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Minutes 02-05-08 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, FEBRUARY 5, 2008 AT 6:30 P.M. IN THE COMMISSION CHAMBER, AT CITY HALL, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Mayor Jose Rodriguez, Vice Chair Ron Weiland, Commissioner Woodrow Hay, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. Openings: A. Call to Order - Mayor Jerry Taylor B. Invocation by Greg Fitch, Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross Mayor Taylor called the meeting to order at 6:32 p.m. The invocation was given by Greg Fitch, Police Chaplain, followed by the Pledge of Allegiance to the Flag led by Commissioner Ross. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof requested an item be added under XII. Legal, E. Other, Communication of counter settlement offer in the Ric-Man case. Commissioner Ross requested a date specific be given to Item X.A. Discussion of disposition of Old High School. Vice Mayor Rodriguez suggested the item be pulled from the City agenda until the matter is brought before the CRA board. 2. Adoption Motion Commissioner Hay moved to approve the agenda as amended. Commissioner Ross seconded the motion. The motion passed unanimously. II. Other: A. Informational Items by Member of the City Commission 1 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2008 Commissioner Ross announced that Galaxy Elementary would not be closing. The school board voted to rebuild it. She also announced a Commission meeting would be held at Boynton Beach High School on April 1, 2008 to highlight the school and its special programs. Vice Mayor Rodriguez announced the grand opening of the Wilson/Sims Center and the Youth Violence Prevention Program Empowerment Center is Saturday, February 9, 2008 at 11 a.m. The public was invited to attend. Commissioner Hay commented on the workshop held February 1, 2008 indicating it was very informative and enlightening. He suggested further workshops be held to report on the activities of each department. Commissioner Hay felt everyone should be proud of the City of Boynton Beach staff. Mayor Taylor thanked Commissioners Ross and Hay, Mr. Bressner and Carrie Parker Hill, School Board representative, for their efforts relating to the Galaxy Elementary decision. III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations None 2. Presentation of the American Assembly Infrastructure Sub-Committee. Marvin Blitz was honored to work on the American Assembly on Infrastructure. He introduced the members of the committee and hoped the recommendations of the team would be given careful consideration. Steve Homrich offered comments on each area of the report. First, the committee felt the City did a good job meeting the needs of the residents. It was felt that the heavier users should be paying a slightly higher rate during the various levels of water restrictions. Those using more than 30,000 gallons should pay a much higher rate. An increase in water rates have already been instituted. Relating to roads, the feeling was the budget should be increased and the traffic concurrency downtown should require the developers to increase and improve the roads downtown. The streetscape program was considered to be very important along Federal Highway, Sea crest, 2 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2008 Martin Luther King and other major corridors. If the City took the lead, development might follow. It was thought that the Shopper Hopper duplicated the Palm Tram Connections and could be eliminated. The trolley would be more beneficial if it was simpler and kept within the CRA district along the major corridors. It was suggested that the Palm Tram bus stops along Federal Highway should be improved and cleaned up. Downtown parking would continue to be a problem and the City should purchase as many lots as possible to provide future parking facilities including stacked parking downtown. Parks and Recreation was doing a great job and the committee felt Oceanfront Park should strive to become self sufficient by user fees. Greenways should be expanded along major roadways. Appearance and safety overlapped other discussions regarding streetscapes, lighting, trash containers, bus stops and Code violations which could be improved. The CRA could hire a person just to beautify the major corridors in appearance and safety to lead the effort Mayor Taylor commented the trolley system had been expanded and Palm Tram was expanding routes east/west to the Caridad Center. The CRA does studies to justify the trolley routes. Vice Mayor Rodriguez requested more information on the 7% of the users that used 36% of the water. Other than being households there was no additional information available. Vice Mayor Rodriguez explained the surcharge had been discontinued because it penalized businesses that use more water. Mayor Taylor thanked the committee for their report and the extensive hours they devoted to the Assembly and the subcommittee report. IV. 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> Shirley Jaskiewicz, 1917 SW 13th Avenue, congratulated the board on their last meeting and working together in a positive manner to bring about change. She was impressed with the Commission's support of the residents on the closing of Galaxy Elementary School and its many achievements. Ms. Jaskiewicz agreed with the appointment of Commissioner Ross as the liaison to the School Board and she hoped the testing would continue to be challenged. She also felt the trolley was a wonderful service and urged the elimination of the Shopper Hopper would not be advisable. Priscilla Maloney, 87 Citrus Park Lane, supported the Boynton Beach All-Star cheerleaders. The sport had gone through a huge transformation. Mary DeGraffenreidt was dedicated to the sport and the girls were motivated and competed in many levels of competition across the State. The participants practice for many hours each week and maintain high grade point 3 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2008 averages. The girls also participate in other competitive sports to maintain their agility and ability to cheer. The cost was extensive and Ms. Maloney thanked the board for their support. Frank Green, Jr., 424 NE 2nd Street, reported his concerns regarding activities on his street that involved loud music until late at night. The neighbors were not supportive of his complaints. There was an area where groups gathered and the noise was very disruptive and distracting as it included gun shots. He had called the Police Department on several occasions. Mayor Taylor assured Mr. Green his complaints would be investigated. Commissioner Hay suggested Mr. Green contact him and together they would examine the situation. Bob Brown, 701 S. Seacrest, indicated he was working on a timetable with federal and state permits for building a dock. The Code limits ancillary structures and a structure is required before a permit is granted. Mr. Brown requested the Commission's assistance in securing the permits to build the dock. He needed a variance to be granted to allow at least start to build the dock to activate the federal permit so it would not lapse. Mr. Brown also suggested the Code is antiquated and should possibly be repealed in regard to docks. He contended many docks were granted an exemption and he requested the same consideration. Mayor Taylor suggested a formal request for a waiver be submitted. Attorney Cherof advised if an individual was in disagreement with an opinion of the a building official, it can be appealed to the Building Board of Adjustment and Appeals. The board can enter a ruling interpreting the Code. The alternative would be the Commission could modify the local amendments to the Building Code by ordinance. Mr. Bressner advised it was also a zoning issue. The issue regarding the accessory building, a primary building is a zoning issue and not a Building Code issue. There has to be a principal structure on the lot before a dock is constructed. The lot is vacant. Mr. Brown noted he had already spoken to building and planning and zoning officials and was advised to get the permits updated by the State and Federal Government and they would grant it. There was disagreement between the two departments. Mayor Taylor advised the information could be given to the Building Board of Adjustment and Appeals who would hear the case. Mr. Brown insisted since a previous permit had been allowed to lapse, he had been assured the new permit would be granted. He requested an exception so the permits would not lapse based on exceptions that had been previously granted. Attorney Cherof indicated he would review with Mr. Greene whatever application was pending. Vice Mayor Rodriguez concluded Attorney Cherof would review the matter. Brian Miller, Chair of the Community Relations Board, announced the next meeting of the Board would be held February 13, 2008 at 7 p.m. in Commission Chambers with a Crime Watch program presentation. It involves a special partnership program between neighborhood associations, the Police Department, and the Community Relations Board. It was in response to residents' requests for such a program. He urged residents and leaders from all neighborhood communities to attend the meeting. 4 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2008 Rhoda Dwork, 154 Orange Drive, thanked Fire Department Station #2 for their assistance when she was stranded in her vehicle due to the flooding after heavy rains. Jewel Wright, 508 NW 11th Avenue, lived in a high crime area of the City with violent crimes and drug abuse. The people in the area do care about the neighborhood. New residents remain inside their homes. Her husband has been outspoken and has been threatened. Ms. Wright made the Commission aware that there are people on Cherry Hill who do care and request help from the City of Boynton Beach. Mayor Taylor assured her there are good people all over and crime everywhere. Every effort was being made to control crime and stamp it out. He suggested attendance at the Crime Watch presentation on February 13, 2008 may be helpful. He commended her husband for having the courage to speak out. v. ADMINISTRATIVE: A. Accept the resignation of Jon Blehar as an alternate member of the Planning and Development Board. Motion Commissioner Weiland moved to accept the resignation of Jon Blehar. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. B. Appointments: Appointment Length of Term To Be Made Board Expiration Date III Rodriguez Arts Commission Alt 1 yr term to 12/08 IV Ross Arts Commission Alt 1 yr term to 12/08 II Hay Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 IIII ROdriguez Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (2) I Weiland Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 I Weiland Code Compliance Board Reg 3 yr term to 12/10 IV Ross Code Compliance Board Alt 1 yr term to 12/08 Tabled (3) Mayor Taylor Code Compliance Board Alt 1 yr term to 12/08 Tabled (3) III Rodriguez Community Relations Board Alt 3 yr term to 12/10 III Rodriguez Education & Youth Advisory Board Reg 2 yr term to 12/09 Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (3) I Weiland Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (3) II Hay Education & Youth Advisory Board Stu N/V 1 yr term to 12/08 Tabled (3) Motion Commissioner Hay moved to appoint Lisa Pierre as a Student Non Voting member of the Education and Youth Advisory board. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. 5 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2008 I II Weiland Hay Library Board Library Board Alt Alt 1 yr term to 12/08 1 yr term to 12/08 Weiland Planning & Development Bd. Alt 1 yr term to 12/08 Tabled (2) Motion Commissioner Weiland moved to appoint William Poznak as an alternate member of the Planning and Development Board. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. II Hay Senior Advisory Bd Alt 1 yr term to 12/08 III Rodriguez Veterans Advisory Commission Alt 1 yr term to 12/08 Motion Commissioner Hay moved that all other appointments be tabled. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. VI. 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. Minutes 1. Regular City Commission - January 15, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Approve a piggyback of Orange County, FL, Bid #Y-7-1053-JS to Flygt Pumps, and Palm Beach County, contract #04191C to Florida Bering, Inc. of West Palm Beach, FL for an annual program to replace submersible pumps at various lift stations over a period of "10 Year Change Out Program". Total anticipated expenditure for the year is $200,000. C. Resolutions 1. Proposed Resolution No. R08-015 RE: Approving and authorizing execution of Task Order No. #07-19-1 with URS Corporation for engineering services related to potable water main and stormwater improvements in the Lake Boynton Estates subdivision. The total expenditure is $206,933. 6 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2008 2. Proposed Resolution No. R08-016 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Raymond & Lois Marcinkoski Trust for the property at 1053 Highland Rd., Lantana, FL. 3. Proposed Resolution No. R08-017 RE: Approving and authorizing (1) the bond financing team to prepare necessary documents for the bond financing of the FY 2007-2008 capital projects approved by the Commission for the Utility System, (2) selecting Citigroup Global Markets Inc. as underwriter of the proposed bonds, and (3) expressing intent to reimburse prior expenditures from the bond proceeds. Mayor Taylor pulled Item VI.C.3 for discussion. 4. Proposed Resolution No. R08-018 RE: Approving the City's intent to use the Uniform Method for the collection of a non ad valorem special fire assessment, but not requiring the City to impose a special assessment. Attorney Cherof pulled Item VI.C.4 for discussion. 5. Proposed Resolution No. R08-019 RE: Approving and authorizing approval of the scope of services for the continuation/updating of the fiscal year 2008-09 Fire Assessment Work Plan with Government Services Group, Inc. in the amount of $58,000. Vice Mayor Rodriguez pulled Item VI.C.5 for discussion. 6. Proposed Resolution No. R08-020 RE: Ratifying the action taken by the South Central Regional Wastewater Treatment and Disposal Board on January 17, 2008 as follows: a. Authorization to expend up to $50,000 on miscellaneous items (soil and concrete testing, permit and legal issues) for construction of 24-MGD Reuse Expansion. Cost to be split 50/50 from Cities' Capital Fund. b. Authorization to increase JJ Kirlin's contract for construction of the 24-MGD Reuse Expansion with Change Order 1 by $994,278.22 increasing the total contract from $9,912,500 to $10,906,778.22. Cost to be split 50/50 from each City's Capital Funds. c. Authorization to decrease JJ Kirlin's contract for constructing the 6-MGD Reuse Expansion with Change Order No.2 by $4,319 decreasing the total contract from 7 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2008 $5,413,322 to $5,409,003. Amount to be split 50/50 from each City's Capital Funds. D. Authorizing application for funding towards the development of Congress Avenue Community Park, from the Department of Environmental Protection 2007/08 Land and Water Conservation Fund Program. E. Authorizing the use of $500 from Mayor Taylor's Community Investment Funds for the Boynton Beach All-Star Cheerleading squad for two teams of 32 cheerleaders to help defray competition expenses. F. Approve the Special Warranty Deed and Quitclaim Deed, both prepared on behalf of Boynton Development Associates, II. LLC, subject to City Staff approval of the legal description of the referenced parcels. Attorney Cherof pulled Item VI.F for discussion. Motion Commissioner Hay moved to approve the Consent Agenda with the exception of those items pulled for discussion. Commissioner Ross seconded the motion. The motion passed unanimously. VI.C.3. Proposed Resolution No. R08-017 RE: Approving and authorizing (1) the bond financing team to prepare necessary documents for the bond financing of the FY 2007-2008 capital projects approved by the Commission for the Utility System, (2) selecting Citigroup Global Markets Inc. as underwriter of the proposed bonds, and (3) expressing intent to reimburse prior expenditures from the bond proceeds. Barry Atwater, Director of Financial Services, reported he was made aware that by using a bank loan, approximately $2M in interest could be saved over 20 years and more bond proceeds could be received for utility capital projects. Basically an additional alternative was added to the resolution. Julie SantaMaria, RBC Capital Market, the City's financial advisor, indicated the tax exempt market has been in an extreme volatile state over the past several weeks. Several AAA bond insurers had been downgraded. Because bond insurance has become so expensive, she advised a bank loan maybe a lower cost alternative. Ms. SantaMaria requested time to consider all the alternatives and then return to the Commission with a recommendation to complete the financing. Mr. Bressner concurred and expressed his appreciation for the alternative being brought before the Commission. If the Commission agreed, the amended resolution should be adopted. Motion 8 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2008 Commissioner Weiland moved to approve Proposed Resolution No. 08-017. Commissioner Hay seconded the motion. The motion passed unanimously. VI.C.4. Proposed Resolution No. R08-018 RE: Approving the City's intent to use the Uniform Method for the collection of a non ad valorem special fire assessment, but not requiring the City to impose a special assessment. Attorney Cherof read Proposed Resolution No. R08-018 by title only. He stressed this is not the adoption of a fire assessment. It was simply the City's preliminary notice it was going to study the possibility. It would come back in the normal budget process. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Mayor Taylor requested if another assessment was agreed upon, that a standard assessment for everyone be utilized. The Fire Department's response is the same; therefore, the assessment should be the same. Commissioner Weiland agreed a formula needed to be reviewed as well, based on the ability to extinguish fires. Commissioner Hay did not want to see people penalized because of where they live. He requested input from the Fire Chief. William Bingham, Fire Chief, noted it was an intent resolution with no commitments being made. The methodology has been discussed briefly and he understood there was concern about residential versus multi-family and changes within the business versus commercial properties. It would be reviewed as the process moves forward. Motion Vice Mayor Rodriguez moved to approve Proposed Resolution No. R08-018. Commissioner Weiland seconded the motion. The motion passed unanimously. VI.C.5. Proposed Resolution No. R08-019 RE: Approving and authorizing approval of the scope of services for the continuation/updating of the fiscal year 2008-09 Fire Assessment Work Plan with Government Services Group, Inc. in the amount of $58,000. Vice Mayor Rodriguez requested clarification if it applied to the current or future assessment. Mr. Bressner advised it was analysis work for any future extension of the fire assessment. Vice Mayor Rodriguez was concerned about spending monies for a study when the decision had not been made whether or not to move forward. Mr. Bressner contended the alternatives needed to be investigated and he recommended approval. Chief Bingham explained there are different levels within the scope of services and a phased program has been developed. In the event the fire assessment was not approved, only the 9 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2008 work done in Phase 1 would be invoiced rather than the entire cost. Phase 1 cost would be $31,500. Vice Mayor Rodriguez questioned if any past information could be utilized. Chief Bingham indicated it could and had been factored into the cost. In past years, the City had significant boundary changes. It would be brought back before the Commission. Jason Bucholz, with GSG, Inc., advised, at the end of Phase I, rates, categories and the methodology would be available for any decision. Attorney Cherof noted the next speaker was one of the litigants challenging the current fire assessment. To the extent the speaker would want to engage the Commission in debate regarding the assessment, Attorney Cherof suggested the Commission not respond. Dominic Desidario, 2755 South Federal Highway, requested before anything was spent on the next fire assessment there should be a full accounting on the $18M that has been spent over the last seven years. He contended it should be a full accounting before every citizen. Motion Vice Mayor Rodriguez moved to approve with the stipulation that $31,500 be approved and not the $58,000. Attorney Cherof indicated it was not necessary because the contract is a phased contract which the Commission has the inherent right to exit at the end of Phase 1. There would be redundancy to the motion. Motion Vice Mayor Rodriguez moved to approve Proposed Resolution 08-019. Commissioner Ross seconded the motion. The motion passed unanimously. VI.F. Approve the Special Warranty Deed and Quitclaim Deed, both prepared on behalf of Boynton Development Associates, II. LLC, subject to City Staff approval of the legal description of the referenced parcels. Attorney Cherof advised the legal description had been approved; however, the title search revealed a mortgage and security agreement in favor of Wachovia Bank. There is a representation it will be released in full prior to the deed being recorded. He asked that if approved it be conditioned on the full release of the mortgage and security agreement in favor of Wachovia Bank recorded August 6, 2004 in official record book 17363 page 646. Motion Commissioner Hay moved to approve with the condition as outlined by the City Attorney. Commissioner Ross seconded the motion. The motion passed unanimously. 10 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2008 VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 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. A. Project: Agent: Owner: Location: Description: Chow Hut (SPTE 08-002) Anthony Mauro, 558 Gateway Blvd., LLC Anthony Mauro 558 East Gateway Boulevard Request for a second one-year time extension for the major site plan modification (05-007) approved on November 1, 2005, further extending approval from November 1, 2007 to November 1, 2008. Attorney Cherof administered an oath to all those intending to testify. There was no disclosure by the Commission of any communications regarding the project. Kathleen Zeitler, Planner, reviewed the staff report for a second site plan time extension. She located the property on Gateway Boulevard in a C-2 zoning district. It is a redevelopment project for a take-out restaurant with a covered outdoor dining area. It was determined the outdoor dining area did not fall within the purview of Ordinance No. 07-025. Staff recommended approval of the request subject to the 25 conditions of approval. The applicant was present and indicated he was in agreement with all the conditions of approval. Mayor Taylor opened the issue for public hearing. Buck Buchanan, 807 Ocean Drive, commented there was a serious problem within the City as well as this project that a site plan extension was requested on a property that was up for sale. Many of the proposed developments along Federal Highway were proposed based on the concept of flipping rather than building. Mr. Buchanan felt the City should initiate a procedure to prevent flipping for profit and bring in true developers, include benchmarks for progress and commitments from the owner/agents to proceed. No one else coming forward, Mayor Taylor closed the public audience. Tony Mauro, owner, responded the property was for sale. His partner was uncertain about the future of the project. He hoped to have completed plans and designs by the end of March. Ms. Zeitler noted the last activity on the project was the last site plan time extension request. 11 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2008 Motion Commissioner Hay moved to approve Item VIII.A. Commissioner Ross seconded the motion. The motion passed unanimously. IX. CITY MANAGER'S REPORT: A. Review and approve FY2009 federal appropriation submittals. Mr. Bressner reported each year ideas for appropriation requests are sent to the legislators for federal funding. Four projects were outlined. The lobbyist requested the items be prioritized. The first project was for the Youth Violence Prevention Program for educational, anti-gang, anti-violence programs focused toward elementary students. The current program focused on older children. The second project was to assist the City with the design for a green police facility. The third was funding for a mobile incident command center in compliance with a homeland security directive. The unit would be available for the City of Boynton Beach and other agencies. The last item is a request for funding for the Community Park and boundless playground. After discussion and ranking by each Commissioner of their priority it was decided the Youth Violence Prevention Program would be the first priority, the mobile command center second, the boundless playground would be third and the green initiative would be fourth. An update was given by Carisse LeJeune, Assistant to the City Manager, on the status of funding for the boundless playground. The report of Ms. Pelton was just received and had to be reviewed. Mayor Taylor explained all four requests would be pursued by the lobbyists. B. Discussion of Possible Conveyance of Galaxy Park to School District to Assist with Reconstruction of Galaxy School. Mayor Taylor reported discussion with the school board focused on cooperating with the School District and giving part of the City owned park for the new facility. The request was to authorize the City Manager to correspond that proposal to the Superintendent. Mr. Bressner explained there would continue to be recreational facilities on the property, perhaps at a different location on the site to accommodate new construction. He noted the school district had made a concession of a smaller facility to accommodate 500 students rather than the standard size for 750 students. The timeframe shows construction to begin in 2012. The revised configuration may accelerate the construction schedule. Motion Commissioner Ross moved for the City Manager to correspond with the School District. Commissioner Hay seconded the motion. The motion passed unanimously. 12 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2008 C. Recommended Procedure for Sale or Conveyance to the CRA of Property Owned by the City in the Heart of Boynton. Mr. Bressner reported the parcels are generally located east of east of Sea crest between 9th and 11th and Federal Highway. It did not include the properties the City owned west of Sea crest near Poinciana school. It would cover the original area of Phase I of the Heart of Boynton plan. It was proposed the value would be the greater of the initial purchase price or the value of property as established by a 2008 letter appraisal for each of the properties. A reverter clause may have an impact on the purchase price and the deed restriction would follow the property. Attorney Cherof advised the CRA could request a waiver of the reverter clause from the County. Mayor Taylor summarized the request was to transfer the properties to the CRA for a price to be determined. Motion Commissioner Hay moved to authorize transfer of the properties to the CRA for a price to be determined. There was discussion on the cost of appraisals and the need for both the CRA and City to have appraisals done. Attorney Cherof offered that the CRA and City could enter into an agreement to designate one appraiser and be bound by the number. There was a recommendation to agree upon a joint appraisal. Motion Commissioner Hay repeated his motion and added the City and CRA come together with an appraiser. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. D. Review and approve implementation of marketing plan for volunteerism and the City's advisory boards. Wayne Segal, Public Affairs Director, reviewed the pending vacancies for the advisory boards. The marketing plan was established to assist with recruitment efforts to fill the vacancies. On a national level, volunteerism is at a very high rate. Educating the citizens about the functions and duties of the advisory boards is a key component to increase participation. Mayor Taylor noted only four of the vacancies related to regular board positions. The others are alternate positions. Herb Suss, 1711 Woodfern Drive, reiterated his contention that volunteers should be aI/owed to serve on more than one board even if the second position is an alternate. Mayor Taylor and Commissioner Ross felt it was worth considering. Commissioner Hay did not feel enough effort had been made to solicit new volunteers. He was hopeful the new plan would encourage more participants and those efforts should be given a chance first. Commissioner Ross suggested a review of the process other municipalities utilize may be helpful 13 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2008 also. Vice Mayor Rodriguez noted the online application process was cumbersome and should be made more user friendly. An email blast would also be useful. Mayor Taylor congratulated Mr. Suss on his appointment as chair of the Golf Course Advisory Committee. X. FUTURE AGENDA ITEMS: A. Discussion of disposition of Old High School - February, 2008 B. Recommendations and Action Plan on City Green Task Force - February 19, 2008 C. Discussion of funding electronic agenda software XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 08-002 RE: Amending Part III, Land Development Regulations, Chapter 20, Buildings, Housing and construction Regulations, Article I, in general by amended Section 4, Fees, Subparagraph a; providing for building division fees. Attorney Cherof read Proposed Ordinance No. 08-002 on second reading. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public audience. Motion Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 08-002. Commissioner Hay seconded the motion. The motion passed unanimously. Vote City Clerk Prainito called the roll. The vote was 5-0. C. Ordinances - 1st Reading 14 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2008 A. Proposed Ordinance No. 08-003 RE: Amending Article I of Chapter 2 and Section 2-13.2(b) relating to the Community Redevelopment Agency to provide for new boundaries. Attorney Cherof read Proposed Ordinance No. 08-003 by title only on first reading. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 08-003. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. D. Resolutions: None E. Other: 1. Communication of counter settlement offer in the Ric-Man case. Attorney Cherof explained the Commission had previously authorized settlement of the case relating to the retention ponds on the east side of town. The contractor added an additional conditional settlement asking that they be released from their one year guarantee requirement under the terms of their contract, having to do with the underground pipe. Ric-Man believes any issue with the pipe would be a design problem rather than a construction problem. The design engineers felt it would be a construction problem. At this point neither party has accepted the terms of the settlement offer. The alternative is to accept the counter offers by the other parties with the additional waiver of a one year guarantee by either the contractor or the design engineer. There was discussion to offer a reduction in the time of the guarantee to six months. Motion Vice Mayor Rodriguez moved to make a counter offer to reduce the guarantee to six months. The motion was seconded. The motion passed 4-1. (Mayor Tay/or dissenting.) Attorney Cherof remarked he would extend the counter offer and report back at the next meeting. XIII. UNFINISHED BUSINESS: None 15 Meeting Minutes Regular City Commission Boynton Beach, FL February 5, 2008 XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:19 p.m. CITY OF BOYNTON BEACH ~~ lu V-- 1) Tayl ; Mayoi v~..._ Ol.., Attest: Ron Weilan missioner ;l i~::~~~i~e~ <:1., ...., 7~4ti~/~ Marlene Ross, Commissioner J et M. Prainito, CMC ty Clerk C" .~ ,~. -r; '/ 'i~ i L/{r --..:;; udith A. Pyle Deputy City Clerk 16