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Minutes 02-08-05 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 8, 2005 AT 6:30 P.M. Present: Jeanne Heavilin, Chairperson James Barretta Don Fenton Marie Horenburger Steve Myott Henderson Tillman Doug Hutchinson, CRA Director Ken Spillias, Board Attorney Absent: Alexander DeMarco I. Call to Order Chairperson Heavilin called the meeting to order at 6:32 p.m. and introduced Commissioner Ferguson and welcomed back Board member, Henderson Tillman. II. Roll Call The Recording Secretary called the roll and declared a quorum was present. III. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Chairperson Heavilin announced that Items VI. A, B and C, under New Business for Boynton Beach Lofts, would be tabled due to incorrect posting of the meeting time. Motion Mr. Tillman moved to table the Boynton Beach Lofts project items until the next Board meeting. Motion seconded by Ms. Horenburger and unanimously carried. Attorney Spillias noted that there is no discussion under a motion to table, but the applicant has requested to address the Board. Bradley Miller, of Miller Land Planning Consultants, Inc., representing the applicant, pointed out that he has been discussing this issue with staff since noon when they were made aware of it. He requested that they be allowed to remain on the agenda since the error dealt with posting of the incorrect time at the site. The notice mailed to the residents within the 400' radius of the site and the newspaper ad were correct. The Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 public would have three more opportunities to address this issue and they would like to proceed. Attorney Spillias explained that since one of the three types of notices was defective, it could potentially render what occurred defective and invalid. The process stated in the City Code requires the Board to consider the matter properly and duly noticed, and properly heard. The Board then makes a recommendation to the City Commission. If there were a defect in part of the process that is not cured by the City Commission, it would make this Board's role in the process irrelevant. Mr. Miller pointed out that tabling the items created a hardship since the Board's meeting in March would not take place until March 17th, and the Commission would not meet until April. Mr. Myott inquired if the Board could discuss the project because he had some comments. Chairperson Heavilin stated that if any Board member had any comments, it is permissible for them to contact the applicant to provide them with an opinion. Mr. Myott would have liked to have been afforded an opportunity to meet with the applicant prior to this meeting to discuss his views. Mr. Miller will contact Mr. Myott. B. Adoption of Agenda Motion Ms. Horenburger moved to approve the agenda, as amended. Motion seconded by Mr. Tillman and unanimously carried. IV. Consent Agenda A. Approval of Minutes of January 11,2005 Meeting Attorney Spillias requested to remove the Minutes from the Consent Agenda for correction. B. Financial Report Mr. Fenton removed Item B. from the Consent Agenda for discussion. C. Consideration of Reimbursement for Fa(;ade Grant for St. Mark Church Consideration of Work Authorization #8 for Boynton Beach Boulevard Extension, Promenade and Riverwalk 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 Motion Ms. Horenburger moved to approve the Consent Agenda, as amended. Motion seconded by Mr. Tillman and unanimously carried. A. Approval of Minutes of January 11,2005 Mr. Spillias requested that on Page 20 of the minutes, in the paragraph before item "C," the last sentence reads, "Attorney Spillias stated that the motions would not have to be made again, but the items had to be removed from the table." He requested that the language be changed to read, "Attorney Spillias stated that the motions would have to be ratified after the items were removed from the table." Motion Ms. Horenburger moved to approve the minutes, as corrected. Motion seconded by Mr. Myott and unanimously carried. B. Financial Report Mr. Fenton did not see where the bond proceeds were in the Financial Report. Mr. Hutchinson responded that the Financial Consultant had made recommendations for the funds to be split between the construction fund and reimbursement of previous expenses. Ms. Vielhauer, CRA Controller, pointed out that these funds are listed in the balance sheet under "cash and cash equivalents" on page 7639. The bond proceeds are also listed on page 7643 under revenues in the amount of $17,833,519.65. Interest on the construction account is 3.84% and 4.13% for the bond reserve fund. Mr. Fenton requested a separate breakout of these funds. She reported that the construction account is with CitiGroup and the bond reserve fund is with MBIA. The construction account has already earned $25,000 in interest. Motion Ms. Horenburger moved to approve the Financial Report. Motion seconded by Mr. Fenton and unanimously carried. Chairperson Heavilin presented the $15,000 Facade Grant check to Father Mark of St. Mark Church and congratulated Father Mark on doing a wonderful renovation on the Church. Father Mark thanked the CRA and the City for their support and noted that they are proud to be able to contribute to the redevelopment of the downtown area. V. Public Audience None Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 VI. Public Hearing Old Business None New Business A. Land Use Plan AmendmentJRezoning 1. Project: Agent: Owner: Location: Description: Boynton Beach Lofts (LUAR 05-003) Mr. Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Mr. Louis F. Mascia/Boynton Motel LLC 623 South Federal Highway Request to amend the Future Land Use designation from Local Retail Commemial (LRC) to Mixed Use (MX) and to rezone from Community Commercial (C-3) to Mixed-Use Low (MU-L) (TABLED TO MARCH 17, 2005 MEETING) B. New Site Plan 1. Project: Agent: Owner: Location: Description: Boynton Beach Lofts (NWSP 05-008) Mr. Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Louis F. Mascia/Boynton Motel LLC 623 South Federal Highway Request for new site plan approval to construct a mixed-use project consisting of 48 multi- family dwelling units, 5,364 square feet of retail, and 13,354 square feet of office on a 1.21-acre pamel in a MU-L zoning district. (TABLED TO MARCH 17, 2005 MEETING) C. Hei.qht Exception 1. Project: Agent: Owner: Location: Description: Boynton Beach Lofts (HTEX 05-001) Mr. Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Mr. Louis F. Mascia/Boynton Motel LLC 623 South Federal Highway Request for a height exception of three (3) feet two (2) inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4. F.2, to allow the mechanical room Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 housing elevator/stair tower to be 78 feet-2 inches in height, a distance of three (3) feet - two (2) inches above the 75-foot maximum height allowed in the Mixed-Use Low (MU-L) zoning district. (TABLED TO MARCH 17, 2005 MEETING) Mr. Hutchinson reported that staff requested that item D.2 be heard before item D.1 D. Code Review Project: Agent: Location: Description: Chapter 22, Streets and Sidewalks (CDRV 05-005) City initiated - Engineering Division N/A Request for amendments to the Land Development Regulations, Chapter 22, Streets and Sidewalks related to street naming and renaming, construction of sidewalks, access to and work within public rights-of-way, and providing for appeals, work requirements and surety (ADDRESSED OUT OF ORDER) Jeff Livergood, Director of Public Works, presented the item on behalf of staff. Staff is requesting many revisions to Chapter 22, which will act as a guide for the development of the City. The Commission reviewed the revisions and requested that the CRA and the Planning and Development Board review them. Four primary areas to Chapter 22 would be modified. The first area is the street naming procedure. This requires modification because currently there is very little order to the street addresses and numbering. There is no mechanism to provide for even-numbered homes to be located on the south side of the street and on the east. There is also a process for street naming and re-numbering. The second area is sidewalks. Over the years the City has waived the requirements for sidewalks, if there were no other sidewalks on the roadway. It does not make sense to require someone to build a 60' long sidewalk that would go nowhere in the middle of a block. Staff would like to have the ability to waive the requirement for the sidewalk, but as part of the waiver, the builder would have to pay a fee commensurate with the cost of construction of the sidewalk. The ordinance would provide for four quadrants, which are comprised of the four Commission Districts into which developers would deposit money. The funds would be used to build sidewalks in a logical fashion and in longer stretches. The City currently allocates $75,000 per year in its capital improvement program for new sidewalks and these fees would supplement those funds. It would take several years for the fees to Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 accumulate, but the City would like to proceed as soon as possible to build new sidewalks. Sidewalk priorities involve the areas used by grade school children and around elementary schools. As schools and school districts change, the walking and busing patterns of the children change. The Code will also address how the sidewalks should be built and the permitting process. Also, street openings would be better defined. In order for contractors and builders to perform work within the City's rights-of-way, they would be required to provide a certificate of insurance. In addition, a cash bond must be posted that would equal the cost of the work being performed. This is a major policy change. Builders would no longer be allowed to waive the requirement for sidewalks and a fee-in-lieu-of the construction of a sidewalk is now required. Staff is requesting that the CRA Board approve the changes and forward a positive recommendation to the Commission in order to move forward with the ordinance change. Mr. Fenton felt the requirement to build sidewalks equated to a redistribution of wealth in the City. For instance, if a contractor chose not to build a sidewalk, he would have to pay into the community pool and these costs would be factored into the construction costs. Mr. Livergood explained that the money put into the pool would be reassigned within that particular quadrant where the construction is occurring. Chairperson Heavilin inquired what this fee would be. Mr. Livergood responded that the fee would be established on an annual basis and would be equal to the cost for the construction of a sidewalk per square foot based upon current-year bids or other estimates. Mr. Myott asked about the street signage and the change in the standard for naming of streets and whether it would be retroactive to existing streets. If so, would there be costs associated with these changes. Mr. Livergood responded that if the City renamed streets, there would be costs for this and these costs have not been addressed. Mr. Myott asked if the costs would be significant, and Mr. Livergood noted that a street marker and post could cost up to $100. If the ordinance were adopted, this could involve one sign per intersection, depending upon the length of the roadway. The adoption of the ordinance would not initiate any costs in signage. The intent of the ordinance is not to require homeowners to change their addresses. As property turns over or is redeveloped and rebuilt over the course of many years, the addressing and numbering system could be changed to make it more logical. It could take 30 years to accomplish. It is staff's intent to have the least impact upon the public. Mr. Livergood noted that one of the primary reasons for the change was a request from the City's emergency response personnel. Many times it is difficult to locate a particular address when the street numbering is inconsistent. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 Chairperson Heavilin noted that there was a $1,400 application fee for a vanity street name. She asked if this fee could be used to offset the costs of changing the signage and Mr. Livergood stated that it could be used for this purpose. Ms. Horenburger inquired if the fee could be equated to an impact fee and whether it could be challenged. Attorney Spillias responded that he had not researched this issue and he was not sure if there would be a requirement to use the funds in a particular district. Mr. Livergood pointed out that the City Attorney helped draft the new ordinance. Chairperson Heavilin asked if anyone in the audience wished to address this item. Since no one came forward, the public audience was closed. Motion Ms. Horenburger moved to forward the item on to the City Commission. Motion seconded by Mr. Barretta and carried 5-1 (Mr. Fenton dissenting). Project: Agent: Location: Description: Medical or Scientific Research Uses in M-1 (CDEV 05-003) City-initiated N/A Request for amendment to the Land Development Regulations, Chapter 2, Zoning, Section 8, M~I Industrial District, to allow as conditional uses, uses proposed as medical or scientific research which involve the use, treatment, storage, or processing of human or animal bodies, or body parts (ADDRESSED OUT OF ORDER) Mike Rumpf, Planning and Zoning Director, presented the item on behalf of staff. The Legal Department drafted the item in response to a recent zoning experience to address a void in the City's zoning regulations. Staff is proposing the creation of a new district identified as "Medical or Scientific Research" that would involve the use, treatment, storage or processing of human or animal bodies and their body parts. Currently the Code only allows uses specifically listed as permitted, conditional, or environmental type uses in the Code and prohibits uses not specifically listed as permitted uses. This change would allow staff to properly review this item and to allow this use; otherwise, the use could be prohibited in the Code by excluding it specifically and allowing it to be reviewed through the conditional use process on a case-by-case basis. Currently the Code allows two uses in the M-1 District that are not clearly defined. Those two uses are medical and dental laboratories and research and development laboratories that would allow the proposed uses without any restrictions or special review. Mr. Rumpf pointed out that the Board is only being asked to approve one use 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 that is written in italics in staff's report on page 1. Additional changes will be made to the Code to clarify Nos. 11 and 13 in the M-1 Regulations to specifically exclude those allowed uses. The intent is to have these uses allowed only through the conditional use process on a case-by-case basis. Motion Ms. Horenburger moved for approval. Motion seconded by Mr. Myott and unanimously carried. VII. Old Business A. Consideration of Assistant Director Employment Contract Mr. Hutchinson reported that at the last meeting the opportunity arose for consideration to hire Dale Sugerman as Assistant Director to the CRA. Mr. Hutchinson felt that this was a rare opportunity to hire a person with this amount of experience and knowledge. A contract offering the position to Mr. Sugerman is included in the agenda packet for Board approval. The first item is consideration of whether or not the Board wanted to move forward with the contract with Mr. Sugerman. Mr. Tillman felt it was premature to hire an Assistant Director since the Board had previously selected a date when it would be appropriate to bring an Assistant Director onboard. Mr. Tillman commended Mr. Sugerman for doing a good job as the City's Assistant City Manager and stated he was not addressing Mr. Sugerman's ability to fulfill this position. Mr. Tillman felt that the Board's priority should be to hire a Planner, who could eventually move in and fill some of those roles. Mr. Tillman would like to discuss this further at the retreat since they have not looked at the functions of other Assistant Directors in other cities. Mr. Fenton pointed out that the position had not been advertised, whereas all other jobs had been advertised. Mr. Fenton inquired if there was a legal procedure that required the position to be advertised, since they advertised for a Planner and received 25 applications. He further questioned the legality of offering the position to Mr. Sugerman without public advertising. Attorney Spillias responded that unless CRA Purchasing Policies made it an absolute requirement that no position could be filled without being advertised, to his knowledge there were no State requirements to advertise for these types of positions. Mr. Fenton added that it has been the CRA practice to advertise for positions in the past and this is an obvious departure from that policy. Attorney Spillias explained that from a legal standpoint, the mere fact that a position was advertised for in the past, does not require that it be done every time. Chairperson Heavilin pointed out that the reason they advertised to fill positions in the past was due to the fact that they did not have anyone available to meet the 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 qualifications of a position. She did not think that it was ever stated that jobs had to be posted. Attorney Spillias noted that in larger organizations there is usually a distinction between staff level employees and contract level management personnel. Mr. Hutchinson felt that there were some extenuating circumstances on hiring Mr. Sugerman, who is currently working for the City and the CRA is an agency of the City. Mr. Fenton did not see any "give and take" in the contract. He felt that it was all "take." He was not aware, nor did he think any other Board member was aware, of the $20,000 lump sum contribution into a 401K on behalf of Mr. Sugerman. Mr. Fenton felt that Mr. Sugerman did a much better job with negotiating the contract than Mr. Hutchinson. Mr. Hutchinson pointed out that when he originally discussed this with the Board, he informed the Board that there were many issues that he would be bringing back in contract form Mr. Tillman equated this to putting the cart before the horse, and he noted that the duties of the position have not been defined by the Board. He further pointed out that the salary offer was $97,850 and next year when the Director's salary is reviewed, in all probability the Director's salary would exceed the Assistant Director's salary. This would result in an additional cost. Mr. Tillman was opposed to making any decision tonight. It appeared to him that since the CRA is flush with money from the bond issue, everyone wants to take from the CRA. Mr. Tillman reminded the Board that the CRA is about building and they should follow their original schedule on when to bring in an Assistant Director. The Board should be setting the criteria for this position and he was against filing the position at this time. Mr. Myott inquired what the timeframe was for Mr. Sugerman's position with the City. He read in the newspaper that Mr. Sugerman was offered a position with Highland Beach. Mr. Myott felt that the Board was thinking too small in terms of what the CRA could do and he felt that they could accomplish a great deal more if they had more staff. Having Mr. Sugerman onboard would take the CRA to another level. However, Mr. Myott agreed with Mr. Tillman that Mr. Sugerman needed an assignment in order to come onboard. He also felt that it would be an advantage to have an Assistant Director if anything should happen to Mr. Hutchinson. Mr. Myott inquired if there was enough time to work out the issues before Mr. Sugerman accepted any other offers. Mr. Hutchinson pointed out that there has been a job description for the CRA Assistant Director since inception of the CRA. He also provided a list of specific work assignments for this position. Mr. Tillman pointed out that this position was not to come on line until September 2006, to which Mr. Hutchinson agreed. Mr. Fenton noted that the pay scale for this position was included with the job description and the salary being offered Mr. Sugerman far exceeded the maximum pay scape. Mr. Fenton had a list of pay scales prepared by the Florida League of Cities for similar job functions in municipalities of comparable size and none of the salaries for these comparable positions were near the salary being offered Mr. Sugerman. The Assistant CRA Director in DeFray Beach received $65,000 per year. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 When this was first presented to the Board, the City was going to make up the difference in pay, which has since been withdrawn. Mr. Hutchinson confirmed that this was correct. Mr. Fenton stated that since the City has withdrawn its offer, he could no longer support hiring Mr. Sugerman. Chairperson Heavilin felt that the salaries obtained from the Florida League of Cities were irrelevant without knowing several other factors. Ms. Horenburger did not feel that the CRA was large enough to support two executive salaries at approximately $100,000 per year. She acknowledged that staff could use additional help and noted that Mr. Sugerman had a great reputation, but she could not support hiring him at this time. She pointed out that the Assistant CRA Director in Delray Beach is also the Controller. Ms. Horenburger noted that the remainder of the Board was not apprised of the figures furnished to Mr. Fenton and she agreed with Messrs Tillman and Fenton. Ms. Horenburger could not support hiring Mr. Sugerman at this time. Mr. Barretta felt that Mr. Sugerman would be asset to the CRA with his background in the City and the credentials that he came with. Mr. Barretta noted that there was nothing in the presentation that would quantify hiring Mr. Sugerman and the costs savings associated therewith. Chairperson Heavilin felt that the CRA should not be locked into timetables set four years ago when there were only two employees. She pointed out the growth that has occurred over the past four years and did not think they should hold themselves to previous benchmarks. Considering the magnitude of work that staff processes, she felt that it would be appropriate to completely review the salary and benefit packages for the current staff. In order to get the best people, they must remain competitive. Chairperson Heavilin was in full support of hiring Mr. Sugerman. Ms. Horenburger was upset because she had asked for the information that Mr. Fenton was furnished and she had been informed that staff could not accommodate her request due to time constraints. Mr. Hutchinson explained that this information was just received tonight, and Ms. Vielhauer furnished copies to all Board members. Mr. Hutchinson would like to look at the entire salary and benefit system at the retreat. He acknowledged that if they hired Mr. Sugerman, it would rock the entire system out of order and the system would have to be adjusted. Mr. Myott did not think they could ever have an applicant of Mr. Sugerman's experience with this City. Mr. Henderson recommended waiting until they go to the retreat to rework the job descriptions and to discuss what direction they want to go. He noted that one of their responsibilities is to protect the taxpayers' money. Mr. Sugerman responded to Mr. Myott's question of when he could begin his duties as Assistant CRA Director. Mr. Sugerman stated that he could begin his duties with the CRA three to four weeks after signing the contract. ]0 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 Mr. Barretta asked Mr. Sugerman to present his qualifications and what his responsibilities would be if he filled the position. Mr. Sugerman provided a list of tasks that Mr. Hutchinson requested he begin immediately as follows, including attending the retreat. He would be responsible for ail of the on-the-ground construction and utility activities that the CRA is involved in; interface with the design construction firm that he has worked with for eight years; contract management services; oversight of CRA finance and marketing activities; acquisition of parcels being bundled in the Heart of Boynton project; the trolley system; the CRA police programs; development of a new relationship with the Boynton Marina; exploring the possibility of creating a wireless fidelity network in the City ( he brings with him 20 years of information technology); reviewing and/or implementing a compensation and classification study; conduct employee reviews; and staff training and development. Mr. Sugerman is completing his doctorate in leadership and is an adjunct faculty member at two universities. He could also provide training for the Board. Mr. Hutchinson pointed out that Mr. Sugerman is the CRA liaison for the acquisition of property under the HUD guidelines for the Martin Luther King acquisitions and he could also assist with the acquisition of other properties that would be coming up. Mr. Hutchinson also felt that Mr. Sugerman could help in many other areas. With regard to the job description for the Assistant CRA Director, Chairperson Heavilin felt that they should be amended as the CRA grows. Mr. Barretta pointed out that when Mr. Sugerman left the City, a void would be created. He felt there would be a great loss if Mr. Sugerman were not available to this Board and staff that could be a detriment to what they are trying to accomplish. As a result, he was in favor of offering Mr. Sugerman the contract. Mr. Tillman did not think that they could afford to pay Mr. Sugerman $97,000. He noted that they are going to be bringing Ms. Vivian Brooks on staff as the CRA Planner, which was on the agenda for action. Mr. Tillman felt that Ms. Brooks came with many of the same qualities as Mr. Sugerman at a far lower salary. Further, if Mr. Sugerman were going to be charged with so many tasks and responsibilities, what would Mr. Hutchinson's responsibilities be? Mr. Barretta felt that a new planner coming into the City could not offer what Mr. Sugerman could offer and if the right staff were not onboard, it could cost the CRA money. Chairperson Heavilin did not think that a planner's qualifications could be compared to Mr. Sugerman's qualifications. Mr. Fenton felt that the CRA is doing a great job and acknowledged that staff is working very hard to get things done. He felt that hiring a planner would be the next step to take that would be in accordance with the guidelines. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida Motion February 8, 2005 Mr. Myott moved to accept the offer of the Assistant Director Employment Contract for Dale Sugerman. Motion seconded by Mr. Barretta. The Recording Secretary called the roll and the motion failed 3-3 (Mr. Fenton, Ms. Horenburger and Mr. Ti#man dissenting). Chairperson Heavilin inquired if there was room for further negotiating. Mr. Myott inquired if the item could be brought back when the full Board was present. Attorney Spillias pointed out that the prevailing side on the vote was the negative vote. If the exact same contract were brought back, it would have to be reconsidered, if a different contract were brought to the Board, it would be a new matter. VIII. New Business A. Consideration of Pay Scale for Planner Mr. Hutchinson reported that they received many applications for the Planner position and reviewed Ms. Brooks' qualifications. He noted that she could not be present due to prior commitments. Ms. Brooks' resume and qualifications were included in the agenda packet. He was confident that Ms. Brooks would fit in well with both the CRA and the City. Mr. Hutchinson noted that CRA Policy required that the Board must approve Ms. Brooks' pay scale. Mr. Hutchinson requested authorization to offer the position of Planner to Ms. Brooks at $55,000 annual salary. Motion Mr. Henderson moved to approve. Motion seconded by Mr. Fenton and unanimously carried. The motion carried 5-1 (Mr. Myott dissenting). IX. Commission Action Mr. Hutchinson reported that the parties to the site plan approval for Seaview Park Club have asked to have the City reconsider the site plan at the next Commission meeting. It appears that both sides have come to agreement and the project would be going forward. There was a compromise on the IPUD project and this would not be coming back to the Board for approval. Chairperson Heavilin inquired about the addendum from TUG. Mr. Hutchinson noted that one of the properties that the CRA purchased involved a vacant lot that could not be properly probated. The addendum addresses this and the estate will now be probated. The person named in the contract is only a partial heir and the other heirs have signed off. This will now provide clear title to the property. Mr. Hutchinson stated that no Board action was necessary. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 Ms. Horenburger asked for an update on the wayfinding signage situation with DOT and was informed that they are now reviewing it. The CRA has applied for a waiver and it appeared that one would be granted so the signs could be erected. Mr. Hutchinson announced that the CRA has been approved for a $250,000 Direct Transit Authority Federal Grant and the paperwork has been submitted. He anticipated that these funds would be received sometime in early July. This grant is in addition to the MPO grant. The funds could be used for operating expenses and is available annually. Mr. Hutchinson commended Ms. Vielhauer in her efforts for obtaining the grant. These funds, along with the additional $400,000 in TIF funds, will be included in the revised five-year forecast. Xl. Board Member Comments Chairperson Heavilin noted that a second signatory is needed for the CRA bank accounts. Mr. Hutchinson commented that the City Commission, at the last meeting in March, appoints the Chairperson and Vice Chair. After that meeting, those two officers would be the signatories on the bank accounts. Motion Mr. Myott nominated Henderson Tillman. Motion seconded by Ms. Horenburger and unanimously carried. XlI. Legal No report Xlll. Other Items Ms. Horenburger would like Attorney Spillias to review the State's conflict of interest laws. She noted that there are realtors and architects serving on the Board that have conflicts. Ms. Horenburger sits on another board that received an opinion about "ongoing" conflicts and she would like to be provided with the definition of an 'ongo'ng" conflict and whether this Board is different from other boards with regard to the ethics laws. Ms. Horenburger requested that the next time staff proposed to hold a retreat they obtain more Board input. Mr. Myott wanted to speak about the inferior quality of the elevations of the project that was scheduled to be heard by the Board tonight and asked Counsel if he could address this. Mr. Spillias stated that it would not be inappropriate to speak about the project keeping in mind that nothing discussed would go towards making a decision next month when the items come back to the Board. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 8, 2005 Mr. Hutchinson thought that staff's statements under conditions of approval need to be stronger in giving direction. He felt that working more closely with City staff could accomplish this. When the Board offers incentives for the larger CRA projects, the Board insists that the projects come back for any kind of additional approval. He would like this requirement to apply to all projects, regardless of size. He will be bringing this up at the retreat for discussion. Mr. Hutchinson pointed out that this is the first mixed-use Iow project for the Board to consider. He recommended that Board members individually meet with the developers to provide input before the meetings. If at any time a Board member would like to meet with a developer, they should let Mr. Hutchinson know. Mr. Barretta noted that staff comments for the project stated that the project was lacking architectural detail on all the facades that would be added and negotiated with staff. If the Board had approved the project tonight and then the developer went back and met with staff, the Board would have no idea what kind of architectural details had been agreed upon. Also, one of the comments recommended that the massing had to be amended. These kinds of general comments should not be acceptable and would render this Board's approvals meaningless. Mr. Barretta inquired if the CRA Planner would sit in on the TRC meetings and Mr. Hutchinson stated that she would, along with himself. Mr. Hutchinson felt it was important that the Board members have ample opportunity to review the projects prior to them being heard by the entire Board. Chairperson Heavilin requested that the CRA Planner comments be added to staff comments when the items come before the Board. Mr. Hutchinson stated that TRC would be adding a section for CRA staff conditional statements. XIV. Adjournment There being no further business, the meeting properly adjourned at 8:22 p.m. Respectfully submitted, Recording Secretary (February 10, 2005)