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10-28-47 Regular meeting of the City Council of the City of Delray Beach was held the Council Chambers at 7:30 P. M. with Mayor M. M. DeWttt in the Chair, and City Manager H. P. Edmond, City Attorney J. W. Ncwlin, and the follce~lug Oouncilmea present: B. ¢. Butler, F. B. McNeece, J. B. Smith, and C. J. White, a quor~ be~ present. The mt~utes c~ the Council meeting held October 14th were presented and approved as written. City Manager Edmond presented a plat of a Resubdivtsion of Ida Lake Terrace, being developed by Wm. P. and Mabel M. Carpenter, extending from N. W. 2nd to 4th Avenues, and between llth and 12th Streets, for the approval of the Council. Mr. Edmond stated that the Plat had been approved by the Planning Board, and that all street requirements were being cc~lied with. Upon motion of Cc~mcilman MeNeeee, seconded by COUncilman Butler, unanimously carried, the plat was accepted. A letter fr~n Mrs. Eleanor N. Gringle, as Chairman of the Publicity Ccmm~ittee of Gulfstream Hospital Association, Inc., asking the assistance of the Ci~ty Council in publicizing the Membership Drive of the Association, was read as fo~_lm~s: "October 25th, 1947 Mr. Marshall M. DeWitt, Mayor City Hall Delray Beach, Florida Dear Mr. DeWitt.- The Gulfstream Hospital Association, Inc., has recently been imcorporated a~ a non-profit corporation for the purpose of erecting a hospital to serve the c~m- munities of Lantana~ Hypoluxo, Boynton Beach, Delray Beach, Bcea Raton, Deerfteld Beach, Manala~, Ocean Ridge and Gulf Stream. This orgination was formed through the efforts of representatives of the various civic groups in these towns. It is proposed to erect a thirty to forty bed hospital. The necessary funds are to be raised by subscriptions obtained through a building drive which will be held at a later date. The site for the hospital has not as yet been selected. The initial drive for members in the Association will open on November 10th and will end on November 29th, 1947, and will be made by a house-to-house canvass. The fee will be $1.O0 for either an active or associate membership. Eae~ active mem- Ber will be entitled to vote for members of the Beard of Directors of the Associa- tion, but will not be obligated in any manner to make a financial contribution to the organization. The lrdrpose of the membership drive is to obtain a large mem- bership in the Association so that there will be stimulated a great interest in this vital program, and the revenue derived therefrom will be used to meet the necessary promotional expenses. Would you kindly make an a~nou~e~t at the next Council meeting of the dates of our membership drive, and do all within your pc~er to assure a successful mem- bership campaign in your e~ity? This matter is one which will benefit ever~ person in the above mentioned area and we therefore seek their ,,~nimous support. 287 OCTOBER 28TH, 1947 Thank you for your cooperation. Very truly yours, 5UL~STREA~ HOSPITAL ASSOCIATION, INC. By (Signed) Eleanor N. Griugle Chairma~ of Publicity ENG:n " The Council pledged to give whatever assistance it could to publicize the Membership Drive to be held frc~ November 10th through Nc,m~nber 29th. A letter from Mr. Robert F. lawrence of Boca Raton, former Greeaskeeper at the Municipal Golf Course, with reference to the construction of ~-e addi- tional holes at the Golf Course was read, as follows: # October 23, 1947 Mr. H. P. Edmond, City Manager, Delray Beach, Florida Dear Mr. Edmond: Your letter of October 21st received and I note that m~ services with your golf club are to terminate October 31, 1947. ! w~ld like this letter to be on record with your City in case the City contemplates an additional nine holes a~y time in the future. I would like to be considered for the designing and general supervision of the construc- tion. If you think this work ~ight start next spring I shall be pleased to draw up a plan during the _eca~ng winter and consult with you and other City officials in order to obtain the best layout possible. It has been a pleasure to work with you and for the City of Delray Beach during the past su~er. We allkn~, that we have had the worst weather pos- sible for golf course maintenance and i~provement due to continual rains since about the first of June. If I can be of a~y further assistance to you do not hesitate to call on me as I shall be only too willing to assist in a~y possible manner. Very truly yours, (Signed)a. F. Iawreace R. F. ~awrence RFL:ehu The Clerk was instructed to advise Mr. lawrence that his letter would be kept on file until the City was ready to go ahead with the project. 288 A letter frc~ the Jr. Chamber of C~rce of West pA1, Beach vas read, re- questing the City Council to pass a Resolutiou u~gl~ the We,t 1~ Beach ChAm_~er of Commerce to go on record as de,~ding a Federal appropriation in an amount suf- ficient to give proper water control of the Everglades, frc~ the Kissimmee Swamp to the southern end of the mainland of Florida, for the purpose of protecting and preserving the natural assets of the Everglades. The following Resolution was then presented, and same was read in fu2.l~ ~ESOL~TION NO. 636 A ~ESOLUrION CF THE CITY COUNCIL CF THE CITY CF DELRAY BEACH, FI~IDA, APPR~ING THE RESOLUTION CF THE JUNIOR CHAMBER CF CC~ERCE CF WEST PA~ BEACH, FLORIDA, IN REGARD TO WATER CONTROL IN TBE EVERGLADES. ~EREAS, the Junior Ch~_=ber of Commerce of West Palm Beach, Florida, has adopted a resolution dew~n~-g a Federal appropriation in an amount sufficient to give proper water control of theEverglades frc~ the Xiss~ S~amp to the southern end of the mainland of Florida, and WHEREAS, the City Council of the City of Delray Beach, Florida, desires to endorse such resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of De,ray Beach, Florida, that we hereby endorse and ratify that certain resolu- tion of the Junior Chamber of C~=..erce of West Palm Beach, Florida, in re- gar~ to water control as above set forth and that we specifically request our representatives in congress to use their best efforte in securing such appre~riatien in earryi~__g out such a water control program. BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Junior Chamber of C~erce of West Palm Beach, Florida. DATED this the 28th day of October, 1947. (Si~ned) M. M. DeWit% President, City Council Approved: (Si~ned) M. M. DeWi%t ~ayor Attest~ (Si~ned) Ruth R. Smith City Clerk SEAL t A motiou was made by Couacilw~ Butler, seconded by Councilman HcNeeee, that the foregoing Resoltutiou No. 636 be passed and adopted as read, and upon call of roll the motion carried unanimously. OCTOBER 28T~, 19A7 The follcving letter from Smith and Gillespie, Engineers, was read in full.. "~TH and GIT.TRSP/E ENGI~W~S P. O. Box 1048 Jacksonville, 1, Florida October 23, 19&7 Mr. H. P. E~ Delr~y Be&ch, Fla. Subject: Ssa~ull and Storm Damage Dear Sir~ For the present at least, the high tides and northeasters have let u~, we have several months ia which a repetition of the disaster we have Just pessed through might occur. There is little we can do now of a permanent nature; tem- porary repairs to save property the next few months are going on along the coast. The value of property exposed %0 sea runs into multiplied millions. It is this property that mast be saved. It is the object cf this letter %o suggest that we all work together toward some overall plan to dc this very thing ia a perma- nent ~almer e To say that this does not constitute a national probl~n is Just as falla- cious as to say that the O~eechobee dykes, the Mississippi and other flood trol projects are not national problems. One of our clients has three and one half million dollars of residential property now about to be destroyed with one million dollars of ~__,~ge already done on a beach line of one mile. The only way the whole thing can be forcibly brought up as a problem ia which the Government should aid in building proper beach protection is to make a com- bined effort from Charleston t~ the southern tip of Florida. The commanities should consolidate their losses and make an estimate of what costs will be involved in providing an adequate and per~-ent protection. The affected areas should form some sort of conte~t with each other so that a concerted effort could be made by all the states concerned. Each state should have its representatives in Congress so informed as to the nature of the losses and what will be required to provide adequate protection, that the entire Con- gress will be informed of the immensity of the project and the Government's duty ia aiding the area affected. In order to promote this plan we, as engineers who already have several clients of this nature, are willing, with your permission, to visit your area and make a casual estimate of the damage already sustained and that which is imminent unless protective measures are taken. We will give you a report, written in the form of a letter, with probably a few sketches to illustrate what we are setting out, in which we will discuss your problems and tell you in a tentative way the costs of permanent relief. ~hile ~ engineers are on the site they will, of course, be pleased to talk with you/ox your officials con- cerning the temporary means of repair to the existing walls and m~e suggestions. We offer to do this as a measure of help~n~ our friends and c~ents the beaches at no cost to th~ thereby putting into their hands information and data that will give them figures upon which to formulate plans for a course of ac- tion and that will be useful if a concerted effort is made to get Governmental aid of any sort. Preliminary plans for organizing this effort should be started at once, either by City Governments, County Boards of Chambers of Commerce. We are not tying any strings to this offer for we know if matters develop o~o~ point of action upon your part ad we have made a favorable impression upon , we will not lose in this friendly gesture during a common disaster. We will be glad to hear from you and if we can aid you in any way, please call upon us. Very cordially yours, SMITH AND GIT.T.~PZE Signed W. Austin Smith W. Austin Smith WAS/f" The Council felt that this was a fine gesture on the part of Messrs Smith and Gillespie and upon motion of Counc~l-~n Smith, seconded by Councilman McNeece, City Manager Edmond was instructed to advise them that the City Council apprecia- ted their offer and would be grateful to them if they would ~e such a survey. Several letters from property owners on Ocean Boulevard who would be affec- ted by the tentative plan for rebuilding the ocean road and sidewalks, which had been filed, were presented and read as folly: "October 22, 1947 Mr. H. P. Edmond City Manager Delray Beach Dear Sir: Thank you for the letter of October 18th acquainting me with the'City Council's plan for reconstruction of the Ocean Boulevard. ! have observed the damage caused by the hurricane and appreciate the nec- essity of reconstructing the boulevard. Since the beach is the most valued a~set of the City it is to the best interest of all citizens of Delray Beach that the boulevard be made as attractive as possible. The plan advanced By the Council is a step forward in making the beach and boulevard more attractive provided the parking of automobiles is prohibited. I strongly object to a~ plan which obstructs a view of the ocean and beach by parked cars. OCTOBER 28TN, 1947 YOU will recall that Mayor DeWitt declared that he believed the boulevard would be more attractive if free of parking. The Mayor has excellent cc~ in this opinion. I refer to an acknowledged authority on beach planning- Robert Mases of the New York Parks Department. You are probably acquainted with some of his accomplishments: the most famous of which is Jones Beach. ~ones Beach is a public enterprise built solely for the General Public. He and other experts decided that it served the public best to require oars to park where they would not spoil the view of the Beach Parkway. I believe that if the Delray City 0ouncil follows the ow- ~mple of the New York Parks Department in this example of allowing no Ocean Boulevard .~rking~ the General Public will appreciate the improvement as do visitors to sew York's famous beaches. The new-Gleason Street will facilitate more parked cars than the South Ocean Bou.Ylevard formally did. The City owned property north of the Seacrest will accommodate accor~~ to your estimate eighty (80) cars. This parking space should accommodate cars formerly parked on the North Ocean Boulevard. If the visitor to the beach is interested in a more attractive beach he will be glad to walk a couple hundred feet to make it so, and to allow others to enjoy the view as well. Sincerely yours, (Signed) Edw. P. Scherer "De .lray. Beach, Fla. 10/25Y47 C. Y. Byrd, Attorney Delray Beach, Fla. Dear Sir: This is your authority to act in mY behalf concerning the establishment of the East Line of the ocean property as established by recent Brockway survey. I am agreeable to this line on the lot at 20 North Ocean Blvd. and also m~ lot to the North Lot 11 (unnumbered but which eau be identified by City and County records) providing the City abandons all elatm~ t5 the West of this line both lots and at 20 North Ocean provide 15 foot entrance for driveway at Southside of property. Will you kindly b~_~le the above in our behalf. The 20 North Ocean lot is in Mrs. Talbot's name. The N~rth lot is in m~ name. Sincerely yours, Signed George W. Talbot,Sr. P.S. Since Ocean Read is a State Highway request that abandonment of property be by City, County and State. " OCTOBER 28TH, 1947 "October 28, 1947 Hr. H. P. Edmond City Manager City of Delray Beach Delray Beach, Florida Dear Hr. Edmond: I have read very ear.fully your registered letter of October 18, 1947· After much deliberation ! wish to state that unless the City, County and State establish the Brockway Survey Line as the legal west line of Ocean Boulevard and the legal east line of the abutting property owners I shall have to object vigorously to the request made in your letter~ ! hope that an a~ieable settlement of the establishment of the legal line can be made between the City, County, State and abutting property · o3~'D, ers· Very truly yours (Signed) Derothea E. Galvia DEG:h~ "THE SEAGRAPE~ October 20th 1947 City of Delray Beach Delray Beach, Florida Attention: Hr. H. P. Edmond, City Manager Dear Mr. Edmonds By this letter I wish to enter formal protest agatust the proposed removal or relocation of the present sidewalk and curb along the weat side ef South Ocean Boulevard. Incidentally, I think your "Master Plan" is immature, unstudied, and devoid of long-range perception. Retreating into property owners' front yards is a solution ONLY until the next big one hits us.' The first thing to do is to stop this coast-wise erosion. With a realistic engineering approach it can be done. And with that accomplished FIRST, you can build up all the beach and all the boulevard you need out of the bordering shallows ~f the ocean itself. Very sincerely yours, (~igned) Lowell Christman e OOTOBER 28?~, 1947 A letter from Attorney C. Y. Byrd, with reference to the contemplated i~- provements to the Ocean Boulevard, was then read as follows.' ~October 22, 1947 Rt. H. P. Edmond, City Manager elray Beach lorida RE: Ocean Boulevard ~npro~ementa Dear Mr. Edmond: Your letter addressed to me as one of the owners of beach proper~y within the East ~ of Section 16-46-43 Fronting East on Ocean Boulevard received. ! want to commend you, the Delray Beach Realty Board and the City officials for the splendid over-all far-sighted and long range plan for the development of the Ocean Boulevard and the mile of public beach. There are several matters brought out in your letter which should he given careful consideration, (a) The question of the removal of walls, sidewalks, shrubbery and per- ~ent buildings now located along or, East of West right-of-~a~ line of Ocean Boulevard as surveyed and staked out by George S. Brockway, Surveyor, and adopted by the City by resolution on January 27, 1941, should be worked out by negotia- tion and c~promise with the owners of said improvements. Ail of the now exist- ing improvements along, or East of said line were placed there under City building permits or with consent of the City officials, and at the cost of the o~ners. Some of the i~provements were constructed by the owners at substan- tial costs, prior to the time the lands upon which the same are located, were taken into present City limits. The Seacrest Hotel was constructed with a To~n building permit and under a definite understanding and agreement with the town officials of the to~n of Delray Beach, There was definite knowledge the part of the town officials and the county officials as to the locatic~ of the Seacrest Hotel, its walls and sidewalks. A surveyed plat and sketch filed with said officials and a building permit was is~aed by said officials for the construction of the hotel. I doubt that the present City officials could require ~the removal of any of the permanent improvements connected with the Seacrest Hotel without first condemning the same. Other improvements such as walls, sidewalks, driveways and the like were constructed under City permits and should not be removed until after permission has been obtained from the owner, or said improvements condemned and paid for by the City. (b) The question as to several subdivision plats which were approved and filed prior to the tt~e that the subdivisions were taken into the present City, should also be given careful consideration. There is a legal question as to the re-platting of a portion of the old ocean road by the abutting prep- erty owners where said plats were approved by the Board of County Comm~ssieners and in sc~e instances said plats were approved by the old town of Delray Beach and the present City of Delray Beach. Your City attorney should give this ~atter careful consideration as there are several Florida Supreme Court cases to the effect that such re-platting of lands the acceptance of such plata by the public and the governing bodies, is tantamount to the abandonment of that portion of old dedicated streets and reads, which are included in the boun- daries of said plats. 294 The la~ of Florida. as interpreted by the Supreme Co.r%. have held that the owner of lands along dedicated roads or streets own the fee title te the center of said streets, and when said streets have been abandoned either by re-platting or otherwise, the owner of the abutting property ta~es title in fee simple to the center of said streets. The further fact that the old town of Delray Beach a~d the present City of Delray Beach have for more th~m 20 years assessed and collected taxes against the improvements and the lots of the said subdivision as platted, is also a legal ~atter which may estopp the City frc~ cla~m~g any rights West of the East lines of said platted lots, without first condeaming the property and the improvements and paying a fair a~d Just value for the same. (I am mainly referring to the old plat of Ocean Park which was filed for record prior to the taking of said lands into the old town of Delray Beach or present City of Delray Beach.) (c) Mr. Brockway in his report to the City advised.' "WHEREAS, the said Registered Surveyor, after diligent search of the public records and of existing survey monuments, reports that from the data and ~-Formation available, it is impossible to accurately and definitely re- locate, in its original location, the said west right-of-way line of the said Ocean Boulevard in said Fractional Section 16." With such a statement fr~n the City Engineer, it would be most difficult to uphold the Brockway survey in court. I have had ~y beach property surveyed three times by three separate registered engineers and each engineer has placed m~ East line at a different point. ~y present wall and sidewalk is located along a line set by W. E. Hankins, Registered Surveyor and Engineer. For the above reasons ! am firmly of the opinic~ that the City should avoid litigation amd enter into negotiations and compre~ises with the owners for the removal of walls and improvements where possible. Ij would appreciate it if you would, at your convenience, allow ~e to discuss with you the removal of mY sidewalk and ~all from its present location to the new proposed location of the West line of Ocean Boulevard, as is suggested in your letter of October 18. ! want to offer you and the City officials m~ full cooperation and I am sure you and m~self can work out a satisfactory solution to m~ problem. Yours very truly, The Clerk was instructed to acknowledge all letters, and advise the property o~ners that their complaints were being taken under advisement, and that a series of bearings would be held in the near future to try and work out some solutica which would be fair both to the property owners, and to the City. o~r~ 28TH, 19~7 · l~tte~ frem L. F. Reynolds, outlt~n~ a ~o~ ~ spm~ the D.D.T. ~ ai~, ~d ~ti~ ~e ~ the ~~ ~s ~ ~nt the sp~d of ~sease~ ~s ~d ~d ~. R~olds ~s ~fe~d to ~e C~, ~ ~ a~ res~ sible for ~is ~. I~ a ~ti~ ~de ~ C~ci~ ~tler, seceded ~ C~ci~n ~i~, .~ ~ried, bi~ ~ ~~ $ 8,~.52 ~ ~ ~d, ~bJect to ~e a~ ~ of ~e F~ce C~it~e. A Res~l~ion ~e~ ~e e~s~cti~ of S~eet ~~nt work ~ GI~s~ S~eet ~om I~ S~et to S~son S~eet, ~s ~esen~d ~ ~e City Atto~ ~SO~I~ NO. 6~ A ~OL~I~ ~ T~ CI~ O~CIL ~ ~ CI~ ~ DE~Y B~, ~~, ~ C~UCTI~ ~ ~TA~ S~ ~~~ W~ ~ G~ S~ ~ IN~- ~S, ~e City C~cil of the City of De~y B~ch, Fi~, ~d ~ ~y of Sept~r, 1947, ado~ a resoluti~ ~e~g ~ City ~~ ~e~e p~s ~ s~c~i~ti~s for ~r~ s~eet ~~ent, ~d ~d ~o ado~ a ~solution ~ the ~ ~y of Sept~r, 1947, ac~~ p~s, ~d est~ of cost ~ereof to ~ fil~ ~ ~e office of ~e Ci~ Cl~k ~d a ~o~ ~e~of to ~ fil~ ~ ~e o~iee of the City ~neer ~d kept o~n f~ ~s~oticn ~ the ~b~e. N~, ~~, ~ IT ~~ ~ the Oi~ C~cil of the City of D~ Beach, ~ida, t~t it ~s de~~ to ~ke the fo~~ des~i~d ~~ ment ~ich the City de~ to be ne~s~ for +~e s~e~ ~ c~~ of the ~b~c, G~g ~d ~ Gl~s~ S~eet ~ In~m S~eet to Sch~s~ ~ a ~d~ ~ ~~ feet~ ~e to~l est~d cost of ~ich ~~nt is_$ 3.578.~. ~ IT ~~ ~OL~ ~t ~e entre c~t ~ su~ ~pr~nt sh~ assessed a~st ~ lots and ~ adjacent ~d e~t~nt or ~~ a~tt~ ~ such ~~ent ~ ~tion to the ~nefits to ~ deriv~ t~ ~, ~id ~nefits ~ be de~ed ~d ~~d ~co~ng to ~e foot of ~e ~s~eti~ ~o~ties s~e~ ~nefit~d ~ ~id ~pr~ment. BE ~ ~~ ~~ ~at ~id s~c~l asses~ts a~st the lots ~ s~e~l~ ~nefitted ~ adjacent a~ cont~ent ~ ~~ ~ abutt~ u~ such ~pr~ent s~ ~ ~ r~ ~ens s~ricr ~ ~ty ~ all ot~r ~ens, ~eept ~s f~ ~es, ~til ~id, ~ t~ date of ~e ~ses~nt the ~s~ctive lots ~d ~rcels of ~ aesessed ~d which s~ ~ at the ~te of 8 ~rcent ~r a~ a~ which ~y ~ ~d ~ ~n ~ ~ly ~s~nts ~ acc~ ~terest ~ ~1 defe~ed ~ents. Paint s~l ~de at ~e ~e p~ce ~at ~es ~ble to the City ~ De~ ~, FI~i~ ~e ~id; ~ly, at ~e office of ~e Oi~ ~ Collate, ~ up~ ~e fa~ of ~ ~o~y ~er ~ ~ ~y ~1 ~s~nt ~, ~ ~ ~ th~of, ~ ~ ~1 ~terest u~ deleted ~ts, the City of De~ B~ ~ OCTOBE~ 28T~, 19~7 bring necessary legal proceedings by a Bill in Chancery to en£orce pay- ment thereof with all accrued interest, together with all legal costs incurred, including a reasonable attorney's fee. The total~unt of any lien may be paid in full at any time with interest from the date of assessment. ~T IS ~RED that the foregoing resolution be published two times in the Delray Beach,N~s, f~.~:~aewspaper published in the City of Delray Beach, ADOPTED by the City Council of the City of Delray .Beach, Florida, on this the 28th day of October A.D. 1947. (Si~ned) M. M. DeWitt President, citY Council APPROVED: (Si~ne~). M, M. DeWitt Attest~ ($.iemed) Ruth R. Smith Cit~ Clerk e A Notice to the Public, calling hearing for obJecticms to the foregoing Street improvement work, hearing to Be held at 7~30 P.M, Novem- ber 25, 1947, was then ~rd'~.e~e~ 'f ~ ~'.": to be published in three issues of the local newspaper. The petitions ef seven candidates for the Primary Election to be held November lSth, 1947, were referred to the City Attorney for veri- fication of their qualifications, and the following Proclamation of the Mayor call .i~g said Primary Election was ordered published in the local newspaper in the issues of October 31st, November 7th and November 14th. WH~S, the Charter of the City of Delray Beach, Florida, pro- rides for a C~neral Electic~ to be held for the purpose of electing three City Councilmen, and WHEREAS, by said Charter it is provided that such Election shall be held on Tuesday, December 2nd, A.D., 1947, between the hours of sun- rise and sunset, in the Arcade Building, 413 East Atlantic Avenue, in the City of Delray Beach, Florida. NO~, .THEREFORE, I. M. M. DeWitt, as May~r of ~the City of Delray Beach, Florida, do. hereby call for such election to be held on Tuesday, December 2nd, A. D. , 1947, between the hours of sunrise and sunset, at the Arcade Building} 413 East Atlantic Avenue, in the City of Delray Beach, Florida. l/¸ 297 OCTOBER 28TH, 1947 Ail qualified electors of the City of Delray Beach, Florida, shall be qualified to vote in said election. Dated at Delray Beach, Florida, on this the 26th day of November, A.D.~ 1947. M. M. DeWitt Mayor Oity of Delray Beach, Florida" With reference to the request of property owners on N. E. 2nd Avenue, for a storm sewer to drain water which stands in this Street after a heavy rain, Mayor DeWitt stated that Smith & Gillespie, Engineers, would be asked to make a survey and estimate of cost of this work when they are here the next time. Mr. Fr~-k G. Hanna, Tra~-m~ster for the Florida East Coast Railway, ad- dressed the Council, having Been requested to be present at this meeting to explain why the railroad gates at the Atlantic Avenue crossing of the tracks were being operated automatically, the Council having been assured, before the installation of the gates, By officials of the Railroad that a watchman would be kept at this crossing to operate the gates manually during the daylight hours. Mr. Hanna explained that the traffic protection at this crossing had cost about $ 20,000.00. The gates were designed for doubl~ traffic control and to operate automatically. He further stated that the gates had been approved by the State Highway Patrol Safety Co, nitres and the Federal Government, and he could see no reason for having them manually controlled, and he asked for an explanation as to Just what the City Council objected to. Mayor DeWitt stated that as the City has only one main street, it is essential to have traffic move as quickly and safely as possible. Under the present system of automatically operated gates traffic has been definitely slowed down. He stated that the gates would be down when a northbound train was standing in the station, causing traffic to pile up on Atlantic Avenue, which could be avoided by having a watchm~u to operate the gates manually. After a certain length of time, the gates raise, then when the train starts to move the gates are immediately lowered, with the result that the engine is often on Atlantic Avenue before the gates have stopped traffic, which is creating a very dangerous trafffic hazard. ~r. B. C. Cargile, Superintendent of Signals with the Florida East Coast Railway, also explained the operation of the gates, contending that they had been thoroughly tested and had been found to be functioning perfectly before the watchm~ had been removed frcm the crossing, and he agreed with Mr. Hanna that no benefit would be derived from having the gates menually operated during the daylight hours. Mr. John Wahl, a legal representative o f the Railway, asked the Council to give them a chance to iron out any difficulties, as they were vitally in- terested in making this crossing as safe as possible, and also not to hinder the movement of traffic, but he could see no advantage in placing a watchman on this crossing to operate the gates manually during the daylight hours. geuncilman Butler cemplained of the cross switching, of trains from north of Atlantic Avenue south across Atlantic Avenue. Mr. Hanna explained that it was strictly against the rules for a train to go over that ~ressing in reverse without being flagged, stating that this condition would Be investigated, and whoever was responsible would be disciplined. 298 OOq'O'~ER 28"~, 1947 -., After considerable discussion, Mayor DeWitt asked if the Railroad would consent to put a watchman in the tower, together with a City employee, to make a cheek as to the movement of traffic, to operate the gates manually during the daylight hours, and if it was found that %raffic moved more freely, if they would consent to put a watchmam in the to~er to operate the gates manually instead of automatically. Mr. Wahl advised Mayor DeWitt that the request would have to be made through the Trustees of the railroad, 14r. Hanna adding that he could not see how a watchman to operate the gates n~nually would accomplish anything, or how a tee% would prove anything. A motion was then made by Councilman ~hite, seconded by Councilman Butler, that the City Attorney be instructed to write to the Trustees of the railroad, requesting that in the interest of safety and the movement of traffic, the gates be ~ually operated during the daylight hours, within a reasonable period of time. Upon call of roll the motion carried · City APPROVED.-