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Minutes 05-10-05 MINUTES OF THE REGULAR MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY, HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY MAY 10, 2005 AT 6:30 P.M. Present Jeanne Heavilin, Chairperson Henderson Tillman, Vice Chair James Baretta Alexander DeMarco Don Fenton Marie Horenburger Steve Myott Doug Hutchinson, CRA Director Ken Spillias, Board Attorney I. Call to Order Chair Heavilin called the meeting to order at 6:31 p.m, and introduced Commissioner Ensler and Diana Johnson, President of the Chamber of Commerce. II. Roll Call The Recording Secretary called the roll and declared a quorum was present. III. Approval Agenda A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda Ms. Horenburger pulled Item IV. H. from the Consent Agenda for discussion. Chair Heavilin pulled Item IV. C. from the Consent Agenda for discussion. Motion Vice Chair Tillman moved to approve the agenda. Motion seconded by Ms. Horenburger. Ms. Horenburger asked if they were postponing the New Business, Code Review, for the Building Colors along Major Roadways project. MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA MAY 10, 2005 Mr. Hutchinson stated it would be postponed until the next CRA regular meeting. Motion carried unanimously. IV. Consent Agenda A. Approval of Minutes, April lih 2005 meeting. B. Financial Report. C. Consideration of Façade Grant Request for James McMillan Jr. for the property located at 1107 North Federal Hwy. Chair Heavilin pulled Item IV.C from the Consent Agenda for discussion. D. Consideration for a Six Month Extension for the Boynton Beach Boulevard Self-Assembly Group. E. Consideration for a Six Month Extension for the North Federal Highway Self-Assembly Group. F. Consideration of the Budget Transfer Request 2004-2005. G. Consideration of Human Resources Policy for Paying the Travel Expenses for Personnel Interviews. H. Consideration of Payment of Ethics Fine for Charlie Fisher. Ms. Horenburger pulled Item IV. H. from the Consent Agenda for discussion. I. Consideration of Ten (10) Foot Utility Easement Over the Northern Portion of the Relax Inn Property. Motion Ms. Horenburger moved for approval of the Consent Agenda, as amended. Motion seconded by Vice Chair Tillman and unanimously carried. Chair Heavilin stated she pulled Item IV.C, which was Consideration for Façade Grant Request for James McMillian Jr., and asked if the applicant was present. James Kent McMillan, 1301 SW 27th Ave, assumed the podium. 2 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA MAY 10, 2005 Chair Heavilin asked what type of business it was and Mr. Kent stated it was never a business. He owned the building for a little over three years, but it took a year to get the permits because of the non-conforming site. He had to get parking variances and had to put in parking lots and drainage, which was done in Phase I and Phase II. Chair Heavilin stated she wanted to know what his plans were for the building. Mr. McMillan stated three years ago, the original request for the site plan was to put in a watercraft business. Right now it is still an option, but he also had an offer from The Dorma Group, which is a local family-based company, to lease it for office space. He said that would tremendously reduce the parking impact. Mr. DeMarco asked when the property would be occupied and Mr. McMillan stated the company would like to move in as soon as he is finished. He expects to finish within a month, but he might have to do a revision under his current permit because the company would like to put in some interior walls, so therefore he cannot give a specific timeframe but hoped they could move in within three months. Mr. DeMarco asked if it would be possible to give the CRA office a report every 30 days on the accomplishments, but Chair Heavilin stated that was not a part of the façade guidelines. Mr. DeMarco stated he was trying to get a time period as to when someone would move into the office space. Mr. Fenton did not agree, and stated it was a façade grant approval, and did not think the questioning was necessary. Motion Mr. Fenton moved the Board approve the Façade Grant reimbursement request of $15,000.00 for James Kent McMillan Jr. Motion seconded by Vice Chair Tillman and carried 6-1 (Mr. DeMarco dissenting). Chair Heavilin welcomed Commissioner Ferguson to the meeting. V. Public Audience Chair Heavilin welcomed anyone in the audience who wished to speak on anything not on the agenda. Brian Edwards, 629 NE 9th Ave, addressed the Board on behalf the Cultural Center. He stated they had a Board meeting yesterday, and they felt it was important to come before the CRA Board. He gave a brief report on the 1927 3 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA MAY 10, 2005 high school on behalf of the Board of Directors of the Boynton Cultural Center Inc. A copy of this statement is on file with the records of the meeting. Ms. Horenburger asked if the team was formed because there was a section in the statement that said the CRA Director agreed about a team. Mr. Hutchinson stated there was no building or agreement as yet. They looked at concepts that would put a team in charge of getting the project started, and their first step is to have the agreement with the City. He said their draft had been with the City for 5 weeks and they are awaiting a response. Ms. Horenburger asked who would be appointing the team. Mr. Hutchison was not ready to comment on that until they have a building because their entire focus was on getting an agreement with the City drafted. Chair Heavilin pointed out the consideration of the Old High School agreement is slated on the future agenda items for June, which would be a more appropriate time to discuss the team. Since no one else in the audience wished to speak, Chair Heavilin closed the public hearing. VI. Public Hearing Old Business None New Business The new business item, Code Review for the Building Colors along Major Roadways project (CDRV 05-009), was postponed until the next regular CRA meeting. VII. Pulled Consent Agenda Items H. Consideration of Payment of Ethics Fine for Charlie Fisher Ms. Horenburger stated the $300.00 fine charged to Mr. Fisher was originally a $1500.00 fine. Mr. Fisher claimed staff was responsible for the non-filing of the form, which was his responsibility, and the ethics committee reduced his fine stating that having been given erroneous advice by staff at the CRA merits a reduction in his penalty. Ms. Horenburger did not think the Board or the City 4 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA MAY 10, 2005 was responsible for the balance of the fee. Vice Chair Tillman agreed with Ms. Horenburger and pointed out that when an individual receives an order to disclose, it is their personal obligation and staff should not be involved. Mr. Fenton was also in agreement, and asked what the downside would be of them not paying the fine. Mr. Hutchinson stated he brought the issue to the Board because from an economics point of view, they would end up spending more than $300.00 on the matter when they calculate the time spent dealing with the matter, as well as the legal input. Attorney Spillias stated there was nothing that would preclude them from paying the fine, but on the other hand it was a policy decision of the Board. To the extent that the Commission on Ethics gave credence to Mr. Fisher's position, they reduced the fine by $1200.00. Attorney Spillias pointed out that the Ethics Board determined that at least $300.00 worth of the problem was Mr. Fisher's responsibility. He felt either decision the Board should make would be fully defensible. Chair Heavilin asked if the Board would be setting a precedent if they should approve. Attorney Spillias pointed out that each case is based on its own facts and he did not think they would be setting a precedent. Motion After consideration of paying the ethics fine for Charlie Fisher, Vice Chair Tillman moved that the Board does not approve paying the fine. Motion seconded by Mr. Fenton and carried unanimously. VIII. Old Business None IX. New Business A. Consideration of the Creation of an Events Coordinator Position and Pay Scale. Mr. Hutchinson stated that staff is recommending hiring an Events Coordinator to assist the Marketing Director with the logistics of planning and implementing CRA promotions, events and festivals. With regard to the pay scale, they had an amount which they felt was realistic for the skill sets they were looking for, and he would report back to the board if he felt they were not able to get competent 5 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA MAY 10, 2005 people within that pay scale. He thought they were in a good market range based on others at that level. Ms. Horenburger pointed out she would not like to have someone trained for the position and doing a great job, then leave for a bigger pay somewhere else. Motion Vice Chair Tillman moved to approve the Creation of an Events Coordinator Position. Motion seconded by Mr. Baretta and carried unanimously. B. Consideration of the June Board Meeting being moved to June 9th, 2005. Mr. Hutchinson stated he wanted everyone to realize that it was a different meeting date, as well as a different day. He pointed out the meeting would be the second Thursday of the month. Mr. Myott stated he had to attend a Palm Beach County Leadership Graduation that night, and may not be able to attend. He asked Mr. Hutchinson to find out if there would be any development plans slated for that meeting, because if they were he would like to attend. Motion Ms. Horenburger moved to approve the rescheduling of June's Board meeting from June 14, 2005 to June 9, 2005. Motion seconded by Mr. Baretta and carried unanimously. x. Commission Action Mr. Hutchinson felt the Board gave a positive vote on the carwash issue under the impression that in certain C Districts it would be an issue to come before the Board rather than automatic. Mr. Hutchinson stated when the ordinance was presented at the City level, not only was that taken out, but the M-l use was taken out as specific and put in as all M-1. This put their M-l into the Ordinance, which was not in it before. He said the reason he brought it up was because the Commission ended up taking a recommendation of something that the Board had passed on that had nothing to do with the Ordinance that was in front of the CRA Board. He pointed out he would try to work on the issue with the City and staff, because he did not think the Board would have approved to bring carwashes into their M-1. 6 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA MAY 10, 2005 Chair Heavilin stated she understood from speaking to some members of the Commission that the item was not presented to them the same way it was to the CRA Board. She felt if the Commission ratified something the CRA did, that they had to be the same. Ms. Horenburger pointed out it was done for one piece of property, which is adjacent to residential property, and she was sorry she supported that. Mr. Hutchinson stated he would work on the issue because the Board must consider the Ordinance. He pointed out that what they ended up with affected them, and the Board had no input on that particular Ordinance. XI. Director's Report Mr. Hutchinson reminded the Board the Arts Commission joint workshop with the City is scheduled for Tuesday, May 24, 2005 at 6:30 p.m. at the Library Program Room. Mr. Hutchinson pointed out that almost after a year and a half he had the signed South Florida Waterman District Permit for the Boynton Beach Boulevard Extension. Mr. Hutchinson stated they sent out their proposed series of workshops for summer, which may be adjusted. Mr. Hutchinson said the workshops would be held at their office on Thursday nights at 6:30 p.m. Mr. Fenton asked the time schedule on the trolley system. Mr. Hutchinson noted the signs were in the process of being manufactured for the trolley schedules, and the City is committed to installing the signs. Within three weeks the signs should be up. Chair Heavilin inquired who the appraiser was on the Mangrove purchase. Mr. Hutchison stated they were using two appraisers who were specialists. One of them would be for the Marina area and the other for the Mangroves. Chair Heavilin inquired about the status on the feasibility study regarding the Savage Creatures Team. Mr. Hutchinson stated they would bring it to the Board for approval of the draft in August. Ms. Horenburger asked when the decision was made on the Savage Creatures Team, because she had a disagreement about it. Mr. Hutchinson stated he made the presentation a year ago, and stated in paleontology, the fastest growing area in discovery is in sea creatures, and there is no museum in the United States that is dedicated to that. Ms. Horenburger felt it was an evolutionary theory and had disagreements with it. 7 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA MAY 10, 2005 Mr. Hutchinson stated she could re-visit the issue when it comes up in the feasibility Chair Heavilin needed clarification of the location of the Self Assembly. Mr. Hutchinson explained it was on the west side of Federal Highway between CVS and Goodyear. Chair Heavilin stated the website activity report consisted of lots of paper and did not think it was necessary to include them in the package. Mr. DeMarco expressed he was very ill at the last CRA Board meeting, and that was the reason he left early. He also pointed out that although he does not say much, his comments are hardly recorded in the minutes. Mr. Hutchinson noted that since meetings last for three to four hours, it is best when making a point to say "for the record", which would assure that it is put on the record. XII. Board Member Comments None XIII. Legal A. Consideration of Quasi-Judicial Procedures for Presentation Limitation. Attorney Spillias explained the Board had asked for a draft of the proposed policy that governs the quasi-judicial hearings with regard to putting some time limitations on the presentations. He pointed out that the reference of the City Attorney in paragraphs 2 and 5 of the draft were typographical errors, and should be the CRA Attorney. Attorney Spillias read the draft of the Boynton Beach Community Redevelopment Agency Quasi-Judicial procedures as follows: 1. Ex parte disclosures by CRA Board Members. 2. The CRA Attorney outlines the hearing procedure, including a statement that any member of the Board may, at any time during the presentation of testimony, question any witnesses. 3. Attorneys or other individuals acting in a representative capacity make their appearances. 4. Request for identification of any interveners. 8 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA MAY 10, 2005 5. The CRA Attorney or City Clerk swears in all witnesses. 6. City Staff members present a summary of the issues before the Board, testify as to their opinions and make recommendations for inclusion in "Conditions of Approval". (The CRA generally limits staff presentations to 15 minutes). 7. The Applicant presents its case, including acceptance or objection to proposed conditions of approval. (The CRA generally limits applicant presentations to 15 minutes). 8. Interveners present their cases, offer their facts and opinions, and cross- examine previous witnesses. (The CRA generally limits intervener's presentations to 15 minutes). 9. Members of the public offer their facts and/or opinions. (The CRA generally limits public presentations to 3 minutes). 10. Intervener rebuttal/final comments. (The CRA generally limits intervener rebuttal presentations to 3 minutes). 11. Applicant rebuttal/final comments. (The CRA generally limits applicant rebuttal presentations to 5 minutes). 12. Staff rebuttal/final comments. (The CRA generally limits staff rebuttal presentations to 5 minutes). 13. CRA questions and deliberation / decisions. Attorney Spillias suggested the Board inform individuals they would hold them to the timelines, unless the Board determines there is good reason to allow more time. Mr. Tillman asked if the intervener would be separate from the applicant, and questioned how they would define who was an intervener. Attorney Spillias stated the intervener usually opposes the applicant. He said they could ask if anyone who wished to assume that status, or if someone steps forward and asked to be an intervener. The person would have to present why they should be an intervener, and the Board would make a decision. Attorney Spillias expressed the procedures would be a policy of the Board, and would not need to be in the bylaws. The time frames would be announced at 9 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA MAY 10, 2005 the beginning of the quasi-judicial hearing. For additional notice, they could attachment the procedures to the agenda; and there is no legal requirement to do that. Mr. Fenton felt the public discussion they were having at that point would be enough to make the public aware of their procedures because it would be in the minutes. Mr. Spillias said legally that was correct. Mr. Baretta thought in the interest of not surprising applicants who had a 45 minute presentation that they only had 15 minutes, it might be wise to attach a copy of the procedures to the agenda. Ms. Horenburger pointed out that they have three and sometimes four applications on an agenda, and felt with the timeline procedures, a meeting would last a very long time. She questioned if they could legally adopt a first come first serve method, and limit the amount of applications at a meeting. Mr. Hutchinson said no. Chair Heavilin pointed out they only had one intervener in five years and that was not a usual thing to happen. She suggested that since the Board would already know the background information, that Staff only present what is legally required. Vice Chair Tillman suggested that when staff made their presentation, the Chair of the Board would ask the applicant if they were in agreement, or had any questions. If the applicant was in agreement, then there would be no need for a presentation from the applicant. Ms. Horenburger was concerned how the time would be allocated if the Board interrupted an applicant to ask questions. Attorney Spillias pointed out it would be at the discretion of the Chairperson, to decide whether the questions have taken up a significant portion of the applicant's time. Mr. Fenton asked if it was necessary for City staff to read the information, which the Board already had in front of them. Attorney Spillias reminded the Board that even though they already have the information, the general public does not, and it was necessary in order for the public to follow along with the proceedings. However, it was not necessary to read all of it. He suggested that staff could summarize it, as long as the main points of staff's findings and recommendations are spoken so the public has an idea of staff's recommendation. 10 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA MAY 10, 2005 Chair Heavilin stated they addressed that issue previously, and said they should re-emphasize that with staff. Mr. Hutchinson suggested that staff read the summary of the recommendations and the conclusions. Chair Heavilin asked if the Board should respond to public hearing comments. Attorney Spillias stated they could respond or ask questions. Motion Mr. Fenton moved to formally adopt the quasi-judicial procedures outlined 1-13, by the CRA Board Attorney, Ken Spillias, with the noted grammatical corrections. Motion seconded by Mr. Baretta and carried unanimously. XIV. Other Items Attorney Spillias noted he was going to be out of the country from Friday, May 13, 2005 until Monday, May 31, 2005. He pointed out if the Board had any issues or questions they need resolved to contact Amy Dukes. There being no further business, the meeting properly adjourned at 7:35 p.m. Respectfully submitted, c~~c~ . Catherine Wharton Recording Secretary (May 17, 2005) 11