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