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Minutes 05-11-04 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 11, 2004, AT 6:30 P.M. Present Henderson Tillman, Vice Chair Doug Hutchinson, CRA Director James Barretta Lindsey Payne, Board Attorney Alexander DeMarco _ Don Fenton Charlie Fisher Absent Jeanne Heavilin, Chairperson Larry Finkelstein I. Call to Order In the absence of the Chairperson, Vice Chair Tillman presided and called the meeting to order at 6:35 p.m. II. Roll Call The Recording Secretary called the roll and declared a quorum was present. III. None Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda Motion Mr. DeMarco moved to and unanimously carried. IV. Consent Agenda A. approve the agenda. Motion seconded by Mr. Fenton Approval of Minutes of April 13, 2004 Workshop, April 13, 2004 Regular Meeting and April 15, 2004 Workshop B. Financial Report Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 Mr. Fenton requested that Item B, Financial Report, be pulled for discussion. Consideration of payment of $15,000 for the Fa(~ade Grant Application for Grace Fellowship Church Motion Mr. DeMarco moved to approve the Consent Agenda, as amended. Motion seconded by Mr. Barretta and unanimously carried. B. Financial Report Mr. Fenton referred to the Interest Rate Comparison Memo dated May 11, 2004 that was distributed by Ms. Vielhauer. Mr. Fenton noted that the Board currently has their account with SunTrust and because their interest rate is 30 basis points more than the other three banks, the funds would remain with that Bank at 1.40%. Ms. Vielhauer stated that this was correct. Ms. Vielhauer will continue to monitor the rates. Motion Mr. Fenton moved to approve the Financial Report. Motion seconded by Mr. DeMarco and unanimously carried. V. Public Audience None VI. Public Hearing Old Business - None New Business Mr. Hutchinson recommended' that the Board consider Items A.1, B.1 and D.1 simultaneously since they are part of the same project. A. Annexation Project: Agent: Owner: Location: Bayfront (ANNEX 04-001) Carlos Ballbe, Keith & Ballbe, Inc. Hector Garcia, Southern Homes of Palm Beach IV, LLC. West side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 Description: Request to annex 2.46 acres of property in connection with the'request to build 48 fee- simple townhomes and related site improvements. B. Land Use Plan Amendment/Rezoninq Project: Agent: Owner: Location: Description: Bayfront (LUAR 04-001) Carlos Ballbe, Keith & Ballbe, Inc. Hector Garcia, Southern HomEs of-Palm Beach IV, LLC. West side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use map from Commercial High Intensity (Palm Beach County) to Special High Density Residential; and Request to rezone property from General Commercial (Palm Beach County) to Infill planned Unit Development (IPUD). Proposed use for multi-family development consisting of 48 units. Dick Hudson, Senior Planner, presented the item on behalf of staff and explained that this is a three-part request: (1) Annexation; (2) Amend the Future Land Use Designation from C/H 5 (Palm Beach County) to special high density residential at 20 units per acre; and (3) Rezone from GC (General Commercial), Palm Beach County designation, to lnflll Planned Unit Development (IPUD). The property owner is Southern Homes of Palm Beach and the property is located on the west side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway. The parcel consists of 2.46 acres. The applicant is requesting to do an IPUD with 48 units. Mr. Hudson reviewed and pointed out the properties and their.uses that surround the proposed project Staff is recommending approval of the requested land use amendment and rezoning. The request is consistent with the objectives of the City's annexation program, the development policies of the Comprehensive Plan and the adopted Federal Highway Corridor Community Redevelopment Plan. The requested land use amendment and rezoning would allow the development of a project that will benefit the City, fiscally and Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 aesthetically. Mr. Hudson pointed out that there is not much demand for retail/commercial in this area, but there is a proven demand for residential use along the Federal Highway Corridor. Attorney Payne administered the oath to all persons that would be testifying, including Mr. Hudson who had just testified. Mr. Fisher inquired that since the property is not currently part of the City, how would it become part of the CRA. Mr. Hudson pointed out that the CRA boundary extends to the south County line. Once the property is annexed, it would automatically b~come-part of the CRA. Mr. Fisher also inquired if this project would be similar to the applicant's other project along Federal Highway and Mr. Hudson responded that it was. However, this project is not individual townhouses, but consists of 20 units per acre. D. New Site Plan (Heard out of Order) Project: Agent: Owner: Location: Description: Bayfront (NWSP 04-002) Carlos Ballbe, Keith & Ballbe, Inc. Hector Garcia, Southern Homes of Palm Beach IV, LLC. West side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway. Request for new site plan approval for 48 fee- simple townhomes and related site improvements on a 2.46 acre parcel in a proposed Infill Planned Unit Development (IPUD). Eric Johnson, Planner, presented the item on behalf of staff. Staff reviewed the proposed site plan in accordance with the Land Development Regulations and determined that it complies with all aspects of the Code. Anything that does not comply is contained in the Conditions of Approval (Exhibit C). The plan meets all traffic and school concurrency requirements and drainage. Staff reviewed the driveways, parking lot areas and required parking spaces, landscaping and signage, which are all included in staff's report. Vice Chair Tillman announced the public hearing. Mr. Arthur Shilling, 818 Chukker Road, lives in Tradewinds and questioned if this land was related to the annexation. Mr. Hutchinson explained that the annexation before the Board tonight is for a specific lot and is not related to Tradewinds and is not located along Chukker Road. The property being annexed is on the west side of Federal Highway. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 Mr. Hudson stated that the project slated for the east side of Federal Highway has been postponed until June. Mr. Johnson pointed out that staff is recommending approval, subject to the 49 conditions of approval. Mr. DeMarco inquired if the applicant has agreed to all conditions of approval and was informed that they have. Motion Mr. Fisher moved to approve the request to annex 2.46 acres of property in connection with the request to build 48 fee-simple townhomes and related site improvements on the west side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway, subject to all staff comments. Motion seconded by Mr. DeMarco and unanimously carried. Motion Mr. Fisher moved to approve the request to rezone the property from General Commemial (Palm Beach County) to Infill Planned Unit Development (IPUD) for the property located on the west side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway, subject to all staff comments. Motion seconded by Mr. Fenton and unanimously carried. Motion Mr. Fisher moved to approve the request to amend the Comprehensive Plan Future land use map from Commercial High Intensity (Palm Beach County) to Special High Density Residential for the property located on the west side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway, subject to all staff comments. Motion seconded by Mr. Fenton and unanimously carried. Motion Mr. Fisher moved to approve the request for new site plan approval for 48 fee-simple townhomes and related site improvements on a 2.46-acre parcel in a proposed Infill Planned Unit Development (IPUD) located on the west side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway, subject to all staff comments. Motion seconded by Mr. Fenton and unanimously carried. Project: Agent: Owner: Location: Oceanside (LUAR 04-003) Carlos Ballbe, Keith & Ballbe, Inc. Hector Garcia, Southern Homes Beach V, LLC. West side of South Federal approximately 1,000 feet south Highway of Palm Highway, of Old Dixie Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 Description: Request to amend the Comprehensive Plan Future Land Use-Map from Local Retail Commercial to Special High Density Residential; and Request to rezone from C-2'Community Commercial to Infill Planned Unit Development (IPUD). Proposed use for 45 multi-fam~y residential units. Mr. Hudson requested that Item D.2 (site plan approval) for the same project be heard with this item, to which the Board agreed. Dick Hudson, Senior Planner, presented the item on behalf of staff. The project is located on the west side of Federal Highway, approximately 1,000 feet south of Old Dixie Highway and is comprised of 2.26 acres, which the applicant is currently using as their sales office site. The proposed use is a 45 unit, multi-family development. Mr. Hudson reviewed and pointed out the properties and their uses that surround the proposed project. Staff recommends approval for the following reasons: (1) (2) (3) (4) The request is consistent with the intent of the Comprehensive Plan and will not create additional impacts on the infrastructure and would be compatible with the adjacent land uses. It will enhance the Federal Highway Corridor. It will contribute to the overall economic development of the City. Increase housing opportunities for residents. Mr. Tillman opened the public hearing. Since no one wished to speak, the public hearing was closed. Project: Agent: Owner: Location: Oceanside (NWSP 04-004) (Heard out of Order) Carlos Ballbe, Keith & Ballbe, Inc. Hector Garcia, Southern Homes of Palm Beach V, LLC West side of South Federal Highway, approximately 1,000 feet south of Old Dixie Highway. Description: Request for new site plan approval for 45 fee- simple townhomes and related site improvements on a 2.26-acre parcel in a Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 proposed Infill Planned Unit Development (IPUD). Eric Johnson, Planner, presented the item on behalf of staff. He pointed out that the request is for 45 fee-simple townhomes. Staff has reviewed the project for compliance with the LDR. Mr. Johnson pointed out that there is a billboard on the site that will be removed by the applicant, which is one of the conditions of approval. Staff also reviewed the project for traffic and school concurrency and drainage and the project meets the City's parking requirements. The landscape plan is more than adequate. Staff is recommending approval of the project, subject to the 46 conditions of approval as listed in Exhibit C. Vice Chair Tillman asked the applicant if they agreed with all 46 conditions and Mr. Ballbe stated that they did. Mr. Fenton questioned the condition that the applicant remove the billboard after 19 unit sales have taken place. Mr. Ballbe reported that they felt that when half the project was sold, the billboard could be taken down. Mr. Fenton pointed out that 19 was not half, which the applicant acknowledged. Mr. Fisher inquired if the billboard would be placed elsewhere in the City. Mr. Johnson stated that the billboard could not be placed anywhere else in the City. Vice Chair Tillman opened up the public hearing. Since no one wished to speak, the public headng was closed. Motion Mr. Fisher moved to approve the request to amend the Comprehensive Plan Future Land Use map from Local Retail Commercial to Special High Density Residential and the request to rezone from C-2 Community Commercial to an Infill Planned Unit Development (IPUD) for a proposed use for 45 multi-family residential units located on the west side of South Federal Highway, approximately 1,000 feet south of Old Dixie Highway, subject to all staff conditions. Motion seconded by Mr. DeMarco and unanimously carried. Motion Mr. Fisher moved to approve the request for new site plan approval for 45 fee-simple townhomes and related site improvements on a 2.26-acre parcel in a proposed Infill Planned Unit Development (IPUD) located on the west side of South Federal Highway, approximately 1,000 feet south of Old Dixie Highway, subject to all staff comments. Motion seconded by Mr. Fenton and unanimously carried. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 C. Master Plan Modification Project: Agent: Owner: Location: Description: Coastal Bay Colony (MPMD 04-002) Thomas Pagnotta, Southern Homes Southern Homes of Palm Beach II, LLC. West side of South Federal Highway, approximately 200 feet south of SE 23r~ Avenue Request for Master Plan Modification approval to reduce the side setbacks approved-at ten (10) feet to five (5) feet for lots 3 and 59 of the 64-1ot subdivision. Ed Breese, Principal Planner, presented the item on behalf of staff. The applicant is applying for a modification to their master plan to amend the side setbacks for Lots 3 and 59 from the previously approved 10' to 5' in order to improve and enhance the front entry and driveways. The project is located on the west side of South Federal Highway, south of Golf Road and consists of 64 fee-simple townhomes in 12 separate buildings on 4.34 acres. The modification would allow for two lanes of stacking in front of the entry gates. One lane would be electronically controlled for residents, and the second lane would be used for visitors and guests. The original plan called for a 6' pro-cast concrete wall along the north and south property lines and Lots 3 and 59 would have 10' of spacing between the wall and the associated townhouse. With this modification, there would be 5' between both structures and the wall. Staff is of the opinion that the amendment to the master plan would have little or no effect upon the adjacent properties and would improve the onsite operations and traffic circulation for the development. Staff recommends approval of the request, subject to the two conditions of approval contained in Exhibit C. Vice Chair Tillman opened up the public hearing. Since no one wished to speak, the public audience was closed. Motion Mr. Fisher moved to approve the request for Master Plan Modification approval to reduce the side setbacks approved at ten (10) feet to five (5) feet for lots 3 and 59 only of the 64-1ot subdivision located on the west side of South Federal Highway, approximately 200' south of SE 23rd Avenue, subject to all staff conditions. Motion seconded by Mr. Fenton and unanimously carried. D. New Site Plan 1. Project: Agent: Bayfront (NWSP 04-002) (Previously Heard) Carlos Ballbe, Keith & Ballbe, Inc. Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 Owner: Location: Description: Hector Garcia, Southern Homes of Palm Beach IV, LLC. West side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway. Request for new site plan approval for 48 fee- simple townhomes and related site improvements on a 2.46 acre parcel in a proposed Infill Planned Unit_ Development (IPUD). Project: Agent: Owner: Location: Description: Oceanside (NWSP 04-004) (Previously Heard) Carlos Ballbe, Keith & Ballbe, Inc. Hector Garcia, Southern Homes of Palm Beach V, LLC West side of South Federal Highway, approximately 1,000 feet south of Old Dixie Highway. Request for new site plan approval for 45 fee- simple townhomes and related site improvements on a 2.26-acre parcel in a proposed Infill Planned Unit Development (IPUD). E. Site Plan Time Extension 1. Project: Agent: Owner: Location: Description: Schnars Business Center (SPTE 04-003) James W. Mahannah, P.E., Schnars Engineering, P.E. 924 Venture, L.L.C. 924 North Federal Highway Request for a (1) year time extension of the site plan approval granted on February 18, 2003 from February 18, 2004 to February 18, 2005. Maxime Ducoste, Planner, presented the item on behalf of staff. The project was reviewed in 2002 as a mixed-use project On a 0.52-acre site. The intent was to construct a three-story, 8,754 square foot office and retail building at the southeast corner of Federal Highway and NE 9th Avenue: After this Board approved the site plan, the City Commission approved it on February 18, 2003. The request to extend the site plan approval would allow the applicant additional time to secure financing in order to move forward with the project. Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 Staff is recommending approval to extend the expiration date to February 18, 2005. There is one condition of approval that requires that the applicant must submit a revised traffic impact statement stating that the project meets the traffic performance standard of Palm Beach County Traffic Division prior to the issuance of a building permit. Mr. Fenton inquired if the applicant was present and was informed he was not. Vice Chair Tillman opened the public hearing. Since no one wished to speak, the public hearing was closed. Mr. Fisher questioned if it were feasible to tie up the property for another year and felt that six months would be better. Mr. Hutchinson stated that the applicant either intends to construct the project or to sell it as a project ready to build. He was aware that they were in negotiations with a party that was interested in the project that resulted in the site plan extension request. Mr. Fisher inquired if a year would be necessary and Mr. Hutchinson felt that they would need this much time. Mr. Fisher would like the Board to consider a six-month extension. Mr. Fenton was disappointed that the applicant was not in attendance to present their views on their item. He felt it was important that the applicant be present so that the Board's questions could be properly answered. Mr. Fenton requested that the item be tabled until the June meeting so that the applicant could be present. Mr. Ducoste said that the item could be tabled without the site plan expiring because the extension was submitted before the expiration date of the original approval. Motion Mr. Fenton moved to table Item D.1 (Schnars Business Center) until the June meeting. Motion seconded by Mr. DeMarco and unanimously carried. Mr. Fenton recommended that Mr. Hutchinson inform the applicant in writing that the Board requests their presence at the next meeting, which Mr. Hutchinson agreed to do. VII. Director's Report Mr. Hutchinson noted that the entire Director's Report is included in the agenda packet. He will be reporting only on the salient points contained therein as follows: The annual report was received electronically in the CRA office today. It is being corrected and should be available for the Board to review shortly. The report will be in color and is eight pages. Riverwalk Promenade extension area and Marina Project have begun construction. l0 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 With regard to the wayfinding sign program, the signs are in the warehouse and the contractor to install the signs has been selected. They are at the permitting stage, and it is anticipated that the signs would be going up shortly. The Police Pilot Program is almost completed and the requested one more month to present an operational preparing. All other issues have been resolved. Police. Department plan that they are The Website should be on line within the next 30, and hopefully 15:days, "under the construction stage." Mr. Hutchinson reported that Ms. Annette Gray has prepared a book on all the events that the CRA has participated in and the books were distributed to the Board. Considering all the events that have taken place, they have spent under $50,000 for the entire year. He pointed out that Delray Beach spends $1.4 million for their events. The books contain information on all the applications, forms letters, sponsorships, volunteers, contracts, budgets etc. Mr. Hutchinson commended Ms. Gray for all the fine work she has done on these events and asked her to report on HeritageFest. Ms. Gray reported that the books handed out are roadmaps for each event that the CRA has been involved in and provide in detail the logistics of each event. Each book contains a wrap up report that sums up the successes of the event, opportunities for improvements and recommendations. Ms. Gray reported that HeritageFest this year profited $10,000 for the first time in 21 years. Mr. Hutchinson reported that great progress has been made with HeritageFest. Ms. Gray also reported that the success was due in part to the City lending its staff and support. Ms. Gray thanked Mr. Bressner for providing the City's support. Vice Chair Tillman reported that the City has approved an Arts Commission that the Board had wanted to see instituted for a long time. He felt it was important that the City move forward in this direction and that the City incorporate arts to attract people. Vice Chair Tillman thanked the CRA staff for doing so much work with such a small staff. Mr. Fisher inquired if the $10,000 was being reinvested in the HeritageFest and was informed that it was. Mr. Fisher felt that the $1.4 million that Delray Beach spends is in cooperation with corporate sponsors. Mr. Hutchinson felt that the $1.4 million did not include sponsorship money. Mr. Fisher recommended that the CRA staff also try to enlist more corporate sponsors for their events. Ms. Gray also pointed out that the success of HedtageFest was due in part to having national entertainment and celebrities throughout the entire month and they hope to increase funding to draw more nationally recognized entertainment. ]! Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 Mr. Fisher asked about the HUD Office visit contained in the Director's Report. Mr. Fisher had concerns that in trying to save money, they may incur legal fees if they do not follow the HUD guidelines. He also felt that if they did not move forward, this would delay the purchase of the properties. He would like the process moved along. Mr. Hutchinson reported that he was in Washington last week and the trip was a success. The CRA put in grants for a trolley, the Promenade, Riverwalk and the Museum. He was optimistic about the grant for a trolley, as well as the Museum project that was very well received. They have a commitment from the County to utilize their marketing staff to assist with this. Mr. Fisher inquired if the report on the feasibility study has been received and Mr. Hutchinson said it has not. Mr. Fisher questioned if it was realistic to spend time on the Museum until the Board finds out whether the project is feasible. Mr. Hutchinson stated that the grant underwriting would make a difference on the feasibility of the Museum. VIII. Old Business IX. New Business A. Consideration of Assignment of Funding for Marina Parking Garage to Bank United. Mr. Hutchinson reported that this Board has already approved an agreement with The Related Group to reimburse them on a draw basis for the parking garage at their site. The Bank that is underwriting the project wants all these agreements assigned to them. The Related Group has forwarded an assignment for execution by the CRA to assign the funds to BankUnited. Attorney Payne noted that execution of the assignment would assign the rights to the money from The Related Group to the Bank. Mr. Fisher pointed out that no money would be disbursed until construction begins. Mr. Hutchinson explained that this is a reimbursement of funds after work is done. Motion Mr. Fisher moved to approve the Assignment of the Funding Agreement for the Marina Parking Garage to BankUnited FSB. Motion seconded by Mr. DeMarco and unanimously carried. B. Consideration of Fa(;:ade Grant for Colonial Center Condominium Association, Inc. Mr. Hutchinson announced that the facade grant program has generated a great deal of interest and there are some excellent projects underway. The grant for consideration would meet the requirements. He pointed out that the next item on the agenda is Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 consideration of a budget transfer in order to have the funds ready when the project is submitted. Mr. DeMarco announced that Attorney Allan Martincavage, who maintains an office in Colonial Center, that he would be coming to the meeting around 8:15 p.m. Mr. DeMarco inquired if the Board wanted to wait until Mr. Martincavage showed up. Mr. Fisher inquired if Mr. Martincavage was in favor of the grant and was informed that he was. Members agreed to proceed. Mr. Hutchinson reported that the project would be for replacement lighting. _ Motion Mr. Fisher moved to approve the Fa(;:ade Grant for Colonial Center Condominium Association, Inc. Motion seconded by Mr. DeMarco and unanimously carried. C. Consideration of Budget Transfer for Fa(~ade Grant Request. Mr. Fenton inquired why the applicant was only requesting $8,273 and Mr. Hutchinson responded that this is the amount they are short; they have other funds to cover the entire grant. Mr. Fisher noted that the Fac~,ade Grant Program runs to October Ist and asked if staff would need more money before the next budget year. Mr. Hutchinson stated that there is one application pending and there may be two more coming in. Mr. Hutchinson felt that they needed $50,000 until the next budget year. These funds could be transferred from the reserves. Mr. Hutchinson also noted that four 4x8 signs were made to identify the projects as CRA Facade Grant Programs and the funds for the signs came out of the grant program funds. The signs will be going up tomorrow at the projects. Mr. Fisher recommended changing the request for a budget transfer to $50,000, rather than the $8,273 requested in the agenda backup. Motion Mr. Fisher moved to approve the budget transfer for the amount of $50,000 from the reserve account to the fagade grant account for fa~:ade grant requests. Motion seconded by Mr. DeMarco and unanimously carried. D. Consideration of Task Order for Phase I of MLK Land Acquisition Mr. Hutchinson reported that the Iow bidder withdrew and the second lower bidder (Gallion Wilson, LLC) is being recommended at $20,100. The service they would provide includes the cost for ali 30+ appraisals, if needed. The service is for appraisal review and is a safeguard mechanism employed in the HUD Program. If they do not use their services for some of the property, the CRA would not be billed. Mr. Hutchinson inquired if the appraisals would be done automatically, or would it be for appraisals that a request was made for review. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 Howard Steinholz from The Urban Group, Inc., explained that the review appraisal process is part of the acquisition program. Under the guidelines of the Uniform Relocation Act, an appraisal review is required for an appraisal in order to establish the offering price. Vice Chair Tillman did not think that paying for reviews of appraisals was necessary. He felt that an appraisal would be sufficient, and he did not want to set a precedent in following anyone else's guidelines. If the Board in fact undertook this procedure, it would have to be done from now on. He felt that if an automatic review o_f an appraisal was necessary, it could become financially prohibitive. Mr. Hutchinson noted that at previous meetings the Board agreed to follow the Uniform Relocation Act guidelines. Vice Chair Tillman pointed out that this decision was made based upon available information, and he felt that the information they received at that time was insufficient. Since then, he has determined that this review process was not necessary. Mr. Hutchinson was of the opinion that as soon as they purchase one piece of property outside of the guidelines, they would be outside the guidelines. Mr. Fisher inquired how many reviews would be done for $20,000, and Mr. Steinholz responded that there were 30 appraisals; therefore, 30 reviews would be done. Mr. Fisher noted that this came to $800 per property and he felt that only one lawsuit from any property owner would cost the City much more in legal fees than $800. Vice Chair Tillman pointed out that the money was not the issue, but following a precedent that is not the rule of law is and he did not think that it was necessary for appraisals to be reviewed. If a piece of property required a review, it could come back to the Board for consideration. Mr. Fisher noted that this only pertained to the Heart of Boynton area and this area needs to be treated differently because of HUD and other governmental agencies that are involved. Vice Chair Tillman felt that the Board has been misinformed in terms of following HUD guidelines. Mr. Fisher noted that the Board, as a whole, has previously stated that they are following HUD guidelines. Mr. Fisher said that the Board needs to determine whether it intends to follow the guidelines or not and does the Board want to move forward and get the appraisals done or not? At the last meeting the Board expressed concerns that nothing had been done and felt that they should move forward. Mr. DeMarco noted that Dale Sugerman had been present at the last workshop and he would like to hear from him on this matter. Mr. Fisher pointed out that it was Mr. Sugerman's letter in the agenda packet that requested the review process and recommended going forward with the second lowest bidder. Mr. DeMarco felt that they should go along with Mr. Sugerman's recommendation because of his background in these matters. Mr. Fenton noted that it was a letter to Mr. Sugerman and that Mr. Sugerman did not make any recommendations. Mr. Hutchinson explained that Mr. Sugerman requested the contract with The Urban Group on behalf of the Board. Mr. ]4 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 Hutchinson explained that the Board gave direction to use the HUD Program and if the Board is going to do this, they have to have the review process in place. Motion Mr. DeMarco moved to accept the recommendation to go with the review process. Motion seconded by Mr. Fisher. Mr. Fisher requested that Mr. DeMarco amend his motion to award the ?_ask Order to the second highest bidder, which is Gallion Wilson, L.L.C. of Ft. Lauderdale. Mr. DeMarco agreed to amend his motion and Mr. Fisher seconded the amended motion. Mr. Barretta inquired what the ramifications would be if they did not follow the HUD guidelines. Mr. Hutchinson stated that this same question was asked of HUD, since the CRA is a City agency and the City is an entitlement city that receives funds automatically from HUD. He explained that the CRA and the City have within the Heart of Boynton back-to-back projects. The City's legal staff asked HUD if HUD would separate the CRA from the City when the funds are received. HUD did not give a definitive answer that satisfied Legal. Therefore, to ensure complete fairness, it was decided to proceed with the HUD program and not to pursue it any further legally because this could tie up the program for months. Mr. Barretta felt it would be best if they followed the HUD guidelines Vote The Recording Secretary called the roll and the motion carried 3-2 (Vice Chair Tillman and Mr. Fenton dissenting). X. Commission Action Xl. Board Member Comments Xll. Legal Xlll. Other Items Mr. Hutchinson noted that he has been forwarding the Commission agendas to members for their information. Staff is also working to set up a workshop with the Commission and the CRA that should take place after the feasibility study and the report on Town Square is received. XIV. Future Agenda Items A. Consideration of Joint Venture for CBD Parking Spaces (June). Meeting Minutes Community Redevelopment Agency Boynton Beach, FL May 11, 2004 B. Consideration of Contract for Police Pilot Program in the CRA Boundaries (June). C. Consideration of Pilot Program for Trolley (June) D. Consideration of Website (June) E. Consideration of Annual Report (June) F. Consideration of the Promenade at Boynton Beach Site Plan Approval.- G. Budget Workshop (June & July). XV. Adjournment There being no further business, the meeting properly adjourned at 7:50 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (May 12, 2004)