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06-25-56 107 JUNE 25'fid, 1956. A Regular Heeting of the City Commission of the City of Delray Beach, was held in the Commission Chambers at 7:30 P. with Mayor Yargates in the Chair, City Manager W. E. Lawson, Jr., City Attorney John H. Adams and the Following Commission Members being present; Catherine E. Strong, Emory J. Barrow and Howard Lee Cromer. An opening prayer was delivered by Rev. Hayes. Mayor Yargates announced that Commissioner Strong desired to read a statement to the public and for Press release: "I would like to issue a categoric denial of remarks at- tributed to me in a recent article in Jet Magazine. First of all, it is my opinion that ghat this is an obvi- ous propagandized piece, and its vle~point is so slanted and warped that it fails to give a clear picture of our local situ- ation. Secondly, I want to state here and now, that when the re- .porters from Jet Hagazine contacted me for an interview, I told them I was still hopeful we could work out a friendly solution here. I did not state at any time that any cross had been burned under my window. I did not make unflattering comments about my fellow Commissioners, or state of their health. Jet Magazine owes Delray Beach an apology for what is just another in a long series of sensational articles written by out- siders who do not really understand the background of Velray's problems. I want to add that while I have many times disagreed with my fellow Commissioners, I still consider them my personal friends, and I resent the slurs upon them in this magazine. I still have faith that men and women of good will in this community can find a solution to the racial problem, but it is not going to be found by headline happy reporters.~ ~S/ C~th?rine E. Stron~ Commissioner Strong moved that the Minutes of the June llth meeting be approved as written. Motion was seconded by Com- missioner Barrow and unanimously carried. Hr. H. L. Blitz appeared before the Commission in an appeal for the City Commission to request the County Commission con- sidering the offering, at public auction, the County owned land west of and adjacent to his proposed Lake Ida Shores subdivision. Hr. Blitz further stated that he was as receptive as a ~Skunk at a lawn party" with the County Commission due to previous circum- stances regarding a right-of-way, established by the County, and affecting his Lake Ida Shores subdivision. Commissioner Cromer then moved that the City Commission apply to the County Commission for transfer of this land to the City of Delray Beach or otherwise to expedite zoning of this area, that all concerned may know where we stand..Hotion was seconded by Commissioner Barrow. Upon call o~ Holl - Mayor Yargates and Commissioners Barrow and Cromer voted in favor thereof, Com- missioner Strong was opposed. Commissioner Cromer then gave the following statement in which he read: "Since this negro controversy started I have been called several things - among them - that I have tried to ram something down someone's throat. I have used my best judgement in all matters and whether all this business we read in the newspapers represents the majority opinion in Delray Beach I frankly do not know or think it does and until such time as we have before us 108 JUNE 25TH, 1956 the results of a p~oposed referendum to be held before December 15th, ! move that ~68,000o00, ea~narked for the Wests/de Swim- ming Pool, be transferred to a special trust fund and any further action be suspended until that tlmeo~ Hot/on was seconded by Commissioner Barrow° Comissioner Strong then firmly stated that three City Comntssions have promised to build the swimming Pool for the ~est sector and the Pool has nothing to do with the now proposed exclusion act. Upon call of Roll - Mayor Yargates and Commissioners Cromer and Barrow voted in favor of the Hotlon, Conmissioner Strong being opposed. Approxlnmtely 75 spectators present began booing the action taken concerning the last motion and the Following protests were made: Hr. John Thayer - wi am very sorry the Commission took a vote before hearl~ opinions from the audience. In my opinion, this money was appropriated for this cause and I see no reason why this Pool should not be built right nOWo~ Hr. A. J. ~ichael - ~Hro Barrow, did you vote for this pool originally? Hr. Cromer, did you vote for this pool Or±ginally?.' (~r. Cromer answeeed that he was not on the Commission at that time). Hr. Hlchael continuing - ~When you went out to campaign for votes you went out to promise 600 negroes recrea- tional facilities and you went out for 600 votes and now you are going back on your ~ord.~ Hayor Yargates - I have done a lot of public speaking and a Professional public speaker has five or six regular speeches he uses. I remember every word that I said. Hr. ~ichael (continuing) - I disregard what you have said. I voted for yo~ because I thought you were somebody. I thought you would keep your word. For what, tell me~ are you doing this to these people~ Hr. W. G. Campbell - It might be well to let you know how it looks to a new-comer° From the various steps taken I think it imperative that consideration must be given, I can't help but feel that if the negroes had been given a pool that the better elements among the Negroes of this community would have been able to eliminate any problems on the public beach. I don~t like to see the value of my property threatened. I don~t think all this can be a credit to this community. I have hever met Strong but I want to commend Hrs. Strong for the manner in which she has delt with this matter. I would like to see some favorable action taken by this ~ommission. Hr. J. A. ~aldwin, Jr. - I voted for all three of the Council- men and I thought I w~s voting for real men. Spencer Pompey - ~hen you came out and asked to speak to the voters I put this question to you about your consideration of this pool and it seems to me that apart from all you promised that once a Commission gives its word and ap- propriates funds for this pool they ought to live up to that. I wish I had time for fully stating our view but limiting us to two minutes does not permit my so doing. I do want to state that we wrote to the Editor off Jet Hagazine, regarding the statement Hrs. Strong referred to° As citizens of this city you are morally obligated. I do not know what we have done to warrant this type of action on the part of the Commission. Hrs. Joe ~yers - I wrote a letter to you and have since read in the press notices that ~here has been no deliberate JUNE 25TH, 1956 ~delay. Now just what is the reason - is it to save that money? What do you think is going to happen to the City? Stop and think a minute. Have you Fathers thought about the to~n? Carroll Shaw - ! think you should take a vote of the people here about this. Dave Hodgins - I have been a citizen of this to~n for the last thirty years and I am a voter out there. I voted For you Councilmen. When you promise to do a thing, I have in mind you should do it. I have asked our people not to come out to vote and allow their votes to be bought. When you give us your word we are disappointed because your word is no good. I think a man should be a man whether he be white or colored and when your word is no good we know what you are. 0zzie Youngblood - X was born here in this town. ~egard- less of the statement made I am interested in seeing that the unfavorable publicity is not carried out. We earnestly want to combat that type of thing. Whether we can carry out that type of dlcipline I do not know. I believe you have been aware by now that we are not asking For inte- gration. Many newspapers have tried to say we have, but we ~simply want.a place of our own to swan. If you have got the State Board o£ Health OK you could start. Any number of promises have been made and not kept. As it has been said by some gentleman - I agree it would be a good thing to vote on this tonight. I am a heavy tax payer. I am a citizen according to the law of citizens. Citizens should be given the same opportunities. George McKay - I might say the swimming pool ~s more or less a political issue and has been For the past 6 to 8 years and the Negro vote has gone along with those who have promised they would do everything they possibly could. We are primarily concerned about the economic welfare of Delray Beach. We have not given out any pub- licity because of the beach Factor. However, with this pool issue we feel that this would be instr~nental in helping to solve this problem. I don't recall but one man who didn't promise anything about the pool. Now we came up here in good Faith and you should likewise have the concern of Delray Beach at heart. I sincerely hope ,the Councilmen will see fit in the very nc, ar future be- cause it is a very grave thing. We don't have that in mind b~t we would like to have some place For our young- sters to swim. It is a terrible thing to fear for their lives every time they go swimming where now provided. I don't like to have to go 80 to 90 miles to swim, Lulu Baldwin - I come as one who was born here in Delray. My grandparents were some of the first citizens. It was named Linton when they came here. The colored people have asked For very little. We have ~ot some of what we asked For and some we have not. We have never, never been treated with this kind of treatment. What is the Con~lsslon's reason and ~hy are we being treated as we are treated? Just what's back of,it? Dugal Campbell - I sincerely had hoped that I would not come up here tonight and get on my Feet. It cost me a lot of money to take the position I have taken. I have been told that I am out of order a s President of a bank. That doesn't bother me a bit. I have to live with my- self and I can do so only with a clear conscience as a man. I perhaps will be told that I am a Negro lover. I am a human being and I love my Fellowman. ! came be- fore you in January representing a committee. You gentlemen have said two or three weeks ago this matter 110 JUNE 25T~, 1956 was going to the Health Department. I can't understand what has happened and I can assure you there are lots of others who want to know. It is not a question of black or white. It ts a question of right or wrong. From my opinion they should be given the pool. Mr, Pompey - i would like to hear the reason for the delay. Mr. Michael - This ts not facing the problem, It is running away from It. We learned to live with the Negroes where I came from. They aren't bad c~tizens. If treated _ fairly they make good citizens, k~ether you want to consider It or not you men are living in the twentieth century. Mro McKay - Was this exclusion request by Delray Beach people or by the Commission itself? Or was this the a an answer to what you call "demands" as sent to you? Commissioner Strong - If you gentlemen don't mind, I don't mind answering their question. This whole thing came about because of the advise of attorneys after they advised you to proceed along these lines. Mr. John Thayer - ~nat In ~he world has this to do with the exclusion act? I will tell you - not a thing. Mr. Youngblood - How can you vote and say we have appropriated a certain amount of money, then turn around and say it can't be done when you already vo~ed on It. I don't see why this vote is tn order. It has already .been settled once. Commissioner Barrow moved thatthe Plat for ~io Del t~y Shores be referred to the Planning/Zoning Board. Motion seconded by Commissioner Strong and unanimously carried. Con~issioner Cromer asked that the Planning/ Boards attention be called to the necessary 30 feet requisite from the center line of US~i. City Manager Wo E. Lawson, Jr., had recommended to the Commission the advisability developers of subdivisions post- ing a bond of sufficient amount as to insure the completion of Improvements within the S/D, and Commissioner Barrow moved that the City Manager investigate this procedure further and report back to the Commission with his recommendation. Motion was seconded by Commissioner Cromer and unanimously carried. Commissioner Barrow moved that the ,request of "Delray _ Split Rock" be referred to the Planning/Zoning Board, Motion was seconded by Commissioner Strong and unanimously carried, City Manager Lawson then read Resolution No. 1012 ~SOLUTION NO. 1012. A RESOLUTION OF THE CITY COmmISSION OF THE CI~Y OF DELiAAY BEACH, FLORIDA, HE~UlitlNG PLANS, SPLCIFICATIONS AND ESTIMATE OF COST TO CLEAR, GitADE AND PAVE THAT PART OF ANDREWS AVENUE LYING BETWEEN ATLANTIC AVENUE AND BEACH DRIVE. WHE~EA~ the City Commission of the City of Delray Beach, Florida, may deem it to be necessary for the safety and con- venience of the public to clear, g~ade and pave that part of Andrews Avenue lying between Atlantic Avenue and Beach Drive with Bituminous Concrete to a width of twenty-two (22) feet, the City of Delray Beach, Palm Beach County, Florida, to share the cost of such improvement with the owners of lands abutting thereon; JUNE 25Tli, 1956 NOW, TH~.ttEFORE, BE IT ~ESOLVED by the City Commission of the City off Delray Beach, Palm Beach County , Florida, as follow: Section 1. That the City Hanager be required to submit plans, specifications and an estimate of the cost of such im- provement to be made, and that the same shall be placed on File in the office of the City Manager. PASSED ~D ADOPTED by the City Commission of the City of Delray Beach, Florida, on this the twenty-fifth day of June, A. b., 1956. /S/ Hike Yargates Y ATTEST: /s/,R. D. City 'Clerk Commissioner Barrow moved For Resolution No. 1012 to be adopted on first and final reading. Motion was seconded by Commissioner Cromer and unanimously carried. The City ~lanager then read Resolution No. 1013. ~SOLUTION NO. 1013. A aESOLCTION OF THE CITY COMNISSION OF THE CITY OF DEI~tAY BEACh, ~]~ORIDA, ORDERING THE CLEARING, GitADING AND PAVING OF THAT PART OF ANDttEWS AVENUE LYING BETWEEN ~TLANTIC AVENUE AND BEACH DitlVE, TO A WIDTH OF TWE~TY-TW0 (22) FEET. WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on the 25th day of June, 1956, adopt Resolution No. 1012, ordering the City Manager to prepare plans, specifi- cations and estimated cost for clearing, grading and paving that part o~ Andrews Avenue lying between Atlantic Avenue and Beach ])rive to a width of twenty-two (22) feet, and requiring said plans, specifications and estimate of cost for such improvement to be placed on File in the office of the City Hanager, and WHEitEAS, the City Commission deems it to be necessary For the safety and convenience of the public to clear, grade and pace said stree t, NOW~ THEPJ~F0~, BE IT ~tESOLVED by the City Commission of the City of Delray Beach, Florida, that it is determined to make the Following described improvement, to-wit; To Clear, Grade and Pave that part of Andrews Avenue lying between Atlantic Avenue and Beach Drive to a width of twenty-two (22) feet, the total cost, as estimated, For such improvement being ~18,600.00 ~E IT FURTHER RESOLVED that the entire cost of such improve- ment shall be shared b y the City o£ Delray Beach, Florida, and the following described properties in Delray Beach, Palm Beach County, Florida, on a basis of the City of Delray Beach paying forty ~40~ per cent of the cost of said improvement, and the a- butting property owners, said properties shown below, paying sixty (60) per cent of the total cost; 1.50.63 ft. Ocean Beach Lot 16 less the W.10 & S.15' thereof, 50. do W.160 of S.100 of Lot 15 less the N.50 of W.110, 50. do N.50 of Wll0 of S.100 less W.10,Lot 15, 117 JUNE 25Tti· 1956 50.00 Ft. Ocean Beach Lot S.50 of N. 65.5 of Lot 15, 100.75 do si of Lot 14 & N.15.5 of Lot 15, 85.25 do N~ ~ of Lot 14· 85.25 do S~ of Lot 13, 112.75 do So27o5 of Lot 12; & N-~ of Lot 13· 213. do Lot 11 le.ss N.IO0; & N.142.5 of Lot 12· 100. do N. iO0' of Lot 11· 165.5 do Lot 10 less the Eo300'· 165.5 do Lot 9· 171. do Lot 8 and the So5.5' of Lot 60. do 1/.200 of No60 of S.65.5 of Lot 100. do 1/.145 of NiO0 of Lot 7· 135. Vista Del Hat S/D Lot 15· 135. do Lot 14· 110 77 Ocean Beach Lot I/.125 of Lot 4 less the N 39o19' 109.69 do 1/o125 of $.70°5 of Lot 3 and the 1/.125 of No39.19 of Lot 4· 85. do E.IO0 of the 1/.117 of No85 of Lot 141.34 Seaspray ~,states Lot 22· 140. do ~ 140. do ~ 141 o 32 do ~ 21 · 141o33 1/aterway Lane S/D Lot 140. do , 12 · 120.92 Delray Beach Esplanade S/D Lot 86.10 do " 29· 75. do ~ 28· 62 o 50 do ~ 27 · 62 o 50 dO ~ 26· 75.32 Ocean Breeze Estates Lot 75.31 do ' 30· 158.27 do ~ 40, and Lot 41· 79. do ~ 39· 79 o do ~ 38 · 100. do n 4 and No25 of Lot 100o do N.50 of Lot 2 and S.50 of Lot 114.25 do Lot 1 and So25 of Lot 200. Block 164 $.200 of N.217 less I/o170 & less N~-2 114.26 of Block 164 less 1/o170 and less No217 thereof· 173.26 $~- of Block 164 less 1/.150 and less $.150 thereof· 135. E.110 of $o150 less E.IO and So15 of Block 164· said benefits to be determined and prorated according to the front footage of the respective properties as set forth immedi- ately above. BE IT YX/t~TtiEtt t~SOLVED that said special assessments against all the parcels of lands as set forth above· which are specially benefitted· shall be and remain liens superior in dignity to all other liens· except liens for taxes· un.til paid· from the date of the assessment upon the respective lots and parcels of land assessed· and which shall bear interest at the rate of eight (8) per cent per annum· and which may be paid in three (3) equal yearly installments with accrued interest on all deferred pay- ments. Payments shall be made at the same place that taxes pay- able to the City of Delray Beach, Florida· are paid· anmely the office of the City Tax Collector· and upon failure of any property owner to pay the annual installment due· or any part thereof· or any annual interest upon deferred payments· the City of l)elray Beach may bring necessary legal proceedings by a Bill in Chan- cery to enforce payment thereof with all accrued interest· to- gether with all legal costs incurred· including a reasonable at- torneys fee. The total amount o£ any lien may be paid in full at any time with interest from the date of assessment. I I I I I I II I IT IS O~DF.~D that the City Co~mission shall sit at the City Hall in the City of Delray Beach, Florida, at 7:30 P. o~ the 9th day of July, 1956, for the purpose of hearing ob- jections, if any, on said proposed improvement, as set Forth above, BE iT FU~TH~t ~SOLVED that this Resolution be published once a week for two (2) consecutive weeks in a newspaper of local circulation. PASSED AND ADOPTED by the City Commission of the City of Delray Beach, Florida, on this the 25th day of June, A. D., 1956. /S/ Hike Yargates. _ ~TTEST: /s/.. u. c~t¥ Ct e'~k Commissioner Strong moved ~or adoption of Resolution No. -1013 on first and final reading. Hotion was seconded by siGner Barrow and unanimously car~ed. City Hanager Lawson t~n read Resolution No. 1014. ~SOLUTION NO. 1014. A RESOLUTION OF TI~ CITY CO~IS8ION OF T~ CITY OF D~'~AY BEACH, Y~O~IDA, ~QUIRING P~NS, SPEC- ~'[CATIONS ~D EST~ OF COST ~R CONSTRUCTION OF STO~ D~NS ON T~T PART OF ~~S AVE~ LYING BETON A~TIC AV~ ~D BE~CH DRIP, TOGETHER ~ITII THE INST~ATION OF CATCH BASINS ~D ~N-HO~S IN CONJUNCTION ~ITH ~CH STO~ D~INS. BE IT ~SOLV~ by the City Co~ission of the C~ty of Delray Beach, Florida, as follows: 1. That the City H~ager shall sec~e plus, specifications · and estimate of cost for ~e construction of Storm Drains on that part off Andrews Avenue lying between Atlantic Avenue and Beach ~ve, together wi~ the installation of necessary Catch Basins and H~-Holes in conjunction wl~ such S~ Drains to drain an area to be dete~ned as the Drain Field Area ~d lying vithin that section of land ~unded by: Atlantic Avenue on the Sou~, Ocean Bouleva~ on ~e East, Seas~ray Avenue on ~e North, Intracoatal ~aterway on the Vest. 2. That ~ch plans, specifications ~d estimate of cost shall be placed on file in the office of ~e City Hanager, the City Hall. PASSED AN~ ~OPTE~ t~s twenty-f~ (25th) day of June, A, D,, 1956. Hike Yargates /s'/ 'HAYOR ...... ATTEST: /s/R. D. Cl%y c~er~ 114 JUNE 25TH, 1956 Commissioner Barrow moved for adoption of Resolution No. 1014 on first and final reading. Motion was seconded by Com- missioner Cromer and unanimously carried. The City Manager then read the following actions taken on matters previously referred to the Planning Board. 1.Request of "Glenn-Moore & Hertz" concerning "Lake Shore Estates" S/D, which was tabled pending a meeting of said group with the City Comission to be held next Monday in the City Hall at 9:00 A. M. 2. Request of Hay Blakely to move a building on to parts of Lots 3 and 4, Block 35, was approved subject to construction addition to conform with building requirements in that area. Commissioner Barrow moved for acceptance of the ~lanning Board's recommendation and approval of Mr. Blakely's request. Motion was seconded by Commissioner Cromer and unani- mously carried. 3.Request of James Webb to construct CBS Residence in the SW2 of Lot 10, Sec. 17-46-.43, approved by Planning BOard subject to obtaining 25 ft. R/W,. and also to 30 ft. set-back from West Line of said 25 ft. Commissioner Strong then moved for granting Mr. Webb's as recommended by the Planning Board and subject to the ~oard's conditional approval. Motion was seconded by Commissioner Cromer and unanimously carried. 4. City Manager Lawson then read the Planning Board's recom- mendation that the request of J. T. Deese, concerning Lot 29, Block 7, of 0sceola Park, be denied. Conunlssioner Barrow then moved for acceptance of the Planning Board's reco~m_endation in denying this request. Motion was seconded by Commissioner Cromer and unanimously carried. 5. The City Manager then read the recommendation of the Plan- ning Board concerning the request of Mrs. Margaret l/alsmith wherein she requested permission to move the C. Y. Byrd house onto the E 100 feet of the West 217 feet of Lot 3 (North Ocean Beach .Lots), the Board recommending the request be granted subject to providing a 22' Commissioner Barrow moved that ~his item be tabled until the next regular meeting of the Commission at which time the BUilding Inspector shall submit a report as to objections, if any, from adjoining property owners, relative to posslble location of the Byrd house on the above identified parcel of land. Motion was seconded by Commissioner Cromer and unani- mously carried. 6. Commissioner Barrow moved to accept the recommendation of the Planning Board and grant permission and approval for removal of the frame residence immediately south of the Beach Shack to Lot 15, Lincoln Park S/D. Motion was seconded by Commissioner Cromer and unanimously ca~ried. Commissioner Strong moved that Bills in the sum of 218,702.96 be paid subject to the approval of the Finance Committee. Motion was seconded by Cou~nissioner Barrow and unanimous ly carried. Commissioner Barrow then moved that the request of Hrs. Buckingham, for deviation, be referred to the Planning/ Zoning Board for study and recommendation. Mot/on was seconded by Commissioner Strong and unanimously carried. The City Manager then read a letter from Rep. Rogers regarding the re-organization of the F. E. C. Blt Company. The City Mamger informed the Comnlssion that the County Registration would be handled in the City tt'~ll~ Registration JU'N~ 251]:1 · 1956 Department· as requested by Hrs. Woehle, to the best of our ability. Commissioner Cromer moved that the City Hanager be in- structed to provide air conditioning for the Commission Chambers. ~otion w~s seconded by Commissioner Stron~ and unanimously carried Commissioner Strong stated that in view of the fact that the County will soon begin construction of 5th and 6th Ave- nues in Delray Beach, the City should request being informed, by the State Koad Board of agreed upon completion dates. Commissioner Cromer moved that before contracts are let for the construction of 5th and 6th Avenues, a completion date be set for the work. Hotion was seconded by Commissioner Strong and unanimously carried, Commissioner Strong inqmtred as to whether or not any word had come from the County relative to the Boynton - Del- ray Beach - Gulf Stream request concerning County owned lands in the Lake Ida section. The Commissioner stated that she Felt the group should plan another meeting ~ith the County Con~ission on this matter to avoid the possibility of this issue becoming 10st or for- gotten. Commissioner Strong requested that funds be included in the forth-coming Budget for repair of alleys in the downtown area and was informed by the City Hanager that he has taken the necessary steps in this regard in the preliminary prepa- ration of his Budget Request. Heeting adjourned. /S/ R. D. ~orthln~ ' City Clerk Approved: PlAY 0 i~ 116