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Minutes 02-02-32REGULAR ~,~EETING OF FEBRU.~Y 2, 1932. A Regular Meeting of the Board of Town Commissioners of the 'Town of Boynton, Florida, was held at the Town Hall of the To~ma of Boynton, Florida~ on Tyesday evening, February 2, 193~ at V:30 o'clock P. M. Present: H. T. Holloway, Mayor Prank Nutting, Vice Mayor J. P. Bowen, Town Clerk The above constituting the entire Board of Town Commissioners of the Town of Boynton, Florida. The Town Attorney, J. Ho Adams and Town Auditor, R. M. Hart were present at this meeting. ~inutes of the last Regular ~!eeting of January 19~ 1932~ being read, were approved u~on motion of Co~zmi~sioner Bowen, seconded by Co~maissioner Nutting and duly carried.~ ~ Minutes of the Special l~eet_ng of Jsm. uary 8, 1932, beir~g read, were approv6duBpon motion of Co~missioner Bowen, seconded by Comm~issioner Holloway and duly carried. Telegram from B. W° Hendricks regarding prOposed re- duction of express rates on vegetables was read by the Treasurer. After some disoussion Commissioner Bowen made a motion that ~ne Commission go on rocord as favoring the proposed reduction in express rates and that the Treasurer be instructed to wire the interstate Co.~f~erce Con~ission and ask them to permit the proposed rates to go into effect. This motion was seconded by Cormuissioner Nutting mud duly carried. ~f~r. Giles G. Patterson and R~. P. Somerville were present and Mr. Somerville made a request that the Commissioners pay ye the l~ite Construction Company ~8,9V!,94 now in the State Road Fund. Attorney Jo Stockton Bryan who represented the Town ~ the SFmite Construction Company suit was present and stated that he thought the Commissioners were going Do discuss the matter of appealing the suit. After some discussion ~missioner Holioway asked all tax-payers to stand that were in favor of appealim~g the case and eight stood up, Commissioner Holloway asked all the tax-payers to stand that were not in favor of appealing~ the ease and no one stood. Co~,~issioner Holloway ~en stated that he had talked to a nttmber of tax-payers who were in favor of appealing the case and that he believed it was the desire of the majority of the tax-payers that the Con~uissioners appeal the case. Thereupon Commissioner Hol!oway made a motion that the attorneys be instructed to proceed to appeal the case against the ~ite Construction Company. This~motion a vote was seconded by Co~missioner Bowen and being pud to the following vote was had thereon: for Receipt #!00~ issued to for 192V ~axes on Lot Shepard's Subdivision in Commissioner Holloway ~Aye" Co~ais s ioner Nutting ~0ppo sed~ Commissioner Bowen ~'~je~ Thereupon the ~ayor declared the motion carried. Con~issioner Hollow~ay asked ~. R. N. Hart, Auditor the Town O~ Boynton to e'xplain the matter of a Tax ~ Est,ate Nahum allen~ S. D. ~orris, Adm., 5lock l, Section 15, ~. S. the amount of $11.~0 dated ?£ March 19~ 1928 and signed by ?~n. P. Somer~ille as Town Tax Collector ~£nioh was on £~te in the To~m Halt~ and of a Tax Receipt bearing the ss~r~e number issued to Greif Stream Realty Company covering taxes on S-~ ~ of S¥~]~ of NE~, East of Ry less that part beginning at the SE corner o£ SE~ of the S~ of NE~ of Section 4, thence r~_nning northerly on the East line of the SW~ of the NE~ of Section 4, a distance of BI0~, ~est 2!0~, South ~10', East 210' to point of beginning all in Section ~ in the amount of ~105.00, dated ~arch 19, t928 and signed by YAh. P. Somerville of ~nich there was no record in the Town Hail. Mr. Hart stated that he had checked the books and thai the receipt of ~i05.00 had no~ been accounted for on the Town Records. After ~ome discussion Commissioner Ho!loway made a motion tb~t the Treasurer notify ~ir. Somerville of the matter and to dems~d that i~r. Somerville explain or adjust the matter at or before a Special ~leeting of the Board of Town Commissioners ye be held at the To~.~ Hall at 1 o'clock P. ~. Saturday, February 6, 1932 and that the Co~issioners would wait until that time before officially notifying the ~onding Company. This motion was seconded by Commissioner Bowen and unanimously carried. Thereupgn Co~issioner Holloway ordered that a Special ~[eeting be called for February 6~ 1932 at I 6'clock P. ~I. Judge J. Stockton Bryan was present and read tiue Statmeht of hiS laCeO~ut for services rendered the Town of Boynton from May 1929 to January 1932, showing the total charge for services 912,828.39 and also a list of credits as per his records from Nay 1929 to July 1931, a total of 99,895.09, leaving a balance due him of 92,933.30. Conmmissioner Bowen made a motion that the bill be approved subjec~ to being checked against the records of the Tow~ Hall. This motion was seconded by Com~._issioner Eolloway and duly carried. The Treasurer stated t~t the .Commissioners should pass a Resolution regarding the salaries that were set by Ordin~ce. Thereupon Commissioner Holloway made a motion that the following Resolution be adopted. ~FHEREAS, there are Ordinances setting the salaries of tb~ Mayor, Vice Mayor and Town Clerk at 925.00 each ?er month and, ~HEREAS, there is an Ordinance settim~ the sala~ of the Chief of Police at ~125.00 per month. NOW, ZHEREFORE BE IT RESOLVED by the Board of Town Commissioners of the Town of Boynton, Florida~ that the salary of the ~ayor, Vice Mayor and Town Clerk b~ reduced to 910.00 each per month and the salary of the ~nief of Police be reducsd to $100.00 per month for the remainder of the fiscal year, commencing with the month o~ F~bruary 1~2. This motion was and duly carried. Town Attorney seconded by Co~_missioner Nutting J. H. Adsmls stated that he k~ad f? examined The Certificate of Indebtedness to the Florida 2ewer & Light Company and that he approved it as to oorreotnash ~of form. Upon motion made by Commissioner Bowen and seconded by Commissioner Nutting, the follow~'~ag Resolution was duly passed and adopted: &PPROVING A PROPOSED FORM OF CERTIFICATE OF INDEBTF~DNESS OF THE TOWN OF BOYNTON TO FLORiD~ PO'~ER & LIGHT COMPA~Z IN ~E AEOUNT OF ONE THOUSAND FIVE HUNDRED TH'iRT~Z~- FF~E AND 78/100 DOLLAP~ ($1,535.V8) COVER- ING INDEBTEDNESS FOR ELECTRIC P0~]ER Eh~ERGY AND SERVICES ~RNISHED TO THE T0~ BY TH.~T C~iP~NY PRIOR T0 DEC~'~ER l, 1931; AUTHORIZING AR-D DIRECTI_~G THE .~AYOR AND THE T0~N CLERK OF ~nND ON BEt~LF OF THE T0~f~ TO E~(ECUTE A~© DELIVER THE SAID CERTIFICATE TO F~0RIDA POF~R & LIGHT BE IT RESOLYED BY~ THE T0~ C0~MISS I0N OF THE TOWN OF ~ BOYkW~0 N, ~0RiD.~: 1. That the proposed Certificate of Indebtedness of the Town of Bo/nton, Florida, to Florida Power & Light Comps_ny, which is s6.t forth in full in Section 2 hereof,.be and the same is hereby approved as to form and substance. 2. That the Mayor and the Town Clerk of and on behalf of the Town be and they are hereby authorized and directed to execute and deliver to Florida Power & Light Company the Certificate of Indebtedness approved in Section 1 hereof and hereinafter set forth in form, words and figures as follows: CERTIFICATE OF IR~DEBTEDNESS THIS IS TO CERTI~k~ that the Town of Boynton, Florida, is indebted to Florida Power & Light Company in the s~mm of ONE THOUSA~D FIVE HUNDRED THIRTY-FIVE sand V8/lO0 Dollars (~t,555.V8) for electric power smd ener~- and sez~ies fur- nished to the said municipality by Florida Power & Light Company from July t, 1931, to November 30, 1931, inclusive, including electric energy and services furnished to tb~ said municipality by Florida Power & Light Company under the Agreements (including Supplementary Agreements thereto, if any) pertaining to street lighting and water p~mlping dated respectively ~arch 2, 1926, sand August 6, 1929, and now in effect between the said municipality and Florida Power & Light Company. AND THIS iS FURT~LER TO CE~TI~VZ that the said munici- pality will pay the said indebtedness of ONE THOUSAR~D FI~E ~Ot~DRED TRIRTY-Fm-VE and VS/lO0 Dollars (~1,535.V8) to Florida Powe~ & Light Company on or before the day of , !932, together with interest thereon ay the rate of seven per cent. (V%) per annum from t~ovember 30, 1931, until fully paid-. in consideration of forbearance ~y Florida Power & Light Company, from date until maturity of this Certificate, from enforcing collection of said indebteSmess, the munici- pality specifically waives its privileges under any statute of limitations in connection ~zith said indebtedness and agrees that the acceptance of this Certificate by Florida Fower & Light Company shall noz affect stay right of said Company to discontinue electric service for non-payment of this or other indebtedness o£ said municipality. II~ ~.~IT~ESS i~-:EREOF the said municipality has caused this instru~tment to be executed by its duly authorized officers mud its corporate seal to be hereunto affixed this day of TO~N OF BO~NTJN~ Florida ~ayor Attest: Clerk _~pproved as To Form and Correctness this day of ,19Z~ Attorney for the Town of Boynton, Florida. Mr. ~narles Senior,~ Manager of the Florida Power & Li~t Company at Delray Bsach, Florida, stated that the Town of Boynton was being charged for five lights that were located in the Town of Boynton Beach. The Con~issi0ners designated the twenty street lights to be left on, a memoranda of which was given to ~r. Senior so that he could draw up the proper contract. ~ Con~issioner Bowen made a motion that the contrast be entered motion was carried. into and dated as of February 1~ 1932. This seconded by Comraissioner Nutting and duly James asked that the Town Taxes on Lots i and 2, Block !, Boynton Heights for the years of 1927 and 1928 be adjusted on the basis of the 1929 tax, waiving all interest ~d penalties on 192V-!9~8-1929-!930 taxes. Con~r~s~ioner Bowen made a motion that the adjustment be made providing Mr. James would also pay the 1980 and 1981 t~xes as assessed and make s~ttlement within~thirty days. This motion was seconded by Co~mlissioner Holloway and duty carried. Request of Mr. H. A. Siebrecht to waive interest and penalties on the following property: North.10t of SE~ of S~ of NE~, Section 33, East of County Road. North 4 acres of SE~- of S~ of NE~, Section 33, East of County Road. Lot 7, Rousseau Subdivision South 530.5~ of North 915~ of E~ of SE~of Section 33, East of County Road. South 530.5' of North 9~ ' of that part of' W~ of S~ of Section 34, V~est of Canal. North ~ of South 536.5' of North l~51.o~ of E~ of SE~, Section 33, East of County Road. z of South 536.5' of North 1451.5~ North ~ of that psat of ~,~ of SV~, Section 34, West of Canal. Comuissioner Nutting made a motion that the interest and penalties be waived on the above described property. This motion was seconded by Co~wnissioner Bowen and duly ~arried. The Treasurer read the following letter from Shelby Buford: ~February 2nd, 1932. Honorable Town Commission Town of Boynton, Boynton, Florida. G~ntlemen:- I have lately been handling, on your behalf, a suit in the Circuit Court of Palm Beach County, to foreclose the special assessment liens upon the property w~thin the Town known as Beverly Hills. Sometime ago, a decree of foreclosure was entered by the Court ordering a sale of the property and setting the amount of fees of your attorney in the case. We had pre- viously agreed upon a fee of 10~ of the amount sued upon. This was the amoum~ allowed by the Count which in figures is $2103.21. It was ow~ arrangement that the amount of the fee in this case should be placed to my credit in the Town Hall to be used in payment of taxes. The sale of the pro- perty was held at the Court House yesterday and I purchased the same in the name of the Totem of Boynton as its attorney in this case. Will you therefore please place the above amount to my credit so that I myyapply the sa~e in payment of some t~xes as early as poss~le. Very truly yours, Shelby Buford~' The Treasurer was instructed to write Mr. Buford asking that he have the state and county zaxes remitted on the property bought in by the Town and to deliver the deed for same, aud to explain to Mr. Buford that the ~o~m could not issue him Tax Receipts at this time owi~ to the fact that the Towua did not b~ave enought money in the General ~nd to transfer the pro rata amount to the Interest & Sinking Fund. Upon motion of Co~missioner Bowen seconded by Co~missioner Holloway and duly carried, the following bills were approved, -and the Treasurer instructed to enter them on the Town Records as Bills Payable, to be paid when funds were available. Southern Bell Tel & Tel Co. (For Nov.) $22.30 F. N. Brown (For Nov.) 50.00 Southern Bell Tel & Tel ¢o. (For Dec.) ~4.20 F. N. Brown " '~ 50.00 Florida Power & Light Co. Delray Beach News ~ w 4V.50 Standard 0il Co. , w 8.23 Dixie Garage " ~ 1.54 Fred E. Fenno " " 28.85 R. M. Hart " ~ 100.O0 Palm Beach Mere. Co. " " 16.50 Austin Supply Co. ~ ~ 5.38 $642.94 Southern Bell Tel & Tel Co. (For Jan.) 20.95 F. N. Brown 50.00 Florida Power & Light Co. 2V8.33 Dixie Garage 1.22 ~astin Supply Co. !.93 Seaboard 0il Co. ~9.91 A Resolution to pay claims was adopted upon motion of Co~issioner Bowen, seconded by Commissioner Nutting and duly carried. The Treasurer was _nstructem to write the Florida Power & Light Company to discontinue the Power Service at the Sewerage Disposal Plant. The Treasurer and Water Snoerzntenment was instructed to go over the matter of connectiong the Fire Siren on the Water power Meters also as to using electric co, rent from the Water Plant for i~ohtmng the Town Jail. The Chief of Police, Mr. Richardson amid Treasurer were instructed to work out a plan to divide the re- spons~bz=zzy of the Water Dept. and to s~omit their plan to the Commissioners for their approval. There .being no further business the meeting ad jour ned. ~ay or Vice ~ayor ~ Town Ch rk