Minutes 04-16-14MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY,
APRIL 16, 2014, AT 5:30 P.M. IN COMMISSION CHAMBERS, CITY HALL,
100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA
PRESENT:
Jerry Taylor, Mayor
Joe Casello, Vice Mayor
David T. Merker, Commissioner
Mack McCray, Commissioner
Michael M. Fitzpatrick, Commissioner
1. OPENINGS
Lori LaVerriere, City Manager
Shana Bridgeman, Assistant City Attorney
Janet M. Prainito, City Clerk
A. Call to order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Mayor Taylor
Mayor Taylor called the meeting to order at 6:30 p.m. The invocation was given by
Pastor Dave Simiele from Christ Fellowship Church, followed by the Pledge of
Allegiance to the Flag led by Mayor Taylor.
The Brand Promise Statement was recited as follows: "It is time to take a look at
Boynton Beach. Boynton Beach is a creative haven embracing artists, writers,
entrepreneurs and dreamers."
E. Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Taylor requested Item 12.A be moved forward on the agenda to be addressed
after the announcements.
Motion
Commissioner Merker moved to approve the change. Vice Mayor Casello seconded
the motion.
Vote
D. Brand Promise Statement
The motion passed unanimously.
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APRIL 16, 2014
Commissioner Fitzpatrick requested to add a Future Agenda Item for May 15 to
discuss a regulation to set aside six acres per thousand new residents. He also
requested Item 6.0 be pulled for discussion.
Vice Mayor Casello asked another Future Agenda Item be added to have an
informational report on merging the Community Redevelopment Agency with the City to
work together as a team. Mayor Taylor did not support merging the two entities;
however, he was willing to discuss the issue.
2. Adoption
Motion
Commissioner McCray 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 McCray had the attended two groundbreaking ceremonies and the
presentation of the donation by Wells Fargo of grant monies for District II for $458,600.
He had gone to the funeral for former Commissioner Carlton B. Moore in Broward
County who had served with the League of Cities. The Chamber of Commerce
luncheon, Village Royale on the Green meeting and Town Hall meeting with Chief Katz
were other events Commissioner McCray had attended. He met with the Director of
P2P (Pathways to Prosperity) and was present for the ribbon cutting for the Christ
Fellowship Church and morning services. The Delta Sigma Beta, Inc. awards ceremony
for excellence held at St. John Missionary Baptist Church was stellar and involved
middle and high school students from Boca, Delray, Boynton Beach and Lake Worth.
Commissioner Merker indicated he had gone to the opening of the Christ Fellowship
Church. In history, on April 16 President George Washington was inaugurated and
newscaster, Walter Cronkite had his first program. Remarks were offered on the
subject of drug addiction and the possible drug testing for all elected officials. The
participation of the elected officials would be an indication of the equality of all citizens.
Commissioner Merker offered his own drug test results for inspection to represent
openness.
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APRIL 16, 2014
Vice Mayor Casello had gone to the groundbreaking for the Marina Harbormaster
building. He volunteered at the Links for the Play for Pink tournament to raise funds for
breast cancer. The event garnered over $6,000 this year and congratulations were
offered to Ron Tapper, Golf Manager. The Chamber of Commerce Luncheon and Chief
Katz's community outreach Town Hall meeting at Village Royale on the Green were
other events attended. The children's memorial balloons outside City Hall were
mentioned that represented the 123 children who had lost their lives due to domestic
violence. Everyone should be more diligent in reporting suspected abuse.
Commissioner Fitzpatrick had attended several of the functions mentioned. He visited
County Commissioner Jess Santamaria and County Manager Bob Weisman to discuss
the four, waterfront acres on Lake Ida. Commissioner Fitzpatrick had gone to the
economic stake holders' breakfast and the COP (Citizen's On Patrol) picnic. Other
events included the CRA groundbreaking at the Marina, Chamber of Commerce
luncheon and the Wells Fargo contribution for Heart of Boynton improvements.
Next Tuesday would be Earth Day and shortly after the American Eagles were saved in
1962 from extinction, the environmental movement began and about ten years ago
peaked. It has been declining since that time due to lack of support. Commissioner
Fitzpatrick opined a book entitled "The Sixth Extinction" represented the plight of the
environmental movement and he had purchased 50 books to be distributed to various
individuals and organizations to enlighten as many minds as possible. He hoped the
book would be re -gifted to extend the knowledge to as many others as possible. He
created a web page to track the books as they progressed.
Vice Mayor Casello announced the Firefighters Fishing Tournament and Chili Cook off
would be held April 19 at Harvey Oyer Boat Club Park.
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcement by Recreation & Parks Director Wally Majors regarding the
"Spring EGG - stravaganza" event, which will be held at Barrier Free Park on
Saturday, April 19 from 10 a.m. to 1 p.m.
Wally Majors, Director of Recreation and Parks, announced the annual "Egg -
stravaganza" to be held on April 19 at Barrier Free Park from 10 a.m. to 1 p.m. It is
free to all children from age one to 12 years old. Peter Cottontail would be present.
B. Proclaim April 27 to May 3, 2014 as Preservation Week. Susan Swiatosz, City
of Boynton Beach Library Archivist, will accept the proclamation.
Mayor Taylor proclaimed April 27 to May 3rd as Preservation Week and presented the
Proclamation to Susan Swiatosz. Ms. Swiatosz thanked the Commission on behalf of
the entire Library staff for all the continued support.
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APRIL 16, 2014
C. Proclaim April 24, 2014 as Arbor Day. Glenda Hall, the City of Boynton Beach
Forestry & Grounds Manager will be accepting the Proclamation.
April 24, 2014 was proclaimed as Arbor Day and the Proclamation was read and
presented to Glenda Hall, Forestry & Grounds Manager. She announced an Arbor Day
celebration would be held at the Barrier Free Park at 8:45 a.m. and 8 grade students
would plant seven flowering trees.
D. Proclaim the week of April 13 -19, 2014 as National Telecommunicators Week.
Accepting the proclamation on behalf of the City of Boynton Beach is
Dispatcher Joseph Viggiano.
Mayor Taylor recognized April 13 to 19th as National Telecommunicator Week and
presented the Proclamation to Dispatcher Joseph Viggiano. Chief Katz extended his
appreciation to the Communication personnel whose voices are the lifeline for staff and
the citizens of Boynton Beach.
E. Proclaim the month of May 2014 as National Mental Health Month. Accepting
the proclamation is Gerda Klein, Chair of the Boynton Beach Health Initiative.
May 2014 was proclaimed National Mental Health Month in Boynton Beach. Mayor
Taylor presented the Proclamation to Gerda Klein, Chair of the Boynton Beach Health
Initiative. She thanked the Commission for continuing to support their grassroots
initiative and promote awareness and break the silence of mental illness. There is a
new training program for key mental health members of the community.
F. Proclaim April 2014 as National Child Abuse Prevention Month. Accepting the
proclamation is Kemberly Bush, Executive Director of Pathways to Prosperity.
Child Abuse Prevention Month was recognized with a Proclamation. Kemberly Bush,
with Pathways to Prosperity, was present to accept the Proclamation read by Mayor
Taylor. She advised all children deserve to grow up healthy, safe and strong.
G. Proclaim the month of April 2014 as the Mayor's Recognition of National
Service and Literacy Americorps Month. Accepting the proclamation is Audrey
McDonough, Director of the Literacy America Palm Beach County.
Mayor Taylor read the Proclamation for April 2014 as National Service and Literacy
Americorps Month. Many of the Americorps members were present to accept the
Proclamation. Ms. Audrey McDonough, Director of Literacy America, Palm Beach
County, recognized the members present who serve at the Boynton Beach Library and
schools. She thanked the Commission for its support.
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H. Proclaim April 22, 2014 as Earth Day and April 21, 2014 through April 26, 2014
as Earth Week. Accepting the proclamation on behalf of the City's Sustainability
Team is Carisse LeJeune, Assistant City Manager.
Earth Day and Earth Week were recognized with a Proclamation read by Mayor Taylor
and accepted by Carisse LeJeune, Assistant City Manager, on behalf of the
Sustainability Team. She pointed out there were events being held throughout the
week including a Bird Walk, Old Dixie Eco Walk, Butterfly and Native Plant ID, Historical
Preservation and Specimen Tree Walk and a Conservation Exchange. The
Sustainability Team was thanked for their efforts in putting the week's activities
together.
I. Proclaim April 2014 as Water Conservation Month. Accepting the proclamation
is Chris Roschek, Interim Utilities Director.
Laura Curry with Historic Florida Management was present to accept the Proclamation
for Water Conservation Month. She thanked the City for being a partner in conserving
water.
J. Proclaim April 2014 as Autism Awareness Month. Accepting the proclamation
is Merrell Angstreich, Director of Communications & Grants, and Bairbre Flood,
Family Support Coordinator for The Arc of Palm Beach County.
Mayor Taylor read the Proclamation for Autism Awareness Month. Ms. Flood and Ms.
Angstreich accepted the Proclamation and Ms. Flood explained the many services
provided for the children and families of children with disabilities. She thanked the
Commission for their support.
12. A. Discussion regarding the establishment of a Mental Health Advisory Board
per the request of Mayor Taylor at the April 1, 2014 City Commission Meeting.
(This item was moved from New Business)
Mayor Taylor indicated he had proposed the item be added to the agenda • for
discussion. It was pointed out that a committee structure would be preferred rather than
an advisory board so dialogue between members would be possible.
Commissioner Fitzpatrick applauded Mayor Taylor's initiative and would support his
recommendation.
Vice Mayor Casello inquired about the qualifications for members of the committee and
Mayor Taylor replied he hoped members of the community would volunteer and those
with experience in the field. Ms. Gerda Klein had expressed an interest in serving.
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Commissioner Merker opined the idea was excellent, but wanted to be sure the full
spectrum of problems, including cognitive impairment with aging, was considered.
Alzheimer's can destroy a family. Commissioner Merker volunteered to be part of the
committee if Commission participation was needed.
Mayor Taylor had a guide that had been prepared and copies would be distributed to
the Commission and interested parties.
Commissioner McCray totally approved of the idea and being proactive in dealing with a
community problem before it is too late.
Mayor Taylor opened the issue for public comment.
John McGovern, 3929 Palladium Lake Drive, thought it would be a great day to hear
human services as an important aspect of life discussed by the Commission of the City
of Boynton Beach. It is a crisis in the State of Florida with budget cuts and elder affairs
in the State are atrocious. There is a great need for vigilance in the community for both
children and seniors.
Woodrow Hay, 427 NW 5 Avenue, was in full support of the initiative. He mentioned
Ron Washam would volunteer to be on the committee and Mr. Hay volunteered to
serve.
Dr. Seth Bernstein, a member of the Action Alliance for Mental Health, was very
supportive of the proposed citizen action committee. It would be a bold step for a
municipality. He would assist with the formation of the committee if needed. He felt
City officials, school and business leaders, law enforcement, clergy, consumers and
mental health providers could be included. They would have positive recommendations
to help the residents in Boynton Beach.
Debbie Locandro, the mother of a mentally ill, addicted son and a member of NAMI
(National Alliance of Mental Illness), suggested a member of that organization be on the
committee. The organization would be very supportive of the Commission's efforts. Liz
Downey is the Director of the Palm Beach County organization.
Motion
Vice Mayor Casello moved to establish a Mental Health Committee. Commissioner
McCray seconded the motion.
Vote
The motion passed unanimously.
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Mayor Taylor thought there should be a minimum of five members on the Committee, if
not more. Commissioner Merker felt the initial outline should only be five people or
seven to make sure professionals are included as well as citizenry. Mayor Taylor
agreed and indicated he was pleased Mr. Hay agreed to serve on the committee.
Commissioner McCray thought waiting to see how many people were interested may be
prudent. If there is a large number of interested parties, subcommittees could be
established. Mayor Taylor asked that those interested contact the City Clerk's office for
presentation to the Commission.
Commissioner Fitzpatrick questioned if goals had been established. Mayor Taylor
advised suggested goals were outlined in the packet of information that would be
distributed.
Motion
Commissioner Merker moved to have seven committee members. Commissioner
McCray recalled the agreement was to first see how many individuals were interested
before a definitive number is set. Mayor Taylor felt the initial seven could make the
recommendation that others be added.
Motion
Commissioner McCray moved to start with seven, but leave room for additions to be
made. Commissioner Merker seconded the motion.
Vote
The motion passed unanimously.
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)
LeRoy Allen, 316 NE 12 Avenue, sought assistance with the home located at 324 NE
12 Avenue, a vacant house, which did not have a roof and had been burnt. The lawn
and hedges had not been trimmed. He wanted something done. It had been vacant for
two years. Mayor Taylor advised the matter would be investigated.
John McGovern, 3929 Palladium Lake Drive, addressed the issue of annexation and
contended the boundary lines should be more even. He asked the status of a study on
annexation, specifically for Districts I and IV. He suggested a timeline be established.
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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: 1 regular and 2 alternates
Cemetery Board: 1 alternate
Education & Youth Advisory Board: 1 student and 1 student NN
Financial Advisory Committee: 2 regulars and 2 alternates
Golf Course Advisory Committee: 1 alternate
Historic Resource Preservation Board: 2 regulars and 1 alternate
Library Board: 2 alternates
Recreation and Parks Board: 1 alternate
Senior Advisory Board: 1 alternate
APRIL 16, 2014
Mayor Taylor replied he had initially agreed with the concept; however, it met with
opposition from the residents. At least 50% of the residents have to agree to
annexation. There would be some initial cost to the City. Mr. McGovern requested
further information on the topic.
Mr. McGovern agreed with Commissioner Merker's support of drug testing, but his
reasoning differed. He asked the status on the random testing of employees and
contended both testing scenarios should be undertaken by the City.
Further, Mr. McGovern argued the change of land use designation for the Old High
School to assist with the pending litigation was not appropriate. He did agree with not
changing the historic designation of the Old High School.
Susan Ross, Development Officer for the Schoolhouse Children's Museum and
Learning Center reported on the inaugural Princess and Super Heroes Day being a
great success with 400 guests in attendance. Many were new visitors to the facility and
the community, a result of new marketing activities. Secondly, the Great Give would
take place on May 6 coordinated by the Community Foundation and the United Way.
It is a 24 -hour endeavor to ensure as many as possible support local non - profits. She
encouraged everyone to support the Museum and other organizations.
Gary Shook, 185 27 Place, expressed concern with the water system. He asserted
fluoride was a cancer causing agent and inhibits memory and learning. Mr. Shook
asked that the fluoride in the water system be investigated and should be discontinued.
Commissioner Merker had heard the same reports. He suggested the State and
Federal governments be contacted for a definitive explanation on the assertion.
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Veterans Advisory Commission: 2 alternates
Commissioner Merker tabled his regular appointment to the Arts Commission.
Motion
Commissioner McCray moved to appoint Will Hatcher as an alternate on the Arts
Commission. Commissioner Merker seconded the motion.
Vote
The motion passed unanimously.
Motion
Commissioner Fitzpatrick moved to appoint Rachael Mondesir as an alternate member
of the Arts Commission. Commissioner McCray seconded the motion.
Vote
APRIL 16, 2014
The motion passed unanimously.
Vice Mayor Casello tabled his appointed of a regular to the Historic Resource
Preservation Board
Motion
Commissioner McCray moved to appoint Stuart Preston as an alternate on the Senior
Advisory Board. Vice Mayor Casello seconded the motion.
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 purchase of an additional Storage Area Network (SAN) server and
associated licensing to expand the Police Department VMware Infrastructure
from Flagship Solutions Group of Boca Raton, FL based on piggy- backing the
State of Florida Contract # 250 - 000 -09 -1 in the amount of $27,316.88.
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B. Approve the one -year extension for RFPs /Bids and /or piggy -backs for the
procurement of services and /or commodities as described in the written report -
"Request for Extensions and /or Piggybacks ".
C. PROPOSED RESOLUTION NO. R14 -033 - Approve and authorize signing of
an Agreement for Water Service outside the City Limits with Suzan Horsford for
the property at 1035 Peak Road, Lantana, FL.
Commissioner Fitzpatrick had pulled this Item for discussion. He pointed out the
agreement had a requirement to accept annexation into the City and questioned if it had
ever been enforced. Ms. LaVerriere was not aware of any attempts. Mayor Taylor
recalled there had been, but the resident fought the possibility. Ms. LaVerriere noted
annexation would be part of the next strategic plan meeting. The clause is contained in
all water service agreements outside the City.
Motion
Commissioner Fitzpatrick moved to approve Item 6.C. Commissioner Merker seconded
the motion.
Vote
The motion passed unanimously.
D. PROPOSED RESOLUTION NO. R14 -034 - Approve Amendment 1 to the
Florida Department of State, Division of Historical Resources Grant Award
Agreement for the Heritage Education Grant No.: F1303 and authorize the City
Manager to execute Amendment 1 on behalf of the City.
E. Approve the minutes from the Regular City Commission meeting held on April
1, 2014
F. Approve the modification /changes to the personnel allocation for the Police
Department (2110) for the FY 13/14 Budget adding Forfeiture Specialist - Part
Time classification to Pay Plan; and reclassification /title change of Evidence
Technician (2 full -time) positions to Forfeiture Specialist positions (1 full -time, 1
part- time); and reclassification of (1) Part-Time Police Records Technician to
(1) Full -Time.
G. Approve the modifications /changes to the personnel allocation for the Utilities -
Meter Reading & Services Division (401 -2814) for the FY13/14 Budget by
adding Utilities Meter Technician classification (Pay Grade 12) to the City's pay
plan and reclassification of vacant Crew Worker, Senior positions (Pay Grade
7) to Utilities Meter Technician classification up to four (4) positions.
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H. Accept the written report to the Commission for purchases over $10,000 for the
month of March 2014.
7. BIDS AND PURCHASES OVER $100,000
A. Award the "BID FOR REPAIRS AND EMERGENCY SERVICES FOR WATER
DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER
UTILITY SYSTEMS ", Bid No. 026- 2821- 14 /JMA for a two (2) year period to
Madsen /Barr Corporation as the Primary Vendor and D.S. Eakins Construction
Corporation as the Secondary Vendor. This bid will be utilized on an "AS
NEEDED BASIS" with an estimated expenditure of $250,000 for the two year
period.
Motion
Vice Mayor Casello moved to approve the Item 7.A. Commissioner McCray seconded
the motion.
Vote
The motion passed unanimously.
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.
10. CITY MANAGER'S REPORT
A. Accept the Art In Public Places (AIPP) Strategic Plan presentation and four (4)
year update report.
Debby Coles - Dobay, Public Arts Manager, gave an update on the 2010 Strategic Plan
with a PowerPoint presentation. Public Art contributes to the Strategic Plan, enhances
the positive imaging of Boynton Beach and the branding goals. She thanked the
Commission for supporting the program and the Arts Commission for their hard work.
There have been many positive results from the art created for the City.
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The impact fee is 1% of development/redevelopment on construction projects that
exceed $250,000. The public art budget represents 70% of the 1% and 30% of the 1%
covers operation expenses for the Art in Public Places program.
The definition of public art was given. It has to be publicly accessible, temporary or
permanent, enhances the public environment and creates place making. Economically
art impacts jobs, income and revenue. Boynton Beach is one of 60 programs in Florida
and 500 nationally. The location of public art was displayed and it was noted it has
been an aggressive program. Several examples were reviewed for entrances to
Boynton Beach, murals throughout the City, free tours, artist receptions and many
pieces on display in various venues. Eco Art through the green building programs has
been integrated into the infrastructure and enhances public spaces. Much of the new
art reflects the new branding statement and it has been integrated into the Downtown
Master Plan.
There is a thriving Arts District along Industrial Avenue. Many of the parks include art
that is integrated into their design. Events and programs have been held to enhance
existing programs and show what is unique to Boynton Beach and the multi - cultural
benefits of art to attract businesses and residents.
The Avenue of the Arts program can be expanded in the future and continuation of the
educational program helps to build relationships with the Art community. The Kinetic Art
Symposium was held in 2013 and there are plans for the 2015 event on February 6 — 8,
2015. It is important to include artists in the design teams for projects to get the most
efficient use of space and funding for the art and the entire development.
Mayor Taylor appreciated the update and commended Ms. Coles -Dobay on her
accomplishments.
Motion
Commissioner McCray moved to accept the strategic plan update. Commissioner
Fitzpatrick seconded the motion.
Vote
The motion passed unanimously.
11. UNFINISHED BUSINESS
None
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12. NEW BUSINESS
A. Discussion regarding the establishment of a Mental Health Advisory Board per
the request of Mayor Taylor at the April 1, 2014 City Commission Meeting.
(Moved up and discussed earlier in the meeting.)
13. LEGAL
A. PROPOSED ORDINANCE NO. 14 -005 - SECOND READING - PUBLIC
HEARING - Approve the historic designation application for the Lake Boynton
Estates Entry Feature located at 569 West Ocean Avenue, Boynton Beach
Attorney Bridgeman read Proposed Ordinance No. 14 -005 by title only on second
reading.
Mayor Taylor opened the issue for public hearing. No one came forward.
Motion
Vice Mayor Casello moved to approve the Ordinance. Commissioner Fitzpatrick
seconded the motion.
Vice Mayor Casello remarked it was a beautiful arch and suggested a maintenance
program needed to be established and some type of marker describing the significance
of the arch.
Commissioner Merker questioned the possible cost. Mayor Taylor replied the historic
designation may qualify for grant funding to improve the site. Warren Adams, Historic
Preservation Planner, indicated any grant funding would take about a year. In the
meantime the City would be liable for the maintenance. A matching grant would double
the funding and might include the purchase of a plaque. Commissioner Merker
requested the estimated costs be provided and Mr. Adams agreed to provide the
information.
Vote
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APRIL 16, 2014
City Clerk Prainito called the roll. The vote was 5 -0.
14. FUTURE AGENDA ITEMS
A. Commission review and approval of Community Development Block Grant
One -Year Action Plan including applicants for funding - June 3, 2014
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B. Budget Workshop dates /times for FY 14/15 Operating and Capital Budget -
Monday — 7/21/14 Beginning at 2:00 p.m.; Tuesday — 7/22/14 Beginning at
10:00 a.m.; Wednesday — 7/23/14 Beginning at 2:00 p.m. (if needed) in City
Library Program Room.
15. BRAND PROMISE STATEMENT
"BREEZE INTO BOYNTON BEACH -
AMERICA'S GATEWAY TO THE GULFSTREAM"
Those present recited the Brand Promise Statement.
16. ADJOURNMENT
There being nothing further to come before the Commission, Mayor Taylor properly
adjourned the meet at 8:04 p.m.
ATTEST:
et M. Prainito, MMC
ity Clerk
ith A. Pyle, CMC/
eputy City Clerk
V T) Puic ,v;_L to
CITY OF BOYNTON BEACH
David T
Casello, Vice Mayor
Michae M.' itzpatrick, Com loner
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APRIL 16, 2014