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Minutes 11-20-03MEETING MINUTES OF THE REGULAR COMMUNITY REDELEVOPMENT AGENCY MEETING HELD IN THE LIBRARY PROGRAM ROOM, 208 SOUTH SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA ON THURSDAY, NOVEMBER 20, 2003 AT 6:30 P.M. Present: Larry Finkelstein, Chair Jeanne Heavilin, Vice Chair Alexander DeMarco Don Fenton Charlie Fisher Michelle Hoyland Henderson Tillman I. Call to Order Chairman Finkelstein called the meeting to order at 6:37 p.m. I1. Roll Call The Recording Secretary called the roll and declared a quorum was present. III. Agenda ApProval A. Motion Mr. Fisher moved to unanimously carried. IV. Additions, Deletions, Corrections to the Agenda Douglas Hutchinson, CRA Director Lindsey Payne, Board Attorney approve. Motion seconded by Vice Chair Heavilin and Consent Agenda A. Approval of Minutes--October 14th Special Meeting; October 14th Regular Meeting, and October 30th Continuation Meeting Chairman Finkelstein requested that on page 12 (3926 of the agenda) in the minutes of October 30, 2003, the first sentence of the first paragraph be changed to delete the words "that it signed" and substitute the words." that the Director signed." Ms. Hoyland noted that in the October 14, 2003 minutes the words "Kimley-Horn" and "Architectronica" were spelled incorrectly throughout the minutes. Chairman Finkelstein pointed out that updated pages to the Financial Statement were distributed and requested that they be substituted for the-pages in the agenda packet. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 B. Financial Report Mr. Fisher noted on the income statement it reflects an out-of-pocket expense for the launch project of $924.24 and inquired if the CRA has been reimbursed by BODA. Ms. Vielhauer responded that one check was received on the first of the month and will be indicated on the November income statement. Mr. Fisher inquired if any additional funds will be coming in from BODA and Ms. Vielhauer expects two more checks. Co Recommendation for Signer on the Public Depositor Annual Report to the Chief Financial Officer Vice Chair Heavilin inquired if two signatories were needed. Ms. Vielhauer said that there could be one or two signatories. This will be their first annual report and the Board needs to authorize someone to file it. Vice Chair Heavilin felt that Ms. Vielhauer's signature would be sufficient. Motion Vice Chair Heavilin moved to remove item IV.C. from the consent agenda. Motion seconded by Mr. Fisher and unanimously carried. Motion Mr. Fisher moved to approve the Consent Agenda, as amended. Motion seconded by Vice Chair Heavilin and unanimously carried. Motion Vice Chair Heavilin moved that the Controller of the CRA be designated as the authorized signatory for Public Depositor on the Annual Report. Motion seconded by Mr. Fisher and unanimously carried. V. Public Audience None VI. Public Hearing A. Zonin.q Code Variance Project: Agent: Owner: Location: Description: Buchanan Variance (ZNCV 03-019) James E. Buchanan James E. Buchanan 807 Ocean Inlet Drive Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 twenty-five (25) foot rear yard setback to allow a seven (7) foot variance, resulting in an 18 foot rear yard setback within the R-l-AA single family-zoning district Attorney Payne administered the oath to all persons who would be testifying. Maxime Am6d6e-Ducoste presented the item on behalf of staff. Mr. Am6d6e-Ducoste explained that the applicant is requesting a seven-foot variance to reduce his rear setback from the required 25' to 18'. The property received two variances last year in order to add on a second story. The applicant is requesting a rear yard setback to accommodate a rear yard balcony overhang since the rear yard already has a non- conforming setback. The awning would extend over the covered screened patio. Staff is recommending denial to avoid creating any kind of impact upon the adjacent property owners. James Buchanan, 807 Ocean Inlet Drive, did not realize that his backyard was nonconforming; otherwise he would have requested the variance when he applied for the previous variances. Mr. Buchanan stated that the screen porch already has a setback of 22' with an overhang of 2'. He is requesting an additional overhang of 2' and is not requesting a variance for increasing his lot coverage. Mr. Buchanan demonstrated how the awning would be utilized. He pointed out that his porch gets very wet during stormy weather and with the additional overhang he would be provided more protection. He further felt that the awning would be consistent with other types of renovations taking place in the neighborhood. Chairman Finkelstein opened the public audience. Martin E. Lisiewski, 331 Oregon Lane, Boca Raton, Florida, presented a power of attorney from his brother Walter J. Lisiewski, Jr., who lives in the first house west of the subject property, a copy of which is on file with the City Clerk's Office. Mr. Lisiewski stated that his brother objects to the variance and feels that the applicant has already received several variances. His brother intends to install a swimming pool in his backyard and felt that the overhang would invade upon his privacy. Mr. Buchanan pointed out that there already is a second-story deck on the property and the variance would merely extend it by 2'. Mr. DeMarco asked what the square footage of the house was and was informed it was 3,000 square feet with a lot of open circulation space. He also asked what the square footage of the land was and was informed it was 7,350 square feet. Mr. Buchanan pointed out that he was not requesting a variance to increase the land coverage. Mr. DeMarco inquired why there were no staff conditions and Mr. Am~dee-Ducoste explained that staff is recommending denial; therefore there are no conditions of approval. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 Motion Mr. Fisher moved to approve the request for a variance. Motion seconded by Mr. DeMarco and unanimously carried. B. Abandonment Project: Agent/owner: Location: Description: Mangrove Walk Alley (ABAN 01-0040) City Initiated 600 & 700 block of NE 8th Avenue and NE 9th Avenue Request for abandonment of a 15-foot wide alley within the Lake Addition to Boynton subdivision Vice Chair Heavilin recused herself from this item and filed the necessary Form 8B with the Recording Secretary. Mr. Ambd6e-Ducoste presented the item on behalf of the City. The Board has already approved abandonment of some segments of the alleyway that dealt with the Schnars Project and the DeLorenzo Abandonment. Staff has received all the necessary responses from the utility companies and is recommending approval. There is only one condition of approval. Chairman Finkelstein opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Mr. Fisher moved to approve. Motion seconded by Ms. Hoyland and unanimously carried. VII. Director's Report A. Updates Mr. Hutchinson reported that progress has been made on the Way-Finding Signage Program. Proposed sign location, a list of the signs and the costs, and the wording and colors for phase 1 will be presented at the December meeting. As a result, he felt that a workshop would not be necessary. A contract will be ready at the December meeting. Chairman Finkelstein noted that the Ocean District Redevelopment Plan Update has not made much progress, and he would like the Board to consider going out to hire someone to complete the plan in order to move forward. Mr. Hutchinson recommended combining that with the Boynton Beach Boulevard Corridor and this was agreeable with Chairman Finkelstein. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 Chairman Finkelstein asked for a copy of the draft of the Affordable Spaces Incentive and Mr. Hutchinson will follow through on this. VIII. Old Business None IX. New Business A. Consideration of the Marina Parking Agreement Chairman Finkelstein noted that he had requested a change in the last sentence of the first paragraph of Paragraph 9 (Page 4033 of the agenda) that currently reads, "Two Georges may release the 35 spaces to TRG or its successor, and the parties' obligations under Paragraph 10 below shall cease as to such spaces." Chairman Finkelstein requested that the wording be changed to "Two Georges shall release the 35 spaces to TRG or its successor, for unrestricted public release." He pointed out that all the parties agreed to this. Mr. Hutchinson explained that for the CPA's $1 million investment, the City would receive a $100 million project with an 85% return on investment per year. Over a 30- year period the City would receive more than $30 million in tax revenues in addition to the money spent by people living and shopping in the area. Mr. Fisher pointed out that the City has already given out $750,000 on this project to previous developers. He would like the developer to agree to receive payment after the initial 5% of construction instead of at the permitting stage. This protects the City from handing out any additional dollars before any construction begins, even though these problems existed with the previous developers and not the current one. Chairman Finkelstein did not think that the $750,000 was ever paid and that it was around $160,000 because the timeframes were never met. Mr. Fisher said that he did bring this up with the developer and would like their comments. Chairman Finkelstein pointed out that the current language states "receiving a building permit," whereas the other developers never even pulled a permit. Mr. Fisher was in favor of the agreement, but he would like to see something done before any more money is paid out. Jerry Knight, Attorney for TRG Related said that a draw scheduled has been worked out with staff to reflect their payments and they have to pay $250,000 next week when they apply for a permit. When they receive the permit, they have to pay the contractor. They had anticipated getting the money from the CPA as previously outlined. Chairman Fisher did not feel comfortable with the permit only stage and would like to see some building going on. Mr. Hutchinson suggested that the payment could take place at "the commencement of construction." Chairman Finkelstein suggested payment on '~ling Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 notice of commencement." Mr. Knight said that they would be agreeable to payment upon "the commencement of construction." At that point, TRG would receive 15%. Mr. Knight noted that the way the agreement reads, they would receive 15% when they pull the permit, and they would not receive the next 15% until they finish 30% of the project. Mr. Knight said that they would agree with the new language. Therefore the language would be changed to read that "TRG receiving a building permit for the garage and commencement of construction." Vice Chair Heavilin inquired if this language pertained to the 70 spaces or the whole garage and was informed it was the whole garage. Vice Chair Heavilin pointed out some typographical errors as follows: In section 13, Page 4035 of the agenda, in the sixth line from the top, it reads "...shall execute, and have TRG shall have..."This needs clarification. Attorney Payne pointed out that this is the City's Agreement and Mr. Knight requested that Vice Chair Heavilin speak to him later about any additional errors. Mr. Fenton was against the incentive and did not think that the CRA should become involved in a lawsuit among the developer, the City and the Two Georges. He pointed out that the developer should have discovered these problems prior to their purchasing the project. He felt that the money could be spent better elsewhere. Chairman Finkelstein pointed out that the City approved the site plan and that it was not only the developer that missed this problem. He pointed out that Two Georges would only be receiving 35 spaces and the 35 spaces that the CRA is contributing will go to the public as free parking. He did not think it was the developer's fault for not discovering the problem earlier. Further, if Two Georges at some point no longer uses their spaces, they would revert back to the public. Mr. Tillman said that this is a good opportunity to finally bring this to a conclusion and he approved of the plan. He confirmed that the $750,000 was never paid out because the prior developer did not fulfill his obligations. He wanted to move forward as soon as possible. Vice Chair Heavilin commended all the parties who have worked many hours to get the Marina on line. Ms. Hoyland would like to see what the elevations would look like after the changes because she had previous problems with the elevations before. Mr. Knight responded that the only elevation changes would be the additional two stories on the garage to accommodate the 70 parking spaces. Ms. Hoyland felt that the building was in need of more landscaping and she would like to see this done as a courtesy to the Board, even if it was not possible to change the agreement now. Attorney Payne asked Ms. Hoyland if she wanted the plan to come back for viewing or approval. Ms. Hoyland would like to have it come back for approval if possible, because she has major problems with the west elevation. Mr. Knight said that they cannot change the agreement between the City and Two Georges and it would have to go back 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 to everyone to review it again. He pointed out that the two additional stodes would not account for a major change. Chairman Finkelstein did not think it was necessary for the plan to come back to this Board since it has to go through administrative approval with staff. Chairman Finkelstein recommended that as soon as staff receives the plan for administrative approval, they could provide copies to the Board. Quintus Greene, Development Director, informed Mr. Knight that the City would provide the CRA with a copy when the plan is submitted for minor site plan modification. Chairman Finkelstein stated for clarification purposes that the CRA is not paying the funds to the developer, but in fact is purchasing 70 garage spaces, 35 for the public and 35 for Two Georges. Chairman Finkelstein pointed out that Exhibit B to the Mediation Agreement listed "70 CRA Parking Spaces" and requested that the "CRA" be removed and the word "additional" substituted in its place. He also pointed out that there is no requirement for trolley or police in the agreement. Mr. Fenton requested that the $70,000 for the fee-in-lieu-of be deducted from the incentive. Mr. Hutchinson pointed out that the City would receive those funds and Chairman Finkelstein felt that this needed to be discussed in another venue. Motion Mr. Tillman moved that the Board approve the Marina Parking Agreement, as amended. Motion seconded by Mr. Fisher. Motion carried 6-1 (Mr. Fenton dissenting). Consideration of CRA Participation in a Temporary Month-to-Month Parking Lot Rental with BODA. Agreement Cost for the Budget Year is $1,800 Mr. Hutchinson pointed out that there is a need for additional parking and BODA has been working on obtaining a parking lot for employees and patrons at the First Financial Plaza. Ten business members of BODA will be underwriting the $1,500 per month for the parking spaces and the Banana Boat will be supplying the liability insurance and clean up of the lot. Staff is asking for the CRA to participate in the amount of $150 per month. Chairman Finkelstein recommended going with a three-month trial that is referred to in the Memorandum of Lease on page 4084 of the agenda packet. He would also want the CRA to be named as an additional insured on the insurance policy. Chairman Finkelstein pointed out that the CRA had agreed to convert the Relax Inn land into temporary parking. Mr. Hutchinson stated that they are going through the permit process on this. Vice Chair Heavilin inquired what would happen if any of these businesses failed and who would pick up the slack. Mr. Hutchinson noted that participants would have to pay first and last months' rent when they opt in. She also inquired about the extra security that would be furnished by the Banana Boat. Mr. Hutchinson responded that their employees would be walking and policing the area. Vice Chair Heavilin was concerned Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 whether BODA could keep up with the payments and felt that they should go with three months at first. Mr. Fisher thought that three months was cutting it too short and recommended that the CRA go with three months and then monthly renewals. This would provide the CRA an opportunity to review it. Mr. Hutchinson said that he could supply a list of monies paid during the month, but the CRA is not guaranteeing anything. Mr. Fenton recommended that the lease take effect December 1st and have it run for five months during the season and then look at it after that. Mr. Fisher suggested changing the lease from 3 months to 5 months with automatic monthly renewals. Mr. Hutchinson noted that the parking lot would be available to the public for after-hours parking at no charge. Barkley Garnsey would like to see cooperative efforts among the businesses and the CRA. He felt that this was a good start and will help the established businesses. Motion Ms. Hoyland moved to approve the CRA participation on a temporary month-to-month parking lot rental with BODA based on an initial lease term of five (5) months with a monthly renewal on a per month basis and at the end of five months, if not sooner, that the CRA get a report as to how the program is going. Motion seconded by Mr. Fisher. Mr. Hutchinson pointed out that Chairman Finkelstein recommended that the CRA be named as an additional insured. Ms. Hoyland amended her motion to reflect this and Mr. Fisher seconded the amended motion that unanimously carried. Consideration of The Urban Group Task Orders and Authorization for Contract Deposits for the MLK Area Acquisitions. Mr. Hutchinson reported that his memo in the agenda packet indicates what he has done to date regarding this item, and it contains an update of the work that has been done. He has also obtained the tax numbers and the printouts and maps are in his office. Some people have contacted him, and they have also contacted people. He stated that the Board Attorney wanted the Board to address some specific issues to ensure that staff has proper direction, which are listed on page 4086 of the agenda packet. Attorney Cherof has also provided a preliminary contract for use and Attorney Payne felt that staff needs to have exact approvals for the deposits. Mr. Tillman asked what the first step that the CRA needs to do to move this forward. He noted that this keeps coming back to the Board, and he thought that everything had been settled. He asked what must be done to move this forward right now. Mr. Hutchinson stated that they need to establish a formula for deposits for the contracts; determine a base value for initial offers and how to arrive at this; determine Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 who (The Urban Group) would develop these contracts; and a sample contract is necessary. After all this, an acquisition procedure needs to be established. Chairman Finkelstein said that he had some problems with the information furnished and noted that someone needs to be in charge of this whole process. He thought that staff had been directed at the last meeting on what to do. Mr. Tillman felt that the Board should hire an administrator to handle this. Mr. Hutchinson said that the Board did not authorize him to spend any money, but he was told to go ahead and purchase these properties. Mr. Tillman would like to address appointing The Urban Group to be the administrator and authorize them to go out and get appraisals and bring them back to the Board. Mr. Fisher pointed out that staff was directed to do what Mr. Tillman just requested and that someone was made accountable to get this done at the last meeting. Mr. Fisher felt that this should have been done a month ago. City Manager Kurt Bressner pointed out that the objective of the acquisition program of the Heart of Boynton is to acquire property as quickly, faidy and equitably as possible. He noted the diversity of the properties in this area and that they need to be reconciled. If any person has to be relocated as the result of a public taking, the terms of the Federal Relocation Act would apply and, if the City has to pay for it, it would. A qualified person or firm needs to be hired (1) to scope out the situation; (2) talk to the property owners; (3) find out their needs; (4) determine their schedule and there personal situation; (5) and then work with them. After all this, an offer can be prepared based upon an estimate of value. If the property owner does not agree with the value of the property, then an appraisal would be done. Another process that could be used would be eminent domain, which is not an unfair taking of property. What it does is remand the process into a two-step adjudication process. If the parties cannot agree upon a price, then they go to court. The CRA staff is suggesting that The Urban Group be retained as authorized agents. Mr. Bressner pointed out that last month the City offered to do this and the CRA declined. Mr. Fisher noted that at the last meeting there were several parcels of property with 'l~or sale" signs and that staff was to go out and speak with those property owners. Chairman Finkelstein stated that approximately one-half dozen people called the CRA Director informing him that they wanted to sell their property. Mr. Hutchinson said that they did speak with these property owners, but he needs to have a contract before he can move on acquiring the properties. Chairman Finkelstein said that if the Board wants to hire The Urban Group, the Task Authorization needs to be reworded. Ms. Hoyland asked why this is being discussed again and felt that a motion to hire The Urban Group to be the real estate administrator for the negotiation of the contracts would be in order. Ms. Hoyland felt that this exact discussion took place at the last meeting and she did not see the need to rehash these items. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 Dale Sugerman, Assistant City Manager, stated that he was the City's administrator for the acquisition of real estate. He noted that the City has successfully and easily acquired a number of parcels over the past three years. The City has a contract with The Urban Group that is the City's administrator and they do all the groundwork. The Urban Group gets the appraisals, they do the environmental analysis, surveys, etc. When it comes time for an offer to be made, The Urban Group would make an offer with his permission and would give a deposit of $5,000 to $10,000 to secure a contract. The City Commission and the City Manager gave Mr. Sugerman this authority and the deposit is at risk. After all this takes place, the negotiated contract is brought before the Commission to determine if they want to enter into a contract. The CRA needs someone of authority to tell The Urban Group to do all of the above. Vice Chair Heavilin noted that at the last meeting Mr. Bressner offered City staff assistance, which the Board accepted. Mr. Bressner responded that this would not replace the need to hire someone like The Urban Group to do the fieldwork. Vice Chair Heavilin asked Mr. Bressner what he meant by "assistance" and he stated that City staff would serve as a liaison with The Urban Group. Attorney Payne pointed out that the proposal received from The Urban Group was received by Mr. Sugerman, which he had asked for. Mr. Bressner pointed out that the CRA Board would ultimately approve all the contracts. He felt that it was crucial that the Board give staff authority to enter into a contract, to make a sufficient deposit, and to trust staff to bring the contract back for approval by the Board. If this were not followed, nothing would get done. Chairman Finkelstein asked if the Board was in favor of using The Urban Group and there was a consensus to do so. Mr. DeMarco inquired if the deposit was nonrefundable and Mr. Sugerman stated that generally they are not refundable deposits. Mr. DeMarco was not agreeable with this. Mr. Sugerman stated that in trying to bundle properties to create public projects, the CRA does not act like a real estate company. Mr. Sugerman further stated that even though it appears that the deposit money is at risk, the CRA would acquire that property in any event, whether through negotiation or eminent domain. Mr. DeMarco thought that obtaining all these appraisals could be costly, but Mr. Sugerman said that they would not be expensive if done in bulk. Currently, he pays around $750 for an appraisal. Vice Chair Heavilin commented that upon the City's explanation she would lean at this time to allow the City to do this on behalf of the Board. Mr. Fisher asked if the Board wanted to have one of its members work with Mr. Sugerman and The Urban Group. Vice Chair Heavilin thought that this would be something that would be included in the contract. She said that if the Board does decide to let the City do it, then the City should do it. Vice Chair Heavilin had some questions concerning the contract that she will discuss with Mr. Sugerman. 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 Mr. Fenton inquired about the cost of the contract and was referred to page 4095 of the agenda. Mr. Sugerman stated that it would cost approximately $4,300 per parcel, depending upon the amount of work necessary to acquire the property. Chairman Finkelstein inquired how the 28 properties were identified. Mr. Hutchinson responded that these are the properties that were in the motion that the Board passed regarding acquisition of these properties at its last meeting. Chairman Finkelstein felt that the boundary map omitted one piece of property. Mr. Hutchinson stated that this one piece of property was left off because it is a house and they always started the boundary right after that particular house. Chairman Finkelstein would like this property included. Quintus Greene, Development Director, responded that the City proposed to take care of this particular piece of property over a year ago. Mr. Greene noted that last December they discussed with the CRA that the City would acquire residential and the CRA would acquire commercial, and the boundary area identified constituted the phase 1 acquisition; therefore, the boundary has not changed. Since the CRA wants to have contiguous developable parcels, the CRA is in a position to move today to acquire those parcels. The City cannot do anything at this time until it receives its 108 loan. Since the CRA can purchase both commercial and residential properties at this time, Mr. Greene said that they should go ahead and do so. Once the City receives its 108 loan, the money situation could be squared with the CRA. Mr. Bressner agreed to include the parcel that Chairman Finkelstein requested. Mr. Sugerman pointed out that he does not have authority to spend CRA funds or to sign contracts and requested that this authority be given to Mr. Hutchinson. Mr. Fisher inquired if the Board could authorize Mr. Sugerman, and Attorney Payne stated that this is permitted. She noted that there already is an agreement between the CRA and staff, and Mr. Sugerman could be included in that agreement. Chairman Finkelstein inquired if the City was going to transfer title of the City parcels to the CRA. Mr. Bressner noted that the County conveyed a couple of those parcels to the City and they may have to be swapped for some properties near Sara Sims. If this does not come to fruition, Mr. Bressner said that the CRA could acquire them. Motion Mr. Fisher moved to obtain the services of The Urban Group for phase 1 for the properties that have been outlined and to direct Dale Sugerman to act as administrator with authority to sign the contracts with a deposit of up to $10,000 per parcel. In the event Mr. Sugerman is not available, Mr. Fisher moved that City Manager Kurt Bressner have the same authority. Motion seconded by Mr. Tillman. Attorney Payne referred to the Task Authorization under parcel assessment that refers to "basic review of third party appraisal, if available." She inquired if the Board wanted to have appraisals. Mr. Sugerman stated that he wanted to have appraisals as soon as possible, and he is assuming that the Board has given him authority to Order appraisals. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 Chairman Finkelstein recommended that the motion be amended to identify the parcels as follows: "As identified on page 4088 as primary with the addition of the additional parcel." Mr. Fisher agreed to amend his motion to include this language. Chairman Finkelstein pointed out that the motion does not include approving the contract because it is full of mistakes. Mr. Sugerman agreed with this and Mr. Fisher pointed out that this was not part of his motion. Vote The motion carried unanimously. Motion Mr. Fisher moved that Item H. be moved up on the agenda. Motion seconded by Ms. Hoyland and unanimously carried. H. Consideration of Funding for the Multi-Cultural Winter Carnival and Heritage Festival Mr. Fisher wanted verification that the CRA is not running these festivals, but is supporting them. Chairman Finkelstein stated that the CRA is contributing $7,500 to each event. He noted that one event showed a profit and another one showed a deficit. He wanted assurances that the CRA would not be liable for deficits. Mr. Hutchinson responded that one of the events is funded through BODA and the other through the HeritageFest. The CRA is providing support staff and is a grant-funding source. Motion Mr. Fisher moved to approve. Motion seconded by Vice Chair Heavilin. Attorney Payne inquired to whom the money would be given. Mr. Hutchinson stated that the Winter Carnival was being put on by BODA and the other is the HedtageFest. Vote The motion carried unanimously. Consideration of Establishing an Agenda Material Submittal Policy for CRA Agenda Items Motion Mr. Fisher moved to approve. Motion seconded by Mr. Fenton and unanimously carried. E. Adoption of Resolution No. 03-02 for 457 Deferred Compensation Plan 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 Motion Ms. Hoyland moved to approve. Motion seconded by Mr. Tillman and unanimously carried. F. Approval of Plan Administrator for 457 Deferred Compensation Plan Members agreed that the Controller should be the Plan Administrator Motion Ms. Hoyland moved that the Controller be the Plan Administrator for the 457 Deferred Compensation Plan. Motion seconded by Mr. Tillman and unanimously carried. Consideration of Approval of the CSC Financial Advisory Committee Recommendation for Financial Advisory Services Chairman Finkelstein noted that there was a lawsuit against the company and inquired as to its status. Ms. Vielhauer said that she would check into this. Motion Ms. Hoyland moved to table until the next regular meeting. Motion seconded by Mr. Fisher and unanimously carried. Consideration of Funding for the Multi Cultural Winter Carnival and Heritage Festival (previously addressed) I. City Cooperative Purchasing Amendment Mr. Hutchinson reported that this would allow the CRA to use the same purchasing process for services that the City had gone through. Chairman Finkelstein inquired if this would negate the need to go out for bids and Mr. Hutchinson responded affirmatively. Mr. Hutchinson pointed out, however, that they could choose to go out for bid or to use the City's purchasing process. It would still come before the Board for a decision. Vice Chair Heavilin did not want to overdde the current procedures that the CRA has on bids. Attorney Payne pointed out that the CRA could piggyback off existing City contracts. Mr. Sugerman explained that the City Commission has awarded 20 different contracts to engineering firms under four different types of scopes of service. Staff can choose from any of those 20 firms and the contract and houdy rates are already in place. What is not in place is a task order for a particular project. When a task is identified, staff would go to these firms to ascertain the kind of professional staff that they would pay to do this task. If the number of hours is not satisfactory to staff, a negotiation process takes place. Chairman Finkelstein was agreeable with this process, but he did not want to change the Purchasing Manual. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 Motion Ms. Hoyland moved to deny the Cooperative seconded by Mr. Fisher and unanimously carried. X. Commission Action A. Purchasing Amendment. Motion Passage of Texaco request for Carwash with Approval of Variances Requested by the Project (CRA denied the rear variance and the sign variance) Mr. Hutchinson reported that the City Commission rescinded all the variances at its last meeting. Ms. Hoyland inquired what the next step would be for the Texaco Gas Station. Mr. Bressner stated that they cannot expand their business and do not have the authority to build the carwash. That would not preclude them from coming back with another site plan. Xl. None Xll. Board Member Comments Legal A. Status of the $9,000 Invoice Investigation Attorney Payne reported that she has an appointment to meet with Mr. Hutchinson and his attorney to discuss the matter. Chairman Finkelstein felt that some kind of timeframe should be set on this. Motion Mr. Fenton moved to table until the next meeting. unanimously carried. XlII. Other Items None XIV. Motion seconded by Mr. Fisher and Future Agenda Items A. Consideration of Contract for the Independent Feasibility Study for Savage Creatures of Ancient Seas Proposal (December) B. Consideration of Traffic Concurrency Exemption Area Study (December) the C. Ocean District Plan (December) 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 20, 2003 D. Consideration of Burkhart Construction Contract Amendment for 100% Construction (December) E. Architectural Model of the CBD to Seacrest Area (January) F. Boynton beach boulevard Design Build Authorization to go to 100% Drawings (December) G. Consideration of Pilot Program for Trolley Service in the CBD (January) H. Consideration of Special Pilot Program for Police Patrol in Heart of Boynton and the CBD (January) I. Way-finding Signage Workshop (January) J. CRA Audit Report (January) K. Consideration of Secudng CBD Surface parking Rights (March) XV. Adjournment There being no further business, the meeting properly adjourned at 8:55 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (November 24, 2002) 15