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1951-11-20 Regular CC Minutes1 6, REGULAR MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING, NOVEMBER 20, . 1951 The meeting convened at 800 o'clock P. M. with President Osborn presiding. ROLL CALL: The roll was called and Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5), were noted present. Absent,: None. MINUTES: 1. The minutes of the regular meeting held November 6, 1951, were approved as transcribed. WRIMEN COMMUNICATIONS: 211. From the Eastbay Chapter National Safety Council, expressing its appreciation for the City's 1951 Membership Contribution and assuring the Council its financial support will be effectively utilized to bring about the expansion of activities in public accident prevention in the City of Alameda and the East Bay area. President Osborn stated the Council was thankful to receive this letter and there- upon ordered it filed. 3. From the Alameda Historical Society, expressing its appreciation for the Council's interested and enthusiastic cooperation, and extending an invitation to visit the Society's headquarters in the Library any Wednesday afternoon to view the fine historical material on display. The President ordered the communication filed. 4/ 4. From the Housing Authority of the City of Alameda, requesting the refund of $568.21, erroneously paid to the City for Sales and Use Taxes over a period from the quarter ending June, 1950, through the quarter ending June, 1951. The communication was accompanied by a written opinion from J. P. Clark, City Attorney, stating that the refund is allowable and should be made. Councilman Jones stated that, on the basis of the ruling of the City Attorney, he would move the amount of $568.21 be refunded, as requested. Councilman Branscheid asked if the Housing Authority had collected this money in its transactions. City Attorney Clark explained the Authority had simply paid taxes on purchases made outside the City. Councilman Branscheid then seconded the motion and it was carried on the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. 5. V4 From Marion D. Williamson, Sarah Krusi Pollard and Bryant W. Fields, with regard to the hazardous intersection at St. Charles Street and San Antonio Avenue and suggesting steps to make it more safe for traffic, as follows: _(1) - Erect stop signs at the intersection; (2) - Ask Bus Company to make St.Charles Street a bus stop and (3) - Declare the shrubbery in the yard of the premises on the northwest corner of St. Charles Street and San Antonio Avenue a public nuisance and have it removed, as it prohibits a clear view of the intersection. President Osborn stated he had inspected this corner and found that the shrubbery does hide the view. He said he felt that if the street is to be made a boulevard stop for north and south traffic crossing San Antonio Avenue, the question should be referred to an investigating body - either the Engineering or Police Departments. He asked the Council's pleasure about what action is to be taken. He also inquired if there were any present who would like to make any remarks. Councilman Branscheid stated he has crossed this street for years and it has always been a hazardous one. He said he believed San Antonio Avenue should be made a boulevard stop from Morton to Ninth Streets, to keep it consistent, as long as this avenue is a bus thoroughfare between those streets. He thereupon made a motion to this effect. Councilman Jones seconded the motion - but went on to say that he feels a thorough investigation should be made, to consider the engineering features involved, and to study the particular intersection of St. Charles Street and San Antonio Avenue, giving consideration to the removal of the shrubbery mentioned. He_stated he would like to amend the motion to also request the Police and Engineering Departments confer on the problem and conduct further investigations in order to arrive at a more complete decision. Councilman Sweeney wondered what would happen if, after the investigation, the recommendation is not to have the street made a boulevard stop. He stated there have been many complaints about traffic on San Antonio Avenue creating a hazardous condition, but felt that possibly the investigation should be made first. Councilman Jones reiterated that he felt there should be a boulevard stop street there and the Police Department should be informed to this effect and further, the Police Department should make an additional investigation. The question was called for and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None, Councilman Jones then moved that the Council proceed to have an investigation made by the Police and Engineering Departments as to the elimination of hazards on San Antonio Avenue and such further precautions be taken as to assure safer traffic conditions. The motion was seconded by Councilman Sweeney and unanimously carried. ORAL COMMUNICATIONS: 6. Mr. Frank Gottstein addressed the Council, expressing the opinion that the proposed sandblasting of the City Hall would be a waste of the taxpayers' money. President Osborn explained that this particular matter is to be held over for further discussion before any action is taken. Mr. Gottstein then inquired if any progress had been made concerning the investiga- tion or survey in the matter of establishing one-way streets in the City. President Osborn answered that instructions had been given for a survey to be made on this proposal but in view of the City Manager's absence on his vacation, no report had as yet been received. Councilman Anderson stated he understood traffic counts are being made. President Osborn asked City Engineer Maynard about the situation and he answered that the matter is now under discussion. He stated the problem has to be proved in an engineering fashion to the satisfaction of the Division of Highways, which has almost complete control of this type of thing, especially on Webster Street. HEARINGS: 7. The matter was called up concerning the abatement of a nuisance on the premises known as 1318 Court Street. City Attorney Clark, representing the City in this action, stated the hearing is being held under provisions of Chapter 4, Title X of the Alameda Municipal Code. He established the fact that the present owner of record is a Mrs. Sharlette C. L. Montenegro, whose only known address is in care of Mr. Garland Budd, Attorney-at- Law, 1025 Albert L. Dupont Building, Miami 32, Florida. He pointed out that upon discovery by the Building Inspector of the dilapidated condition of the dwelling, certain steps were taken. He submitted as evidence a copy of the Notice to Abate Nuisance and the Post Office Return Receipt, showing proper notification had been made and also the Affidavit of Posting and Mailing Notice to Abate Nuisance executed by E. H. Rogers, Building Inspector. He also presented pictures of the dwelling in question, clearly indicating its dilapidated condition. He inquired if Mrs. Montenegro was present or represented. Mr. Clark called Building Inspector Rogers as his first witness. Mr. Rogers was duly sworn in by the Clerk and, upon interrogation by the City Attorney, testified to the following facts: The dwelling was formerly owned by a retired Alameda school teacher; it is an extremely old house which has not been occupied for_about eighteen months; all windows are broken out, cornices have fallen off, floors, porches and stairs deteriorated to the point where they are unsafe and plaster has cracked and fallen off. The structure is now a breeding place for rodents and a gathering place for vagrants. He stated the house has never been wired for electricity and he estimated the cost of repairs to make the dwelling inhabitable would be $4,400. Councilman Jones asked if the taxes had been kept up. It was developed that the taxes had been paid for the current period - at least they could not be considered delinquent until December 5, 1951. Councilman Anderson stated the estate must have been probated in this County and he felt that even though the situation should be cleared up from the standpoint of community welfare - since the taxes are paid, it would seem only fair to make more effort to find a local contact before taking final action. The City Attorney pointed out the Council cannot take final action for a period of at least thirty days after adoption of the proper resolution due to Mrs. Montenegro' absence. 127 Councilman Sweeney stated it should make no difference whether or not the taxes were paid - a situation like this should be cleaned up. Councilman Anderson stated that possibly Mrs. Montenegro was ill and her present whereabouts unknown to Mr. Budd, her Attorney. He pointed out that it has been only about twenty days since Mr. Budd received the notice of abatement and he may be making an endeavor to contact Mrs. Montenegro. Councilman Branscheid stated the premises are a detriment and thereupon moved the adoption of the resolution to proceed in this matter - there being thirty days before which any further action can be taken. The motion was seconded by Council- man Sweeney. Councilman Jones stated he felt Mrs. Montenegro might not know about this situation and it might mean a serious loss to her. He believed no precipitate action should be taken. President Osborn asked Mr. Rogers if legal notice had been sent last July, and if he has, at any time, received any answer. Mr. 'Rogers stated nothing whatsoever had been received. Councilman Anderson stated this condition has existed for the past eighteen months and even though the community should be protected, he felt the City Clerk should write to the City Clerk of Miami and ask what the situation is concerning Mr. Budd and his client, Mrs. Montenegro — another thirty days wait would do no harm. President Osborn asked Councilman Branscheid if he would withdraw his motion until the other witness had been called. With the consent of his second, Councilman Branscheid agreed. City Attorney Clark called Chief Thomas M. Lane of the Fire Department, who was duly sworn in. Upon interrogation by Mr. Clark, Chief Lane brought out the fact that he had inspected the dwelling that very afternoon and reported that everything is in a terrible condition. He considered it to be a definite fire menace and stated that people in the neighborhood had moved away because of this bad condition. Councilman Anderson asked if it were a fire hazard and Chief Lane emphatically answered that it was. Councilman Branscheid thereupon moved the adoption of the following resolution, which was read in full: "Resolution No. 4496 DECLARING BUILDING KNOWN AS NO. 1318 COURT STREET, AIAMEDA, CALIFORNIA, TO BE A PUBLIC NUISANCE. "WHEREAS, the Building Inspector of the City of Alameda found the building or structure located at No. 1318 Court Street, in the City of Alameda, California, to be so dilapidated from old age and neglect as to be a fire menace, also a breeding place for rodents and a likely resort for vagrant or dissolute persons, whereupon he gave notice in the manner provided by Chapter 4, Title X, of the Alameda Municipal Code, directing the owner to appear before the Council of the City of Alameda on Tuesday, November 20, 1951, at the hour of 8:00 o'clock P. M. and show cause why said building should not be condemned as a public nuisance and abated as provided in said Alameda Municipal Code; and "WHEREAS, it appears that said notice was duly and regularly given by posting and mailing in the time, form and manner provided by said code, and the matter coming on regularly for hearing before this Council at this time, and witnesses being sworn and testimony being given by the Building Inspector and other competent persons respecting the condition of said building, and the estimated cost of its reconstruction, repair or removal; and the owner of said building not being present in person and no one appearing in her behalf, the Council proceeded to a consideration of said matter and after due consideration of the testimony of all witnesses and other evidence presented in said matter, "IT IS HEREBY RESOLVED, DETERMINED AND DECLARED, and the Council of the City of Alameda, finds that _the building or structure known and designated as No. 1318 Court Street, in the City of Alameda, California, is so dilapidated from old age and neglect as to be a fire menace and breeding place for rodents and a likely resort for vagrant or dissolute persons, and that said building is unfit for human habitation or occupancy and that by reason thereof said building is a public nuisance; and "BE IT FURTHER RESOLVED that the aforesaid building or struc- ture be, and the same is hereby, condemned as a public nuisance, and the owner or owners thereof be, and they are hereby, directed to abate said nuisance within thirty (30) days from and after the date of posting on said premises a notice of the passage of said resolution by having said building properly reconstructed or repaired, or by having the same razed or removed; and "BE IT FURTHER RESOLVED that if said nuisance be not so abated the said building or structure will be razed or removed by the said Building Inspector, and the expense thereof made a lien on the lot or parcel of land upon which said building is located, as provided by Chapter 4, Title X, of the Alameda Municipal Code; and "BE IT FURTHER RESOLVED that if said nuisance be not so abated as above set forth, the Building Inspector of the City of Alameda be, and he is hereby, authorized and directed to raze or remove the aforesaid building or structure, as provided by Chapter 4, Title X of the Alameda Municipal Code; and "BE IT FURTHER -RESOLVED that the Building Inspector is hereby authorized and directed to post and mail copies of this resolution as provided by said code." The motion to adopt said resolution was seconded by Councilman Sweeney. Councilman Anderson asked if the party had thirty days in which to take care of the situation, and if she showed good faith in attempting to renovate the premises, would it be within the province of the Council to extend the time. He felt this courtesy should be extended. The City Attorney stated this could be, done. Councilman Sweeney stated he felt courtesy should be shown the citizens of Alameda in abating this nuisance from the angle of its being a fire menace. Councilman Jones agreed with Councilman Anderson in that some particular effort should be made to contact the present owner. The question was called for and the motion to adopt the resolution was carried on the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent; None, The President thereupon declared said resolution duly adopted and passed. Councilman Anderson moved the City Clerk be instructed to write a letter explain- ! ing the situation to the City Clerk of Miami, Florida, and ascertain if any information can he obtained. The motion was seconded by Councilman Jones. President Osborn suggested another letter be sent to this Attorney - not a legal notice - but merely one of inquiry - and stated he, himself, would be willing to write requesting an answer. After some further discussion, on this phase of the matter, Councilman Anderson, with the consent of his second, withdrew his motion. He thereupon moved. the City Clerk be instructed to write to the firm of whom Attorney Budd is a member. The City Attorney suggested the letter be written by the Building Inspector and that it be sent to Mrs. Montenegro in care of Mr. Budd. Councilman Anderson made a motion to this effect, which was seconded by Council- man Jones and unanimously carried. OPENING OF BIDS; 8/ Bids were opened and read for the furnishing of one new, latest model, Electrified Typewriter Accounting Machine for the Auditor's Department, in accordance with Specifications and Provisions therefor, NQ. MS 11-51-20, as follows: From The National Cash Register Company - - 150191.20 Accompanied by certified check in amount of - - 519.12 From Remington Rand, Inc. - - 4,345.57 Accompanied by certified check in amount of 448.70 A letter was read from Burroughs Adding kachine Company, stating that it could not submit a bid for the reason that some of the minor specifications indicated are not a part of its machine. The letter went on to point out the features of the equipment manufactured by it and requesting the Council's consideration of them before taking action on the purchase of a machine. Councilman Sweeney inquired about how specifications for any certain equipment are drawn up. 129 President Osborn noted the presence of Mr. B. E. Jost, City Auditor, and asked him to explain this. Mr. Jost pointed out that he was no authority on the writing of specifications and had therefore asked the help of the National Cash ZTegister Company salesman. Councilman Jones stated it was not proper to ask a company who was going to bid on an item to write up the specifications. Mr. Ralph White, District Manager of Remington Rand, Inc. was present and re- quested that the Clerk also read a letter which accompanied the bid from his company - which merely explained the basis on which its quotation was made. President Osborn pointed out that bids have been received from two companies and a protest from Burroughs Adding Machine Company which should be considered. He stated the usual practice is to refer the bids to the City Manager and if that meets with the approval of the Council he would refer the bids to the City Manager for study. A discussion brought out the consensus that specifications should be drawn up and bids entertained in good faith; the specifications should be sufficiently elastic to permit of bids being submitted on all types of equipment. The Council went on record as disapproving of this method of preparing specifications. Councilman Jones moved the bids be referred to the City Manager for study and recommendation. The motion was seconded by Councilman Branscheid and unanimously carried. REPORTS OF COMMITTEES: 9. From the City Manager, recommending that Sergeant Fink be authorized to take an Extension Course on Municipal PoliceAdministration" offered by the Inter- national City Managersl_Association and $40. be appropriated for this purpose. Councilman Branscheid moved the City Manager's recommendation be adopted; that Sergeant Fink be authorized to take the designated course and the sum of $40. be appropriated to cover his expenses. The motion was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. v7 10. From the Acting City Manager, requesting authorization to sell an obsolete pull-grader to a Mr. E. J. Arada for the price offered of $35. The letter ex- plained that this piece of equipment is now stored at the Golf Course and it cannot be used by either the Golf or Street Departments. Councilman Anderson moved the Acting City Manager's request be granted and he be authorized to dispose of this item for the price offered. The motion was second- ed by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None.. 11' the Acting City Manager, reporting that work on the project of construct- ing Standard Culverts at various intersections throughout the City, in accordance with Specifications No. PW 10-50-34, has been completed to the satisfaction of the Engineering Department and recommending the work be accepted and the Notice of Completion be ordered filed. Councilman Jones moved the Acting City Manager's recommendation be approved, that the work be accepted and the Notice of Completion be filed. Councilman Branscheid asked what the total value of the work was and he was informed that it amounted to $47,000. He thereupon seconded the motion which was unanimously carried. 12. From the City Manager, reporting on the bids received for the Sandblasting, Painting, Repairs and Other Work at the City Hall, in connection with Specifications No. PW 10-51-14, and stating that if it is the Council's desire to have this work done, he would recommend that contract be awarded to William McIntosh & Sons, the low bidder, at the price of $9,525.16, as quoted. Councilman Branscheid moved this matter of the renovation of the City Hall be held over until the next meeting. The motion was seconded by Councilman Sweeney and unanimously carried. 13'7 From the City Manager, recommending contract be awarded to John H. McCosker for the project of Repaving and Expansion of the City Hall Parking Lot - Spec- ifications therefor, No. PW 10-51-15 - at the bid price of ,..)3,211. Councilman Anderson moved the City Manager's recommendation be adopted; that contract be awarded to Mr. McCosker and the checks be returned to the unsucces- ful bidders. The motion was seconded by Councilman Branscheid and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. 14. From the City Manager, recommending contract be awarded to John H. McCosker for the project of Improving Central Avenue, East of Fernside Boulevard - Spec- ifications No. PW 10-51-16 - at the bid price of $7,767. Councilman Jones moved this matter be laid over to the next meeting. The motion was seconded by Councilman Sweeney and unanimously carried. 15. From William A. Tulloh, Chairman, and T. L. Stuart, Secretary of the Pension Committee for Fire and Police, requesting a meeting with the City Council in the near future concerning their Pension Matter. President Osborn stated that about two weeks ago the City Council held a meeting with Mr. England, the representative of the actuarial firm, to discuss the subject of pensions for the police and firemen, and at that time Mr. England was authorized to make exhaustive study and report back to the Council concerning the cost of the pension system. He explained that Mr. England had stated he did not believe he could get the figures to the Council before the first of the year and President Osborn hoped they would be ready at that time in order that consideration can then be given the matter. The City Clerk was instructed to inform the Pension Committee accordingly. 16. From the City Planning Board, recommending that the property known as 1358 Regent Street be reclassified from the "A-1" One-Family Dwelling District, to the "C" Multiple Dwelling District, for_the_purpose of erecting six or eight- family apartment house. The property is owned by Dr. Palmer A. and Mrs. Elma C. Fallgren and is more specifically described in the petition. The matter was referred to "Introduction of Ordinances." INTRODUCTION OF ORDINANCES:- 17. Councilman Anderson introduced the following ordinance, after which it was laid over under provision of law and the Charter: "Ordinance No. New Series An Ordinance Reclassifying Property by Adding Section 68 to Ordinance No. 725, New Series." (1358 Regent Street) NEW BUSINESS: 18. At this time, Councilman Branscheid stated he had read in the minutes of the last meeting of the City Planning Board that a certain adjustment had been granted to allow construction of some apartments with no consideration being given to the matter of making garages available. He stated he felt this was a serious matter as the streets will soon be full of cars due to lack of parking facilities. The City Attorney stated the Board had discussed this very point at great length but the Zoning Ordinance does not cover this phase of parking. Councilman Jones stated this problem is in line with the Council's request to have the Zoning Ordinance revised to take care of conditions as they exist today. Councilman Sweeney suggested the Council and Planning Board get together and talk over this situation - the time having arrived when they should meet and discuss all salient points. Councilman Branscheid emphasized the fact that the future development of the City of Alameda depends upon automobiles and their parking conditions. President Osborn stated it is a problem to find time for a meeting such as suggest- ed, but the most feasible time would be to meet with the Planning Board after one of its regular meetings. There ensued considerable discussion as to a date conven- ient for all concerned. The final decision was to arrange for a meeting on the evening of Wednesday, January 9, 1952. RESOLUTIONS: 19. The following resolution was introduced by Councilman Jones, who moved its adoption: "Resolution No. 4497 Accepting Grant of Easement from Pacific Clay Products, a California Corporation, in Certain Real Property, for Sewer Purposes, and Consenting to Recordation Thereof." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. Thereupon Pres- ident Osborn declared said resolution duly adopted and passed. 20. The following resolution was introduced by Councilman Branscheid, who moved its adoption: "Resolution No. 4498 In Memoriam to Herbert Fairfield "WITH PROFOUND SORROW, the Council of the City of Alameda records the.untimely death of one of its loyal employees, HERBERT FAIRFIELD, who had served the citizens of the City most efficiently as a,member of the Alameda Police Department since January of 1941. "WHEREAS, CHIEF RADIO OFFICER FAIRFIELD had performed his duties most efficiently and was in charge of the Communica- tions Division of the Civil Defense Program, his sudden demise comes as a great shock and loss to the City. "NOW, THEREFORE, BE IT RESOLVED, that, in recognition of the valuable service rendered by Officer Fairfield, the Council of the City of Alameda hereby expresses its sense of personal loss and its sincere gratitude for the privilege of having had such a faithful and conscientious person in the employ of the City. "BE IT FURTHER RESOLVED, that this -Resolution be spread in full upon the minutes of this meeting, and that a copy thereof be transmitted to the family of Officer Fairfield, that it may extend to its members a sincere expression of sympathy and condolence; and "BE IT FURTHER RESOLVED that when this meeting of the Council of the City of Alameda adjourns, it shall do so in respect to the memory of HERBERT FAIRFIELD. The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. ,Thereupon Pres- ident Osborn declared said resolution duly adopted and passed. 21. The following resolution was introduced by Councilman Branscheid, who moved its adoption: "Resolution No. 4499 Adopting Specifications, Special Provisions and Plans for Construction of Three Temporary Equipment Shelters, Calling for Bids and Directing City Clerk to Advertise Same." The motion to adopt said resolution was seconded by Councilman Sweeney and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes: None. Absent: None. Thereupon the President declared said resolution duly adopted and passed. ORDINANCES FOR PASSAGE: 22. "Ordinance No. 1042, New Series An Ordinance Amending Sections 3-1012, 3-10115, 3-1023 and 3-1026 of the Alameda Municipal Code, Relating to Sales Tax andUse Councilman Sweeney moved the ordinance be adopted as read. The motion was second- ed by Councilman Anderson and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and ,President Osborn, (5). _Noes.; None. Absent: None.. - FILING: 23. Specifications - No. FN 11-51-17 - For the construction of Three Temporary Equipment Shelters. f BILLS: 24. An itemized List of Claims against the City of Alameda and the several Departments thereof, in the total amounts as follows, was submitted to the Council at this meeting: General Departments, $10,208.97; Civil Defense Department, $'2,821.98; Police Department, $3,791.76; Fire Department, $1,683.78; Street Department,$4,233.46; Health Department, $1,223.23; First Aid Department, $174.40; Recreation Department, $736.69; Park De- partment, $1,694.41; Social Service Department, $34.79; Parking Meter Department, 33.18; Golf Course Department, $2,251.28; Store Department, $1,600.83; Pound Department, $54.93; Civil Service Department, $292.82; Garfield Avenue Storm Sewer Fund, $229.45; Engineering Department,Deposit Fund, $150.00; Traffic Safety Fund, $5,426.71; Gas Tax 11 Fund, ,64.47; Gas Tax #2 Fund, $75.95; 1951 Sewer Bonds Fund, $178.12. Councilman Sweeney moved the bills as itemized in the List of Claims filed with the City Clerk on November 20, 1951, and presented to the Council at this time, be allowed and paid. The motion was seconded by Councilman Brans- cheid and on roll call carried by the following vote. Ayes: Councilmen Anderson, Branscheid, Jones, Sweeney and President Osborn, (5). Noes None. Absent: None, 25. At this time, President Osborn asked if there were any further oral communications. Mr. Frank Gottstein spoke of the serious problem created by the lack of garages. He pointed out there should be a garage available for every living unit in a building. ADJOURNMENT 26. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, December 4, 1951, at 800 o'clock P. M. The meeting was adjourned in respect to the memory of Herbert Fairfield. Respectfully submitted,