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09-16-63SpMtg 365 SEPTEMBER 16, 1963 A special meeting was held in the C~uncil Chambers at 8~00 P.M., Monday, September 16th, 1963, with Mayor Walter Dietz in the Chair, City Manager. Robert J. Holland, City ~ttorney John Rosa'Adams, and Councilmen A1 C..Avery, Bmory J. Barrow, ~eorge Talbot, ~r., and Oliver W. Woodard, Jr. being present. An opening prayer was delivered by City Clerk Worthing. Mayor Dietz called the meeting to order and announced that same had been called forallowing the Community Relations Committee to meet with the Council. Mr. C. Spencer Pompey, Chairman of the Community Relations Com- mittee, addressed the Council and stated that it gives the Community Relations Committee pleasure to present to the Council a program of action to which they hope that some favorable consideration will be made. Mr. Pompey commented as follows~ "We, the members of the Com- mittee on Community Relations, ever desirous of cementing the bond of racial good will and harmony through a frank, honest and temperate analysis of existing circumstances, are indeed happy to meet with you and present to this Council matters which will, we are sure, improve and enhance the fine relations which exist here in this City between the races. DelrayBeach, thanks to the foresight of earlier Com- missions, who like yourselves, recognize the need and the existence of the Committee which is able to at least keep the avenues of communi- cation open, enjoys one of the finest climates of racial amity and good will of any city, we think, in the United States. This is due in no small measure to the fact that here exists in this town a group of kindly temperate peoplewho like to see. the town grow and improve along all lines. However, there does exist, as in other places, areas of tension, areas that need to be frankly looked into, and it is our purpose here tonight to so present. We have a planned presentation., Mr. Mayor. Perhaps it might not coincide with the Protocol whi,ch is usually observed at this time, in which at least siX members of the. Committee will present the problems that we will present. X-t is left up to the Chair to decide in what mamler this will be handled, whether or not there will be discussion between. It will be entirely within your pro~ince, however, we ce.rtainly hope that the Commission will give us the opportunity to present as objectively and as concisely as. possible our program that we would like to present.!' Ma~or Dietz asked Mr. Pompey_ if they wished to make all of their. present~tions and then have discussion or have discussion after each' presentation. Mr. Pompey said that if the choice was theirs it would be to have discussion after each presentation. Mr. P~mpey introduced the first speaker, Dr. Stiles B. Lines. Dr. Lines, Rector of St. Paul~s Episcopal Church, and a member of the Community P~lations Committee addressed the Council and said that he had been recommended as a member of said committee by the Minis- terial Association of Delray Beach. Dr. Lines made the following statements= "I have been proud to participate in the work of the Committee on Community Relations of the City of Delray Beach. In a broad sense every citizen of Delray Beach is a member of this committee, because the actions and attitudes of each citizen have much to do with our community relations. Every one of you in this place and in the City of Delray Beach has something he can and should do to make our com- munity a better one in human relations. Every one of you has a 9/16/63 366 responsibility to uphold the Constitution, with its Bill of Rights, and to cherish and work for 'the-fuifillment of our American belief in the dignity and worth of every human being. we are meeting here' today on the day after another tragedy, in Birmingham, brought on bY-the prejudice, littlenesS, and evil of men who have'been' encouraged and'egged on by'the-example and statements of those who are responsible for violence and discord of irresponsible men in government, who try to close their eyes to pressing needs in their state and communities, and play favorites when it comes to the administration of community resources and the recognition of human worth. SUrely this is another example to us all of the futility and evil of this approach and of the kind of path it is and where it leads. It can be a source of gratification to us that Delray Beach has been ahead of most communities in its progress in human relations. I believe that this committee has had much to do w~th the peaceful pro- gress which has been made, and I believe that it deserves the confi- dence of the City administration ~nd of-the community. The very existence of this committee is a hopeful thing. It' shows the wisdom of our city council in wanting our citizens to have ways of meeting together quietly for the consideration of sensitive issues, and suggesting ways to meet 'our commU~ity relations needs before they reach the stage of tension and conflict. I do not believe we should operate with the attitude of just trying to keep the lid on and wait until something happens. If we do, something is sure to happen, we can count on The business of the committee has been conducted quietly, in an atmosphere of mutual trust a~d respect, in which persons have been able to express themselves freely without distrust' and fear. This is a most im~ortant element in our work. We want to avoid the pressures of emotion in reaching judicious decisions for the good of Delray Beach& We want to be able to make suggestions and recommendations to the city administration freely, at all times, without fear of ridi- cule or political pressure. I believe that the work of the committee merits encouragement and thoughtful and respectful consideration. Much of the valuable effect of this committee has been quiet, We could easily get publicity. When there is a choice between popularity and the good of Delray Beach, we have chosen'the good of Delray 'Beach, and gone on with our work quietly without fanfair. It may be that we should arrange better ways of 'publicity for the findings of the committee. T think it would help greatly if we could speak without fear of misquotation or bias on the part of news media. If all news media would hold to the high standards of reporting which some do achieve. We do hope for the friendly and unprejudiced pre- sentation of our important work which is so vital to the pl&ce and welfare of our community. I think that this cause deserves respect and truthfulness without innuendo or suggestions. I would like to make it clear 'that the recommendations 'you are hearing tonight are the thoughtful proposals of the committee on Community Relations, and of no other group. If pressure on us were attempted by any outside group', we would resist it unflinchingly. The only motivation behind them, behind these suggestions, is our own knowledge, our own consciences, and the resources and .support we de- rive individually from our love of our country and ~ur city, our faith, and the "encouragement of our churches and our community ~which I feel are Solidly beh~n~ us. We must not delay or~ stop short of the very best for D~l'raY aeach, aO~ the field ~f :~mm~nity R~lati~ns." 9/16/63 36? Mr. Pompey introduced Mrs. Lula-BaldWin, a member Of the Com- munity Relations Committee who commented as follows: "The City of Delray Beach has a population of approximately 12,230 u~derstanding citizens,~8,863 whites .and~5,367'n~gr0es. 'Patiently has the negro waited for many things 2hatwere justly-his'as a citizen. Times are changing and some of the policies of the city change. We, the negro part of'the population,want to feel that we belong. We cad only know this by being an integral' part of-what is going on. Negro repre- sentationon Boards and Committees is very necessary in these changing times. There are few of these boards that have negroes on them. We feel that ~e have negroes who are qualified to serve on some of these Boards and committees at least, and should be given an'opPOrtunity to prove themselves." Mr. Woodard said that since some of these committees are some- what self operating, to ask 'for a recommendation of these committees as regards potential members, that they may be aware of qualified individuals and would want to make recommendations. Mr. Pompey said that he feels participation is the best way to earn responsibility, tha~ people cannot be responsible if they are not given the oppor- tunity robe responsible, and to that extent, any committee in the City which affects the welfare of the Clty wouId be the proper ones for negroes to'be represented on, but that they should pointed on any com~ittee unless they are qualified and competent; During-'lengthy comments and discussion, Mr. Avery said that the Council is both a policy making and legislative body and it would seem that the first step would be for the Council to set a policy, with dir~ction to the various committees that the Council is interested in, and thinks that it is for the good of the entire community, that these committees seek out qualified people that may be competent to serve on these committees. Mr. Leroy'Bainj a member of the Commu~'ty Relations Committee said that he thought there'should be a negro 'on.the Civi.1 Service Board. Mayo= Dietz said that he understands the object here is to, more or less, ~ee if the city of Delray Beach'can in an orderly, proper fashion develop to the point of where there is negro representa, tion on various committees. Mr. Pompey said that what the Community Relations Committee is particularly interested in is developing a policywhich would make it possible for negro representation to be put on cor~ittees, not Just simply because they are negroes, but for their service or competence and respo~sibilities and the talents they cOQld lend to committees. That they are not in favor of people being taken from committees in order that a negro may be appointed, 'but as committee members resign or for some reason there is need for an appointment, if there happens to be a negro who is .qualified and competent to serve on that com- mittee ,that he be appointed. Mayor Dietz cautioned against rushing into something, that it. must be a compatible situatioh on the pa~t£cular committee, and that this should be worked from the committee to the subject rather than from the' Council to the subject. Mr. Woodard said that he thinks the committees referred to are the regular standing committees, and asked if it would be appropriate to have the City'Managerwrite a letter to each of the standing com- mittees indicat~ng to them that the Council would like to have negroes consid~red for appointment's' to them when positions become available and the Community Relations Committee could perhaps make available to the City Manager a list of individuals who have qualifications in -3- 9/16/63 368 certain fields that would help facilitate the appointment of these committees to have new members.appointed.to them as the occasion a- rises. Mayor Dietz said that he'felt the. main thing.her~ tonight is that this particular Council is receptive to the matter of appointing negroes to perma~ent committees. Mr. Woodard moved that the City Manager send a letter to the standing committees, as were previously mentioned, ind~cating to them the fact that it is Council policy that these individuals be con- sidered wherever possible, and that the .Council would like to have their recomme~dations and their individual committee situation as to how this can best be accomplished, and that only qualified people be considered. The motion was seconded by Mr. Avery and carried un- animously. Mr. Pompey said that. th~. second problem the ~ommittee would like to present to the Council has to d~ with economics, and commented further: "Delray Beach, like other communities in this particular area,has a seasonal economy. One of:our objectives in setting %ut our program,andyou will recall from our report submitted to you January 10th of this.year, was to-try to improve.the conditions of the residents living in the Western sector. ~ careful analysis of that report, it wiI1 be recalled, suggests that.one of our problems has to do with the reducing of the high crime rate in that particular area. ~n analysis of this problem we suggest that one of the means by which this could best be approached is upgrading job opportun~ties for negroes in the community. Where you find people living:in not too fine a condition, regardless of their race, who are hardly able to make ends meet, and where job opportunities are closed .to them, they become shiftless and have no desire to actually do much because they see little hope. What we would like to do is to suggest to the City a proposal that will 'attempt to not remedy, but certainly help to rectify'this particular problem, and we suggest that a good initiating pointmight be within the City-itself. As far as I'have been able to understand, it appears that the City has a policy of employment of what is known as an hourly basis and also jobs which are not so listed, or what we call .positions. Actually, there are only seven negroes em- ployed in these jobs which have security, which have some basis of tenure.which is governed by the CivilService. That other jobs'within the City itself, a large number of which are not~-.av~ilable~ perhaps not because of any policy on the part of the City, bU~..:Just not available, and what we would like .to do is have an ex~mination.of this particular policy toward the end that people who are working in.j~bs, we know some .have been working for twenty years ,~nd could not.get any further ~han where he'isnow, and this applies~. I supp0se~ as far. as we can understand,throughout the particularcity, so that a 'gradation of these jobs so as to gi~e some incentive for those who are so employed and at least a study and analysisof this would be of some'help, we think that an approach to this might be proper." City Manager Holland explained that all employees are graded, and that the salaries are automatically increased 5% per year provided they come up to expectations on their jobs, plus the percent of the J~eased cost of living expense, further, that ~hen they reach the top o'f ~he grade they are in, they are placed in another category and move right on up. That said practice is current and is based on the merits of the employees. There was discussion as to what city emploYee~.were under the Civil Service re~ula~ions, and whether ornot the employoes:paid on an hourly basis were considered to come under the jurisdiction of this act. The City Attorney said that the Civil Service Act states ."that all persons regularly emp!~ed by.s~!d~nicipality, inany department, shall be ~bnstrued to come.withi~ ~he~provisions of this act', but ~this " -4- 9/16/63 .~69 act shall not include any officer, or personemployed for'temporary duty onlY.# Therefore, that anybody permanently employed-by the City Manager would come within the act, and the'question of whether people appointed and presently serving on an hourly basis are per- man~nt, or whether they are hired for temporary duty'only. That ap- parently the policy has been to treat those Jobs that dOn~t require e xaminations as bein~ temporary employees; and Only those Jobs re- quiring examination ~ave been considered as qualifying persons under Civil Service. It was suggested that the Civil Service Act be studied more thoroughly. Mayor' Dietz said that while the study is being made, that there should be some study made to see if it is possible for a ~an who has worked ten years to be given some sense of security. There',werecomments concerning an attempt at instituting a retire- ment program for the city employees. Mr. Woodard said that to summarize more or less what is trying to be accomplished is= 1. To provide additional job security and~ 2. Trying to provide opportunity for advancement, and suggested re- questing the'Civil Service Board to make recommendations regarding the possibility of putting permanent hourly employees on a Civil Service status with their comments in regard to how this would provide add- itional security and/or oppOrtunity for advancement. Mayor Dtetz said that he was glad Mr. Woodard had said toppor- tunity for advancementt as there are no chances to advance until there are opportunities, and the Council has frozen the number of employees that the City of' Delray Beach can have at this time, so there cannot be jobs created. Mr. Barrow said that he felt the Council was thinking along the same lines and ~it is something that should be.investigated. Mr. Talbot said that a study of the Civil Service ACt is not going to help in regard to a pension plan fo~the en~oloyees. City Manager Holland said that he believes what Mr. Pompey has in mind is a possible reclassification of what now exists. To that Mr. Pompey said "Yes, a reclassification and also the'job oppor- tunities for upgrading of jobs~hat wou~d be available to negroes as well. If there is no impedimenta which would preclude a negro from getting a job where he qualified in whatever division there became a need." City Manager Holland informed Mr. POmpey that was the practice at the present time, and Mayor Dietz Said that practically ail of the equipment operators are negroes. City Manager Holland reported that negroes had .taken the Civil Service Examination for Fireman during this month and further, that there were. negroes scheduled to take the examination the 21st of this month. Mr. woodard said that he would like to clarify things as they stand in regard to Civil Service and moved, that the Civil Service Board take under advisement the possibilities of including those em- ployees who are considered permanent employees on an hourly basis to come under the protection the C~vil Service renders an individual and that they report back to the Council any suggestions as regards how the Council might implement the discussions of tonight as regards the security and job opportunity for all city employees. The motion was seconded by Mr. Avery and carried unanimously. Mr..Pompey then commented~ "Closely connected with the pursuit of job opportunities is the preparation, or perhaps iteven precedes this, is the preparation of the cit~z~nry for this. Inca state with an economy that is vastly changing, the need of a Technical School in the South Palm Beach Area is paramount. Mr. Pompey then introduced Mrs. Margaret Walsmith, a member of the Community Relations Committee, who commented as follo.ws~ "The Community Relations Committee has previously submitted to the Delray Beach City Council what it considers to be an urgent need, a long range technical training program at'high school level. -.- 'The minority group which will be most discriminated against in the future will be composed of the uneducated and untrained rather than persons of any particular race or religion' according to Dr. wm. Haber, first chairman of the United States Department of ~abor's ad- visory Council on Employment Security. By a technical training program, we do not mean the addition at random of classrooms to existing facilities, or designating one school as a 'trade or vocational school' and then dumping all the misfits into it. The Pederal Government has recognized that automation has and will further drastically change the entire economic picture in our country. Each year machines have taken 'over simple jobs, the only jobs, formerly open to poorly educated youths. Unless we wish to. be faced with an intoierable financial burden, in welfare, public health, and law enforcement in the forseeable future, we must act today. Twenty percent of the unemployed at Present are under the age of 22 years, we must recognize that there is real dynamite in unemployed youth, we must provid~ the' kind-of education that means jobs and self respect by~ 1. A vigorous program to do something about school drop-outs. 2, A hard look at present day Palm Beach County high schools. Why are they unattractive to so many young people? Are they oriented too much toward future college students and not enough toward those with less academic ability? 3. Do we not need another school of a different type? We hear a great deal these days about 'first class citizens.' Just what is a first class citizen? The Bible teaches us that .a~l men are equal in the eyes of God. Our constitution, promises .and all true Americans must strive to guarantee equality for all citizens at the Bar of Justice~ Because, for many years the white race has en- joyed peculiar privileges in this country, now the white race faces peculiar responsibilities. One of these res~onsibilities is to spear- - head educational and cultur&l opportunities ~or all regardless of race or Creed. The responsibflf~y of the Negro is to embraoe~these oppor- tunities when presented and .m.ake of himself a first class citizen, if possible. In the past, Delray Beach has beun far sighted in many difficult racial adjustments. It is our hope.that .the~present Ci. ty Council will look into the future and lend the strength of its voice to this im- partial and constrgctive movement." Mayor D£etz said thathe certain~y wanted t9 endorse that one hundred percent and anything bY could do personally, to be of- assistance in that direction tha~ h~ ~uldbe happy to do, an~ stress- ed the importance of such a s~hool i~ ~is ar~. All Councilmen ex- pressed themselves as being infavor~£ a Technical School in South Palm Beach County, it being a separate school ~d not just additions to present schools. It was broadcaSt-that the Council, by Resolution No.-1436, passed and adopted the~-~h~ho£'~' February, 1963, urged the Palm Beach CountylBoard of Education...'~pd ~the Superintendent of Public In- -6- 9/16/63 87i st=uotion to consider steps to alleviate the ·over-taxed school fac- ilities in the greater Delray Beach'area," and ~in said Resolution stressed the needS'for a technical school ~o serve both the whi~ and negro population. FOllowing discussion, Mayor Dietz asked if the Council would em- power h~m to write a letter to the Palm .Beach County Board'of Public Instructio~ on behalf of the council' concerning this matter. Mr. woodard moved that Mayor Dietz send a letter on behalf of the ~Council to the Palm Be~¢h County ~chool ~oard reiterating Council stand .for a Technical Soho01 for South Palm Beach County. The motion was seconded by Mr. Talbot and carried unanimously. Mr. Pompey spoke again as follows= "One of the most pressing problems and one of the guarantees that all 'citizens'like to enjoy is equality ~efore and equal Prote~tion of t~e law. We feel ~hat there is an Ordinance on the books which does not provide for this~particu- 1ar thing to either citizens white or negroes, and would like to see Council take some action regarding this particular ~Ordinance." City CierkWorthing read from the Code of Ordinances, Section 17-33. Vagrants. Mrs. Virginia Meyers commented on the ordinance just read. by Worthing and' asked for the reading of Section 17134' concerning white and col0red diStr'~Cts designated togetherl wit~ restrictions governing visitation therein. The City Clerk then read Section 17-34 of the Code· of-ordinances~ Mrs. Meyers pointed out'the things that the COmmunity Relations'Com- mittee thinks are not proper in said ordinance. Mr'. Woodar~ said'~that he did not see wh~=e this objected to section serves any useful purpose nor where~%s~ltmknation would jeopar~/ze the police powers~ and' asked p~'l~ ~hief C~oft 'i~ ~he felt that the eli~in~tion of this section ~ouid jeopardize the police powers or aUth°r~ty~ Mr. Avery moved that Section 17-34 of the City of Delray Beach Code of Ordinances be.e~imina~ed, the motion'being seconded by Mr. woodard. ' Following comments by the City Attorne~'that it would'take an Ordinance to repeal Section 17-34,_Mr. Avery rephrased his motion as follows= "! move that the proper ordinance to repeal Section 17-34 be drafted by the City Attorney to present at the next meeting." The motion was seconded byMr. WOOdard. Mr. Barrow asked i£ this ordinance had beam abused by anyone. Chief Croft said this ordinance has been used against both white and colored, and that he did not think it had been abused. City Attorney Adams pointed out that said ordinance was passed and adopted in 1946, and not something that has occurred in' the last year or so. Mayor Dietz said that the ordinance was a Police OrdinanCe and before he would vote for the repeal of same he would have to be told by the Police Chief that he wanted same repealed. Chief 'Croft.paid that he did 'not want to get rid of the ordinance as it had been' very beneficialat times for the protection of both races. It was suggested that the ordinance .be amended instead of re- pealed, and Mr.. WOodard suggested a recommendation from'Police'Chief Croft concerning the ordinance. -7- 9/16/63 Mr. Avery asked if this ordinance was constitutional, and Chief ':'Cr6ft:said ~het'~he didn'tknow 'if it wae constitutional as he was not an ~ttorney, but that it had been beneficial to the Po.lice De- partmen~ in many instances, but that he had no objection to said ordi- nance being modified in part to better suit ex/sting conditions. Dr. Stiles Lines said that he finds this 'ordinance offensive as do many other residents. That it is the desire of the Community Re- lations Committee to relieve causes of tension before they arise, but have no desire to interfere with the police powers, and feels that this ordinance could be replaced with a nondiscriminatory ordinance. Mr. Woodard offered to withdraw his second to the motion that a proper Ordinance be prepared to repeal Section 17-34 in the interest of getting a recomz~endation from the Police Chief. Mr. Avery desired that his motion stand and Said that the recommendation of the Police Chief could also be considered. Mayor Dietz said that he .w?.~d ~ote against the motion in the hopes that it WOuld nut"pass a~d~nother motion wouia be made to re- fer this item to the PoIice Chief. Mr. Woodard said that he would let his second to the motion stand, because he feels the counts} ne@ds to convey a spirit.~f fair play and not of a~ arbitrary ord%~ncet~hich is on the books~ further, that he believes Chief Croft. und~..~a~ds...~, tha~. if the police, powers. are being jeopardized that he co~Id' come to the Council at the next meeting with a recommendation for any amendment to existing ordinances because the Council certainly wants adequate police protection. Mr. Woodard suggested incorporating into the motion that the Chief of Police report to the Council as soon as it is convenient with any recommendations that he would have regarding amending the existing protective police ordinances. Mr. Avery said that he would accept that amendmentto the m~tion, if it also included that the Police Chief consult with the Community Relations Committee as Council ad- visors in order that the ordinance would not be offensive to any of the population of Delray Beach. Mr. Talbot said that if the ordi- nance is offensive that it should be corrected and qualified his vote, in that he hoped the City Manager and Chief of Police would .be given an opportunity along with the legal Counsel to revise the ordinance so it would give protection over the whole town a~d yet not be offen- sive. Upon call of roll, Mr. Avery and Mr. Woodard voted in favor of the motion and Mr. Barrow, Mayor Dietz and Mr. Talbot were opposed. The motion did not carry. Mr. Talbot then moved that the matter of Section 17-34 be refer- red to the City Manager and the Police Chief for a rewording also in cooperation with the Community Relations committee ~nd Counsel, in an attempt to provide an Ordinance that is not. offensive and is mutually agreeable.. The motion wes seconded byMr. Barrow and carried unan- imously. Mr. Pompey addressed the Council again and said that the respect which this Commission has given to this Committee has been very grati- fying. He then introduced Mr. John Van Sweden, a member of said committee. Mr. Van Sweden reviewed the formation, history and activities of the Community Relations Committee which wasoriginally called the Inter-Racial Committee and continued as follows: "The then Inter-Racial Committee was inactive until 1960 when again some of us were approached by City Council to reactivate this group, though we were now fewer in number. -8- 9/16/63 "we wrote, asking the Council what areas wewere to explore and report upon. Would these areas include housing conditions, sanitation, education, economic con~itions,-etc.? We w~re told that we were on the right track.- All these facts can be gleaned from the minutes of.our organization. Our committee has been under .rather heavy attack bec~Bse our actions were not constantly released to the press, and .because of ignoranqo on the part of the public as to the true functtonsof this organization, our image.has, suffered. I may add that all our actions have been guided by Christian principles of justice for all men. Therefore, in order to avoid future misunderstanding on the part of anyone, we come-to you now'asking you to clearly defi~e the areas in whichyou wish us, as.an advisory body, to function." Mayor Dietz said that the Council should communicate with the committee setting out.their responsibilities. Mr. Avery said that as far as he was personally-concerned he was. pleasedwith the.dedication of the individual members of said committee and to its function.and contr~bution as a whole and moved that he would like to see them requested to continue to function as they have been functioning in the past. The motion was-seconded by Mr. Talbot. Mr. Van Sweden informed;,the Council that at times in.. the past the Committee had been told that some of the things they were. studying _and recommending were none-of their business~ one of said items being the beach. Also that some of .the recommenda't.ions they would like to make should be talked over with the: Council~ before they were made public. Mayor Dietz said that he .' felt a lot h~ab~en aCcomPlished to- night and that the presentation o~ the ~mm~ttee to the..Council being public for all citizens of DelrayBeach'to hear-was a big step for,- ward. Mr. Van Sweden said that at,times they, neede~ to contact the Council to be reassured that they are working in the right direction. Mayor Dietz said that, every.committee of the City of Delray Beach reports to the City Manager and that any committee that finds that it wishes some information can avail itself ofthat contact with the City Manager. Mr. Van Sweden said that what the Commun£t~ Relations Committee wanted was to be the most effective and mentioned that in the past some premature pub'~ic utterances were not beneficial, to the further- ing of the aims:of relations that were in harmony with each other. Mr. Avery said that he would like to clarify the motion that he had made and commented as follows~ "I would like 2o: clarify the mo- w tion, Mr. Mayor, that it means in any area here. the promotion of better understanding among our citizens can be accomplished and that the end result, the Rotary Club four way test, will be the result. ~Is it the truth. Is it fair to all concerned. W~11 it build good will?' Will it promote friendship and better understanding?~,,That is what I.mean. Is that specific, Mr. Van Sweden?" Mr. Van Sweden answered yes, and that if that was lived by, we would have a .fair City. Upon call of roll on the motion that the CommunityRelations ·Com- mittee function as they have in the past, the motion carried unani- mously. 37.4. Mr. Pompey addressed 'the council again, as follows: "Mr. Mayor and members of'the Council, we Wish to thank you ~for your indulgence in listening to us. We are very gratified that you 'have given us a new lease on life. We certainly hope that we will give the same dedication of purpose familiarizing and proving the conditions of amity within the community between the races. Thank you very kindly. Mayor Dietz asked.if there were any-questions .from the Community Relations-committee concerning the new West Side Recreation Center, but there were no questions. 'Mayor Diets reported that everything the original committee had planned concerning said Recreation Center had been completed on schedule. The City Clerk reported that Green & Matra, Inc., Concrete pro- cessing Contractors within the City, owners of Lots 1, 2, 3, 4 and 5, Block 4, Southridge Subdivision thrOugh the center :of which tract of land exists an. Easement 6 feet' in width. Sa'id ~.asement having never been utilized nor serving.~any purpoSe~and being originally provided at the request of the Florida Power & Light Company, together with Southern Bell Telephone Company, ~tn 1925. Green & Matra, Inc,, des~'re "to commence c~struction of a plant on this land and over this Easement and inasmuch as both Florida Power & Light Company'~and 'Southern B~ll Telephone 'Company, the only two 'interested parties have'Consented to' such abandonment it ~:s recom- mended that Resolution No. 'T4'6i, providing for abandonment ~thereof be adopted. City Clerk Worthing then read Resolution No. 1461. A RESOLUTION OF'THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FlOOR,DA, VACATING, ABANDONING., AND DISCLAIMING ANY INTEREST TO THAT CERTAIN UTILI?IES EASEMENT OVeR:THE WEST 3 FEET OF-LOTS 1, 2 AND 3 AND THE EA~ST· 3 FEET OF 'LOT'4 IN BLOCK 4, SOUTHRID~E, A SUBDIVISION IN SECTION 20, TOWN- SHIP 46 SOUTH:,:~'~:.~ANGE 43 EAST, ACCORDING TO" PLAT THEREOF .,RECORDED IN PLAT 'BOOK '13, PAGE 38, PUBLIC RECORDS OF PALM BEACH COUNTY, 'FLORIDA.' Resolution No. 1461 was unanimously passed and adopted on motion by Mr. Talbot and seconded by Mr.- Barrow. (Oop~ of ResolUtion N~. 1~61 attached. See page 376-A)' City Clerk Worthing presented the following correspondence from Architect Kenneth-JacobSon,' dated. September 16th. "Re:- Additions & Alterations - City Jail As per your request the following bids have been procured for the above project:' JamesZ. Sinks, Con,actor $ 6i 616.00 Trieste: Construction CO., Inc. 7~5.60. Norris S. Bird, Contractor- ~8,428;00 It is the opinion of this office that all of the above firms are ~.ualified for this p~oject and all buds are properly supported with a bid guarantee. TherefOre, it is recommended.-that ~he :loW bid of $6,616.00 be accepted. 'Although the drawings and specifications are comprehensive, no one can predict all of the existing condtt~ons~ and it is requested that $500.00 be allotted for a contingency ~tem; 'Also, the painting is not included in the bid price." Mr. Avery moved that the con~t be awarded to James Sinks for the sum of $6,616.00, the motion B~[ng seconded by Mr. Barrow and unanimously carried. -10- 9/16/63 Tt was suggested that the additional $500.00 mentioned as possi- bly needed for a contingency item not be allotted at this time, but at such time as there may be need for it. Mrs. Alms Woehle informed the Council that there is a "Draft ~oldwater" movement in Deirey Beach and that they are planning a Goldwater Party and would like to hold same in the Recreation Center on ~hursday, October 24th, further, that to insure an audience, for the two speakers that are planning to attend, they would like to sell at least two hundred tickets-at .50¢ each, but that anyone who wishes to come is welcome and they .hope to fill the center that night. City Manager Holland informed the Council that the Recreation Center would be available for the Goldwater Party. Permission for the use of the Recreation Center on Thursday, October 24th for the ~oldwater Party was unanimously granted by motion · of Mr. Avery and seconded by Mr. Barrow. Mr. Charles Gwynn, President of the Junior Chamber of Commerce, requested approval for the Jaycees to sponsor a circus in Delray Beach on September 30~h with shows at 4:00 and 8:00 P.M. and that the. license fee for same be waiyed. That the location selected for this circus is a C-1 zoned area in the South part of town lying between Federal Highway and Old Dixie Highway, further, that they .wouldl clean the property up satisfactorily after the circus and that the Jaycees treasury should benefit greatly as a result of this endeavor. Permission to hold said circus with the waiving of the license fee was unanimously granted the Ja~s on motion by Mr. Woodard and seconded by Mr. Talbot. .Mr. Charles Senior, Manager of the Florida Power & Light Company of .Delray Beach informed the Council that there were four lift sta- tions in connection with the Sewage Project that. the Power Company does not have three-phase service available to, and asked that the specifications be changed to single-phase so that they can be taken care of with the service that is available at. this time without further construction and expense by their company. Mayor ~tetz said that the engineers do not recommend single-Phase service to these lift stations. During lengthy discussion, Mr. Senior and the e~gineers agreed to discuss and look into this item and re- port to the Council at their next regular meeting. City Manager Holland inquired of the Council if they would con- sider the Change Order from Powe11 Brothers Construction Co. on the outfall system. Mayor Dietz said that would require further study as the savings wes much greater than was offered to the City. City Manager Holland informed the Council that he had received three bids for a fiberglass operation to waterproof the Beach Fire Station, as there had been con~inuous trouble with said building leaking. That there is $600.00 in the Fire Department budget at this time that could be used toward this expenditure if same was encumbered for that purpose, it being so moved by Mr. Woodard. The motion was seconded by Mr. Avery and carried unanimously. The meeting adjourned at ~0:2S P.M. on motion by Mr. Woodard. ...... R~. ~D~. WORT.HING City Clerk A P PROVED .- MAYOR -il- 9/16/63 RESOLUTION NO. 1~61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING, ABANDONING, AND DISCLAIMING ANY INTEREST TO THAT CERTAIN UTILITIES EASEmeNT OVER-TitEWEST 3 FEET OF LOTS l, 2 AND 3 AI'~ T~ EAST 3 FEET OF LOT 4 IN BLOCK ~, SOUTHRID~E, A SUBDIVISION IN SECTION 20, TOWN- SHIP h6 SOUTH, RANOE 43 EAST, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGE 38, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. W~tEAS, Petitioner, Green and Matra, Inc. have made application to said Council to vacate and abandon the hereinafter described utilities easement; NOW, THEREFORE, BE IT RESOLVED BY T}~ CITY COUNCIL OF TI~ CITY OF DELRAY BEACH, FLORIDA; That pursuant to Section Seven (?), Paragraph Three (3) of the Charter for the City of Delray Beach, Florida, said City does hereby vacate, abandon, and disclaim any interest to the following: That certain utilities easement extending over the West 3 feet of Lots 1, 2, and 3 and over the East 3 feet of Lot 4, all being in Block ~, SOUT]~IDGE subdivision situated in SEC. 20, TWP. 46S., RGE. ~BE, according to Plat thereof recorded in Plat Book 13, Page 38, Public Records of Palm Beach County, Florida. PASSED AND ADOPTED in S~eIaZ S~ssion this the l~h day of September, 1963, MA f"O R ATTEST: Ci6y Clerk