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Minutes 10-09-01MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, OCTOBER 9, 2001 AT 6:30 P.M. Present Larry Finkelstein, Chairman Quintus Greene, Director Jeanne Heavilin, Vice Chair of Development/CRA Jos6 Aguila Lindsey Payne, Assistant Alexander DeMarco City Attorney Don Fenton (arrived 6:$5 p.m.) Absent Michelle Hoyland Henderson Tillman I. Call to Order Chairman Finkelstein called the meeting to order at 6:30 p.m. II. Roll Call The Recording Secretary called the roll and declared that a quorum was present. III. Agenda Approval A. Additions, Deletions, Corrections Chairman Finkelstein wished to add an Unfinished Business category and distributed a list of' nine items to be considered. Motion Vice Chair Heavilin moved to approve the agenda as amended. Mr. DeMarco seconded the motion that carried unanimously. IV. Approval of Minutes - September 11, 2001 & September 21, 2001 There were no changes to the minutes of September 11, 2001. Mr. Aguila wished to make a change to the minutes of September 21, 2001 in the eighth line from the bottom of page one where it stated: "Mr. Aguila felt that stating the price the Board was willing to pay for property places the Board at an unfair advantage." Mr. Aguila said he meant the exact opposite of this and that this sentence should be altered to read: "Mr. Aguila felt that stating the price the Board was willing to pay for property places the Board at a disadvantage." Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 9, 2001 Motion Mr. Aguila moved to accept the minutes as amended. Mr. DeMarco seconded the motion that carried unanimously. V. Director's Report A. Financial 1) September 2001 Financial Statement The CRA added $2,994,000 to its account in the month of September 2001, bringing the current total to $3,985,054. The expenses for September were consultant fees for Michelle Mellgren's Federal Highway Corridor report, survey fees for the Boynton Beach Promenade, and a transfer to the Community Improvement Fund. The September billings for staff services amounted to $2,172.70 plus $225.40 for materials. The year-to- date total for staff services is $30,192.13 and $3,878.00 for materials. Chairman Finkelstein understood that the $12,000 under land acquisition in August would be put back into the CRA's account. At Chairman Finkelstein's request, Mr. Greene agreed to provide a breakdown by project relative to the Project Management items. Mr. DeMarco asked for assurance that detailed reports of staff time were being kept and Mr. Greene responded affirmatively. Mr. Aguila asked about the interest rate on the $3M loan and Mr. Greene responded that it had been in the neighborhood of 6 to 6.72% but that he would send the exact figure to the Board members, Mr. Fenton asked if there had been any material differences in the loan contract that the Board Signed versus the actual contract. Mr. Greene responded that there were none. B. Project/Plan Updates 1) Federal Highway Mr. Greene reported that staff had received initial comments from the Department of Community Affairs referencing the Master Plan amendment for the Federal Highway Corridor. They were reviewing the comments and he believed they would have revisions ready for action by the CRA at the November 3 meeting. The workshop was held October 6 to discuss recommended land use regulations for the proposed mixed use zoning districts along the Federal Highway Corridor. Final recommendations, incorporating the comments at the workshop, should also be ready for the Board's action at the November 3 meeting. 2) Ocean District Staff is in the process of preparing a model for Town Square and Mr. Greene hoped that it would be displayed in the lobby at City Hall within the next two weeks. He said that most of the survey and analysis work on the Ocean District had been completed. 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 9, 2001 3) MLK (Heart of Boynton) Plan The Consultants made a presentation to the community and a lengthy discussion followed with the residents. Some of the recommendations from that discussion were: 1) 2) 3) Take over public housing in the Cherry Hill area and demolish it. Assemble land in the MLK area. ConSider the Shepherd Addition north of Boynton Beach Boulevard as a mixed-use extension of the downtown area. The consultants are making up a draft report incorporating these proposals and, following a review by staff, the Plan will be brought before the Board in the next thirty to sixty days. 4) Marina Status Report by Bruce Group Bruce Jarvis and Jerry Goree, Partners in Bruce Group; Roger Fry, Architect Mr. Jerry Goree stated that the Bruce Group wanted to give the Board an update on the project. Construction Status: The paving surface of the old road in Casa Loma has been removed and new fill delivered. The new road will be a foot higher to help prevent flooding. Custom storm sewer structures have been ordered for the Casa Loma roadway and utility work and a contract has been signed with Current Contractors, Inc. to do the work. FPL has started the final design work for the electrical distribution system. They have to bring significantly more power to the site. The two transformers will be sited as inconspicuously as possible. The temporary parking area for Two Georges has been completed at the corner of Ocean Avenue and N.E. 6th Avenue. Two large fuel tanks were sent to Orlando for a structural integrity test and a renewal of the warranty. The former developer did not bury them right away, voiding the warranty and raising concerns as to their structural integrity. They hoped the fueling operation would be up and running at the same time as the Marina, just after the first of the year. The concrete at the Marina itself needs to be sealed in places. The dock boxes are being installed and electricity and water will be put in for each one of the boat slips, as soon as the utilities are finished. The plans for the restaurant and the commercial building are being finalized by Bob Currie's office. They have been meeting on a regular basis to go over details such as siting the buildings so they will not interfere with existing utility lines. Two Georges has demolished the former tiki covering and is building a new canopy. The floor is being elevated to help prevent flooding. Also, they are redoing the seawall along the south canal at the drift boat parking area. A greenbelt will take the place of the lower retaining wall and give it a more pedestrian-friendly feel. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 9, 2001 Mr. Fenton asked Mr. Goree if they were going to meet the deadline issued by the City Commission for Casa Loma. Mr. Goree stated they probably would not since they had some permitting issues with the City. The treatment of the roadbed referencing the marine soil issue was still being discussed with the City engineers. They planned to go back before the City Commission to discuss some new deadlines but believed that any extensions would be worthwhile for all parties. Mr. DeMarco also asked about the timetable for completion. Mr. Goree asked that they be given thirty days to give new dates because they would be in a better position to answer that in a few weeks. He said they were as anxious to have it completed as the City since they had to market the property to prospective tenants. Mr, Bruce Jarvis of Bruce Group added that Two Georges was behind due to a problem with three tanks and that this would delay the entire project. He introduced the architect, Roger Fry, who showed the Board drawings of two new proposed apartment buildings at the Marina called "Marina Village." The new buildings are higher and the units are larger than the ones the City had seen initially. The square footage per unit has increased and will be between 1,000 and 1,400 square feet. Ultimately, this change will have a positive impact on tax values in the area since they will be selling in the $220K - $250K range. Mr. Jarvis noted that although the buildings will probably be financed as apartments, they will ultimately be sold as condominiums. Mr. Roger Fry presented "Marina Village." He said they wanted to create something that would have a very strong presence on the Intracoastal Waterway. There are two harbors and two separate areas for boats, tree-lined streets with parallel parking spaces, and retail shops in the base of the buildings. The buildings will be yellow in color with white trim and dark green railings. Various Board members questioned the amount of parking in the parking garage and the response was that they would meet the 505 spaces required in the Development Agreement and were trying to better that if possible. The issue of trash collection was broached and Mr. Fry stated that they had eliminated the traditional dumpsters on Casa Loma for aesthetic and site placement reasons. They had met with Jeffrey Livergood, Public Works Director, and were preparing a plan for him that will address trash collection for the Two Georges, their restaurant, the commercial area, and the apartment buildings. They have allowed for small trash rooms in the residential buildings and the City is considering allowing them to have a compactor adjacent to the City's lift station. Mr. Jarvis touched on plans for handling the streetscape, which would include the potential Promenade and the internal connecting streets. Their current plan proposes asphalt-paved roadways with eight-foot interlocking paving at pedestrian crossing areas. The courtyards and sidewalks would consist of pavers. Mr. DeMarco asked Mr. Fry if they had considered a master sign program for the Marina and they had not yet done so. Chairman Finkelstein asked about the timing issues. Mr. Jarvis said the timing had a lot to do with a lack of space for parking and staging at the site and that they would need to finish part of the parking garage to help accommodate the 120 spaces needed for the construction workers. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 9, 2001 Mr. Goree acknowledged that the job had been harder and was taking longer than they had anticipated but that they were struggling to finish it. C, Future Agenda Items Mr. Greene stated that the Public Hearings scheduled for this meeting were being rescheduled, at the applicant's request, until the November 13, 2001 meeting. The November 13, 2001 meeting agenda will have the Dakota Lofts project as well as the Federal Highway Corridor Zoning Code amendments. D. Commission Action There were no items to report. E. Summary Report, 907 N. Federal Highway Mr. Greene sent the Board members a letter containing a summary of staff involvement and the events surrounding the CRA's first authorized bid on this property. Chairman Finkelstein distributed copies of bankruptcy and foreclosure notices that appeared in the newspaper after Mr. Greene's letter. The attorneys are keeping Chairman Finkelstein aware of the status of the property. VI. Unfinished Business A. Board request to include updates on Original Projects at every meeting Chairman Finkelstein referred to the list of items A - ~ that he distributed earlier in the meeting. The first item was that the Board requested an update on original projects, as outlined in the CRA Work Plan Priority List, at every meeting. Chairman Finkelstein requested that this be included on the agenda for every meeting. Mr. Greene reported on the following proiects from the Priority List. Priority A 1) Development Boynton Beach Boulevard Promenade and Riverwalk This item will be discussed later in the meeting in connection with the Fire Assessment issue. 2) Acquire funding ($3M) for land acquisition in Downtown Core Area This item is completed. 3) Assemble land for public parking west of Federal Highway The City is in,the process of bringing a Real Estate Manager on board to assist in assembling this land. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida O~ober9,2001 4) Develop way-finding signage program Staff has been investigating programs in other communities and should be able to report at the next meeting, Mr. Fenton referred to the City's plan for a $70,000 Citywide sign project, spread out over five years, and said this was considerably more than the $20K the CRA proposed to spend. Chairman Finkelstein referred to a presentation made to the Board in the past by Guidance Pathway Systems, indicating that a starter project could be done in the CRA area for $20K. This company had done sign systems for at least fifty other Florida cities. The Board envisioned contributions from the City, the CRA, and BODA. He thought staff should call one or two other companies and have them make a presentation as to What they could do in the CRA area, bearing in mind that the City would want to expand that program for other areas. Mr. Greene urged care in the selection of a system, saying that the choice would have a long-term effect on the City. Chairman Finkelstein did not believe it was a major project and that it was something that could be initiated easily. B. Staff calls to Board members prior to workshops Chairman Finkelstelin restated the Board's request for staff to call Board members prior to workshops. He mentioned that at the last workshop, they were not certain that they would have a quorum. C. Absentee & Conduct Policy Chairman Finkelstein noticed that this was a future agenda item for the City Commission. The iBoard wanted to obtain a copy of the proposed guidelines so they could either adopt them or make their own recommendations for the City Commission's approval. Ms. Payne stated that the ultimate decision for the removal of Board members resides with the City Commission. D. Ordinance to allow Board to hire staff other than City staff Mr. Greene deferred this discussion until Agenda Item 7A, later in the meeting. E. City iCommission/CRA Workshop Mr. Greene will notify the Board members regarding the workshop date before the end of this week. Mr. Aguila's request for the staff attorney to research acquisition procedures Ms. Payne shared itwo State statutes on the subject with the Board. They basically provide that negotistions by staff members can be conducted through writing and they are exempt from the Public Record law. However, once they get to the level of the Board, and thirty days prior to the Board accepting the offer, they become open. The ultimate purchase should be approved in a public setting. Mr. Greene spoke to the CRA Director in Delray Beach about it and their practices are consistent with the statutes. Mr. Greene deferred further discuSsion until Item 7B in the agenda. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 9, 2001 G. Sign Program Chairman Finkelstein noted that this had already been discussed and that they were going to try to get some sign vendors to make presentations. H. CRA Brochure & Web Site Chairman Finkelstein shared a copy of Delray Beach's CRA brochure with the Board members. The Board had already discussed what it wanted in the brochure and would now have to write the text and proceed. Mr. Greene reported that the Development Department staff was working towards an Annual Report that could include the CRA. The Board thought an Annual Report would be a useful tool in the development of the City. Chairman Finkelstein asked if the Board still wished to pursue a brochure and they agreed that they did. Vice Chair Heavilin distributed copies of the City Visions newsletter containing a picture and article about the CRA. I. Riverwalk Chairman Finkelstein reported that an architect was drafting some basic visual aids for the Riverwalk project. He obtained an aerial view of the area showing the seagrasses and a preliminary pier design from the marine developer. At the next meeting he hoped to present some initial renderings of the Riverwalk project, Mr. Fenton inquired about the land acquisition and Mr. Greene responded that it was underway. VII. New Business A. CRA Director Job Description Mr. Greene wanted the Board to review the job description before they advertised for the position. The Board discussed the requirements and came to a consensus that they wanted to increase the length of experience from three years to five years. They also decided to recommend that the City Manager initiate a change to the Ordinance to allow the CRA to employ staff support from sources outside the City. Motion Mr. Fenton moved to recommend to the City Manager that the City's Code of Ordinances, Section 2-13.2(d), be amended to allow the Community Redevelopment Agency to hire support staff from sources other than the City. Vice Chair Heavilin seconded the motion that carried unanimously. B. Core Area Property Acquisition Mr. Greene referred to the fact that the CRA had already identified the core area in which it wished to acquire property. He explained the process used by the Delray Beach CRA. Their CRA Board identifies an area in which they desire to acquire selected properties up to a certain dollar value. Staff takes this broad direction, finds properties, negotiates terms, and brings the details to the CRA Board for approval. When the proposed purchase is brought before the Board, it becomes public. 7 Meeting Minutes · Community Redevelopment Agency Boynton Beach, Florida October 9, 2001 The Board was under the impression that they had already declared their desire to acquire properties in the core area. Mr. Greene commented that this had been in a workshop in the context of the CRA's Goals and Objectives. He solicited formal authorization from the Board for staff to undertake selective property acquisition in the core area, which he proceeded to delineate by street name (as stated in the .Goals & Objectives of the CRA). Chairman Finkelstein wished to expand the acquiSition of property to include areas other than the core area but still within the CRA. Vice Chair Heavilin inquired whether the Board members could bring up specific properties to the CRA to see if it would be interested in acquiqng them. Ms. Payne indicated that this could be done if it were in a public meeting, Mr. Greene felt that for the CRA to demonstrate successful results and maximize its resources, it should concentrate on a particular area. When properties are acquired in a sPecific area, combining them into a developable parcel is facilitated. Motion Mr. Aguila moved to authorize City staff to undertake selective property acquisition in the previously identified CRA core area, negotiate, and bring proposals before the CRA Board for approval. Mr. Fenton seconded the motion that carried unanimously. VIII. Public Audience Bob Foot, 2400 S.W. 1st Street, Boynton Beach, expressed concern about the proposed zoning changes in the Federal Highway area, specifically the exclusion of manufacturing uses. He mentioned such uses as upholstery shops, office supplies, furniture, paint/wallpaper/carpet shops, jewelers, decorators, antique dealers, printers, candy shops, and picture framing as potential and existing uses. Mr. Foot stated that the candy shop in the area manufactured candy on the premises and did not fit under a specialty food market. His insurance agent told him that picture framing was considered furniture assembly. ; Was it a manufacturing process? Mr. Foot felt that the City needed to be more specific as to the definition of manufacturing uses. Since his wife owns Art of Framing, he was concerned. Mr. Aguila said it fell under sales and general commercial and Mr. Foot thought that was extremely broad. Mr. Aguila explained that the Board had tried to find categories broad enough to encompass a large number of potential businesses, Mr. Greene assured him that even if any of the existing businesses were not allowed, they would still be able to maintain their businesses as legal non- conforming uses. Mr. Greene also advised Mr. Foot that the Board and the public engaged in a dialogue on the proposed zoning changes on Saturday and as a result of the discussions at that meeting, a number of changes were likely to be made in the proposal. The proposed changes will be brought before the CRA again and then to the City Commission. Also, staff is in the process of creating some 50 to 75 new definitions for the City's Zoning Code, just to implement this change. Mr. Greene also said that the exclusion of manufacturing from the Federal Highway Corridor zoning amendments was deliberate. Their objective was to discourage manufacturing uses along Federal Highway. They didn't single out candy manufacturers. Chairman Finkelstein suggested that Mr. Foot might wish to make a formal list of the businesses he thoUght should be allowed in the area and formally present it to the Planning Department staff. 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 9, 2001 Chairman Finkelstein acknowledged the presence in the audience of Commissioners Ferguson and McCray and asked if they wished to speak. Since they did not, he closed the Public Audience. IX. Other A. Update on Fire Assessment Issues Mr. Greene provided the Board members with a memorandum from Mr. Bressner regarding the fire assessment issue. One of the options listed to finance the proposed public safety improvements was to cancel or defer $6.7M of other needed community projects. According to Option #3, Page 5, in Mr. Bressner's memorandum, the following projects in the CRA area would be affected: 1) 2) 3) Move Public Works Facility out of the MLK area - The citizens agreed that this was not an appropriate facility for a neighborhood area. Boynton Beach Promenade -- Have the CRA pay for the Boynton Beach Promenade since it is located in the core of the CRA. Demolish Old High School -(It will cost $250,000 to demolish it and $3.5M to bring it up to Code.) Under this proposal, $250,000 would be saveid and the high school would continue to stand in its condemned state. If this option is selected, it will have a direct impact on projects that relate to the CRA. Under Option fi4, the Boynton Beach Promenade project would be deleted from the City's Capital Improvement Program and its implementation would fall solely on the CRA. The High School and Public Works facility projects would be deleted. Chairman Finkelste n thought that the fire stations were necessary. He thought that the reason behind the assessment was to more equally spread the cost of the fire services across the population. The money had not been set aside by previous administrations in the capital budget. He did not understand how the construction costs for a new fire station could be $2.5M but relocating one was over $5M. Mr. Aguila thought the construction costs were rather Iow. He also noted that the money in 2003-4 was still not enough, after the seven-year term of the proposal. Chairman Finkelstein did not know where the $631K Came from because $1M had been set aside for the Boynton Beach PrOmenade. That money was only for streetscape improvements for Phase One of the Promenade, which meant there was still the cost of the roadwork. He wanted to talk with the City CommissiOn about putting the $1M for the Promenade back into the CRA coffers since it was iperceived as a fund from which to draw when money was needed for other projects. He !also said that in the City Club project, $1,000,000 had been set aside and of that amounti $500,000 had been set aside for construction and $500,000 was to shore up the dock and seawalls. That money could be used to build a meeting room to replace the clubhouse that was lost on Gateway Boulevard and still have $500,000 left over. Chairman Finkelstein expressed dismay that the Boynton Beach Promenade was subject to cancellation. He said it had been voted for in 1997, approved in 1998, and listed as one of the first four projects to be accomplished. He referred to the recent assessment for water and sewer and now this one for fire services, and hoped that the Commission would Continue to make financial planning a priority, since previous 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 9, 2001 administrations had not done as well as they might have in that regard. Chairman Finkelstein wanted to see the Boynton Beach Promenade project get underway. Mr. Fenton thought the City should make a corridor east of the tracks and turn it over to AMR or someone who can then police it and get there four minutes early. Mr. Fenton favored having the private sector build the fire station and lease it to the City, believing that this would save a great deal of money. B, Aerial Photos of the CRA Area Mr. Greene discussed the circumstances surrounding this project. The photographs were being taken by Utilities for a Utilities Department effort and Mr. Greene was approached about whether the CRA would like Iow-level, high-resolution aerial photographs of the CRA area. Since the pictures were being taken by Utilities for their purposes anyway, ihere would be no cost to the CRA. When the Utilities item appeared on the City Commission agenda, City Manager Bressner asked the CRA to make a formal request to the Utilities Department, asking them to take the pictures. Mr. Greene understood that this would be at no cost to the CRA. Motion Mr. Aguila moved that the aerial photos of the CRA area would have some value to the CRA and asked the Utilities Department to provide them, as long as there would be no cost to the CRA. The CRA understands that the Utility Department is going to have aerials made for their own purposes, that they would include the CRA area, and that they are not specifically flying the area on the CRA's behalf. Mr. Fenton seconded the motion that carried unanimously. X. Adjournment There being no further business to come before the Board, the meeting was duly adjourned at 8:50 p.m. Respectfully submitted, Recording Secretary (three tapes) (10/11/01) 10