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Minutes 09-10-02MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH FLORIDA, ON TUESDAY, SEPTEMBER 10, 2002 AT 7:00 P.M. Present Larry Finkelstein, Chairman Jose Aguila Alexander DeMarco Don Fenton Jeanne Heavilin, Vice Chair Henderson Tillman Doug Hutchinson, CRA Director Lindsey Payne, Board Attorney Dale Sugerman, Assistant City Manager Absent Michelle Hoyland 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 a quorum was present. Chairman Finkelstein welcomed Mayor and Mrs. Broening, Assistant City Manager Dale Sugerman, Chris DeLiso, Chairman of the Code Compliance Board, and City staff members. III. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Vice Chair Heavilin noted that Item V. C. was being tabled to the October meeting. She requested that Item VIII. A., New Business (Report by Jim Nardi) be moved up to be heard before Public Hearings. Mr. Hudson requested that the item for Merano Bay (LUAR 02-006) that had been advertised, but not placed on tonight's agenda, be tabled until the October 8, 2002 meeting. Motion Vice Chair Heavilin moved to table the Merano Bay item until the October 8, 2002 meeting. Motion seconded by Mr. Aguila and unanimously carried. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 B. Adoption of Agenda The Agenda was filed, as amended. IV. Consent Agenda A. Approval of Minutes - August 13, 2002 CRA Regular Board Meeting and August 24, 2002 Workshop Chairman Finkelstein requested that the August 24, 2002 minutes, in the first paragraph on Page 3 that stated "Chair Finkelstein favored paying off the loan and in year two doing a $3M bond at a cost of $90K" be corrected. Chairman Finkelstein stated that he was in favor of paying off the loan, but was not in favor of doing the bond at a cost of $90K. He requested that the minutes be corrected accordingly. Chairman Finkelstein also requested that the word "waived" on Page 3, under "Expenses" in the fourth line of the first paragraph, be changed to "amended." Motion Vice Chair Heavilin moved to approve the minutes, as amended. Motion seconded by Mr. Aguila and unanimously carried. B. Financial Report for August 2002 Chairman Finkelstein questioned the wording "Total Budgeted Revenue" and suggested that the word "Budgeted" be deleted. Under Beginning Balance it states "August" and should read "year to date." Mr. Hutchinson responded that the total of the Fund is at the bottom of the sheet under Revenue and Expenses at $6,005,936. Mr. Hutchison stated that they would no longer be presenting the Financial Report in this format. Chairman Finkelstein asked what the $1,447 under Printing and Binding for Bayard Advertising Agency, Inc. pertained to. Mr. Hutchinson stated that this was 'for the RFQ. Chairman Finkelstein questioned why the City would use an ad agency to place an ad. Mr. Hutchinson responded that the City has an ad agency contract that places their ads. Chairman Finkelstein asked about the expense for Anderson & Carr. Mr. Hutchinson reported that this is the pro-ration of expenses between the City and the CRA. 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 Motion Mr. DeMarco moved to approve the Consent Agenda. Motion seconded by Vice Chair Heavilin and unanimously carried. A. Review Relax Inn Contract and Conditional Items and Consider Approving Purchase and Direction to Set Purchase Closing Date Mr. Jim Nardi of the Urban Group, Inc. stated that they are asking the Board to exercise the Option Agreement with the Relax Inn. The results of the phase 2 environmental testing came back without any problems. Upon exercising the Option Agreement, a closing within 30 days must take place and the City Attorney's Office is ready to move forward. He reported that the Board has already approved the quote for the demolition of the building. Mr. Nardi reported that the property owner requested that he be allowed extended occupancy beyond the closing. He reported that the property owners' parents reside on the property and would like to remain for six months until their new house is ready. They have offered to pay rent and would like to continue to operate the business after the closing. Mr. Aguila pointed out that the liability would be on the City after the purchase of the property. Mr. Fenton asked Mr. Nardi for his recommendation and he stated that the rent derived from the property would not outweigh the risk. Chairman Finkelstein stated that CRA has purchased the property at a premium price and felt operation of the business would interfere with moving forward with the redevelopment plans. Mr. Aguila would like to move forward with demolition of the building. Motion Mr. Fenton moved that they exercise their option to close within thirty (30) days. Motion seconded by Mr. Aguila. Chairman Finkelstein inquired if they were prepared to move forward within 30 days and Attorney Payne said that they could make the time limit. Mr. Tillman inquired that before they move forward with the ownership would they assume any liabilities of the previous owners. Chairman Finkelstein pointed out that the contract states that they would receive the property free and clear of all tenants and occupants. Mr. Nardi also stated that they would receive marketable title that would negate any prior liabilities. Vote Motion unanimously carried. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 IV. Public Hearings New Business A. Land Use Plan AmendmentJRezoning Project Name: Agent: Owner: Location: Description Proposed Use: The Harbors (LUAR 02-005) Jennifer Morton, Land Design South Schgai, Inc. 2300 North Federal Highway Request to Amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR); and Request to Rezone from (C-3) Community Commercial to (IPUD) Infill Planned Unit Development. Development of 54 fee-simple townhouses B. New Site Plan Project Name: Agent: Owner: Location: Description: The Harbors (NWSP 02-012) Jennifer Morton, Land Design South Schgai, Inc. 2300 North Federal Highway Request to construct 4 fee-simple townhouse units on 3.21 acres. This request for master plan and site plan approval will be contingent upon the approval of the concurrent land use amendment/rezoning application (LUAR 02-005) Attorney Payne administered the oath to all persons who would be testifying. Dick Hudson, Senior Planner, requested that both items be heard simultaneously, which was agreed to. Mr. Hudson presented the items on behalf of staff. Mr. Hudson pointed out that the adjacent properties are single-family homes in Las Palmas, which are zoned Iow density residential with 4.84 du/ac and are R-l-AA. There is developed commercial to the northwest, which is classified Local Retail Commercial and zoned C-3 Community Commercial. South of the property is the new Intracoastal Park and to the east is the right-of-way to the Intracoastal Waterway. West of the site is U.S. 1 and the FEC railroad. Since this is a 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 considered a small scale land use amendment and is less than 10 acres, it can be approved by the City prior to being transmitted to the State for review. The applicant meets all eight criteria in analyzing a land use amendment/rezoning. Mr. Hudson pointed out that the applicant is seeking an Infill Planned Unit Development (IPUD), which has recently been adopted to assist with redevelopment and infill along the Federal Highway Corridor. It was anticipated that anyone applying for an IPUD would develop standards that would exceed the standards of the current development code in terms of site design, building architecture and construction materials, amenities and landscape design. Staff does not see any degree of excellence in the site plan and this is the first IPUD to come before staff. Staff acknowledges that the site is long and narrow from Federal Highway to the Intracoastal, which does place some limitations on the projects. Mr. Hudson noted that the plan only calls for four of the residences to have a view of the Intracoastal and only one of those four has any amenities that allow access to the Intracoastal. Mr. Hudson pointed out that only one unit has a balcony and the other units only have glass windows. Mr. Hudson also stated that the units that are on Federal Highway have a blank wall outside their door when they exit their unit and only one unit has a balcony. Other units look across the street to the gas station and Federal Highway, which indicates that they are not taking advantage of the site. The units are only 25' from front door to front door across the paseo and another 25' from garage door to garage door and are just stacked on the site. This is a very visible location and is one of the first things that people would see when they drive into the City. Also, staff feels that there is a lack of outdoor amenities. The only amenity is the swimming pool and a cabana that would be adjacent to the Intracoastal docking area. Staff feels that the location of the pool is not adequate and many of the residents would have to walk a long distance to the pool without any shade or even a bench to sit on. Mr. Hudson also pointed out that there are five parallel parking spaces along the recreation area except for the handicap space. The nearest space is about 190' from the pool and there is insufficient parking for guests. Also, the landscaping is 'deficient. Staff would also like to see more pervious areas. In conclusion, Mr. Hudson stated that even though the project is consistent with the Comprehensive Plan, staff recommends denial for the reasons stated above. Eric Johnson presented the site plan. Mr. Johnson stated that the project would reduce traffic and meets the traffic performance standards of Palm Beach County. There is only one point of ingress and egress that is located off Las Palmas. The applicant plans to use brick pavers to present a more attractive look. There are two points of pedestrian egress/ingress; one is along the Las Palmas egress and 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 the other one would connect to Intracoastal Park. Staff does endorse the concept of the entrance to Intracoastal Park. Required parking for a three-bedroom townhouse is two parking spaces per unit and together with the recreational area, the development would require 113 parking spaces. The site plan proposes 122. Each unit will have a two-car garage that is 20' in width; 17'3" in length; and the opening of the garage door will be 16' in width. Behind each unit there is 18' of asphalt for vehicular backup space. When backing your car out of the garage, the driver would have to make a 3.2° turn. Normally, the backup distance for these types of stalls in the CRA would be 24 feet and the City requires 27'. This project proposes 18'. This has been reviewed by the Engineering Division that stated this would be sufficient. The IPUD zoning district has no actual building setback requirements. However, the buildings should be arranged in such a way that they would exceed the basic development standards and this should be considered when reviewing the application. The colors of the buildings will be multi-colored ranging from light yellow to brown and an entry wall sign is proposed at Federal Highway. Mr. Johnson noted that staff would like to convert the use from commercial to residential, however staff objects to the project because of specific design issues that had been discussed previously by Mr. Hudson. Staff recommends increasing the width of the paseo, which would allow for increased trees, shrubs and on-site amenities. Staff would like to see the buildings angled or staggered so that more units could have visual access to the Intracoastal Waterway or the Park. Staff also feels that the development lacks overflow or visitor parking and the parallel parking spaces provided are not sufficient. Staff also feels that the garage cannot accommodate two large size vehicles and that people will end up parking in the parallel parking spaces. If there are any vehicles parked along the driveway, this would prevent someone from backing out of their garage. This could present unsafe driving conditions, as well as an unattractive living environment. Staff is recommending denial based upon comments in the staff report and the unresolved issues addressed in Exhibit C. 'If the item is approved, staff has included 64 conditions of approval. Mr. Johnson pointed out that 48 and 56 are duplicate, so actually there are 63 conditions of approval. Michael Weiner, representing Centex Homes, assumed the podium and stated that Bob Bentz will be addressing the details of the project. Mr. Weiner pointed out that they are not asking for any waivers or variances and the project is less than the density allowed. The City has moved forward with introducing IPUDs that allow 20 units per acre. Mr. Weiner pointed out that they would be making significant improvements to the site. The project is consistent with the surrounding 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 zoning, is compatible with the Comprehensive Plan, and will assist the economic development of the CRA. Bob Bentz the Land Planner with Land Design South for the development assumed the podium and noted that the issue is the site plan. Mr. Bentz introduced Mr. Kevin Borkenhagen from Centex Homes. He pointed out that Centex Homes has several projects in South Florida, Delray and Hypoluxo and all of those projects are similar to the one being presented. Mr. Bentz felt that the new Intracoastal Park would be a great amenity to their development, in addition to all the other residents in the area. Mr. Bentz presented a PowerPoint presentation of the project. Mr. Bentz pointed out that there are 12 buildings located along the southern boundary of the property with a 13u~ building along Las Palmas. All of the buildings, with the exception of one, are four unit buildings that total 54 residential units. The major recreational area will be the current pool on the property that will be enhanced and enlarged and will be a major amenity. He pointed out that this is an urban, infill project and is designed for the residents more than their vehicles. A slide of the garage was presented that showed two cars in the garage and he stated that the backup area actually totals 26'. An artist's rendering of how the buildings would look was presented with the paseo in the middle. Next presented was a slide on the main entrance that also contained a walkway with ancillary walkways to the individual residences. The entryway will be lined with six McArthur Palms, plus a Paurotis Palm in the middle with some Coconut Palm trees. There will be a significant amount of shrubbery throughout the overall site. The pool and cabana area will remain. Mr. Bentz pointed out that they only have 90' of frontage along the Intracoastal Waterway and four units will have a view of the Intracoastal. If they could have placed more units in this area they would have. There are 12 end units and each end unit is three-stories in height with views of the Park and a potential view towards the Intracoastal Waterway that would sell at a premium. The main parking for the Intracoastal Park abuts their property along 'the south. There will be walkway to the Park from the development that will provide the residents an opportunity to enjoy the Park. Mr. Bentz stated that the restaurant would be razed The project would reduce the traffic generation by 1,400 trips compared to its current use. Mr. Bentz pointed out that this is not a rental community, but will be home ownership. Mr. Bentz concluded his presentation. Mr. Weiner wished to place in the record that the project would support the Comprehensive Plan Policy and the Federal Highway Corridor Community 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 Redevelopment Plan that deals with Planning Areas 1 and 5. The project is in Planning Area 1. The Comprehensive Plan promotes compact developments and the City should continue to offer a full range of housing choices by allowing various densities. Also, the project is consistent with the Visions 20/20 Redevelopment Master Plan. Mr. Weiner pointed out that the overall goal for these two planning areas is to provide a strong residential base that is aesthetically inviting. The way the housing was presented would make a statement when entering the City. In summary, Mr. Weiner pointed out that the project is in line with Comprehensive Plan, the Visions 20/20 Plan and the Federal Highway Corridor Plan. Also, he noted that staff said they were compatible with the surrounding property owners, that the project would provide an economic development benefit to the City and they have met the burden of proof in accordance with the Comprehensive Plan. Chairman Finkelstein opened up the Public Hearing. Julie Szymkowski, 655 Las Palmas Park, has lived at her house for the past 30 years. Ms. Szymkowski did not want the applicant to use Intracoastal Park for their overflow parking. She felt that by putting in a pedestrian walkway the people living in that development would be spending their time at the Park. Also, she thought the project might create additional traffic. Sally Dalton, 650 Las Palmas Park, said that the Texaco gas station has created a great amount of traffic and she felt that all the cars exiting from the development would create more traffic problems. Chairman Finkelstein closed the Public Hearing. Chairman Finkelstein inquired if the applicant wished to respond to the public comment. Mr. Weiner responded that there would be improvements to Las Palmas Boulevard and Federal Highway. The lights will become synchronized and improved to three lanes. The usage will also eliminate 400 trips. Mr. Weiner did not think that any residents of the development would use the Intracoastal parking lot to park their vehicles, which is quite a distance from the development. Member Comments Mr. Aguila questioned staff comment #11 that dealt with lighting fixtures that shall be operated by photoelectrical control and would remain on until 2:00 a.m. and 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 that artificial lighting used to illuminate any property shall be directed away from all residential districts. Laurinda Logan of the Engineering Department assumed the podium and stated that this was a comment generated from her Department. They were concerned about the lighting going onto the residential property that abuts the development. She also stated that the lights had to go off no later 2:00 a.m. and must be shielded from adjacent properties. Comment #51 recommends including the site address on the wall sign. Mr. Aguila asked why this was being recommended. Mr. Johnson said this was the result of the Planning and Development Board that requested that all addresses be on the monument signs. Mr. Aguila felt that the project was jammed, and he did not feel that the homes were "upscale." He further pointed out that if the applicant could have put in 64 units, they would have. Mr. Bentz responded that because they were townhomes they could only put in 54, but if condominiums were built 64 could have been possible. Mr. Aguila pointed out that the site plan referenced two types of light, but they were not described. Mr. Bentz said there would only be one type of light, but they have not made a choice. Mr. Aguila also thought that 20' between the units was too narrow and there are too many rows of houses. He felt if the applicant took out some of the rows, they would be able to come up with a more upscale project. Also, Mr. Aguila said there were not enough balconies on the buildings, and he did not understand the details for the dumpster whatsoever. He also did not like the wall. Mr. Aguila also pointed out potential problems with the garages, if people did not use them, but chose to park on the street, thereby creating serious parking problems. Mr. Aguila said he could not support the project based on the design presented. Mr. Tillman felt that the project offered poor views, as well as poor parking. He also pointed out that the design does not exceed the development standards that staff recommended. Mr. Tillman questioned the statement that each one of the 'units would either have a park or waterway view. He did not think that this would be possible and that the views were actually obstructed. Mr. Tillman would like to see an excellent project that would hallmark the entrance to the City. He does not feel that this project meets this requirement. Mr. Fenton agreed with Mr. Tillman's comments and felt that the waterfront units should all contain balconies so that people could sit out and enjoy the view. Also, Mr. Fenton felt that the landscaping did not meet the requirements for Florida natives, and he would like to see some Florida natives added. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 Vice Chair Heavilin said that she agreed with the concept of the project, but had some real concerns about the parking. She also noted that it would be difficult for emergency vehicles entering and leaving the property. She would also like to see more guest parking. For the record, Vice Chair Heavilin said that she had met with some of the applicant's representatives. She would like to see more balconies and more ornamentation. Vice Chair Heavilin did not think that a direct view was necessary and that people would buy a unit that was in proximity of the water view. She said that she would approve the zoning request if the right changes were made to the site plan. Mr. Weiner pointed out that they agreed with 55 of staff comments and of the remaining eight, there are only four or five conditions that they have a concern with. Chairman Finkelstein inquired if there would be any bathrooms at the cabana and was informed there would be. Chairman Finkelstein also felt that the drive aisles were void of architectural elements. Mr. DeMarco said it was his understanding that this was the first draft and requested that the applicant get together with Planning and Zoning and go over the comments made tonight and come up with something that staff would approve. Mr. Weiner said they would be willing to work with staff to address their concerns. Mr. Tillman said that the project is too tight and he does not want to see it on Federal Highway. He would like to see some ambiance. Mr. Aguila wants less units, more separation between buildings, more landscaping, solid walls, more architectural ornamentation on the sides, and dumpsters need to be addressed. Mr. Aguila does not feel that the project could be accomplished without going back to the drawing board. Mr. Bentz responded to many of the points raised by members and stated that this development is family-oriented for people who want to live in a more urban environment. He did acknowledge that certain larger vehicles would not fit into the 'garage. Mr. Bentz felt that the development would be a positive asset to the City and would bring a different kind of buyer into the City. He pointed out that the cost for the property is very expensive and if they could reduce the number of units they would. Mr. Bentz said it was never their intent that everyone would be able to have a water view. Mr. Bentz said they are flexible on the architecture of the site and would be willing to look at adding some architectural detail and more balconies. He acknowledged that they are not putting much emphasis on the back of the project and it is simply being used as a driveway. They are concentrating more on the front of the units. 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 He feels that the layout of the driveways will work as they have on other projects that they have worked on. They would also be agreeable to adding more landscaping and relocating the current Coconut Trees on the property onto the site, as well as adding more native trees. In conclusion Mr. Weiner stated that they tried to design the development the way the staff wanted, but it did not work. He also pointed out that they agreed with 55 of the 63 staff comments and with some direction, he felt they could work with staff between now and the Commission meeting. Vice Chair Heavilin asked the applicant if he looked at adding more parking spaces, and Mr. Bentz stated that they could not add any additional parking without taking away some landscaping. Also, the deed restrictions would require the residents to park their vehicles in the garage and that the parking spaces are reserved for guests. Chairman Finkelstein inquired if the applicant wanted the Board to vote on the project tonight and move it forward to the Commission regardless of the outcome of the vote, rather than going back and working with staff. Mr. Weiner requested time to speak with the applicant. Mr. Weiner said that they would agree to a postponement in order to work things out and asked that the item be tabled to the next CRA meeting. Motion Mr. Aguila moved to table the item until the CRA Board Meeting of October 8, 2002. Motion seconded by Don Fenton. Motion carried 5-1 (Vice Chair Heavilin dissenting.) Administrative Appeal C. 1. Project Name: Agent: Owner: Location: Description: Gateway Texaco (ADAP 02-001) Beril Kruger, Planning and Zoning Consultants Zuhair Marouf 2360 N. Federal Highway N. Federal Highway at Las Palmas Request for appeal of administrative determination that proposed improvement to gas station/convenience store would be an unlawful expansion of a legal, non- conforming use. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 Motion Mr. Aguila moved to table. Motion seconded by Vice Chair Heavilin and unanimously carried. Mr. Fenton moved to recess at 8:15 p.m. The Meeting reconvened at 8:25 p.m. VI. Director's Report A. Project Updates City Manager Kurt Bressner was present to address the Old High School and Mr. Hutchinson requested that Item 5 be moved up. Members agreed to address the item first. Request from the Mayor and City Commission for the CRA to Develop an Alternative Use Plan for the Old High School City Manager Bressner reported that the City Commission has requested that the CRA look at alternative plans for the Old High School. He reported that the group that was trying to preserve the High School needed some outside ideas and the Commission felt that the CRA would be the best body that could address the issue. Mr. Bressner reported that there is $250,000 in the CIP budget for the demolition of the building. He pointed out that this has gone full circle and this is the original Board that recommended to the Commission that the building be demolished. Mr. Bressner said that $50,000 would be available to the CRA to proceed with this request. He felt that the capital costs of refurbishing the building needed to be looked at, as well as operation and maintenance expenses. Most of the ventures that have been proposed to the City have been made with very little funding. Mr. Aguila asked for an update on the condition of the building and if there was an .urgency to come to a resolution. Mr. Hutchinson reported that the building is sound structurally. There is a concern about termites, but the building is in need of moisture protection, such as a roof and replacing missing windows. There have been bids to re-roof and stabilize, which are well under $200,000. The hazards in the building are fleas and pigeon droppings. Mr. Aguila asked if the Board should find a qualified professional to do a study or should the Board do it in-house? Mr. Hutchinson said that he would come back to the Board with an outline of various strategies. He noted that there has been a lot of money spent to date on 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 studies. He concluded that no one entity could take over the property on its own, and yet many people have expressed an interest in having space in the building. Mr. Bressner said that the City is going to have to move forward to acquire property for parking for the Library expansion and it appears that the balance of the money would be used for that purpose. When Mr. Hutchinson comes back with an outline, Mr. Bressner will present that to the Commission and then a request can be made for the $50,000, but the $200,000 will be used for other purposes. Vice Chair Heavilin inquired about the demolition costs versus the restoration of the building. Mr. Bressner responded that demolition would cost $250,000, however, estimates for restoration are between $4 to $5 million, plus any type of adaptive reuse costs. Mr. Fenton inquired why this was being brought back to the Board since he voted against tearing it down when it first came before the Board. However, he does not want to spend any CRA money on refurbishing a building that has no economic value. He pointed out that the committee formed to save the building raised a meager $1,800 and there is no public support for saving the building. Mr. Fenton noted that the purpose of the CRA is to enhance economic activity in the CRA area. Mr. Aguila felt it deserved one more look. Mr. Tillman does not want to spend any more time or money on the High School and felt it is time to move on. He said that Mr. Hutchinson's agenda was filled with work and projects and did not think he should have to spend time on this. Further, Mr. Tillman noted that $50,000 is not enough money to move the project forward. Mr. Bressner said that the CRA has to either accept or reject the $50,000 and decide whether they want to deal with the project. Mr. DeMarco suggested asking the developer that remodeled the Delray School to look at the High School and get his opinion on whether it would be worthwhile to do anything with the building. Mr. Bressner responded that this has already been done and the upkeep of the building would have an annual cost of approximately $400,000 to $600,000. 'Chairman Finkelstein agreed with Messrs. Fenton and Tillman and felt the CRA plate is very full and he would like to see the building razed. He noted that there already is a remodeled school and he would like to have a beautiful entry way built leading to the school that could include landscaping and a reflective pond. Chairman Finkelstein said he would be willing to wait another month and have Mr. Hutchinson come back to the Board with some suggestions. He did not want the CRA to fund this type of project. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 There was a consensus among the Board that Mr. Hutchinson will bring his suggestions to the October 8th meeting at which time the Board will make a decision on how to proceed. Mr. Hutchinson requested that under New Business, Item K. (Consideration of Negotiation for Acquisition of Properties for the Boynton Beach Boulevard Extension, the Promenade, Riverwaik and Mangrove Park Expansion) and Item L. (Consideration of a Request for City funds in support of Acquisition of Properties for the Boynton Beach Boulevard, the Promenade, Riverwalk and Mangrove Park Expansion) be addressed while Mr. Bressner was still present. Chairman Finkelstein noted that the Board has already given its approval to the Commission to take the Riverwalk properties by eminent domain and that the City has put $385,000 into the pool for acquisition purposes. The $385,000 was held back until it was determined how much property would be acquired. Mr. Bressner felt that it would beneficial to acquire the entire property. The City feels that having the mangrove area contiguous to the existing Mangrove Park would provide additional opportunities for outdoor experiences and expansion of the walkway area. Also, if the CRA acquired the property, it would eliminate the possibility of a visual barrier for redevelopment opportunities along Federal Highway. Mr. Bressner would like the parties to work together to acquire all the parcels. Members agreed to proceed in this direction. Motion Mr. Fenton moved to request from the City Commission that the balance of the funds of approximately $385,000 be transferred to the CRA for the purpose of acquiring the balance of the parcels for the extension of the Promenade and the Riverwalk. Motion seconded by Mr. DeMarco and unanimously carried. Motion Mr. DeMarco moved to authorize Mr. Hutchinson to negotiate the purchase of the Hall and Reese properties for the Boynton Beach Boulevard Extension, the Promenade, Riverwalk and Mangrove Park Expansion. Motion seconded by Mr. Tillman and unanimously carried. 1. Update on Transfer Funds to CRA Operating Account Mr. Hutchinson reported that he met with Mr. Bressner, Diane Reese and Susan Vielhauer, the new CRA Controller. He stated that on the October 1st City Commission Agenda, there will be a request to have the funds transferred to the CRA for its own independent accounting program and operations. He is also presenting the Policy Statements tonight because they must be in place. 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 Mr. Hutchinson stated that the computers have arrived and are being loaded with the necessary software. The accounting package should be in by October 1st and will be up and running. Chairman Finkelstein inquired if the computers would be linked to the City for payroll processing and Mr. Hutchinson said that they were. Mr. Hutchinson responded that they are City employees because they are using the City's tax number. They are also having problems getting benefits because they are a small office. The City offered to run the CRA employees as City employees and that the CRA make one check out monthly to reimburse the City. Chairman Finkelstein did not think that this could be done with contract employees. Mr. Hutchinson stated that even though they would become City employees, they would still be hired and fired by the CRA Board. Attorney Payne was not sure if this was the intent of the Board and she has not been consulted on this. Mr. Hutchinson pointed out that when he and Ms. Vielhauer signed their contracts, it was stated that as soon as the CRA could have employee status, they would switch from contract employees to employee status. Mr. Hutchinson stated that they cannot apply for a Federal I.D. number because they do not have any bylaws or articles of incorporation because they are governed by the State of Florida. Attorney Payne stated that the CRA has its own State Statutes, which acts as their bylaws. Attorney Payne pointed out that the CRA is a separate entity and they are employees of the CRA and not the City. Mr. Hutchinson said that if they did not obtain employee status, they would not have any benefits. Chairman Finkelstein said that they would receive benefits and this was to be covered in the Policy and Procedures Manual. The CRA would become the employer and Mr. Hutchinson and his staff would be CRA employees. Mr. Hutchinson requested that Legal work with Finance to get this straightened out in order to obtain their own Federal Tax I.D. number. It was agreed that Attorney Payne and Mr. Hutchinson would get together and review these items. Chairman Finkelstein noted that the discussion of change in employee status had nothing to do with the transfer of the funds and that this would appear on the 'Commission Agenda for October 1st 2. Reminder of Ending of Director's Probationary Period The status would remain as is. Review Comments for Fa;ade Grant Program Revisions for 2002/2003 and Direction for Existing Applications 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 Mr. Hutchinson reported that he had three applications and requested direction on how to proceed. Chairman Finkelstein recalled that at one of the workshops Mr. Hutchinson presented some changes to the existing program and more money was added to the program. Mr. Hutchinson was going to redraft the procedures and bring them back to the Board for approval. Mr. Hutchinson was instructed to bring his revised program to the next meeting and to hold onto the applications until the new program is approved. The applicants could then apply under the new program. 4. Update on Office Space Mr. Hutchinson reported that Gene Moore informed him that he had a 1,200 square foot office available at $1,000 per month on the first floor of his building. He also reported that Mr. Weiner gave him a renovation drawing of the front of the former Blossom Shop and that space could also be available in short order. The rent would be on a month-to-month basis, on a square foot basis. Chairman Finkelstein reported that he has not heard back from Bank of America. Mr. Fenton asked for details on the former Blossom Shop. Chairman Finkelstein said that the space consists of 3,400 square feet at $12 per square foot, triple net. Mr. Weiner said that he could not match Mr. Moore's offer. If the CRA would like to move there on a short-term basis, he would like to discuss renovating approximately 300 to 400 square feet. He felt that this would be the perfect place for the CRA because it would be on the street. Mr. Weiner said he could have the building ready as soon as possible, depending upon how fast the City could move on it. Mr. Fenton asked about parking and Mr. Weiner responded there are 14 spaces available, including the garages. Mr. Aguila felt that the CRA should move on this as soon as possible and to accept Mr. Moore's offer temporarily. Motion Mr. Aguila moved to authorize the CRA Director to get with Gene Moore to work out a temporary space on a month-to-month basis in his building next to the Chamber of Commerce while he continues to research other office possibilities not to exceed $1,000 per month gross. Motion seconded by Mr. Tillman and unanimously carried. 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 6. Board Update on Ocean District Plan Mr. Hutchinson referred to the document furnished to members that was prepared by the Planning Division. He announced that some public hearings will be taking place for public input in October and requested that some of the Board members attend. The dates have not been set, but as soon as they are known Mr. Hutchinson will notify all Board members. 7. Incentives Program Outline for CRA Cash Contributions Mr. Hutchinson requested that members come up with items that they would like to include in the program. Chairman Finkelstein handed his comments to Mr. Hutchinson. VII. Unfinished Business None VIII. New Business Review Relax Inn Contract and Conditional Items and Consider Approving Purchase and Direction to Set Purchasing Closing date (previously addressed) B. Review of Trash Collection for the CRA Area Mr. Fenton said that he requested this item be placed on the Agenda. He noted that the City controls collection of trash and there is no competition, which leads to a higher cost. There are many commercial projects in the CRA area that would be in need of trash collection, and he would like a study done by staff. He would like to determine the cost for trash collection by commercial users compared to comparable cities in the area that have the free enterprise system and the quality of the service. Developers have told him that they have had to shut down because the trash isn't pick up on time. Mr. Fenton felt this is an important issue and that developers 'should be allowed to use competitive bidding. Mr. Henderson did not think that this was an area that the Board should become involved in. If private enterprise would like to come into the City, this is something they should follow through on their own. Mr. Aguila explained that a developer does not have a choice in Boynton Beach and must use the City for trash collection. 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 Further, Mr. Fenton stated that the Board cannot change this, but must make a recommendation to the City Commission. Mr. Fenton would like private enterprise to be able to compete with the City on both price and services. Mr. Fenton suggested contacting some of the surrounding cities to determine their pricing mechanism. He has been told that Boynton Beach is one of the highest in the area. Mr. Aguila pointed out that most municipalities are not in the trash business. Mr. Hutchinson was requested to do an informal survey and bring the information back to the Board to see if there is a problem and for the Board to decide where to go from there. He will bring some information back to the Board to determine if there is a problem. Review Staff recommendations for selection of a firm for the CRA Signage Program and subsequently to develop and negotiate a consulting contract for the CRA Signage Program and bring a proposed document to the CRA Board for final approval. Mr. Hutchinson referred to the matrix included in the agenda packet of the companies that responded to the RFQ. CRA staff and Laurinda Logan from the Engineering Division ranked them. Of the seven that responded, three did not meet the basic qualifications. Mr. Hutchinson discussed the scope of the work that would be performed. Staff recommended going with Guidance Pathway Systems, Inc. that ranked No. 1. He also suggested that the Board could have the top two finishers come in to make presentations if they preferred. Mr. Aguila inquired if a budget was identified with the RFQ, and Mr. Hutchison responded $25,000. Mr. Aguila inquired what the bidder was expected to do with $25,000. Mr. Hutchinson said that they would do the design, location and installation. There was a consensus to go with Guidance Pathway Systems, Inc. that finished first. Do Request for Qualifications for Architectural/Engineering Services for the Construction of the Extension of Boynton Beach Boulevard and the Promenade Phase I, II & III Located Adjacent to the Marina Project Mr. Hutchinson stated that this was not ready to be addressed. Review Candidate for Controller and Consider Approval of Contract and Fees to Robert Half Agency 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 Chairman Finkelstein noted that the Robert Half Contract was never received. Mr. Hutchinson stated that the only contract is the letter from Robert Half Finance and Accounting. Mr. Aguila inquired where the 25% fee would come from and Mr. Hutchinson stated that it would come from Personnel from the old budget. Motion Vice Chair Heavilin moved to approve the contract Controller and to pay the fees to Robert Half Agency. Fenton and unanimously carried. of Susan Vielhauer as Motion seconded by Mr. Attorney Payne said that the Board should review the contract with Robert Half Agency prior to approving it. Chairman Finkelstein said that the payment of the fee should be postponed until the contract with Robert Half Agency is reviewed. Vice Chair Heavilin amended her motion to state that only the contract to hire Susan Vielhauer as Controller be approved effective September 3, 2002. Mr. Fenton seconded the amended motion that unanimously carried. Attorney Payne pointed out that the Contract should not have been executed until tonight when it was approved. Chairman Finkelstein pointed out that this was discussed at the workshop, and Attorney Payne stated that you cannot take formal action at a workshop. Review of Insurance Policies and Bonding Submitted by Controller for CRA Coverage and Consider Reimbursement of Costs as per the Employment Contract Motion Mr. Aguila moved to approve the insurance package as submitted for Susan Vielhauer. Motion seconded by Vice Chair Heavilin and unanimously carried. G. Consideration of Approval of a CRA Secretary Mr. Hutchinson reported that over 100 resumes were received in response to the first ad for the secretary who has since left. He spoke to a local agency, A&A Associates, that had some qualified people. Mr. Hutchinson introduced Annette Gray who has an MBA and her resume is included in the packet. A&A Associates also provides a 60-day replacement guarantee and Ms. Gray will be paid by the hour until her probation is over. 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 Her skills are excellent and Mr. Hutchinson was of the opinion if he were in a position to hire an assistant she would be a prime candidate. Mr. Hutchinson would like her to begin work on October 1,2002. Chairman Finkelstein requested that Mr. Hutchinson obtain a 90-day guarantee as opposed to a 60-day. Chairman Finkelstein also pointed out that if Ms. Gray worked for 90 days on a temp-to-hire basis, A&A would discount their fee 33% for every 240 temporary billable hours, which in effect means that there would not be a placement fee. Mr. Fenton requested that Ms. Gray address the Board and give a brief summary of her background and experience. Ms. Gray responded that she has worked seven years in a corporate environment. She has lived in Florida for approximately five years and is originally from Jamaica. Ms. Gray said that she has a strong customer service, computer, marketing and event planning background. She is also involved with FAU as a Micro Business Instructor dealing with small business associations. Her interests in working with community programs stems from her association with FAU. Chairman Finkelstein inquired if credit and criminal background checks would be run on Ms. Gray. Mr. Hutchinson stated that they were run on both new employees and are contained in their files. Motion Mr. Fenton moved to engage Annette Gray for the CRA Secretary position at a salary of $35,000 per year with benefits after the 90-day probation period. Motion seconded by Mr. Aguila and unanimously carried. H. Review and Consideration for approval of the CRA Personnel Policy Manual, Purchasing Procedures Manual and Financial Operations Manual Chairman Finkelstein requested that the Board approve the Manuals and if there are any comments after they are approved, they can always be changed. He 'pointed out that these policies need to be in place to receive the funds. Motion Mr. DeMarco moved for approval. Motion seconded by Mr. Aguila and unanimously approved. (Mr. Tillman left the meeting at 10:00 p.m.) 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 Vice Chair Heavilin questioned that there was no vacation time during the first year. Mr. Hutchinson stated that they are not recommending this. He pointed out that the majority of the Policy Manual was taken from the City's Manual. Vote Motion carried 5-0. Consideration of 2002~2003 CRA Budget Mr. Hutchinson spoke with the City of Delray Beach and they have budgeted between $75,000 to $250,000 for design guidelines. Mr. Hutchinson noted at the workshop $30,000 was budgeted for design guidelines and he would like to increase this to $100,000. Chairman Finkelstein remarked about the bonding and insurance line items. Mr. Hutchinson pointed out that the CRA is paying for his bond for one year and is also paying for Ms. Vielhauer's bond for one year. Next year they should be able to get these in one policy at a cost savings. Chairman Finkelstein requested that the $385,000 from the City for the Riverwalk Project be included under income, plus the $200,000 that the CRA would be contributing. He requested that $550,000 be added to the reserves. Mr. Hutchinson said he would go back and prepare a budget with an estimated beginning balance beginning on October 1, 2002 through September 30, 2002 Motion Mr. Fenton moved to accept the proposed budget, as amended. Motion seconded by Vice Chair Heavilin and unanimously carried. Je Consideration of Payoff of CRA Loan at Bank of America and Seek Proposals to Establish a Line of Credit Chairman Finkelstein would like to approach Bank of America regarding paying off the loan and converting to a $3 million line of credit with no costs whatsoever. Mr. Hutchinson stated that when the CRA goes for a letter of credit, this needs to be done competitively. Chairman Finkelstein said that when they are ready to use the 'line of credit they could go to three banks and get bids, while ensuring that the funds would be there. Mr. Fenton agreed with this concept and felt that they were not given the proper options previously. Chairman Finkelstein emphasized that before closing relations with the Bank of America, they should try to convert to a line of credit; and then they could check with other banks to determine their rates when there is a need for funds. Mr. Hutchinson said that he needs a formal motion. 21 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 10, 2002 Motion Mr. Fenton moved that they approach Bank of America with regard to paying off the loan and converting to a $3 million line of credit with no costs whatsoever. Motion seconded by Mr. DeMarco and unanimously carried. IX. Other Items X. Public Audience Xl. Adjournment There being no further business, the meeting propedy adjourned at 10:15 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (three tapes) (September 12, 2002) 22