner Blanton).
1�. Public Hearing �vith reference to construction of an $" Sanitary Sewer on
Pierce Street from Hillcrest to Lady �Iary Drive.
5. Managerts report:
A. iVith reierence to Water Tank Park, Clearwater Beach.
B. Parking lot and City Fark project in Coachman Park.
C. Parking lot at southeast corner of Jones St. an� N. Garden Ave.
6, uommission's considerabion of appeal fx��m Mr. George Peck and Mr. Ralph L.
Moore with reference to Plumbers Examining Board. {City Attorney),
%. Approval of Sunny Dale Subdivisior. Plat. (T�eo Butler).
$. Any items not on the agenda will be considered with the consent oF th� Commission.
Adjournment
Commission acting as trustees for Pension Plans.
The Honorable City Commission
City of Clearwater, Florida
Gentlemen:
March 2�.th, 1Q52
We, the Glearwater Resort Association, comprised of property owners and tax payers
owning and operating commercial property on Clearwater Beach and in the Ci�y of
Clearwater, hereby respectfully but most emphatically protest against the continued
abuse of our beaches and parks as a dumping groun�.f'or refuse and trash by Sunday
visitors and Summer crowds who use these same beaches and parks for a day and leave
a disreputable litter behind them.
(Cont. next page)
.
..��-.-! �>
CITY COMtdTSSION MEETING
May 19, 195�
(Continued)
We, the Resort Association as above stated, therefore wish to petition you, The
Honorable City Commission to pass an �rdinance prohibiting all picnicing on City
property on Clearvrater Beach and have the Clearwater PoTice Department furnish
ample patrol to enforce this ordinance.
We know from experience of last Summer that tourists ��rill not continue to patronize
Clearvrater and Clearwater Beach unless this unsightly and shameful condition of our
Beaches and Parks is corrected. Inasmuch as the only revenus we derive by reason
of our investraent is from these same tourists renting our rooms and zpartments, we
feel th:_s petition most right and justifiable.
Respectfully submitted,
fs/ Charles A. Kerekes
President
/s/ John W. Bates
Vice-President
�s/ Harold J. Schacht
Treasurer
/s/ Mrs. L. S. Henry
Secretary
Honorable Mayor & Board of City Commissioners
City Hall
Glearwater, Florida
Honorable Mayor Brown,
March 13, 19$2
Th� Clearwater Lions Club reques•t,s the financial assistance oi' the City of
Clearwater zn the fertilization of Cresi: Lake. As you are aware the Lions Club
has been actively engaged in the Prngram for the children in Crest Lake Park.
The la.ke its self requires extensive fertilization in order to insure the con-
tinued growth for fish life in that lake. Vde have already fertilized the lake
on several occasions, and therefore request a contributian ef �200.00 from the
Gity of Clearwater to assist the Lions Club in purchasing additional fertilizer
for the lake.
We wish to express our appreciation i'or this cooperation and the past
cooper�tion of your honorable board, and request your promgt attention to this
matter since it is necessary �'or the lake to be iertilized as quickly as possible.
Thank you for your kind attentic�n to this matter.
Very trulp yours,
�s,/ Thomas H. Black, Jr,
THB:MDB President
CC: Francis Midd�leton, Gity Manager
City Commission
CitS• of Clearwater
Clearwater, Florida
Gentlemen:
Rz: GOLF INN
April 21, 1952
On behalf of your lessee, T�Irs. Francena Tyner, we respectfully requ�st that
the City Commission give its consideration to the granting of a five (5) year lease
upon the property now known as the Golf Inn on Clearwater Beach a�c the same rental
wlzich is now being paid.
Mrs. Tyner has recently madz numerous improvements to the premises, and if a
lease could be assus�ed, she w�u1d like to make the following additional improve-
ments:
l. Resurface the runways of the olf course.
2. Replace timbers where needed �approximately 1000 feet of lumber will
be required).
3. Beautify the grounds - put a hedge along East Shore Drive down to
Causeway Boulevard, and along the front of the golf course. Set
in some plants on golf ^ourse.
l�. Add some ben.ches and chairs for the convenience of the public.
�. I intend ta cont inue giving service to the public by allowing them
to use the rest rooms on the premises.
6. I have had the building painted and also the chairs and table on the
golf course.
7. As income permits, modernize the building subject �o approval of the
City Coznmissioxi.
In arder to make these outlays feasible, it will be necessary for the City to
extend a leasa, but we have no objection tq the inclusian in such a laase of a
recapture clause, providing that the City may at its option re-take the premis�s
for City purFoses, or, in the event that a permai-;ent building is to be erected on
said tra.ct, the City paying the depreciated value of these improvements as of the
date of recap�ure, Should the City wish tc discus:s this matter further with us,
we will be very happy to meei; with you at such tim�a as you may deem propero
Very si�cerely yours,
MARSHALL & RIVES
HPR.hjh By: /s/ Howard P. Rives
T0:
IN RE:
si9
CITY CON�MISSION MEFTING
May 19, 195�
The City Commission of the City of Clearwater,
Pinellas Count}r, Florida.
Application of George Peck for NIaster Plumbers Certa.iicate.
APPEA__L_
Comes now the applicant, George Peck, by his undersigned attorneys, and for
grounds of appeal from the decision o� the Board of Plumbing Examiners of the City
of Clearwater, would show unto this Honorable Commissi�n the folZowing:
1. That the examination given by said Board of Plumbing Examiners was nat
conducted in the manner prescribed by Plumbing Ordinance #57$ of the City of
Clearwater, Florida.
2. That the practical examination given under Section $ of Ordinance #57�
as aforesa�d was not sufficient to test the praetical ability of a inaster plumber
and was given in such manner that same could not be accurately and intelligently
graded by said Board of Plumbing Examiners.
3. Th�t the practical work completed by the applicant was not subjected to
any test to determine its quality but was arbitrarily graded by sight alone.
4. That said applicant was not informed of any time limit at the beginning
of said test and it was not until the third stage of said test that the applic�nt
was informed that a time limit was imposed.
�. '1`hat the manner in whicY� the practical test w�s to te given was changed
at the time the test was begun, contrary to previous instructions.
6. That the Board of Plwnbing Examiners as set forth by Section 5 of the
aforesaid Ordinance was illegally constituted.
7. That the decision of the Board of Examiners was not reached by the method
prescri�ed in Sec�ion 6 of the aforesaid Ordinance.
$. That there are no standards set up in the plumbing code to guide the
Board of Plumbing Examiners in preparing and giving the tests set forth.
g. That the answers �iven by the applicant in written tests were not fairly
graded and that some of the questiens propounded in said test were in the nature
of catch questions which did not test the knowledge of a master plumbe,:.
10. That the part of parts of said Ordinance #5?$ requiring tests to be given
to Master and Journeymen Plumbers is unconstitutional and void.
WHER�FORE, this applicant respectfully requests that this Honor�ble Commission
review the findings of the Board of Plumbing Examiners, and after hearing evidence
and argument thereon and upon consideration of tl�e facts and lavr, award to saa,d
applicant a Master Slumbers Certificate.
I hereby certify
City Clerk, in and for
by personal delivery.
CC: City Attorneq
In Re The l�ppeal Of
RALPH L. MOORE
FINCH & MOSLEY
By �s/ AlEx TJ. Finch
Attorneys for Applicant
that a copy of the foregoing appeal was served on H. G. Wingo,
tne City of Clearwater, Florida, this 9th �ay of I�Iay, 1952,
�s/ Alex D. Finch
Received May 9, 195z -- /s/ H. G. Wingo
IN THE CITY CQ�IISSION
OF THE CITY OF CLEARVJATER,
STATE OF FLORIDA
Cor�es now the Petitioner, RALPH L. MOORE, by his undersigned attorney, and
herewith enters his appeal from the action of the Board oi P1umUing Examiners of
The City of C].earwater in refusing to grant him a Master Plumberfs Certificate of
Competency and respectfully represent3 unto this Hoi_�rable Commission as followst
1. That �our Petitioner has been a plv*lber since 1923., plying his trade in
the City of New York �'rom such date until i�ecember, i95i. That Petitioner started
as an apprentice plumber in 1921, later, advancing to journeyman plumber and was
on November 7, lg3$, issued a license as a Master Plumber by the Board of Health
of the Department of Health of the City of New York, having successiully completed
a coraprehensive f'ive (5) hour written examination and a six (6) hour practical
examination; that the original license �rtill be introduced in evidence at the hearing
hereon. That from the �th day oi November, 193$ until December, 1951, Petitioner
operated his own business wherein he practiced his trade as a Master Plumber in the
City of New York. That from 191�6 to 1951, Petitionerts business gr�ssed on an
average of "�'20,000.00 per year, and Petitioner�s net profit was an average of
$�9,OOO.CO per year. That during such period, Petitioner employed at all times a
minimLun of two employzes, either apFrentice or journeyman plumbers.
Z. That throughout the years frora 1921 until Petitioner moved t� Florida in
late 1951, Petitioner devoted a major portion of his after working hours in study
to better prepare and qualify him to render his services as a Master Plumber.
That from 1921 to lgz3, Peti.tioner was enrolled in evening courses requiring four
(l�j hours of classroom attendance per week in Plumbing Theorp and Te�hnique at the
Bushwick Evening Trade School in Brooklyn, New York, such schaol bezng a part of
the New York publa.c school system.
3. That Petitioner has also been awar�ed a certificate attes�ing to his
satisfactory completion of a course in Plumbing and Sanitation from the Delehanty
Institute in the Gity of New York, such course having been a.n evening course of
siY (6) months duration and requiring classroom and laboratory a�tendance two (2)
nights per week throughout the course, with enrollment limited to journeyman and
master plumbers.
�z.�
CITX COMNiISSION MEETING
May 19, 1952
That Petibioner has taken several et•ening training courses and special study
courses in Plumbing and Heating at the Brooklyn Technical High School in Brooklyn,
New York, and at the Crane School, the former being a part of the New York State
Public School System and the latter a sci�ool spor�sored and operated by the Cr�ne
Company, �ne of the world�s largest manufacturers and wholesalex^s of plumbing and
heatin equipment and supplies. That such courses were taken during the years 1933
to 193� and such cowrses required Petitioner�s attendance at ni ht school two (2)
nights to three (3) ni�hts a week for almosy the entire f`ive (�� year period.
3. Petitioner would further show that while practicing his trade as a
Master Plumber in the City of New York, he acquired extensive experience in all
phases of plumbing theory and practice, having done extensive sub-contracting work
for the Brooklyn Union Gas Company, Brooklyn, New Yark.
�.. Petitioner would further show t;hat licensing as a Master Plumber in the
City of Neh= York qualifies a Plumber f'or the installation of all plumbing appliances
or appurtenances, gas equipment, all water supply connections and fitting, drainage
and waste outlets, installation and servicing of stand pipe fire linzs and sprink'ler
systems, both domestic and commercial. That Pe�itioner, in practicing his trade as
a Master Pluraber for bhirteen (13) years, had extensive experience and training in
the above and foregoing and in all phases of ttlead worktt in addition to his experi-
erice acquired both as an apprentice plumber and journeyman plumber in the years
prior,thereto.
5. That on or abaut ;�farch l, 1952, Petitioner applied to �he Board of Plumbing
Examiners of the City of Clearwater ta take the examina�ion required f or all Master
Plumber applicants and paid the required fees, all in strict aacordance wi�Gh
Ordinance No. �7$, C�earwater Gity Ordinances.
6. Petitioner wouZd further shozv that on April 10, 1952, he was advised by
�he Secretary of the Board of Plumbing Examiners to appear at the City Garage on
Drew Street on Apra.l 19, 19�2 at 1:00 P.M. to take such examination, said notice
advising him as to what materials would be required; that on the appointed date and
at the appointed time, Petitioner presented himself for his said examination. That
at no time prior or during the examination, did the Board of Plumbing Examiners
advise him as to what time limits, if any, were imposed or allowed ior the p•ract�cal
work, the oral exarnination and the written examination. Petitioner would further
show that in the administration of the practical examination, that the members oi'
' Plumbing Board did not observe Petitioner While he was performino his practical
wo�•k; that in order to grade propErly any applicant on his practicsl work, his
technique and preparation should be observed thoroughly during the entire pe�formance
of the practical work required. That an examination of the finished product will
not disclose whether or not proper preparation was made in the dressing and clsaning
of the pipe, the correctness of the mixture of lead and tin used, whe�her or not the
joint was at any time allowed to cool and hence result in the formation of layers of
lead rather than the joint being a solzd mass,:and the filing and t inning of the
brass x"errule, That defective workmanship in any of the above would only be disclosed
if the finished product were given a pressure test.
7. Prio� to taking said examrnation, Petitianer studied the Plumbing Code of
the City of Clearwater, including Sec, 20, sub-s2ction (a) which reads as follows:
4fWATER TIGHT JOINTS - a11 joints shall be made watertight.t�
�. That by lettesr dated Apri1 21�., 1952 and received by Petitioner Apri1 25,
195z, Petitioner was advised by the Board of Plumbing Examiners that ne had failed
his said examina�ion. Petitioner together with his attorney met with the Plumbing
Board Jn Wednesday, May 7, 1952 to review his examxnation. Out of a possible 33 1/3�
on the written examination, Petitioner received a score of 29�; that out of a similar
possible score on the oral examination, Petitioner received a soare of 23 1/3f; and
that out of a similar possible score on the practical examination, Petitioner reczived
a score of 17� or a�otal score of 69 1/3°fa; �he passing grade being '75�.
9. That the practical work in said examination consistea of "wipingTM ttvo joints
one being a joint of lead pipe to lead pipe and the second, a joint of a lead pipe to
a brass �errule. That the grade given Petitioner on his said practical work amounted
to a comparati�•e grade £or same of 50�. That unon reviewing his said examina�ion
with the Board of Plumbing Examiners, the Petitioner asked the Board whp his practi-
cal work had been failed. The Board pointed to a minor surface hole in one joint
and said that edges of the joint were not smootF^<. The small surface hole coraplained
of is approximately 1/6�.th of an inch in depth and the lead at such point is approx-
3mately 3/4 inch in depth. Petitioner then asked the Board to test both joints for
water tightnes in view o� Sec. ?_0 (a) of the Plumbing Code upon which Petitioner
had relied in compl�ting his practical work. The Board refused to test the joints
for water tightness and conceded that the joints were water tight. Petitioner further
asked that the Board test both joints by putting them under pressure. The Board
refused. The Plumbing Inspector of the City of Cl.�arwater, who is a member of the
Plumbing Board, advised your Petitioner that if the joints submitt�d by your
Petitianer as a part of his examination were inspected by him as a part of an actual
pr�ject under construction witnin the City, that such joints would be satisfactory
to him as the Plumbing Inspector and would be approved.
10. Petitioner earnestly submits that to a dopt a stricter :tandard as to what
constitutes satisfactory wc�rk for examinees taking the Master PlumberTs examination
than the standard required by tha City oi' Master Plumbprs in actual plumbing in-
stallations being incorporated in construction work within the City is patently
unfair, unreasonable anci arbitrary; that if Petitioner�s practical work meets the
standards req�aired by the City in actual plumbing installations, then Fetitioner's
practical work on said examination should be given an equivalent grade of at least
75� or an actual grade of at least ?5�; that if Petitioner were given, as he should
be given, an actual grade of 25j on his practical work, then his total grade would
be 77 1/3°J� which i.s a passing grade. By the admission of the Board of Plumbing
Examiners, Petitionerts practical wnrk meets the only requirement impt�sed by the
Plumbing Code of the City �f Clearwater and having met such requirements, it should
be given a passing grade, and Petitioner issued a Certificate of Competency as a
Mastef� Plumber,
11. Petitioner further alleges that the said Board of Ylumbing Examiners is
illegally canstituted.
(Continued next page) (C�ntinued next page)
r,
0
CITY COMMISSION MEETING
MaY 19 y �-952
WHEREFORE, Petitioner prays that in view of his practica�. work submitted on
said examination having met the or_ly test imposed by the Pliunbing Code and in
addition having met the standards required by the City in actual plumbing instal'la-
tions being incorporated in construction work within the City that this Commission
forthwith enter its order directing the Board of Plumbing Exam3ners to issu�
Petitioner herein a Certificate of Competency as a Master Plumber upon the payment
to the Board of the sum of Five (�5.00) Dollars b�r Petitioner and for such other
and further relief as this Commission deems meet and just in the premises.
/s/ V�l. M. MacKenzie, Jr.
Attorney for Petitioner
��/