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Minutes 01-21-14 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, JANUARY 21, 2014, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Mayor Lori LaVerriere, City Manager Woodrow L. Hay, Vice Mayor James Cherof, City Attorney David T Merker, Commissioner Janet M. Prainito, City Clerk Michael M Fitzpatrick, Commissioner Joe Casello, Commissioner 1. OPENINGS A. CaII to order - Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6 p.m Roll was called and all members were present B Invocation C. Pledge of Allegiance to the Flag led by Commissioner Merker The invocation was offered by Vice Mayor Hay and Commissioner Merker led the Pledge of Allegiance to the Flag. D. Brand Promise Statement At the Mayor's request, everyone recited the City's Brand Promise Statement. E Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Merker pulled Item 6.E for discussion. Vice Mayor Hay requested Item 6.D be pulled for discussion and added Item 12.0 under New Business, Stormwater drainage on NW 1 Street and other areas 2. Adoption 1 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA January 21, 2014 Motion Vice Mayor Hay moved to approve the agenda as amended Commissioner Merker seconded the motion. Vote The motion passed unanimously. 2. OTHER A Informational Items by Members of the City Commission Commissioner Casello read the following statement "The 22 inches of rain that swamped Boynton Beach overnight on January 9 was a once in every 1,000 year meteorological event according to the National Weather Service. This record rain storm tested all of our resources to the limit, manpower and equipment. City employees did an outstanding job during and after the storm, under the most extreme conditions, keeping the citizens of Boynton Beach safe. I would like to commend our public safety departments, Fire and Police, who worked through the night rescuing residents and cars, and our Utility Department, who, needless to say, worked around the clock to alleviate the results of this storm. In addition, the City Manager was available 24/7. The Communications Manager manned the phones on Friday. She pushed social media notifications on traffic and safety issues and handled press inquiries and the Assistant City Manager, even as of today, continues to assist residents working with State agencies on assessing the damage and pulling Departments together for an after - action meeting. This storm confirmed that we need a better plan of readiness, one that includes educating the public on the responsibilities of local and State agencies during severe weather conditions and providing emergency phone numbers for each. In addition, residents in each district should know how to contact their Commissioners for assistance In light of all this we learned we have another weakness, a City Hall that is not open on Fridays Although emergency numbers were being manned, City Hall was closed upsetting residents. The work week was originally reduced as a cost saving measure during a down economy. It should be noted that building inspectors work on Friday. The Police lobby is also open, but residents are not able to obtain and pay for the records and all of this creates confusion. In light of the overtime that was paid during this storm and the diminished customer service, I am asking the City Manager to bring to this Commission a plan, including financial implications, on reopening City Hall back to a five -day work week, restoring City government back to full time customer service The taxpayers want, demand and deserve it." 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA January 21, 2014 Commissioner Merker went to the first Code Board meeting with the new magistrate. It was very professional, well run and the correct decision. He referred to the many events held in the City and the use of food vendors. A newspaper article reported the concerns of the merchants who rent and pay taxes in the City. The number of vendors allowed at events should be reconsidered and discussed. Walking in the Martin Luther King March was a privilege and an honor. Commissioner Merker experienced a feeling of togetherness during the March The citizens understand the teachings of Martin Luther King, Jr, seeking equality for all groups of people. He looked forward to the next March and was thankful for the invitation He volunteered to assist in furthering the teachings of Martin Luther King, Jr. Vice Mayor Hay concurred with Commissioner Casello's remarks and had added the drainage issue for discussion. He also agreed with Commissioner Merker and noted it was the first time all five members of the Commission participated in the MLK March. Other events attended were the Chamber luncheon and Let's Move Boynton campaign. Vice Mayor Hay congratulated the Utilities Department on a job well done during the recent flooding. He displayed a recent newspaper article with the headline, "Boynton Booming from East to West ". The article indicated Boynton Beach was on the right track with many projects and the place to be. The residents should be proud to live in Boynton Beach. Commissioner Fitzpatrick reiterated his endeavor to get more greenways in Boynton including along canal banks. He had visited the Lake Worth Drainage District annual board meeting for elections and there was a half hour report from the Director on the year's accomplishments. He felt the Lake Worth Drainage District has the situation well in hand. Commissioner Fitzpatrick, Vice Mayor Hay and Commissioner Casello had gone to the Delray Town Hall lecture series about downtown redevelopment and the ingredients for a great city He had also gone to a Seacrest Heights Neighborhood Association meeting, Fire Department Pancake breakfast, Martin Luther King banquet and March, CRA meeting and the 7/50 Summit Meeting in Port Everglades along with Carisse LeJeune and Scott Kline. The 7/50 refers to seven counties and their projections for the next 50 years It was pointed out there are 6 million people in the South Florida area and in 50 years there could be 9 million There is a need for more planning to accommodate the growth. Mayor Taylor had also attended the Chamber luncheon, MLK March, Fire Department Pancake Breakfast and represented Boynton Beach in the Mayor's parade at the South Florida Fair. He thanked Utilities and Public Works for the outstanding job and all their efforts during the unprecedented rain event. 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA January 21, 2014 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Accept the Florida League of Cities Municipal Achievement Award for the "The City of Boynton Beach Heritage Education Program" which is the winning entry in the "Teaching Your City's History and Heritage" category. Presenting the award is the Honorable P.0 Wu, Florida League of Cities President, Councilman, City of Pensacola Hon. P.C. Wu, President of the Florida League of Cities, was impressed with the City. Not many cities have a high school built in 1927 next to an elementary school built in 1913; have 50 historical sites and x -ray cemeteries to find their content. It has been a remarkable job As Councilman for Pensacola he offered Pensacola was the first settlement in North America being settled in 1559 and celebrated 450 years with the King and Queen of Spain present. Pensacola is also the cradle of aviation and home of the Blue Angels. It was an honor for Mr. Wu to present the coveted Municipal Achievement Award for the Boynton Beach Heritage Education Program. The entry won in the category of teaching the City's history and heritage. In recognition of the Viva 500 Year, the award focused on activities designed to celebrate a city's history, honoring people and historical events to make a City unique. Not many cities have a Mangrove Trail in the middle of downtown. Mr Wu presented the award to Mayor Taylor who thanked Mr. Wu for coming to present the award The City is proud of its history and having won such an award. Mr. Wu also acknowledged Warren Adams' work on submitting the entry. Mayor Taylor added the award would not have been possible without the efforts of Mr Adams. Ms LaVerriere advised Mr. Adams is the Historic Preservation Planner and single - handily brought a tremendous preservation program to the City. He deserved all the credit B Present Commendation to Boynton Beach High School for achieving an "A" rating Accepting the commendation is Principal Karen Whetsell Mayor Taylor read the Commendation presented to Principal Karen Whetsell of Boynton Beach High School, for the school attaining an "A" rating, level of excellence. Ms. Whetsell accepted the Commendation on behalf of the best teachers, best staff and best students in Palm Beach County She recognized the staff that were in attendance and thanked the Commission for the support and Commendation C. Proclaim January 2014 as Human Trafficking Awareness Month 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA January 21, 2014 Kimberly Grayber was present to accept the Proclamation for Human Trafficking Awareness Month She advised the Florida Department of Children and Families received 970 reports to their hotline about human trafficking and verified 221 violations There are currently 175 children in custody believed to be involved in the commercial exploitation of children or who have previously been. It is a major problem D Announcement and invitation to attend the ARTaI'FRESCO satellite exhibition at the Boynton Beach Arts District (BBAD) on Friday, January 24, 2014 from 7 p.m. to 1.00 a.m. located on West Industrial Ave., in Boynton Beach Debby Coles - Dobay, Public Art Manager, invited everyone to attend the ARTaI'FRESCO at the Boynton Beach Arts District promoted by Art Palm Beach, an International Art Fair being held at the Palm Beach Convention Center supported by the Cultural Council The event in Boynton Beach is a one night art culture, music and fashion event. There will be a free art bus tour. Its goal is to attract the affluent consumer, the City's targeted age demographic, and generate greater awareness of the City's amenities It will increase cultural tourism and contribute to economic development. E. Announcement of the "Kinetic Art, Year in Review" to be held on Wednesday, January 29, 2014 from 1:30 p.m. to 2:30 p.m at the Boynton Beach City Library as part of the "What's on Wednesday's" program, in collaboration with the Art in Public Places Program Ms. Coles -Dobay announced the event and related two international kinetic artists will be present to discuss the placement of large iconic kinetic public art throughout the world. There is a program in a South Florida Charter School that will showcase their work on the STEAM principle at the 2015 Kinetic Art Symposium It was also pointed out that Ms. Coles -Dobay and two of the international artists would be speakers at the Art Palm Beach Fair at the Convention Center. Mayor Taylor congratulated Ms. Coles -Dobay for being chosen as a speaker. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Jillian Davis, 1037 Coral Drive in Treasure Island, has been a taxpayer in Boynton Beach since 1957. She taught for 50 years and ran a dancing school. She retired in 1983. There have been drainage problems in her neighborhood in the past, but this 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA January 21, 2014 past storm left her entire island a lake. There are no drains. Both the City and Lake Worth Drainage District have denied any responsibility. Commissioner Casello had visited her property. Ms. LaVerriere advised the State Emergency Management had contacted the City and would be making an assessment of the community. A list of damaged properties was being compiled for the possibility of receiving mitigation funds or repair funds for the properties Some very old areas of the City do not have storm drain systems, especially low lying properties. Assessments are being made of the areas so they can be addressed in future capital programs. A city- wide assessment of the storm drain system would cost millions. It has to be done section by section, when funds are available, to attempt to get mitigation plans in place. There are limitations in some areas what can be done. Ms. LaVerriere urged anyone who has damage from the storm to contact the City Manager's office. Ms. LeJeune added the State inspectors would meet with Palm Beach County officials and visit Boynton Beach. The City's Building Inspector has to verify the flood damage so a list can be submitted. Ms. LeJeune stressed any property damage should be reported to the City Manager's office Commissioner Casello commended the City for the continued assistance to the citizens. David Katz, 67 Midwood Lane, lived in the Meadows that experienced some of the heaviest flooding and noted staff quickly drained the entrances. The Mayor and Commissioner Casello assessed the damage. A TV station reportedly asked Commissioner Merker for input and he indicated he did not know where the Meadows development was located Mr. Katz vowed, if Commissioner Merker ran for Mayor, he would compose a letter explaining Commissioner Merker's lack of knowledge on the location of the Meadows Commissioner Merker reiterated prior remarks that ignorance was terrible and stupidity was worse. He asserted it seemed there was a confrontation building between him and Mr. Katz. Commissioner Merker emphasized he would not take negativity lightly and suggested Mr Katz improve his communication skills. He apologized for the need to confront Mr Katz, who was offensive and made ugly remarks. Joyce and Sam Frazier, 2490 NW 1 Street, complained about the inadequate drainage system surrounding her home. She expressed disappointment and anger towards the City of Boynton Beach. The problem has been ongoing and she has voiced her concerns since the 1990s. She requested storm drainage be installed that was refused and swales were dug along the entire street. The creation of the 1 -95 overpass created a larger flood problem The swales have not been maintained. The recent rain resulted in damage to every room of her house Ms Frazier did not have flood insurance because they did not live in a flood zone. 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA January 21, 2014 She contended Gateway Boulevard has storm drains every twenty feet and her home has none. It was a City created problem. Ms. Frazier asked the Commission to support her request for drains along NW 1 Street. Vice Mayor Hay noted he had added discussion on the drainage issue under New Business Mike Simon, Assistant Director of the CRA, announced the beginning of the concert and movie series held January through May. The Movies in the Park series is held at Dewey Park on East Ocean Avenue. It is a free event with food vendors on site. The next concert is scheduled for February 20 featuring a reggae band. It has moved from Friday to Thursday nights from 6 to 8 p m. at the Amphitheater. Mr Simon also mentioned the CRA sponsored a Boutique Market from 10 a.m. to 2 p.m. every Sunday at Dewey Park Doug Brueggemann, 1713 SE 4 Street, representing the Forest Park Neighborhood Association, invited everyone to their monthly meetings held at First Presbyterian Church on the third Wednesday of each month The Association wanted to acknowledge Officer Rita Swan, an integral part of their neighborhood efforts. He also offered thanks to Chief Jeff Katz for continuing the outreach program to the neighborhoods. They requested the following improvements along Seacrest Boulevard from Boynton Beach Boulevard to Woolbright Road: garbage cans and benches at the bus stops and more landscaping and trees along Seacrest. Mr. Brueggemann thanked the entire Commission for their service. Eralia Messin and Andrea Javier, graduate students in Public Administration at Florida Atlantic University, had questions for an assignment. Mayor Taylor was asked for the best advice for a person interested in becoming a civil servant Mayor Taylor had received the question by email and was composing a written response. Commissioner Merker was asked for his perspective, based on the police study findings, if community relations can effectively be improved and public perception changed Commissioner Merker referred the students to Chief Katz to outline his efforts to improve the Department and change the image and perception of the Police Department Commissioner Casello observed that a problem with the Police Department did exist and changes were made from the top down. The new administration has initiated a program of town hall meetings throughout the community to meet with the residents and hear their concerns. The Police Department has become proactive rather than reactive. Dr. Piotr Blass, 113 West Tara Lakes Drive, wished everyone a belated Happy Martin Luther King Day. The community has many outstanding African- Americans and those in other backgrounds. Dr. Blass strongly suggested that FEMA be contacted about the flooding because it is an exceptional natural disaster that could result in additional 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA January 21, 2014 assistance. Mayor Taylor advised FEMA had already concluded there was not sufficient damage. Dr. Blass reiterated he was engaged in research to harness the energy from the gulfstream. A number of students and businesses were studying the energy source to bring prosperity to the City It is part of the work of the emerging University of Boynton. Lori, Jessica and Megan Wilkinson, displayed the Mayor's Award trophy that would be given to the team that wins the Barrier Free Park 5K Run/Walk on February 8 with several competitive events. It is all for a good cause of adding more park equipment. Sponsorship opportunities are still available. Audrey Gerger, 331 NW 1 Avenue, thanked the Commission for supporting historical preservation and commended the organizers of all the events planned throughout the year She thought the Pirates Fest and Holiday Extravaganza were great events No one else coming forward, Mayor Taylor closed public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 2 regulars and 2 alternates Cemetery Board: 1 alternate Education & Youth Advisory Board' 2 alternates, 1 student and 1 student NN Financial Advisory Committee: 2 regular and 2 alternates Library Board: 2 alternates Recreation and Parks Board 1 regular and 2 alternates Planning and Development Board. 1 regular Senior Advisory Board: 1 alternate Veterans Advisory Commission: 2 alternates Motion Mayor Taylor moved to appoint Carmela Nanton as an alternate on the Education and Youth Advisory Board. Vice Mayor Hay seconded the motion Vote The motion passed unanimously. 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA January 21, 2014 Motion Commissioner Casello moved to appoint Lori Wilkinson as an alternate on the Education and Youth Advisory Board. Vice Mayor Hay seconded the motion. Vote The motion passed unanimously Motion Mayor Taylor moved to appoint Carmela Nanton as a regular on the Building Board of Adjustments and Appeal. The Board has had difficulties maintaining a quorum and Ms. Nanton indicated she would serve on two boards. Commissioner Merker seconded the motion Attorney Cherof advised appointment to two boards had been done. There are conditions and members cannot serve on two quasi - judicial boards Vote The motion passed unanimously. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A Approve the piggyback of the Town of Jupiter's bid for painting with Hartzell, Inc Bid JW 10 -26 with the same terms, conditions, specifications and pricing for painting of six (6) master lift stations per proposal from Hartzell in the amount of $25,310.30. B. Accept the written report to the Commission for purchases over $10,000 for the month of December 2013. C Approve modifications to the Recreation & Parks Department's personnel allocation and organizational chart for the FY 13/14 budget D PROPOSED RESOLUTION NO. R14 -010 - Delegating authority to a canvassing board consisting of the City Clerk of the City of Boynton Beach and 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA January 21, 2014 the Palm Beach County Supervisor of Elections for the March 2014 Municipal Election Vice Mayor Hay commented there were two viable candidates for the vacancies and the City could save over $60,000 if an election was not necessary. Motion Vice Mayor Hay moved to approve Proposed Resolution No R14 -010. Commissioner Casello seconded the motion. Vote The motion passed unanimously. Commissioner Casello indicated the City Clerk's office had to prepare for an election even though the final date for filing is February 11, 2014. In the future he would be proposing the qualifying dates be changed to allow more time between qualifying and the election. City Clerk Prainito advised the qualifying period is set by law and there is ongoing discussion about possible changes to that law. E. Approval of a Commercial Interior Build -out Grant in the amount of $15,000 and a Commercial Rent Reimbursement Grant in the amount of $12,000 to VWF Imports, Inc. Joey's Home Bakery Gluten Free Commissioner Merker inquired about the address of the business. Scott Kline, Economic Manager, advised the owners were present. The business was a startup. Joey Weiss, owner of VWF Imports, Joey's Home Bakery Gluten Free, responded the location of the business was 1532 SW 8 Street. She explained the baked goods were all gluten free and prepared exclusively at the location Mr. Weiss thanked the Economic Development Department and the entire Building Department for assisting them with the project. It is the only fresh baked gluten free bakery in all of Southeast Florida. The owners felt very welcomed into the City of Boynton Beach from the submission of the initial plans to completion of renovations. Motion Vice Mayor Hay moved to approve the grants. Commissioner Merker seconded the motion. 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA January 21, 2014 Vote The motion passed unanimously. F. Approve the minutes from the Regular City Commission meeting held on January 7, 2014 7. BIDS AND PURCHASES OVER $100,000 None 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None 10. CITY MANAGER'S REPORT None 11. UNFINISHED BUSINESS None 12. NEW BUSINESS A. Discussion regarding Commission attendance at Palm Beach County Day in Tallahassee on March 4 - 5, 2014 Ms. LaVerriere explained the Palm Beach County League of Cities coordinates a day in Tallahassee for municipalities to discuss legislative purposes. The lobbyists also set aside the days to meet with the Palm Beach County delegation She encouraged the City to participate since there is an adopted legislative agenda There are funds in the budget to send an official. The travel policy dictates any travel by elected officials has to be approved by the Commission for the expenditure of the funds and decide on the delegate. 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA January 21, 2014 Mayor Taylor proposed he was willing to attend as Mayor with the City Manager to meet one -on -one with the representatives and lobbyists to convey the interests of the City of Boynton Beach. Commissioner Merker volunteered to attend and felt he would be an asset. Commissioner Casello noted March 4 is a Commission meeting date. Mayor Taylor indicated it would be important that the rest of the Commission be present for the meeting. Commissioner Merker contended the City Manager should be present for the Commission meeting especially in the absence of the Mayor. Commissioner Merker did not have an issue with Ms. LaVerriere going to Tallahassee, but he reiterated his desire to attend. Mayor Taylor noted there was an Assistant City Manager who could fill in for the City Manager. Commissioner Merker countered there is also a Vice Mayor and other Commissioners Mayor Taylor pointed out there was limited funding available and Commissioner Merker argued there were sufficient funds available Ms. LaVerriere recalled $1,500 was funded for the Palm Beach County Days It will cost approximately $1,200 with air fare, hotel accommodations and registration Commissioner Casello offered it was important to have the Mayor and City Manager in attendance at the Palm Beach Days and the rest of the Commission remain in the City. Vice Mayor Hay concurred it was important the City Manager and Mayor attend the event based on the availability of funding. He would also like to attend, but thought the remainder of the Commission should carry on the business of the City in their absence. Motion Vice Mayor Hay moved to approve the Mayor and City Manager attending Palm Beach County Days in Tallahassee. Commissioner Casello seconded the motion. Vote The motion passed 4 -1 (Commissioner Merker dissenting). B Evaluate potential property acquisition from Palm Beach County near Lake Ida Park Commissioner Fitzpatrick recalled in 2004 there was a greenways plan for the City of Boynton Beach that has been dormant. The proposed acquisition is a portion of the plan that could be easily implemented If purchased, the property would provide a node 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA January 21, 2014 that would link Lake Ida Park and the Dog Park with Caloosa Park and ultimately provide access to the Dog Park to Hunters Run, Golfview Harbor and Chapel Hill developments. Another option would be to sell the four acres to private development that would increase the revenue from property taxes; however, services would have to be provided Commissioner Fitzpatrick asserted acquisition would increase the property values of over 1,000 homes without additional services The population in South Florida is predicted to increase by 50 %. If the quality of life is improved, the City would attract indivduals with higher incomes. He argued the acquisition could only benefit the City and proposed an offer to the County be made for $100,000 for the four acres of lake front property. The property would stay in public use and link the two County parks. There could be a clause that any future sale by the City would result in the County receiving the profit over the purchase price. Commissioner Fitzpatrick recalled the matter had been discussed during the budget workshop and he had moved to increase the millage rate to 7.9 so money could be held in reserve anticipating there would be funds available for the purchase. Commissioner Merker interjected that he had suggested the millage rate be increased to 7 9 and it was on the record. Vice Mayor Hay did not object to the acquisition of the property, but was concerned with the access to the property. He had visited the site and could not gain access. The other question related to the maintenance costs. Commissioner Fitzpatrick responded the property was being sold for a lower price because the value was $200,000 to $300,000. It is not a legal requirement that access be given to a land- locked parcel. The 23 acres to the north was the former Grimes factory that made lights for airplane wings The airline industry collapsed after 9/11 and the business was abandoned. The 23 acres was then rezoned as residential with the anticipation of development. Commissioner Fitzpatrick thought if the City controls the development, access could be negotiated. In regard to maintenance, there had been contact with the Environment Resource Management Director, Roy Robins, and the size prohibited their involvement with the property. Mr Robins would help find the expertise and funding to re- contour the shore to make a more natural lake and plant native species that would be less expensive maintenance. Vice Mayor Hay understood the 1 /10 increase in the millage rate would be placed in reserves, but not necessarily to purchase this particular piece of land. Ms. LaVerriere reported there was discussion at the budget workshop and Commissioner Fitzpatrick 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA January 21, 2014 had expressed his proposal for the use of the funds, as did the other Commissioners. The ultimate motion was to increase the millage, but the funding was not appropriated to any specific project. It would, by default, go into the fund balance. It could be used at the direction of the Commission. Commissioner Merker indicated the maintenance at existing parks is a priority. The proposed purchase is a nice idea. The funding is the issue. Commissioner Merker understood the 1110 millage increase was for savings. The City has improved its status and hopefully it would continue to improve. According to Commissioner Merker, it was the Commission's obligation to maintain the existing stock of parks. The beach has been improved and should be developed with new ideas. He did not feel it was the appropriate time to buy more property to be maintained. Mayor Taylor shared Commissioner Fitzpatrick's desire for more green space. He complimented Commissioner Fitzpatrick on the data he had gathered, meetings with County officials and the report and information submitted. Mayor Taylor thought the negotiation to purchase the property from the County for $100,000 could be pursued. Access does remain an obstacle and the City Attorney should explore the possibilities. Mayor Taylor explained the possibility of building a bridge would involve dealing with the Lake Worth Drainage District who has historically refused to release any land. Mayor Taylor encouraged Commissioner Fitzpatrick to continue with his pursuit to purchase the property. Commissioner Casello commended Commissioner Fitzpatrick on the materials submitted and the historical research of the property uses. With a view to the future, available land cannot be manufactured. The ability to land bank the property for a fair price should be considered. He encouraged Commissioner Fitzpatrick to continue his work on the issue and return to the Commission with further information on the possibilities. Vice Mayor Hay echoed Mayor Taylor and Commissioner Casello's remarks on the extensive materials submitted. It was an outstanding job. Vice Mayor Hay added it was not a need, rather an opportunity to control future development. Mayor Taylor suggested there may be funding from Recreation and Park impact fees that could be utilized rather than reserve funds. Commissioner Merker asked for the recommendation of the Recreation and Parks employees or any other department Commissioner Casello offered it may be premature since the purchase price has not been established. Commissioner Merker argued it was not a moot point and the opinion of employees involved in parks should be considered 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA January 21, 2014 Vice Mayor Hay pointed out input from all sources would be reviewed. The Commission remains the elected officials who make the final decision, not staff. Commissioner Merker agreed, if all the information was considered, before the negotiations were undertaken blindly. Commissioner Fitzpatrick asked the City Attorney if access to the site could be made a condition of approval of any development plans. Attorney Cherof advised there were legal ways to achieve access to land- locked property. The specific facts would control the use of a specific property. It is probably doable. Commissioner Fitzpatrick felt confident there were other strategies that could be used to gain access. Commissioner Fitzpatrick was surprised by Commissioner Merker's lack of support for the purchase, since it had been fully discussed when both were candidates for office. Commissioner Merker disagreed and noted he simply listened and never committed to the purchase He was not against the purchase at this point, but wanted more input from staff Commissioner Fitzpatrick wanted direction from the Commission to instruct staff to negotiate with the County to purchase the property. Motion Commissioner Casello reinforced Commissioner Fitzpatrick's efforts to negotiate with the County and come back with a final price and return to the Commission for a final decision. Commissioner Fitzpatrick seconded the motion. Commissioner Merker inquired who would negotiate the purchase since it did not appear it was within Commissioner Fitzpatrick's expertise and a professional should be present. Commissioner Fitzpatrick took offense to the statement. He offered the City Attorney should be instructed to draft a resolution and continue discussions staff -to- staff. Commissioner Casello seconded the direction. Vote The motion passed 4 -1 (Commissioner Merker dissenting). C. Discussion of drainage issues on NW 1 Street. Vice Mayor Hay wanted to emphasize the issue previously reported. He had investigated and assisted residents during the flooding Obviously drainage is needed in the area He was aware a study was being done and funding for the entire project would not be available However, some remedial efforts should be undertaken to correct the worst areas that were revealed during the recent storm throughout the entire City of Boynton Beach. 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA January 21, 2014 Mayor Taylor explained the City previously owned the road from 1 -95 to US 1. He convinced the County to take the road back from the City. The County then widened the road and installed the drainage, landscaping, curbs and gutters at the County's expense After it was completed, the County returned the road to the City for maintenance Commissioner Fitzpatrick commented there are two ridges running north and south through Boynton Beach that were dunes from the ocean front. In the southern part of the City two lots were converted to a retention area to alleviate the flooding. There are some areas that were flooded most of the year that should have never been developed. He did not want to give false hope that all areas can be fixed without clearing some lots for retention areas If the areas are naturally lower, the water cannot flow uphill. Vice Mayor Hay questioned if the City had any input in the determination of flood zones. Ms. LaVerriere understood the federal government through FEMA establishes flood zones used by the insurance company. Insurance is required if a home lies within a flood zone It is optional for the homeowner that lives outside a flood zone. Commissioner Merker remarked homeowners do not read the policies carefully and understand the exemptions and needs for coverage. 13. LEGAL A. PROPOSED ORDINANCE NO. 14 -001 - FIRST READING - Approve Ordinance amending City Code of Ordinance Sections 10 -50 and 10 -52 regarding Abandoned Property. Attorney Cherof read Proposed Ordinance No. 14 -001 by title only on first reading. Motion Vice Mayor Hay moved to approve. Commissioner Merker seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5 -0. B. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney- client session of the City Commission either before or after the February 4, 2014 City Commission meeting to discuss pending litigation in the following case: OLEN PROPERTIES CORP., a Florida Corporation; SECURED HOLDINGS, INC., a Foreign Corporation, et al, Plaintiffs vs. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA January 21, 2014 QUANTUM PARK PROPERTY OWNERS' ASSOCIATION, INC., a Florida Not - For - Profit Corporation, CITY OF BOYNTON BEACH, FLORIDA, et al , Defendants - Case No 502013CA007694XXXXMB AH. There was discussion and consensus that the session would be held at the conclusion of the next the meeting, February 4, 2014. Attorney Cherof advised the members of the Commission, City Manager and he would be present for the session. C. PROPOSED ORDINANCE NO. 14 -002 - FIRST READING - Approve Ordinance rescinding Ordinance 13 -014 which changed the land use designation for a parcel of land located at 125 East Ocean Avenue from Public and Private Governmental /Institutional (PPGI) to Mixed Use (MX), restoring Public and Private Governmental /Institutional (PPGI) land use to the property. Attorney Cherof read Proposed Ordinance No. 14 -002 by title only on first reading. Motion Vice Mayor Hay moved to approve Commissioner Merker seconded the motion. Commissioner Casello inquired if the change would enhance the value of the property. Mayor Taylor explained the change had been made to assist the developer. Those plans did not materialize and the use was being returned to its original designation. Commissioner Fitzpatrick expressed concern if the matter should remain status quo pending the law suit that was filed Attorney Cherof advised the item would not be on the agenda if he determined the property use should remain the same. In his opinion it would be better to conform the land use to what was previously in place. The contemplated public and private partnership and transfer of the property never occurred. There would be no reason to leave the use as modified for that specific purpose. Vote City Clerk Prainito called the roll. The vote was 5 -0. 14. FUTURE AGENDA ITEMS A Replacement of Storage Area Network (SAN) to connect networks and servers and meet customers' needs for data storage (in the ITS Strategic Plan) - 02/04/14 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA January 21, 2014 B Request for purchase of " SeeClickFix" for cloud -based 311 /Citizen Reporting Services which allows our citizens access to the SeeClickFix portal from any Internet -based device (in ITS Strategic Plan) - 02/04/14 C. Amending the Plan Review fee in the Building Division fee schedule as an additional incentive for development - 02/04/14 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" The Brand Promise Statement was recited by those present 16. ADJOURNMENT There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:33 p m. CITY OF BOYNTON.QEACH Jerry T. lor, M or i Wao - • . a Vice- fcrayor Davi. T. Mer ichael Fitzp rich Co -'ssio er J!- Casello, Commissioner ATTEST. I: L/ • iL_: T - t M Prainito, MMC y Clerk t ir 1 ', /dith A. Pyle, CM • Deputy City Clerk 18