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Minutes 11-12-02 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, NOVEMBER 12, 2002 AT 6:30 P.M. Present Larry Finkelstein, Chairman Doug Hutchinson, CRA Director Jose Aguila Lindsey Payne, Board Attorney Alexander DeMarco Dale Sugerman, Assistant City Don Fenton Manager Jeanne Heavilin, Vice Chair Michelle Hoyland Henderson Tillman I, Call to Order Chairman Finkelstein called the meeting to order at 6:40 p.m. II. Roll Call The Recording Secretary called the roll and declared that all members were present. III. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda The following changes were made to the Agenda: At the request of Mr. Aguila, the addition of a discussion for a recognition program for outstanding landscaping and aesthetics projects was added under Item X., "Other Items." Chairman Finkelstein requested that the following items be added to the Consent Agenda: 1. VII.2, "Financial Reports" :'2. 'VII. 7, "Preferred selection process to complete Boynton Beach Boulevard District CRA Plan Up" 3. VII. 8, "Design Guidelines Overlay" 4. VIII. F, "Consideration of Insurance for Property and Liability, Windstorm, Workers Compensation and Employee Bonding" 5. IX.A, "Approval of Revised Travel Policy" 6. IX, C, "Consideration of Employee Health Insurance Plan" Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 7. IX.D, "Consideration or Resolution to Secure a CRA Credit Card" ~ Item IX.B, "Consideration of Fa~:ade Grant Request from Marc Fender for High Ridge Properties LLC" was moved up as Item VI.E. Ms. Hoyland requested that the following items be added to the Consent Agenda: ~ VII. 3, "CRA/BODA Downtown Event" ~ VII. 4, "Events Coordination Effort" Ms. Hoyland also requested that Item VIII. H "Resolution of the Boynton Beach Community Redevelopment Agency, reconfirming and reauthorizing the purchase of the Relax Inn", be moved to the Consent Agenda. Chairman Finkelstein informed Ms. Hoyland that this item had to be addressed separately. B. Adoption of Agenda Motion Mr. Aguila moved to approve the Agenda, as amended. Motion seconded by Vice Chair Heavilin and unanimously carried. Chairman Finkelstein inquired if any Board member wished to remove an item from the Consent Agenda. > Vice Chair Heavilin and Mr. Aguila both requested to remove Item VII. 3 "CRNBODA Downtown Event" for discussion. > Ms. Hoyland requested to remove Item IX.C, "Consideration of Employee Health Insurance Plan" for discussion. > Ms. Hoyland requested to remove Item IX.D "Consideration or resolution to secure a CRA Credit Card" for discussion. > Mr. Aguila requested to remove Item VIII. F, "Consideration of Insurance for Property and Liability, Windstorm, Workers Compensation and Employee Bonding" for discussion. IV. Consent Agenda Motion Mr. Aguila moved to approve the Consent Agenda, as amended. Motion seconded by Vice Chair Heavilin and unanimously carried. A. Approval of Minutes - October 8, 2002 CRA Board Meeting 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Vice Chair Heavilin pointed out that the Agenda packet included a duplication of the minutes, which were numbered pages 414 through 443. She requested that the pages be renumbered accordingly. Motion Vice Chair Heavilin moved to approve the minutes. Motion seconded by Mr. Aguila and unanimously carried. Item VII. 3 "CRA/BODA Downtown Event" Vice Chair Heavilin had concerns that the event had been announced before it came before the Board for approval. She requested that a budget and a breakdown of the $7,500 be furnished. Mr. Aguila inquired if the word "accusations" contained in the first paragraph of the second line in the agenda backup memo (page 497) was correct and requested a clarification. Chairman Finkelstein suggested the word be changed to "occasions." Mr. Aguila also would like more detail on how the $7,500 would be spent. Mr. Hutchinson responded that the money was in the budget set aside for events. The money will be used for entertainment, flyers and tee shirts. It is anticipated that the selling of tee shirts will generate revenue. Because some of the work will be done in house, the full amount may not be needed. Since the event came up quickly, Mr. Hutchinson felt that they needed to move quickly to help the downtown out: $5,000 will be used for the entertainment and $2,500 will be for incidental items. BODA will also be contributing prizes and other items. Vice Chair Heavilin inquired if BODA would be paying for anything, and Mr. Hutchinson said that they would be paying for various items. Chairman Finkelstein inquired who would be responsible for the insurance for the event and Mr. Hutchinson responded that the CRA insurance covers events. The City is waiving whatever fees may be necessary. Vice Chair Heavilin inquired about the time of the event and was informed it would begin a~ approximately 6:30 p.m. and run to 10:00 p.m. It was pointed out that the Parade this year will take place on Congress Avenue. Mr. Aguila requested that Mr. Hutchinson report to the Board what the actual expenses were, which he agreed to do. Motion Mr. Aguila moved to approve $7,500 for "Lets Go to the Hop" as suggested in the November 8, 2002 memo. Motion seconded by Mr. Fenton. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Mr. Aguila amended his motion to state, "not to exceed $7,500", which Mr. Fenton agreed to. The motion unanimously carried. Item VIII. F, "Consideration of Insurance for Property and Liability, Windstorm, Workers Compensation and Employee Bonding" Mr. Aguila pointed out that there was a typographical error in the first line of the memo in the agenda packet and that the word "statues" should be changed to "status." Chairman Finkelstein also suggested that the word "and" be removed in the second line so that the sentence would read, "As an independent agency ""'~ it is in the best interest.." Motion Vice Chair Heavilin moved to approve. Motion seconded by Mr. Aguila and unanimously carried. Item IX.C, "Consideration of Employee Health Insurance Plan" Ms. Hoyland inquired if the amount budgeted for this item in the memorandum was the CRA contribution to cover the employee or was it the employee's contribution. She was informed that it was the CRA's contribution, which was $811.66 per month for the employee only. The employee would be responsible for 100% of any coverage for a dependent, and the CRA would pay 100% of the coverage for any employee. Staff is recommending approval of Aetna for health insurance and CompDent for the dental and eye program. Motion Mr. Tillman moved for approval. Motion seconded by Mr. Aguila and unanimously carried. Item IX.D "Consideration or Resolution to Secure a CRA Credit Card" Chairman Finkelstein thought that the word "or" in the title should be "of". Ms. Hoyland inquired if staff is asking the Board to consider creating a resolution. Mr. Hutchinson responded that the Bank furnished their own Resolution and is requesting that their Resolution be executed. The Resolution is on Page 582 of the agenda packet. Chairman Finkelstein pointed out that the Resolution authorizes the Director, Controller and Administrative Assistant to become cardholders. The Board member names on the bottom of the Resolution are authorized to approve the Resolution on behalf of the Board and are not cardholders. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Chairman Finkelstein inquired if the authorization for a single purchase of $250 and $500 in anyone 30-day period would still apply and Mr. Hutchinson responded that they would. Vice Chair Heavilin inquired why staff was in need of a credit card and Mr. Hutchinson responded that they could be used to reserve rooms for Board members to attend conferences and for other travel related items. Mr. Aguila inquired if staff members were required to notify Mr. Hutchinson prior to using the credit card and he was informed that was the procedure. He was also informed that the statements would be available to Board members for their inspection and will be included on the financial statements. Motion Mr. Fenton moved for approval. Motion seconded by Mr. Tillman and unanimously carried. V. Public Audience Chairman Finkelstein announced that speakers would be limited to three minutes. Hilary Lynch, 28 Country Road, Village of Golf, President of the Board of the Boynton Cultural Centre, Inc., known as the Schoolhouse Children's Museum on Ocean Avenue, explained that the Boynton Cultural Centre is a non-profit corporation that has spearheaded the efforts to develop a hands-on Children's Museum by partnering with the City. While Ms. Lynch spoke, Brian Edwards distributed informational material, along with Ms. Lynch's speech to the Board members. Ms. Lynch pointed out that the Boynton Cultural Centre had been aware over the past months of the issue to tear down the Old High School, but chose to remain neutral because of the close partnership their Board has with the City. Ms. Lynch was present tonight, along with other members of their Executive Committee and Long Range Planning Committee to ask for time for the Boynton Cultural Centre to consider plans and practical uses for the Old High School. Ms. Lynch pointed but that they have the capability, experience, energy and knowledge on how to raise the money needed to save the Old High School. Now that the CRA is in charge of the project, they would like to work with the CRA Director to formulate ways to use the Old High School and they would like time to discuss the use of the Old High School with their entire Board. William Orlove, 2459 SW Cranbrook Drive, Boynton Beach is a member of the City's Recreation and Parks Board. Mr. Orlove would like the Old High School preserved for Boynton's future. He noted the success of the Children's Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Schoolhouse Museum and felt that the Old High School could enhance the Museum and bring more people downtown. Mr. Orlove requested that the CRA study the issue further and move forward in a positive way. Bruce Black felt that the decision about the Old High School is one of the most important decisions that could be made. He pointed out that several individuals have expanded into downtown and that the opening of the Children's Museum has been one of the greatest successes in the City. He noted that the voters passed the County's bond issue to create more cultural centers and he feels that this could happen in this area. Mr. Black was against tearing down the Old High School. He noted that there has been talk about putting in a band shell and this will draw people to the downtown, as well as the Marina Project on the other side of Town. Mr. Black felt that tearing down the Old High School would be contrary to the Visions 20/20 Plan and challenged the City to put up some money and partner with the CRA on the project. He noted that the City had money that could be earmarked for the project. Mr. Black also stated that the Library expansion will be taking place and the Old High School would be a great addition to the area. Brian Edwards, 629 NE 9th Avenue, Boynton Beach spoke on behalf of the Executive Committee of the Cultural Centre and said that they have not had an opportunity for their full Board of Directors to meet with the CRA Director. There are funding and timelines that need to be addressed and he would like additional time for their Board to work with the CRA Director. He indicated that they could come back to the CRA Board within 9 to 12 months with a proposal. They have an active Board, major donors, community support and a proven track record. He urged the Board to give their proposal serious consideration. Harvey Oyer, 512 N. Seacrest Boulevard, Boynton Beach is a Trustee of the Boynton Historical Society and has been trying to have the Old High School preserved. Mr. Oyer felt that the City, when it was given the Old High School, should have placed it on the National Historical Registry. The Historical Society created the Cultural Centre, Inc. so that the project could be a community-wide project. He would like the Historical Society to be given an opportunity to come up with a viable program for the use of the building and an opportunity to provide input. He did not think that the project should be turned over to the Cultural Centre, Inc. ~' Chairman Finkelstein closed the public audience. Mr. Aguila asked if the item could be addressed now or should the Board wait until it appears on the Agenda under Old Business? Mr. Aguila requested that the item be moved up. Chairman Finkelstein stated that the item could be moved up after the last Public Hearing Item as Item VI.F. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Motion Mr. Aguila moved that the discussion on the Old High School be moved up as Item VI.F. Attorney Payne pointed out that the item would not be under Public Hearings, but would be heard after the Public Hearing items. Motion seconded by Ms. Hoyland and unanimously carried. VI. Public Hearing Planning and Zoning Hearing Items Attorney Payne administered the oath to all persons who would be testifying. New Business PUBLIC HEARING A. Land Use Plan Amendment/Rezonin.q (Revised) 1. Project Merano Bay 9LUAR 02-006) Agent: Cados Ballbe, Woodside Land Development Corp. Owner: AutoZone, Inc. Location: Southeast corner of Shore Drive and North Federal Highway Description: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) 20du/acre Dick Hudson presented the item on behalf of staff and explained that the Board approved the rezoning and the site plan for the project, and that the land use amendment had to be re-advertised to include the two extra units. Therefore, staff is bringing back'this item for this purpose only. No one wished to speak under the public hearing. Motion Mr. Aguila moved to approve. Motion seconded by Vice Chair Heavilin and unanimously carried. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 B. Comprehensive Plan Text Amendment (CPTA 02-001) 1. Agent/Owner: Staff Initiated Description: Request for modification to Comprehensive Plan Policy 1.19.2 to insert an additional exception to the restriction on industrial land conversions to support the City's supply of housing for current and future populations. (This amendment is in response to the objections of the State to the South Congress Residential [LUAR 02-002] Application.) Dick Hudson presented the item on behalf of staff to amend to the future land use element of the Comprehensive Plan in order to alleviate a restriction in the current language that prohibits the conversion of industrial land to any use that does not produce jobs. Staff wants to add language that would allow the City to convert land if it would assist the City in meeting its housing goals. That goal is: "The provision of decent, safe, and sanitary housing in suitable neighborhood environments at a range of costs and variety of types necessary to meet the needs of present and future residents of the City." This is being processed concurrently with the land use amendment for South Congress Avenue for conversion from industrial to residential use. When the amendment was sent to DCA, they objected to the policy in the Comprehensive Plan. DCA suggested that the policy be amended. Staff worked with the original applicant to come up with a suitable land use amendment and the final language agreed to for the proposed text is as follows: 'The City shall provide continued effort to allow for industrial acreage; however, that land designated 'Industrial' on the currently adopted Future Land Use Map may be converted to commercial or residential designations if the conversion (i) would generate a range of employment choices for current and future residents, provide goods and services of regional importance, or would provide opportunities for the City to meet its long-range housing goals; and (ii) is based upon adequate data including market analysis." Mr. Hudson went on to explain that when the Comprehensive Plan was first developed a study was done to project the needs for both commercial and industrial lands. Almost 70% of industrial land in the City is developed for warehouse use and employs approximately 8 persons per acre, whereas light industry would employ 24 persons per acre. Therefore, the jobs that were anticipated never came to fruition and currently there is a high vacancy rate in industrial buildings in the City. The amendment will provide for some Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 development that would benefit the City and result in some kind of employment. Staff is requesting that the amendment be approved. Vice Chair Heavilin inquired under the new language if the land could be used for either industrial or residential, which Mr. Hudson confirmed was correct; provided that a market analysis is done to support the request. Ms. Hoyland noted that the Policy is referred to as Policy 1.19.2 under staffs proposed text and under proposed text as recommended by the P&D Board the Policy is referred to as Policy 1.19.1. Mr. Hudson stated that this is a typographical error and the Policy numbers should be the same. Ms. Hoyland inquired if all three criteria recommended by the P&D Board had to be met or would only one criterion be sufficient. Mr. Hudson stated that only one of three would be acceptable. Mr. Fenton inquired why this item was being brought before the CRA since Congress Avenue is not in the CRA District. Mr. Hudson explained that all text amendments to the Comprehensive Plan are citywide and could affect land in the CRA. Mr. Fenton inquired how much industrial acreage remained in the City? Mr. Hudson responded that in 1987 there were 775 acres designated industrial and 247 of that original amount was developed industrial. In 1996 there were 438 acres undeveloped. As of October, there are 101 acres remaining that includes the 38 acres that are the subject of the text amendment. This does not include land remaining in Quantum. Also the property that remains industrial is in small parcels. Mr. Fenton inquired why the City wanted to get rid of its largest piece of industrial property. Mr. Hudson noted that staff went to the City Commission on October 1st and asked for direction on how to deal with the objections from DCA. The City Commission would like the land use in the City to respond to the market. Ms. Hoyland pointed out that the text amendment would not eliminate industrial it merely allows for other uses. Chairman Finkelstein opened up the public hearing. Bob Ensler, 26 Woods Lane, Boynton Beach noted that the Comprehensive Plan was formulated in 1989 and it was determined at that time how much industrial land would be needed and how much acreage the City had. The 1989 plan was based upon a consultant's report issued in 1986. The 1986 report was based upon data collected between 1980 and 1986. Therefore, the plan is based upon 20-year old data. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Mr. Ensler complimented Mr. Hudson in formulating the proper wording for the text amendment. The City Commission did not put the word "prohibit" into the Comprehensive Plan until June 2000. When this was done the Commission was not aware that they were making this change based upon 20-year old data. Mr. Ensler noted that the City needed to come up with a new Comprehensive Plan, but in the meantime urged the Board to support the text amendment Kieran Kilday, Land Planner of Kilday & Associates, 1551 Forum Place, West Palm Beach pointed out that his firm worked on the conversion of the 38-acre parcel which resulted in the request for the text amendment. Mr. Kilday stated that he was satisfied with the proposed language and that any change from industrial would still require a land use change, as well as a public hearing. Chairman Finkelstein closed the public hearing. Motion Mr. Tillman moved for approval. Motion seconded by Mr. DeMarco and unanimously carried. C. New Site Plan 1. Project: CKS Incorporated (NWSP 02-005) Agent: Jeff=fey Smith, JMS Design, Inc. Owner: CK$ Incorporated Location: Lot 44 Tradewinds Estates - East side of Old Dixie Highway, North of Gulf Stream Boulevard and South of Miller Road Description: Request for site plan approval for an 8,043 square foot, one story office/warehouse building on a 0.67 acre parcel Mr. Rumpf presented the item. The proposed site was annexed on April 17, 2002 and the Future Land Use Maps were amended to show the property with a commercial general land use classification in a C-4 Zoning District. A 27' single access drive is proposed and the required parking is one parking space for each 200 square feet of office area and one space for 800 square feet of warehouse and mezzanine area. A future mezzanine area of 2,000 feet has been included for parking calculation purposes. The required 20 parking spaces will be provided. There are two emergency and service vehicular maneuvering areas that are provided at the eastern end of the site to be solely used as a turnaround. 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12,2002 Mr. Rumpf described the landscaping that would be placed on the site. The south landscape buffer will be at least five feet in width with additional trees and hedges. The building is one-story and will be 23' 6" in height at the highest point of the parapet wall and will meet all setback requirements. The building will contain five condominium units. Excluding the future mezzanine area, four units will be 1,475 square feet and the fifth unit will be 2,238 square feet. The existing chainlink fence will be removed and replaced with a 6' white aluminum picket fence with a rolling security gate along the Old Dixie Highway right-of-way. There will be a 6' concrete block wall along the east property line adjacent to the trailer park and will be painted to match the building. The fagade will be enhanced with a parapet with horizontal lines, arches and circular score lines. The overhead doors will face south. There is a proposed monument sign of 6' x 14' (48 square feet in area). Conditions of Approval will require that all details of the sign be provided and that the colors are consistent with the proposed building. Staff is recommending approval of the site plan based upon the conditions of approval contained in Exhibit C. Jeffrey Smith of JMS Design, 211 South Federal Highway assumed the podium. Chairman Finkelstein pointed out that there were 29 staff comments and Mr. Smith said he agreed with all staff comments except for comment #25. The owner would prefer not to enter into an agreement with the adjacent property owner that may not always be the same owner. They are proposing to provide a drop scaffold system for maintaining the wall instead. Mr. Rumpf responded that staff would not have a problem with arrangements on how the applicant takes care of their building. No one wished to speak under Public Audience. Mr. Aguila noted that since the site is in the CRA area and would allow a drive aisle of 24', he would like the south line of the parking moved three feet to the north so that the three feet could become landscape area. Mr. ^guila also had concerns about how the backside of the property would look. Mr. Rumpf requested that Mr. Aguila's request be made a condition upon staffs approval to determine that the turnaround radius could accommodate oversized vehicles. Mr. Aguila suggested removing some of the pavement and 2' of overhang so that the pavement could be reduced. Mr. Rumpf thought that this could be worked out. Ms. Hoyland stated that the south and west elevations were nicely designed for its use and that the designer did a good job. Ms. Hoyland was against having blank walls on the north elevation and questioned the use of drop down 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 scaffolding on the back of the building. She suggested adding some banding to the north elevation. Ms. Hoyland inquired where the air conditioning units would be located, and Mr. Smith said if there were air conditioning units they would be roof mounted. Ms. Hoyland wanted assurances that if there were air conditioning units that the proper screening would be provided or that the parapets are increased to hide the roof equipment. Ms. Hoyland would also like the 3' reduction of the drive aisle along the south side of the property and would like this applied to the north elevation as well. She felt that by adding landscaping to the north elevation this would soften the building. In any event, Ms. Hoyland would like to have the north elevation softened either by adding banding or tower features or with landscaping. Mr. Smith agreed to soften the north elevation by adding banding or towers. With regard to adding 3' of landscaping, he had concerns. In the event it was decided to build on the north property line, there would be a 3' space where nothing would grow. Mr. Smith also agreed to reduce the drive aisle on the south end. Mr. Aguila requested that it be a condition of approval that the roof equipment must be screened and that the top of the screening would be no lower than the top of the highest unit. Motion Ms. Hoyland moved to approve the site plan for CKS Incorporated, subject to the conditions as listed in the staff report and subject to the following conditions: 1. That the applicant work with staff to include increased architectural elements along the north elevations, such as, but not limited to, banding, increasing parapet walls and towers. 2. That the applicant work with staff to reduce the drive aisle to 24' and increase the landscaped area along the south property line by 3' unless prohibited by turning radius requirements. 3. That all roof top mechanical equipment be properly screened and that the proposed screening must be as high as the top of the mechanical equipment. Mr. Aguila seconded the motion with the caveat that Item #25 be revised that an acceptable maintenance access agreement between the properties be established as approved by the City. Ms. Hoyland agreed to the amendment of the motion. Vice Chair Heavilin suggested that with regard to item #25 the language should state that the applicant come up with an alternate plan that would be agreeable with staff without involving the other property owner. Therefore comment #25 would be revised to state that only staff would approve an alternate maintenance program for the north elevation. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 The motion carried 7-0. D. Height Exception 1. Project: Presidential Drive (HTEX 02-002) Agent: Richard C. Williams, Williams Construction Services, Inc. Owner: A&A Corporation, Inc. Location: 719 Presidential Drive Description: Request for a height exception pursuant to the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.F to allow an elevator hoist way on a proposed single family house to be constructed at 32 feet 6 inches (32'6") high, a distance of 2 feet six inches (2'6") above the maximum thirty (30) foot height allowed in the R-l- AA single family zoning district. Maxime DuCoste presented the case. The applicant is requesting to build an elevator hoist way on a proposed single-family house to be constructed at 32'6", which is 2'6" above the allowable maximum 30' height. The subject property is located at the end of Las Palmas at the Intracoastal Waterway and the house will have a roof sundeck, which currently is accessible only by an interior stairway. The applicant is proposing to erect an elevator at the northwest corner of the property. The elevator hoist will be enclosed to protect the mechanical components. The elevator is eligible for a height exception pursuant to Chapter 2 Zoning, Section 4.F.3, which Mr. DuCoste read. The overall building height will be 29'10", which is below the maximum height and the elevator hoist will be located at the least visible section of the subject property that abuts the Intracoastal Waterway. There will be no windows on the east and west sidewalls of the elevator and would limit view onto the adjacent properties. The elevator will provide a secondary point of ingress and egress to the roof and sundeck. The design of the elevator iS consistent with the overall architecture of the house, and the height exception will not negatively impact the adjacent properties. Staff is recommending approval with no conditions of approval. No one wished to speak during the public hearing. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Motion Mr. Aguila moved for approval. Motion seconded by Mr. DeMarco and unanimously carried. E. Consideration of Facade Grant request from Marc Fender for High Ridge Properties LLC. (moved up from Item IX.B) Mr. Hutchinson reported that this is the first applicant under the new Fa(;ade Grant Application process. The applicant has just begun to move forward with his project and the cost of the project well exceeds the match. The applicant has also received his permits. Mr. Hutchinson pointed out that the applicant has applied for other grants as well as beginning the project. Both of these criteria are not permitted under the City's Fa(;ade Grant Program. He did point out that although the applicant has begun the project, there is still a great deal to be performed. Chairman Finkelstein pointed out that Paragraph 5 of the Program Agreement conflicts with the application and that the applicant cannot apply for other grants. Attorney Payne said that in order for the applicant to be eligible for a grant, the Program has to be amended to eliminate this provision. Mr. Hutchinson inquired if this provision could be waived. Attorney Payne pointed out that since there was no provision for a waiver in the Program, this would not be possible. Mr. Aguila requested that the Program Agreement be changed and brought back to the Board for approval. Mr. Aguila was in favor of the project, but felt that the Program should be changed prior to approval. Mr. Fenton suggested tabling the case until this change could be made. Mr. Hutchinson also pointed out that since the applicant has already started the project, this requirement should be amended. Motion Mr. Tillman moved to table the item. There was a consensus among the Members that both these requirements be removed from' the Program Agreement. Ms. Hoyland did not agree that the requirement that the project could not begin prior to the applicant starting the project should be removed. Chairman Finkelstein pointed out that there was an additional agenda item tonight to discuss revisions to the program where this could be further addressed. Mark Fender, 640 E. Ocean Avenue, Boynton Beach stated that he applied for a County grant and will now require more money than the amount applied for. He 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 also pointed out that he has a great deal of work to do and that he had time limits that needed to be met. Mr. Aguila seconded the motion. Members requested that the item be tabled until the next meeting. The motion unanimously carried. F. Historic High School Adaptive Re-Use Plan Presentation (moved up from Item VlII. A.) Mr. Hutchinson said that he had nothing new to add to his report in the Agenda packet. Members Comments: Mr. Aguila felt that what has been done with the Children's Museum in such a short time has been phenomenal and shows a vision and effort that should be commended. Mr. Aguila further pointed out that over the past ten years since he has been involved with the City, the Historical Society has done nothing of substance to the Old High School and there have been times when he supported tearing the building down. He was very impressed with the previous presentation and Mr. Hutchinson's report. He felt that it was time to look at it seriously to see if something could be done with the building to make it viable. Mr. Tillman also said that there were times when he felt that the Old High School should be torn down based on the fact that no one brought forth any workable plan. Because of the success of the Children's Museum, Mr. Tillman felt it is possible to do something with the Old High School and would like to move forward with this. Mr. Fenton pointed out that originally the cost was at $5 million to redo the Old High School and now the costs are down to half of that cost. Tonight was the first time that he has seen some vision and a proposal of substance submitted by people who can do it. Mr. Fenton felt it would be reasonable to give the Boynton Cultural Centre, Inc. another year to come up with a proposal. Ms. Hoyland commended the Children's Museum for asking for more time to bring a proposal back to the Board, but she did not feel comfortable leaving the proposal entirely in [he hands of the Children's Museum. Ms. Hoyland felt that their intent was to work with the CRA and City staff to bring something forward. She would like the investigation of restoration of the building to be a joint effort, and she would be willing to support an extension of time to allow the parties to come up with a plan. She recommended that the Children's Museum, CRA and the Historical Society all work together. Mr. Fenton suggested a Committee be set up under the jurisdiction of the CRA that would include the Executive Director of the CRA, two CRA Board members, 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 two members from the Children's Museum and two members from other organizations and to provide them with an additional 9 to 12 months. He felt it was important that there be some kind of structure. Mr. DeMarco had concerns about the structure of the building and he would like assurances that they are proceeding in the right direction and to ensure that the structure is salvageable from an engineering standpoint. He would like to see a theater included in the building and that the building would be available to other civic organizations. Mr. Hutchinson responded that when inspections were performed on the building, there were some issues that had to be checked out. Mr. Hutchinson said that they did not have the funds to do this, but noted that the City offered $50,000 at the last meeting for a study. One of the first things that he would do would be to follow through on Mr. DeMarco's recommendation. This could be done with the City's $50,000. Vice Chair Heavilin noted that there is conflicting information regarding the structure and contamination of the building. She felt that the report was biased and was not factual. Further, Vice Chair Heavilin did not think that the CRA should become involved in the project since this is not done with other projects. Chairman Finkelstein reported that City staff still favors demolition, and he did attend the Ocean District Plan meeting where a majority of those present voted to raze the building and build a park in its place. They would like to use the money to demolish the current Civic Center and build a new Civic and Cultural Center from scratch; however, there were only 14 people at the meeting. This shows that there really has not been that much public input interest. Chairman Finkelstein said that consideration needs to be given to determine if the restoration would fit into the overall plan of Town Center and is it worth saving. Another thing that the Board needs to consider is whether this should become a CRA project and should the CRA put money into it. Chairman Finkelstein was not against a committee being set up to explore possibilities for the building and to come back at a future date with their plans, but felt that anything that is brought forward would have to go to the Commission for approval. The CRA has been asked to make a recommendation and there is a lot of information needed to make a decision. Mr. Tillman said that they had to start somewhere, and he was not opposed to letting interested parties come up with a plan. He pointed out that the Old High School did not have to be a CRA project and felt that a committee should study it. He would like the new Director to have an opportunity to look into this further and to use the $50,000 to determine if the structure is sound. 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Motion Mr. Fenton moved (1) to request the $50,000 from the City; (2) ask for a one-year extension; and (3) create a committee of seven membersmthree from the CRA, including the Director, two from the Children's Museum, and one each from other interested organizations in the City. Motion seconded by Ms. Hoyland. Vice Chair Heavilin noted that since the Cultural Centre indicated that they would be willing to take the project on, she would be against having a committee formed. She felt that the Cultural Centre should be the entity to undertake the project. Chairman Finkelstein noted that the full Board of the Cultural Centre has not approved the project and they needed more time to see if the Board was agreeable to taking on the project, which Mr. Edwards confirmed. Mr. Edwards also pointed out that the President of the Historical Society serves on the Cultural Centre and therefore would be very much a part of what the Cultural Centre would be doing. Further, Mr. Edwards pointed out that the Cultural Centre is well beyond just the Children's Museum. Mr. Fenton amended his motion to change the two members of the Children's Museum, to two members of the Boynton Cultural Centre, Inc. Ms. Hoyland agreed to the amended motion. Vice Chair Heavilin inquired how much time would be needed to get the entire Board's approval. Mr. Edwards stated that their next Board meeting is November 21st, at which time this will be discussed. Mr. Aguila suggested that the only action the Board take tonight is to support the momentum and not take any formal action or create any committees. Mr. Tillman called for a point of order. Attorney Payne advised Chairman Finkelstein to call the question and he requested that the Recording Secretary call the roll. Vote The motion carried 4:3 (Chairman Finkelstein, Vice Chair Heavilin and Mr. Aguila dissenting.) RECESS WAS DECLARED AT 8:50 P.M. THE MEETING RECONVENED AT 9:00 P.M. Chairman Finkelstein requested that Item VIII.B, "Heart of Boynton Update" and Item VIII.C "Consideration of a Contract for Services for the CRA Way Finding Program" be moved up and heard next. 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Motion Mr. Aguila moved to move up Items VIII. B and C. The motion was seconded by Vice Chair Heavilin and unanimously carried. VIII. B. Heart of Boynton Update Quintus Greene, Director of Development, said that they would like to have a discussion with the Board regarding the Heart of Boynton process. The Heart of Boynton is the core area of the CRA since the mission of the CRA is to eliminate conditions of slum and blight. Mr. Greene introduced Mr. Joe Gray of JEG Associates, who has been working on the project for over 18 months and gave a PowerPoint presentation on the Heart of Boynton project. The salient points discussed during his presentation were as follows: o The boundary areas of the CRA were reviewed. o JEG Associates was assigned to prepare a conceptual master plan that would set the vision for the revitalization of this area. o Organization of the neighborhoods and leadership development to ensure that the community stakeholders maintained a role in the various processes was initiated. o Detailed site planning for specific actions to realize the visions of the community were prepared. o The master planning process took eight months and resulted in a plan that was adopted by the Commission over a year ago. o 350 community stakeholders got together at workshops and meetings. o They prepared a report card that was used by the community to evaluate where the community stands on key areas that included crime and safety, civic infrastructure, schools, and transportation systems. The report card indicated that there is a great deal of work that needs to be done. o Recommendations were made for zoning in this area to protect and preserve the neighborhoods, especially the area around the Sara Sims Park. It is being recommended that this area be entirely green space. o It was recommended that the Wilson Center and Palmetto Park be squared off and made a park and community center by eliminating the housing in between. o The City's Public Works site would be changed from Public Use to R-3 to allow for multi-family residential and the commercial designation along Seacrest would be extended to 8~ Street. o The designation in the Shepard's Addition would be changed from residential to mixed-use and other similar land uses. o Areas in need of major changes are Poinciana Heights (Cherry Hills Area), MLK Corridor, the Public Works area and Shepard's Addition. 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 o Housing along MLK would be townhouse style with green spaces and public spaces integrated within the Boulevard. o The Wilson Community Center would be moved closer to the southeast corner. Mr. Tillman interjected that the Board had previously seen the information being presented and asked about the status of the Heart of Boynton as of today. Mr. Gray stated that they wanted to revisit what had been previously shown and noted that Mr. Tillman's inquiry will be addressed further into the presentation. o The architectural guidelines for the area are Floribbean and various examples were shown. o The second phase of the project involved working with the residents to do some community organizing by creating neighborhood associations in each of the neighborhoods that are impacted by the plan. There are now five of seven neighborhoods that have submitted papers for a neighborhood association charter. o One of the goals of the plan is to provide a diversity of housing choices for a mix of incomes and to create a place for the residents that live in the community now, as well as providing housing choices so that people could remain in the neighborhoods for life. o Provide neighborhood businesses to create jobs. o Provide a diversity of parks and green spaces throughout the community. o Provide focal points throughout the community. o The Sara Sims Park will be redeveloped to be a major public space for the neighborhood, as well as the Wilson Center. o Make MLK Boulevard a major east/west corridor. o Establish gateways at Seacrest and Federal Highway's entryways at MLK. Mr. Hutchinson felt that everyone was satisfied with the plan and asked what neighborhoods have been formed and what the needs are for these neighborhoods. He also asked what parts of the plan will be implemented first. Chairman Finkelstein said that the Board would like to know what the next steps would be to implement the plan and how the Board will be involved. Mr. Gray stated that they were in phase 3 of the plan. The neighborhood associations that have been formed are in the MLK neighborhood, Poinciana Heights, BoyntOn Hilts, Ridgewood Hills and Boynton Terrace. Schematic site plans for Sara Sims Park, the entire Poinciana Heights neighborhood, and a specific site plan for the Wilson Center to square off at the school, are being prepared. Specific schematics are being done for the gateways at both ends of MLK Boulevard. Mr. Gray stated that the CPA's role is defined in the plan and relates to the acquisition of properties. 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Mr. Greene stated that the intersection of Seacrest and MLK is the heart of the neighborhood, is of critical importance, needs to be done right, and needs to be addressed first. It is expected that the CRA would actively participate in acquiring some of the properties at that intersection. Chairman Finkelstein asked Mr. Greene if any property owners indicated that they would be willing to sell? Mr. Greene said that there have been discussions with some of the property owners, but none of the discussions have been positive. It may be necessary to go the condemnation route in order to proceed. There is an overwhelming desire of the community to have that corner addressed. Chairman Finkelstein said that he noted a "for sale sign" on some boarded up property on the west side of the corner and asked if anyone tried to contact the property owner. Mr. Greene said that he was concerned about specific buildings that include the Easy Mart and Robert's. Chairman Finkelstein noted that the Board has already approved the purchase of these properties, there is money in the budget for that purpose; therefore, what would the next step be? Mr. Greene said that the Development Department is looking at ways to kick start some of the residential acquisition, but will need help on the commercial side. The three areas of importance are the blocks to the northeast, southeast and southwest. Mr. Tillman said that this is the direction that he would like to see the Board proceed and requested that the next step to acquire the properties be placed on the next agenda, which Mr. Greene stated could be done. Chairman Finkelstein inquired if there was a specific plan for the corner and Mr. Gray stated that a specific site plan should be ready by the end of December. Mr. Gray felt it was critical to begin by the first of the year with an action strategy. Wilfred Hawkins, Assistant City Manager, addressed the area that had the "for sale sign" on it and stated that this property was earmarked for public space and is included in the park expansion plan. Mr. Hawkins reported that there have been extensive discussions with the Housing Authority and they are in agreement with the City that they want to see these properties removed. He also stated that it was important to get rid of the commercial sites first in order to proceed. VII. Consideration of a Contract for Services for the CRA Way Finding Program (moved up on the agenda) Mr. Hutchinson reported that he, along with the Chairman and Legal reviewed the contract. He pointed out that the cost increased due to $8,000 needed for engineering. Mr. Aguila requested that a Florida registered engineer, which is not stated in the contract, perform the engineering. 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Vice Chair Heavilin felt that some of the costs were premature. Mr. Aguila pointed out that the contract is for the overall program. Ms. Hoyland inquired if any action was required by the Board tonight and Chairman Finkelstein responded that the Board has to authorize the signing of the contract. Vice Chair Heavilin would like assurances that the Board would approve all amendments to the agreement. Mr. Hoyland inquired about the termination process of the contract. Mr. Aguila stated that the contract could be terminated for cause by giving 30 days' notice or for convenience by providing the same time notification. If the contract were terminated, the contractor would be paid for all services performed prior to the date stated in the notice. A lengthy discussion followed on whether the contractor Should provide a longer notice date for termination than the City provides. Mr. Fenton noted that the Board authorized the contract at $25,000 and pointed out that the contract calls for $32,750. Chairman Finkelstein said that if the motion to accept the contract passes, the amount would automatically increase to the $32,750 amount. Ms. Hoyland inquired why the contract was over the $25,000 and Mr. Hutchinson responded that it was due to the engineering stamp. Originally it was anticipated that the City would provide the engineering stamp. However, the City said they were not comfortable with this arrangement. Mr. Aguila questioned why it was necessary to have an engineering stamp and Mr. Hutchinson responded that the Board could stop the process before getting the engineering stamp. Mr. Aguila pointed out that acquiring an aesthetic and system design did not require any engineering. Bob Trescott, Marketing Director for Guidance Pathway Systems, Inc., Tallahassee, Florida stated that the contract is a comprehensive contract to provide the CRA with a way-signing program. Mr. Trescott pointed out that the signs need to meet windload and crashworthiness requirements, thus requiring engineering services. He pointed out that his firm is subcontracting this and does not provide these services. He further stated that the contract is a comprehensive contract that provides a map, plan, locations, plus the design and look of the sign with Iogos and colors. It includes engineering so that the signs could be implemented. Mr. Trescott stated that the Board could end the contract prior to implementation of the signs, and the CRA would not have to pay for the engineering. Mr. Trescott stated that it has been his experience that a lot of companies sell good-looking signs that can never be implemented. 21 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 Mr. Aguila requested that the Board be informed before the engineering begins at which time the Board can decide whether it wants to proceed in this direction. Mr. Trescott agreed to this and stated that it is covered in the contract. Vice Chair Heavilin pointed out that the contract in effect is a not-to-exceed estimate and Mr. Hutchinson confirmed that the contract could come within the $25,000. Chairman Finkelstein also noted that there was an additional cost of $3,000 for attendance at four meetings and presentations. Motion Mr. Fenton moved to reject the signage program because the pricing is 31% higher than the approved budgeted amount of $25,000. The motion failed for lack of a second. Motion Ms. Hoyland moved to approve the CRA signage program. Motion seconded by Mr. Tillman and carried 6-1 (Mr. Fenton dissenting.) VII. Director's Report A. Updates 1. Marina Project: (a) Gateway Signage for Area (b) Boynton Beach Boulevard Extension Upgrade for Temporary Access during Construction of the Marina Project. (c) Incentive Program Request Not addressed 2. Financial Report Moved to the Conser~t Agenda 3. CRA/BODA Downtown Event Moved to the Consent Agenda and removed for discussion 4. Events Coordination Effort Not addressed 22 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 5. Alternative Meeting Structures to Accommodate CRA Agenda Length Ms. Hoyland suggested setting a time certain. Chairman Finkelstein pointed out that a noticed meeting can be adjourned and moved to another scheduled meeting. Mr. Hutchinson reported that the third Thursday of the month has been selected as an alternate meeting date, if needed. Mr. Tillman suggested cutting down the time spent at the meetings and that each individual Board member should meet with the Director on a regular monthly basis to go over the agenda. This would mean that the Board member would come to the meeting prepared and this would cut back on the dialogue. Also, Mr. Tillman felt that more items should be included on the consent agenda and these items could be determined at a workshop. He noted that it took 15 minutes tonight just to determine what should be on the consent agenda. If a second meeting was necessary, all the public hearings should be held at the Board's primary meeting and the Board business could be covered at the second meeting. Ms. Hoyland pointed out that the Board is giving staff direction to add more to the consent agenda. Also, Chairman Finkelstein stated that if the staff memos were more defined, this would eliminate a lot of questions. Ms. Hoyland suggested that if a time certain was selected that it should be 9:30 p.m. and not 9:00 p.m. as suggested in staff's memo. Vice Chair Heavilin requested that members receive the agenda a week prior to the meeting so that everyone has an opportunity to read it prior to the meeting. Mr. Hutchinson pointed out that if the agenda were sent out early, there would be some items that would not make the agenda. Ms. Hoyland suggested sending out a conceptual agenda. There was a consensus among the Board members that time certain would be 9:30 p.m. at the regular Tuesday meeting held the second Tuesday of every month. At that time members would decide whether they want to continue the meeting or to move to the third Thursday of the month. Motion Ms. Hoyland moved that at the regular Tuesday meetings on the second Tuesday of the month at the time certain of 9:30 p.m., the Board would decide to continue the current agenda as presented past 9:30 p.m., or the Board would have the option of continuing all agenda items to the third Thursday of the month. Motion seconded by Mr. Aguila. 23 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 For clarification purposes, at 9:30 p.m. a vote would be taken to make a decision whether or not to continue the meeting. Ms. Hoyland amended her motion to include this clarification, which Mr. Aguila seconded. Mr. DeMarco left the meeting at 10:10 p.m. Vote The motion carried 5-1 (Mr. Fenton dissenting.) 6. Workshop dates in December Chairman Finkelstein suggested that the CRA staff poll the Board members to determine which date would be preferable. 7. Preferred Selection Process to complete Boynton Beach Boulevard District CRA Plan Update Placed on the Consent Agenda 8. Design Guidelines Overlay Placed on the Consent Agenda VIII. Old Business: A. Historic High School Adaptive Re-use Plan Presentation Previously addressed B. Heart of Boynton Update Previously addressed C. Consideration of a Contract for Services for the CRA Way Finding Program Previously addressed D. Consideration of Adjusting Criteria for the Fac,,ade Grade Program Previously discussed. E. Consideration of Direct Incentive Programs Postponed 24 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 F. Consideration of Insurance for: Property and Liability, Windstorm, Worker's Compensation, and Employee Bonding Placed on the Consent Agenda for discussion G. Reconsideration of Payoff of CRA Loan at Bank of America and Direction to Seek Proposals to Establish a Line of Credit Mr. Hutchinson reported that the payoff penalty was one and one-half year's of interest, i.e. $300,000. It was determined to look at alternatives on using the money, rather than loosing $300,000. Motion Mr. Aguila moved that the Director look into alternatives to use the money. Motion seconded by Vice Chair Heavilin and unanimously carried. H. Resolution of the Boynton Beach Community Redevelopment Agency, Reconfirming and Reauthorizing the Purchase of the Relax Inn Attorney Payne read Resolution 02-01 by title only. Motion Ms. Hoyland moved for approval. Motion seconded by Mr. Tillman and unanimously carded. Vice Chair Heavilin inquired when the demolition would begin. Mr. Hutchinson stated that it should be very soon. IX. New Business A. Approval of Revised Travel Policy Placed on the Consent Agenda B. Consideration of Fa(;ade Grant Request from Mark Fender for High Ridge Properties, LLC. Previously addressed C. Consideration of Employee Health Insurance Plan Placed on the Consent Agenda and removed for discussion. 25 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 12, 2002 D. Consideration or Resolution to secure a CRA Credit Card Placed on the Consent Agenda and removed for discussion. X, Other Items: A., Discussion of a Recognition Program for Outstanding Landscaping and Aesthetics Projects Not addressed Xl. Adjournment There being no further business, the meeting properly adjourned at 10:15 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (three tapes) November 13, 2002 26