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12-28-59 DECEMBER 28TH, 19§9~ A Regular Meeting of the City Council was held in the Council Chambers at I:00 P.M., withMayor George Talbot Jr., in the Chair, City. Manager W. E. Lawson ~r., City Attorney Harry T. Newett and Com- missioners Charles H. Harblson, Fred B. McNeece and George V. Warren beingpresente An opening prayer was delivered by Reverend Glen A. Eargrave. The Council, by general consent, approved the Ninutes for the Council Meeting of December 21, 1959. Having been requested by the City Council, in regular session on December 21st, 1989, to make certain investigations of items contain- ed in Resolutions No's. 1211 and 1212, the City Manager submitted re- sults of his thorough investigation of each item: 1. City Manager Lawson submitted "before" and "after" photographs sh°wingac°mditi°n~d of the lots, owned by Mr. Paul D. Sahler, and .w~.ich ~ots been assessed for a lot clearing project done by the City, ~n accordance wSth'Chapter 15 of the City Code of Ordinances, and in. the amount of $60.47 for abating the alleged nuisance on Lots 11, 12, 35 and 38 in DelrayManor; and in the amount of $74.93 for a- bating similar alleged nuisances on Lots 57 and 58 in Delray Manor. The C~uncil, on motion of Commissioner Harbison and seconded by Commissioner Warren, following a study of the photographs referred to. hereinabove, unanimously agreed that the assessments, mentioned above, were just and proper, and should remain in effect as they appear in Resolution No. 1211. 2. With reference to a complaint received from N,~ry Love Foster, concerning an assessment for lot clearing done by-the City, and a clearing job done by ? local lot clearing serviceman, the City Man- ager informed the Council that after allowing more than the required delays for voluntary lot clearing and abatement of alleged nuisances, the City entered upon the grom?ds and mowed the grass and weeds but was unable to remove the undesirable trees. A local lot clearing ser- viceman had been given an order to clear the groumls of said alleged nuisances and when he found time to do the work, noted that the city or someone.had cleared the undergrowth and therefore he only cleared the objectxonable trees and charged accordingly. On motion of Commissioner McNeece and seconded by Commissioner Harbison, the Council unanimously a~reed that the.assessment against Lot 12 and the North 28 ft of Lot 13~ Block 109, ~n the amount of $~1.92 for 91earing done by ~he City, remain as ~t appears in Resolu- tion 1211, ~nasmuch as the CltyManager'~ investigation of all the facts relating thereto disclosed that neither the city work nor the contractor's work overlapped each other and that both charges appear- ed to be in order. 3. City Manager Lawso~ referred to the Public Hearing of Resolution No. 1212, held on December 21st, and the request of the Counczl that investigations be made concerning the complaints of - (a) Mr. Brenner, on behalf of Mrs. Thomas, owner of Lot 4, Block $, Rio Del Roy Shores, felt that sufficient clearing had been done. A re-survey by the Fire Department and City Clerk found the lot to have been satisfactorily cleared of the undergrowth and Violation 4, of Chapter 15 of the City Code of Ordinances. (b) Mr. Whitley had previously requested delay in requiring abate- DECE~ER 28th, 19~9. 304 ment of alleged nuisance on Lot 2 in Seaspray Estates, the owner, Mrs. Jeanette Resor, being in California at present. The City Manager's investigation disclosed that grass and weeds on this parcel of land are in violation of the ordinance. (C) Mr. John Mitchell coom~.lained about any existing violation on Lots 1 and 2, Block 2, and Lots 1 and 2 in Block $; and Lot $ in Block 4, all in RIO DEL.REY SHORE~, further stating t~at one of the Lots was not owned by h~m. The Clty Manager's investigation hereof disclosed t~at these lots are in violation of Chapter 18 of.the City Code of Ordinances and, further, the records of the Tax Office indi- cate Mr. Mitchell being the owner of all lots referred to herein and contained in Resolution No. 1212. The Council, on motion of Commissioner McNeece and seconded by Commissioner Harbison,.u~animously agreed that Lot A, Block 8,.Rio Del Ray Shgr~s - Item (a) herei~ - be deleted fro~Resglution ~.1~.12; that Item (b) and Item (c) remain as they appear ~n sa~d Resolution No. 1212, and be subject to the.compliance therewith, as a result of the City Manager's investigations. City Manager Lawson then read the following request from First Church of Christ, ScientiSt, dated December 12th, 1959: "This Church ~ould like permission t? place two directional signs directing the public to our church, one s~gn would be placed at the corner of Atlantic Avenue and S. E. 7th Avenue, and one on the South Federal at Second Street. The sizes of the signs are 8" x 36" and the other 24" x 48". These ~igns will be neat in appearance and we wOuld indeed ap- preciate it if we could place them in the specified locations." /S/ FLORENCE F. CRAMP Sec'y. On motion of Commissioner Harbison and seconded by Commissioner Warren, the Council unanimously approved granting the request of the First Church of Christ, Scientist, for erection of two signs provided that construction meets requirements of the sign ordinance and that t~ey are so located as not to be an obstruction to pedestrian or ve- hxcular traffic. The City Nanager then read the following request from the Delray Beach Police BenevOlent Association, dated December 23rd, 1989: "I am writing in behalf of the Delray Beach Police Benevolent As- sociation. Our' organization is interested in sponsoring the Christiani Brothers Circus ~n Delray Beach on February 9, 1980. This well known circus will p~ovide an enjoyable day of entertainment for the citizens o~ th? community and comes h~$~ly recommend?d b~ t~e Shrine Organiza- tion ~nV~est Palm Beachwho w~ll be sponsoring ~t nu that city for the fourth straight year. By the terms of the agreement we shall be responsible for the securing of the lot, water and payment of any license fee required. We feel that the vacant property north of the fire station would be an ideal location e~silyaccessible by the community. We weuld, therefore, like to request your permission for us to sponsor this circus and use the above mentioned lot. It is our in- tention to properly police the area and restore the field to its orig- inal condition. We would also greatly appreciate ~our waiving the re- quired l~cense fee as you have done so gratiously ~n the past. Thanking you in advance for your Eind consideration, we remain /S/ DON C. MICHAEL Pres. Commissioner~Varren questioned the extent, if any, of the City's 2 DECEMBER 28th, 19%9. 305 liability with regard to the use of the city owned lands for circus amusements, following general discussion ~f which, Commissioner McNeece moved that the Delray Beach Polie~?Benevolent. Association be ranted permission to sponsor the Chri~mni Brothers Circus presen- ation on February 9th, 1959, and to. ~the vacant city owned land just north of the central fire stat£om;fOr such amusement. Motion was seconded by Commissioner. Har$~en and upon Call of Roll - ~ommis- sioners McNeece and Harbison, ~ether with .Mayor Talbot, vote~ 'in favor thereof, Commissioner Wa~n~ abstainf~l. Motion~ c.a~rried'[ . See amendment to above motion att~ached to -~ page ox' ~nese mmnu~es. City Manager Lawson then read - ORD~ NO, G-34~% AN ORDINANCE OF THE CITY COUNCIL OF ~)~CITY OF DELRAY BEACH, FLORIDA~-b~EZO~ING AEB P~L~-ING CER- TAIN LANDS IN PORTION ~ SOUTHWEST QUSRTER OF SECTION 4, T(~/~NSHIP 46 ~UTH, RANGE ~! EAST, IN "C-i" DISTRICT, AND A~DING "ZONING ~P OF DEL- RAY BEACH, FLORIDA, 1986". BE IT ORDAINED BY THE CITY COUNCIL ~ THE CITY OF DELRAY BEACH, FLOR IDA: Section 1. That the following.described property in the City of Delray Beach, Florida, is hereby rezoned and placed in "C-I", Limited Commercial District, as defined by Chapter 2~ of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: Commence at t.he S.W. Corner of Sec. 4, T~p. 46S., Rge. ASE, Palm Beach County, Florida; thence E'ly .along the South line of said Sec. 4 a distance of 631.11 feet to a poxnt of intersection with the W'ly P~V line of Seacrest B.lvd; thence N'ly along the W'ly R/W line of said Seacrest Blvd., a d~stance of 687.43 feet to the P.O.B., thence N'ly along the W'ly R/W line of Seacrest Blvd., a distance of 171.8 feet more or less to point of intersection with a W'ly exten- sion of the north line of the South Quarter of the N.E.Quarter of the S.W.Quarter o~ the S.W. Quarter of said Section 4; thence Easterly at an an$1e of 8~ 40' as measured from South to East from the pre- ceding l~ne, al. ong said W'ly Extension of, and along, said North line of the South 1/4 of the N.E.Quarter of the S.W.Quarter of the S.W. Quarter of Sec. 4-46-43 to the N.E. Oorner of the West half of the South Quarter of the N.E.Quarter of the S.W. Quart~r of the S.W.Quar- ter of said Sec. 4; thence S'ly at an angle of 90~ 20' as measured from West to SoUth, from the preceding line, to the Southeast Corner of said West half of the South Quarter of the Northeast Quarter of the .S.W. Quarter of the S.W.Quarter of Sec. 4-46-43; thence W'ly along the South line of the West half of the S. 1/4 of the N.E. 1/4 of the S.W. 1/4 of the S.W. 1/4 of Sec. 4, and westerly extension thereof to the point of beginning. Section 2. That the Building Inspector of said City shall, · upon the effective d.ate of this Ordinance, change the 'jZon~ng Map of Delray Beach, Florxda, 1956", to conform to the provisions of Section 1 hereo~. PA_SSED in regular session on second and final reading, on this twenty eighth day of December, /S/ GEORGE TALBOT JR., .... ~"A ~ O2 ' ' The Council, on motion of Cmmmissioner McNeece and seconded by Commissioner Harbison, unanimously approved PASSAGE and ADOPTION OF Ordinance No. G-340, as read. The City Manager then submitted and read the following Resolu- tion which provides for vacating and abandoning the South 66.6 feet m/1 of Palm Avenue: 306 DECEMBER 28th, 1959. RESOLUTION NO. 1214: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABAND- ONING THE SOUTH 66.6 FEET, MORE OR LESS, OF PALM AVENUE IN SAID CITY, AS SHO~ UPON PlAT OF OCEAN PARK RECORDED IN PlAT BOOK $, PAGE 15, PUB$IC RECORDS OF PALM BEACH COUNTY, FLORIDA. WHEREAS, FIRST PRESBYTERIAN CHURCH OF DELRAY BEACH has petition- ed the City C.ouncil of the City of Delray Beach, FlOrida, to consid- er and determine whether the City w. ould va.cate, abandon: discontinue and close, and renounce and disclaim any right of the City and pub- lic in and to the lands which are hereinafter described; and ~HEREAS, said petition was referred to the Zoning and Planning Board of Delray Beach for public hearing, which was held November 2?th, 1959 by said Board; and ~HEREAS, at said meeting of the Zoning and Pi.arming Board, .no objection was presented to the vacating or 'abandoning of the.sa~d road or alley or to such renouncement and disclaimer, and sa~d Board having determined that such action would not materially interfere with the City road s.ystem and would not deprive any person of a reasonable means of ~ngress or egress to his premises from at least one regular city street, and recommended the vacating or abandoning of said road or alley; and WHEREAS, the City Council in regular session this date, has considered.the foregoing petition, the f~ndings and recommendations of the Zomng and Planning Board aforesaid, and deem it to be to the best interests and growth of the City to cause that part of said road or alley to be abandoned. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: 1. That the South 66.6 feet, more or less, of that certain road or alley in the City of Delray Beach, Florida, known as Palm Avenue, according to the Plat of Ocean Park recorded in Plat Book §, page 18, of the.public records of Palm Beach County, Florida, more particularly described as follows, to-wit: Commencing at the S.E,Corner of Lot 12, Block A, OCEAN PARK, accordin~ to the plat thereof recorded in Plat. Book $, page 15, public records of Palm Beach County, Flormda; then run north 66.6 feet, more or less' alon.g the Westerly right-of- way of Palm Avenue as shown upon sa~d plat of OCEAN PARK to the N.E. Corner of Lot 11, Block A, OCF~N PARK aforesaid; then run East 20 feet, more or less, to the N.E.Corner of Lot 14, Block $, OCEAN PARK aforesaid; then run South 68.6 feet, moreor .less, along the E'ly R/W of Palm Avenue, as shown upon sa~d-plat of OCEAN PARK to the S.W. Corner of Lot 15, Block 3, OCEAN PARK aforesaid; then run West to the point of beginning; be and the same is hereby vacated, abandoned and closed as a public road or alley, and.this Council does hereby renounce and disclaim any right of the C~ty of Delray Beach and the public in and to the above described portion of said Palm Avenue. PASSED AND ADOPTED in regular session this twenty-eighth day of December, 1959. /S/ GEORGE TALBOT,. JR. .... ]~ A"Y"O'R - ' On motion of Commissi.oner Warren and seconded by Commissioner · Harbison, the Council unanimously approved ADOPTION of Res.No. 12lA. ~ A DECEMBER 28th, 19%9. 307 CitxManager £~wson submitted th~ following 'Reports' from the Planning~Zoning Beard: 1. "At its regular meeting on Nov. 27th, 1@$9, the Planning and Zoning Board considered the request fro~ ~. Neil E. MacMillan regardingthe abandonm?t of the south 68.~et of Palm Avenue in favor of the Presbyterian Church. ~' At the present time this easement separates a portion of the church property facing Gleason Street and the main church property between Palm Trail and Brons~ Street. The Board unanimously voted that the request to abandon this section of Palm Ave. be granted. The Board ~elt that this would uni- fy the church proper~y and yet impose no h~ship on other abutting properties all of which have direct access to regular streets. Fur- ther an alley in this 66.6 feet would'serve no useful purpose." /S/ PAUL S. KNOWLES Ch'm'n. 2. "At its regular m?ting on Dec. lSth, 1959, the Planning~Zoning Board held a hearing for and considered the request submitted by Mr. A. G. Pruyser Jr., to rezone Lots 97, 98, 99, 100 and 101, in PLUMOSA PARK from R-1AA to R-2. These lots lie on the west side of N.E. 3rd Avenue and contiguous to and extending south from the Plu- mosa School play area. .. The Board could find no justification to extend the R-2 to the west side of N.E. 3rd Avenue. It was felt that the injection of five duplexes in a good residential zone would tend to harm the character of the zone. The Board unanimously voted that the request be denied~ . Five persons were notified to appear at the hearing. No one ap- peared except the owner who favored the change." /S/ PAUL S. KN0~LES Ch'm'n. On motion of Co~issioner McNeece and seconded by Commissioner Harbison, the Council unanimously agreed that the request for re- zoning of Lots 97, 98, 99, 100 and 101 in Plumosa Park be denied, as recommended by the Planning/Zoning Board. $. "At its regular meeting on Dec. 18th, 1989, the Planning/Zoning Board held hearingson the following requests for zoning changes: (a) Request from Charles Byron to rezone Lots 22, 23 and 24 in Block 73, Delray Beach, from R-2 to C-2. (b) Request from Jesse F. Link to rezone Lots $ and 6, Block 1, Osceola Park, from R-iA to C-2. The second request is in an area which is currently in the hands of Mr. George Simons Jr., to be treated on an area w~de basis. The - Board, therefore, respectfully requests that this ~equest be ta~led until receipt of Mr. Simons r~pOrt and recommendations are received. The first request falls in a similar category since certain lands along N.E. 2nd Avenue are also under scrutiny by Mr. Simons. These considerations, as well as Mr. Byrons above request, make it most important that N.E. 4th Street be considered as a whole now from Federal Highway west to Swinton Avenue in order to decide not only the zoning but the right-of-way provisions to protect what is cer- tainly destined to be amain East-~est traffic artery. W e respectfully request that this request be tabled until Mr. Simons can give us his recommendations on this important area." /S/ PAUL S. KI~O~'~LES Ch'm'n. The Council, on motion of Commissioner Harbison and seconded by Commissioner McNeece, unanimously agreed on sustaining the recommend- 308 DECEMBER 28th, 1959. ations of the Zoning Board and denial of the zoning cha~ge requests contained in paragraphs (a) and (b) of Item S on preceding page hereof. A. "At its regular meeting on Dec. 18th, 1959, the Planning/Zoning Board held a hearing for and considered the request for a zoning change submittsd byMr. John M. Duane Jr., to rezone Lots 1 thru 11 in Block 1, Palaclno Park, from R-1 to R-$. This property lies on the East side of S.W. 18th Avenue between S.W. Srd and 2nd Streets. The Board felt that injecting this small strip zone would be det- rimental to the area and therefore voted that this request be denied at this time. It is probable that this area will be considered in the over-all area considerations also, despite which, at this time the Board recom- mends denial of the request." /S/ PAUL S. KNOWLES Ch'm'n. On motion of Commissioner ~arren and seconded by Commissioner McN~ece, the Council unanimously, agreed on denial of request for re- zoning Lots 1 thru 11 in Block 1, Palacino Park, as recommended by the Planning/Zoning Board. Se "At its regular meeting on Dec. 18th, 1989, t~e Planning/Zoning Board considered a request for deviation submitted by Mr. C. H. Dodson pertaining to Lots B, C, D and E in Block 2, Delray Beach. These lots lie along N.W. ?th Avenue between N.~. 2nd and Srd Streets. These lots are in an R-iA zone which require a 80 foot frontage and a minimum area of 8000 zquare feet. Two lots each are owned by Mr. Dodson's daughters, each of which parcels are 10O foot frontage and 158 feet deep after taking off 20 feet for the R/~V on ?th Avenue. His request is for permission to build two single family dwellings on each parcel which would mean 80 foot frontage for each of the four lots. Since a $0 foot frontage ~ould give considerably in Lot area than is required in R-IA, and zu view of the character of the surround- ing properties the Board voted unanimously that this request.be srant- ed. The character of the houses planned would be a substantmal ~m- provement to the area and the reduced frontage should in no wise have an adverse affect on the area. The Board recommends that the City Council consider Mr. Dodson's letter dated Dec. lath, 1989, as well as the map attached since the Board feels strongly that the proper City officials should immediately take steps to clear up the fu~l R/W along ?th Avenue and adjust the present shell rock street to ~ts proper O/L along ?th Avenue." /S/ PAUL S. KNOV~ES Ch'm'n. The Council, onmotion of Commissioner Harbison and seconded by Commissioner NcNeece, unanimously approved granting the request of Mr. ~odson and permission for construction of single family dwellings on fxfty-foot frontage lots prowded from Lots B, C, D and E, in Block~ ~ and referred to inthe preceding 'Report' from the Planning Board. On motion of Commissioner NcNeece and seconded by Commissioner Warren, the Council requested the City Nanager to take necessary steps to acquire proper right-of-way for, and establish correct loca- tion of, that part of N.~. ?th Avenue lying between N.~. 2nd and Streets. 8. "Since the latter part of October Mr. Milton J. Boone has been in contact with me on a strictly informal basis regarding his desire to purchase some five acres of land on the U~est side of Swinton Avenue, south of 10th Street,-to relocate his present nursery located on city property on S.~. Ath Street. The new property is adjacent to and south of Mr. J. W. Nowlin's residence. The general area is cur- rently R-IA. DFC~MBER 2$th, 1959. 309 This general area is being considered on an area wide basis, nu- merous hearings on which were heard early last spring. We discussed this matter with Mr. Simons on his last visit. He statsd tha~ nurs?y o~erations of similar character were frequently permitted in resxdentlal zones on a permissive use basis. In view of the overwhelming amount of commercial land in Delray for its area it does not at this moment appear feasible to consider rezoning this South West section into more commercial despite the. County industrial zoned land adjacent to it. Mr. Simons, however, should have this in his report next month. At its regular meeting on Dec. 18th, 1959, the Board voted that ., we ask you to consider this matter on a permissive use basis and should you agree with this premise that you return it to us on this basis to hold the necessary and proper hearings on this matter." /S/ PAUL S. KNOWLES Ch'm'n. The Council, on motion of Commissioner V~arren and seconded by Commissioner Harbison, unanimously agreed that this matter be referred ~o the Planning an~ Zoning Board who shall provide for a Public Hear- lng, concerning the desire ofMr. Boone, on a Permissive Use Basis. ?. "At its regular meeting on Dec. 18th, 1959, the Planning/Zoning Board voted unanimously to offer recommendations to the City Council regarding certain changes in Ordinance No. G-SOO which es- sentially adds an extra ten foot setback on Sth and 8th Avenues under the new construction program.. The Boar~ feels that section two of this ordinance is too re- strictive ~n nature to provide a pleasing and attractive approach thru the Cxty of Delray Beach on both Avenues. The Board would like to recommend that marques or canopies be permitted not to extend beyond ~this ten foot setback. The minimum height of such canopies above sidewalk o~ grade should be not less than nine feet. Canopies can be attractive.and should provide shade for store and shop windows since these streets are due North and South and hence in sun glare a .good portion of each day. The Board feels that signs which are attached to the flat side  of the building or painted or attached to the canopy should be per- mitted. The Board feels that the content of Section 2 should be main- ' tained as far as sign posts, merchandise or permanent structures, ex- tending over this ten foot strip are concerned. These we would like to see barred completely. To keep these ten foot strips devoid of landscaping completely which G-300 now provides would create an uninteresting picture and perhaps defeat the purpose of attempting to beautify these areas. We should like to recommend that in the first five feet away from the street in this strip that shrubbery be permitted not to exceed three feet in height and that the five feet directly in front of such buildings be permitted to have shrubs or trees of any size or height which would not constitute an under or Side hazard to proper vision from sidewalks or alleys or streets feeding onto the main thorofares. The Board feels that the present sign ordinance could also be reviewed in face of these recommendations to eliminate many of the very objectionable features which seem bound to appear under an ordi- nance as broad in scope as the present one is." /S/ PAUL S. KN~¥LES Ch'm'n. ' On motion of Commissioner~Tarren and seconded by Commissioner · Harbison that this matter be table~ for review of the entire Ordi- · nance G-SOO, along with the recommendations of the Planning Board - Call of Roll resulted in Commissioners I~arren, Harbison and McNeece voting in favor thereof, Mayor Talbot being opposed. Motion carried. 310 DECEM~ER 28th, 19~9. CityManager Lawson then read the following letter, dated Dec. 2Srd, 1959, concerning the proposed R/~ for future West Atlantic Ave: "Following the authorizations which the City Council.m~.de on DeC. 21st, 1959, wi~h reference to a proposed R/W onWest Atlantic Ave., I immediately contacted Elliott Gross & Associates, Delray Beach, to have them prepare a redraft of the proposed R/W containing all the recommendations and changes suggested by Mr. Middleton, County Engr. I obtained this redraft from Elliott Gross on Dec. 22nd. On Dec. 2Srd, I saw Mr. Carleton of S.R.D. and outlined to him in detail all the various steps which we had gone thru to bring us up to the submission of this final route for his approval. This final north route he enthusiastically accepted in full. He suggested that Elliott Gross contact him before proceeding with the survey so that he may help him to have the fina~ surveys in final acceptable shape for all parties concerned. He said he would have his department check the surveys completely so that they would be in correct and accurate form for recording State and County use, etc. To conform to State requirements in the survey would appear in no wise to affect the cost of the survey. The completion of the survey, checking by S.R.D., your final ap- proval, p~oper recording, etc., would complete all of the preliminary work required. The completed material would then be ready for Mr. Middleton, County Engineer, and finally the County Commission." W. E. LAWSON JR City Ngr. The City Manager informed the Council that he and Mr. Knowles had talked over, this day, the possibility of conducting a public hearing for property owners to be affected, and those of the immediate area, to be heard, such meeting to be prior to further completion of a final survey. The Council, on motion of Commissioner Warren and seconded by Commissioner McNeece, unanimously agreed that the City Manager be quested to investigate and report to the Councilwhich governmental ~le conducting such Public Hearing, obtaining the body is responsi~ for necessary rights of-way nad providing for the completion of a final survey. On motion of Commissioner McNeece and seconded by Commissioner Harbison, the Couacil approved Bills for payment, as presented by the City.Manager and shown below, subject to the approval-of the Finance Commxttee: General Fund $ 17,720.42 Water Fund - 0per. Fund 346.05 Payroll Accoun%s 3,810.44 The Council, on motion of Commissioner Warren and seconded by Cgmmissiqner Narb~son, unanimously approved issuance of a.Beer & ~ine hcense (consumption on the premises) to Albert P. Green ~n connection with the operation of "Green's Inn" at 27 N.W. 5th Avenue. City Att'y. Newett informed the 9ouncil that he has bee~ advised by Att'y? C. Robert Burns that a 'Not,ce of Appeal', concerning the case of City of Delray Beach v. Town of Ocean Ridge, was filed on Dec. 2S, 1959, which, under provisions of the State Statutes, stays the ex- ecution of the summary final decree. Copy of said 'Notice of Appeal', together with Att'y. Burns notification of filing is on file wit~ the official Minutes of this meeting. MEETING ADJOURNED @.2:$O P.M. .~ ....... .. R. D. WORTHING APPROVED: ~ A~ENDMENT to MINUTES of DECEMBER 28TH MEETING. Amending the Motion contained in 1st Paragraph on Page 8 of the Minutes for the Co~mcil Meeting held December 28th, to read as follows: "Commissioner McNeece moved that the Delra~ Beach Police Benevolent Association be granted permission to · sponsor the Christiani Brothers Circus presentation on February 9th, 1960, and to use the vacant city owned land just north of the central fire station for such amusement, subject t? a satisfac~omy lease being ef- fected between the City and the Police Benevolent As- sociation, at which time it is to be determined that the City is properly protected. Motion seconded by Commissioner Harbison and upon Call of Roll - Commis- sioners McNeece and Harbison, together with M~yor Talbot, voted in favor'thereof, CommissionerWarren abstaining. Motion carried." R. D. WORTHING ' ci'ty ~ierk P.S. Kindly be advised there need be no further con- cern or consideration of the issue referred to herein-' above inasmuch as the entire matter has been abandoned. R.D.W.