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Minutes 05-06-58MI~U3TES OF A REGULAi~ MEETING OF THE CITY COLR'~CIL OF BOL~3~TON BEACH: ~LORIDA~ HELD AT CITY M_ALL BO~NTON BEACH~ ~L&Y 6~ 19~8. PRESENT: L.S, Chadwell. M~yor Martin Durkin~ Vice Mayor Harvey Oyer Mort Partin James J. Mahoney City Clerk D.V.Witliams Chief of Police Carver Zell Taylor Carl Stone The Mayor called the meeting to order at 7.30 P,M. The minutes of the previous regular meeting of ~pril 21 ~ere read~ Mr. Mahoney said the figure of $40:OO0.00 should be $~8~000.00 1~, 0yer moved the minutes stand with this correction. Mr. Durkin seconded. Motion carried. M~s. Kelly Kirton~ soesking as s representative of the P.T.A. of schools in this area, said Boynton Beach was getting unfavorable publicity in connection with juvenile delinquency~ and asked about the 'Curfew' ordinance and whether the P oT.A. could help in any way as they are greatly concerned about the matter. M~ D-e~kin wondered if the PTA had considered the increased expense involved in enforcing such an ordinance~ which he did not think a practicable solution of the problem~ that curfew had not proved effective in other plsces~ a~ might well be established in the homes by the parents an~ emlahas~ed ~n ~he schools~ ~s. Kirton was advised to get in touch with Mr.Alton Murray of the Coum_ty Juvenile Court in West Palm Beach who might have some good ideas which could be out before the Co~macil. Chief of Police Carver read a letter he had received from the Juvenile Court of Palm Beach County requesting the oresence of all Chiefs of Police of the County at a meeting in the Juvenile Court Room in West Palm Beech Court House at 8 P.M. May 14, to deal with the problem. He said he would be glad to take Mrs. Kirton or anyone else interested to the meeting. It was agreed to wait untz_ after the aboge meeting before taking any soecial steos here. P~. Edward Rosenthal of S.E. 2~th Avenue complained robberies in houses there. He asked for further street lights~ also for better street markers. of -2- He was told the lighting was already being investigated. The building reoort for the month of April was read amounting to $33~23~.00. A letter ~om the F.E.C. Railway was read regarding auto- matic gazes at three railway crossings in the City and_ saying these would be installed next year if the proposed City ordinance slowing do~m the soeed of trains was not oassed. After discussion Mr. Griffith was asked to reply to the letter~ making it as strong as possibles that the City will not be bound in any way but insists on the gates being installed immed~ataly. A request for re-zoning from ~s. Ethel Pierce was turned over to Mr. Griffit~ for advertising. ~. Griffith reported the two actions of M~. Busiello against the City are being dismissed this week~ a~nd the deed will be signed tomorrow. He read the contract between the City and Mr. Busiello which he recommended be signed by the Mayor~ I~. Griffith read Ordinance No.306 for ~he second time. ~. 0yer moved the adoption of Ordinance No.306 for the second and final'reading. ~. Mahoney seconded. Motion carried. M~. Griffith read Ordinance No.307 for the second time. M~. 0yer moved~ Mr. Mahoney seconded~ Ordinance No.307 be adopted for the second and final reading. Motion carried. M~. Griffith read Ordinance No.308~ covering zoning~ for the First time. Mr. Mahoney moved~ Mr. Durkin seconded~ Ordinance 308 be adopted for-the first reading. Motion carried. ~. Griffith reported on the information he had received from the City Attorney of 0ceau Ridge and recommended severing o-~ water relations, and letting them buy up what they have~ in lieu of taking them through their non-profit years, after which they would take it over and say they wanted to operate it. It was agreed to hold their check for $1:500.00 until an ~xpected latter has been received by Mr. Griffith from their City Attorney. Mr. 0yer moved the Mayor be authorised to sign State Municipal agreements extending 0.A. & S.I. to police end firemen. P~. Mahoney seconded. Motion carried. After discussion on the proposed change in refrigerating equipment and conduits for the new City Halt~ M~. Mahoney -3- moved ~o 0gden~ our architect: be authorised to put out the the Duct work and refrigerating equipment for new bids. Mr. Durkin seconded. Motion carried. (This motion was withdrawn at the continued meeting on Wednesday afternoon). Bids for a radio communication system for the Police Depart- ment were opened:· Spencer Con~mtbnication Radio Service $1~ll9.00 ~lus freight cbmrges from Utiee~ R.C.A. SI:Oil.70 Bendix $ 62~.80 Motorola $ 9~.00 nett~ f.o.b. Boyntono After discussion it was agreed to table the bids for further consideration. Mr. 0yet moved a Resolution be adooted that no building permit be issued for the erection of a dwelling unless the property contains a mir~imum of ~800 sq. £t. of land areas or umw!ess the property is an entire legally platted subdivision lot; (2) that the City will not grant approval for e subdivision for residential purooses wherein the lots contain less than 7~00 sq. ft. of land area with ~ minimum fromtage at the building setback line of 6~ ft. Mr. Mahoney seconded. Motion carried. ~. 0yer moved the adootion of a Resolution adopting rules and regulations for beach and casino, ¥~. Durkin seconded. Motion carried. ~. Mahoney moved the adoption of a Resolution on delinquent taxes~ whmc~_ is to be amvert~sed as submitted to tbe City Council · e as of this date. ~. Durkin seconded. Motion carrm d. l~. Mahoney moved PoliCe Chme_ Carver be authorised to employ Douglas Davis as special officer to us~ as he sees fit in colored town. ~. Durkin seconded. Motion carried. Mr. Partin~ moved Mrs. ~ '~ ' ~z~l~ams be ~ ' ~' autno~zsed to purchase five desks at an approximate host of for the new City Hall. Mr. Oyer seconded. Motion carried. Mm. 0yet moved the request for a license for use of a sound truck for thr~ days to advertise the Richfield Station be granted~ with the usual proviso that it be used only duming the normal working business hours of 9 to 6. ~J~. Partin seconded° Motion carried. Mm. Mahoney moved i~. Taylor be authorised to construct the 15 ftc road purchased from Mr. Eusiello on the ~orth side of his property in ~ccordance wiDh the deed. .Mr. Durkin seconded. Motio~-carried. Mr. Mahoney read a letter from the Palm Beach County authorities regarding land for a nam garbage dump. It was agreed that members of the Council would go out on a date arr&nged to see the property offered by the Co%~nty. Mr. Mahoney mo~d ~. 0~den be.~sked to hold up the contract for the ~inter-com~ if possiola~ at the present time so that we can.ch~ck with the telephone company as to what service they can mender which would be more sBitable. Mr. Durkin seconded. Motion carried. A letter was read from Mr. Griffith regarding retainer fees° M~. ~artmn pointed out that the wall of the cemetery bordering Woolbright 'Road should be built up. M~. Taylor was asked to check into this. The meeting was continued to Wednesday afternoon~ May 8. Convened Wednesday, May 8: at 2.00 P.Mo with all Council- men oresent. ~!r. Mahoney mad~ a motion that the origihal lSw bid for duct work as soecified on the original blu~ print~ and th~ 25-ton Air Conditioning unit be accepted, and that Mr. Ogden~ the architect~ be notified to proceed with the installation as oer original specifications and bid. Mr. Partin seconded. Motiob carried. The meeting was continued, and reeonven®d on Monday M~y 12, at 7:30 L. S, Chadwell, Mayor Martin Durkin~ Vice Mayor Harvey Oyer Mott Par tin James J. Mahoney D. V. Williams, City Clerk N. R. Field Elwya L. Middleton Theodor Sander Robert F. Griffith, Jr. Ze!l Taylor -5- YIn. 0yer made a motion that Mr. Midd!eton be authorized to bring in his ~Titten ~recommendations or draft of tb~ contract for entering into a conS+~rnction of a sewerage system in Rolling Green Ridge first addition~ the provisior~ to include that the developer, Mr° Field, will pay for the laterals on an assessment basis, based ~n the actual cost, the funds to be to be on a separate bid so tb~t the cost can be separ ted. That Mr, Fmeld will finance the en~J.re remainzng part of the System by the ~hase of Re~emue Ron~s at u 4% interest rate, the bonds to be a.fi~st lien against the system %o be approve~ ~y a Nation- al Bond Council, The Bends to be ~lable ut ail times by the city, The bonds to be issued and that the bonds ~ill be Revenue Bonds against the revenues of the system only. ~oats of the sys- tem will have , and fur- site for a sewerage planet at a cost of ~ acre an~ that Mr. Field will eontract to convey to the lift station above ground is to be c~ns~a~,_e~, ~ ~it!e within three years provided the city will the premises~ Partin, Did you waat to mention Mr~ Field or Field & Riley?. Field- I don~t thi~k it makes any difference. 0yer- Well, I went all over a 40-acre tract$ I hope I covered it. Durkin- Those locations uf the lifts - a~e they agreed upon now? Field- I~m agreeable ~o this if you all will stand behind me. Durkin-~4hat~ does the engineer say-about these changes? Sander- That's where we recommended, Chadwell- Well~ we~ve heard a very lengthy motion here; if we can- ~et a second to that - Partin- I=ll second it. Chadwell- Gentlemen~ you heard the motion and you have a second; all in favor say "Aye". Durkin- Mr. Mayor, so that there won't be amy confusion about it - we are not committed, of course. T~s is just a draft of a contract until such time - 0yet- That=s rig_bt. Durkin- Okay. I have no objection to it~ Chadwell~ Ail agreed say "Aye". (Unanimous), Contrary, "No". Now what are we going to do about get,ting this man to work,~cn that zoning? Mahoney- Don=t you feel we ~hould wait ~t~l we see what this draft is be- fore we give any further order on it? Mid,!eton- I want to consult with ~!r~ Trimba!l about it too, as te how he wants to approach it. It wouldn't take any particular time to put these things in rough draft, but thatls not what you want. You want something that's going to have a oontra~t in it. I~m going to try to draft it like I threw it ought to be. I ~on~ mean that you san It change it,- but certainly I~m going to try to start out with a comPlete contract, not come back here for another meeting with some- thing I know is not near adequate. Sander- Actually, as faras o~r contract with the city is concerned, Mr. Durkin, I would have to go back to our Administration Section, but I~m ~mite certain that, regsm~tess whether this gee~ i~to eons- traotie~ ~r net, the engineering, fee of the design mp to date is still due and payable. Mahoney- I thi~.k, talking to Mr. Russell, he was here that night, he said that tkis $14,000.00 would be part cf this overall engineering ftc o Sander- ~hat we would like to do now, soon as possible~ ef course, is to ~ with the design of *~his treatment plant. We~!l ~st oer- t~y work with Mr, Field and Mr. Middleton on this thing to get the financing pro,am set up as much as we can, based on this eri_~in- al suggestion and we will amortize this thing down, including the pur- chase of the property, include in the Bond iasue~ Field- There are two things I want to go over with you, just very short, to shew you two streets that I do want; think~we s~homld etim- irate from that thing that there is no reason to pUt in now. Niddleton- If youWre g&ing t~ put in a system out there though you might as well sewer it Ohadwell- These houses out there - they might want to get on the sewer system too. Field- Yes,~sir~ but ~hey should pay for their lateral. You don~t certainly feel like that I ought ~o pay far lateral for some lots that I~ve s~ld to someone else and I don~t have any control over at all, do you? Chadwell- I don~t know. Field- The-lots are~a!l built on, half of ~it (latera! line) se~es Rolling ~reen SeCond Addi~iono The houses are all built and they are on septic tanks. They will never go on it. I mean again, there is the - 0yet- HeWs only g~about 400 Ft. or less of sewer that is in there. Middleton- They ought to be in there and everybody sh~mI~ be required t~ hook on, Field- On stuff like that, shouldnlt I get bonds for that? Sbou!dnrt I get bonds for something I donWt own and have no right to ever? -7- Middleton- There is no obligation for Fou to sewer so~tbing you don~t own. That is up to you, and the engineers, because if you don~t come up with a plan thatTs within what we can do and what we can iustify with bonds, then we canXt do it anyhow, but it certainly shouldn't be e!iminated~ ~ it. o~ht to be included a~d all of them should be made to hook on. If yo~ are going ts have a sewer sys%em everybody o~ht to be en its Where yea have got a sewer line available you can make them hook on. Oyer- I t~ink it would help matters if we also passed a mot!eh to authnrize them to do the'final plans for that treatment plant itself. Is that the term*nology for it? ~ trea~aent plant. he~ to move that Russell & Axon be author- and specifications for the sewerage Durkin- Is that included in the other cost? 0~r-Sure. .~=s all in see Durkin- We~l~ !etas have it on the record; we have had so~many discussions and confusions and contradictions about these things, let's have it straightened out. Mahoney- Harvey, 'just one question is om my mind. Nothing is binding on anyone yet, as Mr. Middleton pointed out, We-don~t ~ant to go in and auth- orize any further expenditures at this time without having something binding. Oyer- Well, we~ve already done it one tLme. We instructed them to go ahead and do the working plans up here and it is Just carrying it out to its log- ica! conclusion. I don~t see any ~ense of delaying this thing any longer. ~ander- The additional fee involved is very mznor, actually you get benefit · of the sliding scale and mt s just a motter of $90,000.00 worth of construc- tion. Griffith- It s~mmers down to, Mr. Field sitting here now, he knows what he is going to do. He has always kept his word before. This a_~reement is - Mr. ~ield~s - t can see no harm of us going into wb/t is necessary to com- plete the matter. If he questions whether h~ is going to dc it or not (back out) maybe ~ - Field- The reason I wont over here to Howard and my accountant is to see if they thought we ought to go ahead with this bad deal. They said they thought that we should, so I~m ready to go. Middleton- I would like to poin~ cut one thing~ I didn't want you to misun- derstand me that nothing that you might do byway of a verbal agreement is not always binding because Sometimes it is. If ~eu hire a man t~ work:~or the city he does the work, yo~ have ~ pay h~ whether y~u wrote it down or not. B~t I did want to saF~ that your contract about the bends are not-bind- ing ~ntit they are signed. Partin- You get a motion made? Oyer- Yes, sir. I get a motion ready for seconding, Partin- I~l! second that motion. Chadwel!- You heard it boys. D~- ~hat is the motion again? Oyer- That Ru~seil & Axon be authorized to proceed with the final working plans and specifications for the_sewerage treatment plant° Durkin- Same to be included in the original cost. Is that right, Mr. Sander? Oyer- That was included in the other motion,, we simply authorizing them to do the work. Chadwell- Ail in favor say "Aye". The meeting was adjourned at 12:20 P.Mo Mayor City Clerk W~ the City Council ef the City of F~ton Beach, Flerida~ has become cognizant of the fact that for the general good and wel- fare cf the public us~g the Casino at Boyntom Beaeh~ it is nec- essary to formul~te amd enforce a set of rules an~ regu!atic~s regarding the use ef the ~ublic hall at the NO~, TE~EF~E, ~E IT RESOIi~E$, that the following x~zles aud regulations become effective at once, 1, Eough c~d must not ~e used on the floor. 2, Hall mu~t be left as it is f~u~d By th~se using it. 3, Tables and chairs must be cex~ied, ~ drawee~ across the fleer. They must be carried beck into place before users leave the ?~11o 4. Cigarettes must be placed in ash trays only, net in window sills, en f!oe~ or elsewhere. If the above instructions are mot carried out, all rights to use the hall will be forfeited henceforth to the offending group. inspectimus of the hall ,~ill be made by the e~stodian~ and infractions of the rules so reported tc the City Oouncito Any person who disfigures er d~ges any building or equipment on this property or on the beach will be prosecuted, BE IT. FURTMF~. RESOL~F~ t~t a Notice to this effect be placed im a eon- spicuous place in the Casino, PASSED A~ ADOPi'ED by the City Oounci! ef the City cf Beynton Beach, Florida, at its regular meeting of this 7th day of May, 1958. ATTEST: cit PROCLAMATION Individual freedom under law American Laws and courts exist to protect p~rson and property, and in the .ndlv!dual is the birthright of all every citizen, in his rights and privileges he enjoys under our federal and state constitutions. It is this liberty and ec~a!ity for the individual which distinguishes our system of government from communism under which millions of people are today living in slavery. Without laws and courts the freedoms we often take ~or granted would be meaningless. This important ~ruth is to be recognized publicly in a nat!on-wide observance of L&W DAY U. S. A. to be held on May 1, 1@$8. The citizens of Boy~.ton have been invited to participate. The observance will consist of special programs sponsored by various organizations and groups, and by the schools. Their purpose will be to focus public attention on the important part that law has played in f~merica's growth and achievement. L~f DAY U. S. A. is to be the first national celebra- tion of its kind ever held. The presenE status of world affairs makes it especially fitting that our people should at this time reaffirm their faith in the rule of law and their determination to strengthen it. This is both a timely and patriotic observance e~Dhasizing respect for law and good citizenship~ It merits ~he support and cooperation of individuals~ organizations and schools NOW T~P~REFORE, I, do hereby proclaim ThursdaY, ~ay 1, 1958, a~ L~f~; DAY U~ S. A. in Boynton, and call upon all citizens, organizations and schoois to re~ogniz~ this special day and to join in its observance~ Maydr of ~o~n~on, ~ !orida- '