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Minutes 09-15-05 MINUTES OF THE REGULAR MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY, HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, SEPTEMBER 15,2005 at 6:30 P.M. Present: Jeanne Heavilin, Chairperson Henderson Tillman, Vice Chair James Barretta Alexander DeMarco Marie Horenburger Don Fenton Steve Myott Doug Hutchinson, CRA Director Ken Spillias, Board Attorney I. Call to Order Chair Heavilin called the meeting to order at 6:33 p.m. II. Roll Call The Recording Secretary called the roll and declared that a quorum was present. III. Agenda Approval A. Additions, Deletions. Corrections to the Agenda Chair Heavilin declared the board had been asked to consider Agenda Item XIV, Future Project Review, items 1 through 5 following the Consent Agenda. B. Adoption of Aqenda Motion Vice Chair Tillman moved to approve the Agenda as amended. Mr. DeMarco seconded the motion that passed 5-2, Messrs. Barretta and Fenton dissenting. At the Chair's direction, the Recording Secretary called the roll and confirmed this vote. IV. Consent Agenda A. Approval of Minutes, August 18, 2005 B. Approval of the August 31, 2005 Financial Report C. Fal;ade Grant Reimbursement - Sea Mist Marina D. Fal;ade Grant Reimbursement - Boynton Beach Women's Circle E. Fal;ade Grant Reimbursement - First Baptist Church F. Assembly and Redevelopment Incentive Grant Reimbursement - Boynton Beach Boulevard Self-Assembly Group G. Project Presentation Guidelines H. Consideration of CRA Staff Credit Cards * (Horenburger) I. Consideration of the Office Lease Renewal for Suite 103* (Horenburger) J. Consideration of CRA Staff Retirement Administration Transfer from Lord Abbott to the International City Managers Administration Retirement Corporation and Addition of the 401A Plan* (Chair Heavilin) K. Consideration of the Katz Property Purchase* (Fenton) *These items were pulled for discussion. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 15, 2005 Representatives of the Sea Mist Marina, the Boynton Beach Woman's Club, and the First Baptist Church were photographed with the CRA Chair and Vice Chair and thanked for their contributions towards the improvement of the City. These organizations received Fal;ade Grant Reimbursement checks from the CRA. Motion Vice Chair Tillman moved to approve the Consent Agenda as amended. Mr. DeMarco seconded the motion that passed 7-0. Mr. Barretta asked for reconsideration of the agenda reordering motion to move the Horizon Grand Condo/Resort and Riviera projects back to the original order, since the architect would not be present for one hour. Motion Vice Chair Tillman moved to reorder the agenda as requested by Mr. Barretta. Mr. Myott seconded the motion that passed 7-0. XlV. Future Project Review (heard out of order by agreement) Chair Heavilin announced that various presentations were being given by developers for projects that were in the planning stages. This provides an opportunity for the public and the board to ask questions and make comments. It also helps the developers determine if their proposals are on the right track. Chair Heavilin announced a ten-minute limitation on developer presentations, after which the board would have five minutes for questions and comments. The public would be given an opportunity to speak during the Public Audience part of the meeting following the presentations. The limitations were deemed necessary since there were five presentations and a regular meeting agenda to be covered in a relatively short period of time. 1. In Town Development Group (ITDG) - Mr. Michael Weiner Michael Weiner appeared representing In Town Development Group. Mr. Weiner introduced Mitchell Robbins of the Sawyer Realty Holdings LLC real estate concern that owns and manages 24,000 units up and down the east coast. Mr. Robbins presented a proposal for a 30-acre segment of the area surrounding Martin Luther King, Jr. Boulevard (MLK) known as "The Heart of Boynton." He spoke of their vision of providing a more enjoyable place to live and hoped they had fashioned a project, "Seacrest Village Development," that would serve the ideas, hopes, and visions of the area residents. Mr. Robbins introduced the architect, Paul Rookwood, of WRT based in Philadelphia. WRT has 50 years of experience in designing urban centers. Paul Rookwood, project architect, spoke of their experience in helping communities experience regeneration. A PowerPoint presentation was displayed. Mr. Rockwood stated the project is organized around a significant amount of open space with a water feature along MLK and a new town square and a block pattern with sizes ranging from 1.25 to 2.50 acres allowing a pedestrian-friendly community. On the east side of the project, they propose a regional supermarket like Publix to serve the project and the surrounding City. There were such features as regional restaurants and cafes and local retail along Seacrest Boulevard and in other places in the project: a drug store, a barber shop, and so forth. There was also a commitment for a community center on MLK with a variety of meeting rooms and a fitness center and a new church located on the north side of MLK to serve as a spiritual anchor for the community. A visual "fly-by" was conducted via the PowerPoint presentation to orient the viewers to the project. 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 15, 2005 They felt that a project of this size was necessary to have enough people to support the type of regeneration the City would want to see in the area. Mr. Rookwood introduced his partner, Margy Ruddnick, the landscape architect for the project, who said it was gratifying to cooperate with a City so focused on landscaping and civic spaces. Most developers allocate about one quarter of their land to open space and In Town had allocated a third of the land to open space. There was a major water feature, a civic town square, green roofs with trellises and shade structures, vest pocket parks, and important community buildings like the church, and a system of great walking streets. In the proposed project, MLK would be transformed into a 120-foot wide park with streets on each side and a lush, green water feature running through it. In the streetscape, attention to landscaping creates an atmosphere of privacy that would buffer the existing buildings from the new ones and create buffers within the new neighborhood. The town square is seen as a place for people to stroll, have jazz on the green, a farmer's market, and other community events and festivals that really make a great urban environment. Mr. Rookwood stated they work on neighorhood regeneration projects like this throughout the country. Mr. Rookwood asked Mr. Weiner to sum up. Chair Heavilin declared the allotted time was up for the developer's presentation. She requested the board members to be as concise as possible in the five minutes allotted them. Board Discussion Mr. Fenton asked about the proposed density in relation to the City's current zoning codes. Mr. Weiner responded the proposed project would require a future land use map change and rezoning and they were probably talking about 45 to 60 units/acre. The area currently had a density of 20 units/acre as an IPUD. If they did not use 33% of the area for open space, the density would be reduced by one third, bringing the density down to 30 units/acre. Chair Heavilin asked the height at the east and west ends of the proposed project. Mr. Weiner responded at the east end it would be approximately ten stories high and approximately three or four stories high at the west end. It would be at least one hundred feet high on the east side. Mr. DeMarco had heard a presentation on this project previously and had asked the developer to show him examples of what they had built elsewhere. He had not received this information to date. Mr. Weiner said in the interests of time, a short answer was not possible. Given five minutes, they would be happy to present what Mitchell Robbins had done in the past in various other major cities. A representative of the developer suggested Mr. DeMarco get his question answered by viewing the Web site, srhllc.com, Vice Chair Tillman asserted that he had visited with the applicants on two occasions. In his opinion, the proposed project would destroy the homogenous community that exists in the area today. The height of the two buildings on the corner of MLK and Railroad Avenue would create walls and those walls would "inundate the community." If a person were going down MLK towards the east, there would be a "canyon" effect. Vice Chair Tillman believed if the people could see what was proposed on the ground, they would see that this project would take away their community. They had not presented the full effect to the people. The time allotted the board was up. Some board members had not been able to speak or comment. Chair Heavilin directed the remaining board members to contact the developer at another time. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 15, 2005 Mr. Barretta felt the time limits for discussion should be extended since very little could be done in the time limits that were set. Motion Mr. Barretta moved to extend the time for the developers by ten minutes and for the board by 15 minutes. Ms. Horenburger seconded the motion. Chair Heavilin suggested a workshop for the presentations. Mr. Barretta felt it was too important to be concerned about the extra time. At the Chair's direction, the Recording Secretary polled the vote on the motion and it passed 4-3, Mr. Demarco, Vice Chair Tillman, and Mr. Fenton dissenting. Michael Weiner resumed his comments, referring to the Heart of Boynton plan generated in 2001 when the average price for a single-family home in Palm Beach County was $160K. Today, the median single-family house is about $430K. While the Heart of Boynton plan was written with great intentions and carried out by people who did the best they could, it was supposed to take place in two years, November of 2003, a date that was well past. Now, extraordinary action had to be taken for extraordinary times based on extraordinary facts. They were proud of reaching for 100 feet along railroad tracks and 45 to 60 units of density. That would not destroy, but create. Public transportation cannot exist where density is all spread out. There must be enough people gathered in the area to support the commercial component so there are no dark windows and people walking on the streets after dark, under street lights. When there are only a few people in an area, people feel lonely and scared on the streets. This team understands that. He asked for the new plan to be heard with open ears. He asked that people listen to planners who had been successful in other places. The neighborhood was there at the meeting to support this development, to say they wanted a new path. Mr. Robbins introduced Pastor Reed, a local religious leader. Pastor Reed introduced the members of the audience wearing t-shirts from the St. Paul AME Church and members of the community. He reminded the CRA of its mandated mission to eliminate slums and blighted conditions, promote crime reduction, and provide affordable housing within the City's CRA area through encouragement of diverse redevelopment activities. Pastor Reed referred to the trash and crime on MLK, saying that the people did not have to accept living in a crime and drug infested area. He referred to Vice Chair Tillman's comment about "the wall," saying that an even bigger wall in the community was the extreme amount of illicit activity taking place in the area. Pastor Reed was present with the community members and members of St. Paul AME Church to support their development team of choice for their community. The developer came to the community, sat down with members of the community, and vowed to help the community. The community was venturing out on a limb, but they were doing so because they believed this development could come to pass. He believed also that every member of the CRA cared about his community. He wanted to see the Heart of Boynton put back on the City's priority list. They did not want to be second in line behind the Promenade or third behind the Marina Village. Sam Berry, local attorney and resident of Boynton Beach and property owner in the Heart of Boynton, had gotten approval to construct an office on MLK Boulevard, but had not proceeded with his plans to build due to his serious concerns over crime and a lack of police protection. He had met with the developers from In Town and did not find anything objectionable to their overall approach to developing this area. He was not there to criticize the City or the CRA, but his concern and that of others who work and live there was that any development plan approved 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 15, 2005 should take into consideration the beliefs and the feelings of the residents of that community and "not run roughshod over their feelings because you smell a dollar." Board Discussion Mr. Fenton asked Mr. Berry whether he was aware that the CRA had paid additional funds to have four additional Police Officers in the CRA area, two of which were dedicated to the MLK Boulevard area. Mr. Berry was aware, as a criminal defense attorney, that he had clients in that area. Every week he went over to clean up the streets. He had not personally seen an increase in the Police protection in that area in over three years. Mr. Myott asked the developer to outline the process and timeline necessary to assemble and rezone the 30 acres. Mr. Weiner said it depended a great deal on the private/public partnership they hoped to build with the CRA and the City. It was possible, with a future land use change, a rezoning, and the beginning of site plans, that work could be seen before the end of 2006 on the ground. With 30 acres, there would be some phasing of the construction. The build out might take two to three years. If the CRA wanted it done faster, more phases could be done simultaneously. Mr. Myott also asked about the number of residential units and the square foot devoted to commercial in the proposed project. Mr. Rookwood projected about 1,000 residential units and 150K square feet of retail. Mr. Myott asked Mr. Weiner for his opinion about the timetable. Mr. Weiner responded it would take one year to get to the site plan phase with complete build out in three years thereafter. Mr. Barretta asked if the developer believed a market would exist in three to four years for 1,000 units. Mr. Weiner pointed out the market that had already been created downtown. The Heart of Boynton community was trying to say that they wanted the City to bring this kind of development to their neighborhood. He believed there would be sufficient profit and sufficient demand for this project. Mr. Barretta asked how much of the property the developer already owned or had under contract. Mr. Weiner responded, about 40%. Samantha Simons, President of In Town Development Group, said over the past four months they had engaged with the community. The first residence purchased belonged to Pam and Harvey Patterson and Ms. Patterson is now actually on the rrDG team. She goes to the community every day. She said they had workforce housing and a mixed income of demographics for which to provide. The community had waited 25 years for this to happen and it was ready to move back into the neighborhood and that was why they were present tonight. Ms. Horenburger talked about an earlier meeting where Commissioner Ferguson had spoken about the "wedding cake design" along Federal Highway and how it was stepped down too dramatically, favoring intermediate heights of 75 to 90 feet as step downs. This was when they were discussing the Gulfstream Lumber property on Federal Highway. She asked if this had been acted upon. She wondered why they assumed that the Heart of Boynton people had to live in traditional houses. There were people, like herself, who were ready to move into a different kind of dwelling - something a little more interesting. It seemed to her there was a certain amount of entrenched opposition to any non-traditional type of dwelling. Vice Chair Tillman responded to points he felt were directed to him. He had grown up in the Cherry Hill area and was very familiar with it. When he called it a homogenous community, he 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 15, 2005 knew what he was talking about. He was not just creating smoke and mirrors. If a neighborhood is going to be redeveloped, the neighborhood has to be considered. If the residents wanted to maintain what they had, they did not have to give it away. Just because they wanted to get something, it did not mean they had to go for "pie in the sky by and by." He said this was not going to just happen. Things could not be changed overnight. If the buildings were put up with this project, a wall effect would be created and the homogenous community that now existed with nice single-family homes would be eliminated. He felt he had been put on the board for this very reason, -- to alert the community. If they wanted a project, they should look for the right project. This project could be tweaked and even fixed, but as it stands, from his point of view, it was not the right project. He stood by that 100%. Mr. DeMarco pointed out he was the first person appointed to the CRA board. He wanted everyone to know that his number one project had always been the Heart of Boynton. He reiterated his request for pictures or some evidence of the developer's former projects. He was going to do the best he could to get what the community wanted. Chair Heavilin thanked Mr. Weiner and rrDG for making the presentation. 2. HOB Self-Assembly Group - Mr. Frank Chirkinian Frank Chirkinian, realtor specializing in land assembly, gave a PowerPoint presentation str~ssing the benefits of density. The presentation is a part of the record and available in the City Clerk's office. Higher densities allow lower retail prices on housing units. Density was the key to making affordable housing work. At a density of 30 units/acre, a retail product of $225K per unit could be offered. In today's market, that was affordable. Wanting to wait for the right developer had to be tempered with taking advantage of the current building cycle. The City was three years into its Plan for the Heart of Boynton and still, nothing was done. This building cycle was missed. It would be missed entirely if this density change did not get into the Comprehensive Plan in October. Mr. Hutchinson asked for and received confirmation that Mr. Chirkinian had 3.9 acres of land under contract in this area. Mr. Myott wondered where the City stood in terms of making this density happen and writing it into the Codes. Chair Heavilin remarked that at the September 22 workshop, they would be looking at land development regulations and density would be discussed. Mr. Hutchinson said this was part of the new Vision 20/30 plan. He also commented that staff would be helped by a unified voice from the community. At the last CRA workshop, the community showed up and said they did not want density. The large group of people at the meeting tonight, however, seemed to want density. Mr. Chirkinian thought the notion of single-family homes was nice, even romantic, but cities grow and density is needed to accommodate people's needs. Ms. Horenburger concurred, saying that not everyone wants to live in a single-family home, except families with children. Mr. Chirkinian mentioned the much smaller footprint in Boynton Beach compared to Delray Beach. In Delray Beach, it is two miles from 1-95 to the beach but in Boynton Beach, the distance is much shorter. He respected the wedding cake theory, but the footprint available to work with was relatively tiny in Boynton Beach. Chair Heavilin did not think anyone would disagree with the need for density in regard to affordable housing. The question was how far the CRA would have to go and what would make the community comfortable. V. Public Audience Chair Heavilin opened the floor for the public to speak. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 15, 2005 Herb Suss, Quail Run, Boynton Beach, believed that with the development going on along Congress and this project, the City would be creating a monster in terms of parking and traffic. In reference to the In Town proposal, he felt it could be creating a future slum. Kevin Ballard, 555 N.W. 13th Avenue, property owner on MLK and member of a group called Master Contactors, is involved with a lot of the new construction going on in the neighborhood. He had seen house prices increase from $125K to$200K in less than six months. If a developer purchased your home for $175K and offered you one in the same area to buy for $250K, how could you afford it? He thought the median income in the area was probably $15K. He understood the need for density, but hoped that of the 1,000 units, at least 100 could be kept as affordable for the lifetime of the development. Barbara Rudd, ITDG, 826 Estuary Way, Delray Beach, got up to speak, but Chair Heavilin reminded her that the time for the developer's presentation had ended. Carolyn Young, 15112 Tall Oak Avenue, Delray Beach, owns property on MLK and had been working with Mr. Hutchinson. She was not necessarily opposed to the In Town project. She was, however, opposed to any assumption on their part that they were going to take her land and make it a part of their project when she had plans of her own. She wanted to do some additional self-assembly, which could provide a representative project the City was looking for in the Heart of Boynton area. She was working with the CRA to come up with a project with multi- use retail, some workforce housing, some additional housing units, and perhaps professional office space. Increases in density would be necessary in order for her to make it as a first-time developer. She was hoping she was going to be given an opportunity, as a minority developer, to develop her parcel of land. Harvey Oyer, 512 N. Seacrest Boulevard, stated his family had owned property in the Heart of Boynton for 80 years. He was opposed to the In Town project and suggested the board keep in mind the need for single-family housing. If the CRA would spend its money assisting builders to put in single family homes by extending and putting in roads, water, and sewer and bringing it to them, there could be some single family homes. He had known many people in the Heart of Boynton for 50 years. He said their income level had gone up, their education level had gone up, and "they should be entitled to have the opportunity of buying a single family home that meets current needs, not to ram down their throat the slums of New York by seeing how many high rises you can put up." He felt there was a need for commercial development on MLK Boulevard. He took issue with the study showing that commercial development could not be supported in that area. He felt the study group had used the wrong figures and that the area could support good commercial and office uses, especially with a good single-family home base. Blanche Girtman, 912 N.W. 3rd Street, a tax-paying resident of Boynton Beach since 1947, had not seen any change come into Boynton that sounded anything like what they saw and heard from the In Town group at this meeting. Any time her community had tried to get something, it had been put on the "back burner." Ms. Girtman outlined her work history and experiences in the community. She mentioned her work on all the boards in the City and her current position on the Community Relations Board. She had given a lifetime of service to Boynton Beach. "Is money everything?" she said. She did not have a lot of money. She had lived here all her life and could not live anywhere else. She asked why they could not get something on MLK Boulevard. "We are human beings over there, she said." Brian Russo, multiple property owner on N.E. 5th Avenue, an investor, developer, and member of the community, noticed the conflicting opinions from the community at this and other meetings and workshops. He hoped a decision on density would come soon since as an investor and developer, he was in "idle" mode. He asked whether the September 22 workshop would 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida 5eptember 15, 2005 come up with a definite answer on density. Chair Heavilin stated the workshop was on September 22 at the CRA conference room, Suite 107. Although density would be discussed, nothing could be approved. If they came to an agreement and it had to be tweaked, it would go back to the CRA and to the City Commission. Jerome Powell, 10078 Boynton Place Circle, said it was apparent that everyone wanted to see change. He wanted the board to fully understand that because a particular church decided to go with a particular developer, there were 15 plus churches in that area and the group that appeared on behalf of the developer earlier did not represent the entire Heart of Boynton. Anita Jenkins, Sr. Program Director, Local Initiative Support Corporation, 1555 Palm Beach Lakes Boulevard, Suite 1500, West Palm Beach, said she did not live in Boynton Beach but worked here and supported community activities. She also supported the work done by the community in coming up with the original Heart of Boynton plan. She was very concerned that the CRA was listening to proposals without some kind of objective process like a Request for Proposal process to select a developer or developers for implementation of the Heart of Boynton plan. She urged the City and CRA not to abandon the Heart of Boynton plan. The community went through an extensive master planning process for a particular reason - so there would be a blueprint of what they wanted. The City was very careful to make certain it listened to the community. Adhering to the Heart of Boynton plan requires a process that would include a Request for Qualifications. She never heard what the developers had done elsewhere. They never pointed to a particular project. She never saw a market feasibility study that would determine what price point those units would be. They talk about workforce housing. She had been working in redevelopment for more than twenty-five years and while she did not know the particulars of this project, she had never seen a project of such density and immensity "plopped" down in the middle of a community like that. They were asking for a nightmare. "A RFQ process would make sure the best comes to you and this community deserves the best, she said." Goren Sims, 3021 S. 5eacrest Boulevard, had lived in Boynton Beach all his life. Mr. Sims asked that owners be allowed to continue with ownership. He did not want to see owners forced to have to rent and lease. He respected In Town because if nothing else, they had embarked on a grass roots effort and set a standard for other developers to make sure they have the best interests of the people at heart, especially the ones who are interested in selling their property and want to reinvest in this new project. He was a part of the Vision 20/20 effort and the City was at much the same point. He wanted to see change. He goes to MLK now and supports the legitimate businesses on it. It is his community and he wants to support it. He asked that this not be taken away. He said the eRA would have to make a decision that would affect the lives of hundreds of people. Their perception was that their land was being taken. The dialogue needs to continue, to make sure they get it right. He wanted to see a new MLK that encompasses the positives. He was sick of drugs, alcohol, and wanted his child to be able to walk down MLK and enjoy it. Chris Plumber, representing R.M. Lee Community Development Corporation, 900 5eacrest Boulevard, stated he did not have enough information to address the merits of the In Town project but in considering any project, process had to be looked at, to avoid the impression of dealing under the table and collusion. He stated,''This project sends a message that the City and the CRA should stop competing with private developers, ignoring the Florida Statutes and its own Charter, and doing a sweetheart deal." Most businesses seek three bids to insure the best company is found with the best qualifications and experience at the best price. This project sends a message that says the CRA and the City should forget seeking competitive proposals from qualified developers. Any kind of redevelopment project needs to take into account that current residents should be able to purchase, invest, live, work and play in their community and not be pushed out. He had heard a lot of promises but no clear evidence that the promises would come to fruition. He heard a message that says the City and CRA should bow to the wishes, however 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 15,2005 well intentioned, of one church congregation that has bought into these promises that are unrealistic and to throw out the Heart of Boynton plan that was forged through various community meetings and community input. Mr. Plumber indicated one group does not represent the community and other groups would adamantly oppose any effort to circumvent a process for small business and minority participation. He felt any kind of redevelopment needs to include a component related to creation of jobs, business opportunities, and participation. By participation, he meant ownership, not renting; that is how wealth is built in a community. He heard a lot of claims that were unverifiable and his experience as a project consultant over several years told him, no. The developer should have many photographs to present if their claims are true. Doris Jones, property owner at 205-207 N.E. 9th Avenue, said she was a native of Boynton Beach and knew Mr. Tillman. She understood his views. With the developers coming in, she did not want them to take her property, pushing her to the side and think she would let it happen. It was not going to happen that way. With the price of real estate skyrocketing in Palm Beach County, the developers have to realize they have to offer the residents fair prices and they were not willing to do that. She had spoken to In Town and she was not willing to swap or make a trade. She would not be fooled out of her property. She stressed they work hard for what they have and they should be compensated for it. David Zimet, Boynton Beach Faith-Based CDC, 2191 N. Seacrest Boulevard, heard a lot of nice things at this meeting. He agreed with Rev. Reed that the Heart of Boynton needs to be on the priority list and with what Mr. Sims and Ms. Girtman said also. They need to get rid of crime and illicit activities in the neighborhood. Does such a plan guarantee that will happen? He felt it might cause a whole lot of people to move out and allow a lot of other people to move in so there would be a different community there. In Town promised so much. He wanted to know what its price points were for affordable housing. He heard 30 unitsjacre was a decent number to work with but he did not understand 45-60jacre. That did not fit in with anything he had ever heard about the Heart of Boynton. Just as the community had to be closely involved with coming up with the plan, it had to be involved in any changes to that plan. Willie Akins, 726 N.E. 1st Street, a Boynton Beach native and member of St. Paul AME Church, spoke of various kinds of walls. The biggest walls he saw on MLK right now were vacant lots and crime. These were walls too. He spoke of giving the people the opportunity for ownership. Nothing had been done in the last twenty years. The people were tired of waiting for their turn and wanted to see a change so their children and grandchildren could afford to come back into the City and bring it revenue by ownership of stores and businesses. These things would not come to pass as long as they were squabbling about who does what in the way of development. In Town said they were going to do something. He asked the CRA to consider this carefully. Many of the residents would not be able to wait another ten to fifteen years. Quintus Greene, Development Director, said that he spoke as one who was very much involved in the meetings that led to the creation of the Heart of Boynton Plan. There was a lot of community input for it and it was the Plan adopted by the City Commission. It did, in fact, represent the will and vision of the residents in the Heart of Boynton. However, what the CRA had heard at this meeting was frustration, especially from the representatives of St. Paul EME Church. They were frustrated because they did not see anything happening. The hurricane tore the roof off the Boynton Terrace Apartments a year ago. The City's Building Official declared the building unsafe in January of 2005 and by June of 2005, every resident had been relocated and the buildings were demolished. Mr. Greene stressed that in spite of the Heart of Boynton Plan, there are still buildings on the corner of Seacrest and MLK Boulevard and there is still an "outdoor pharmacy" going on in that area. It took nine months to tear down Boynton Terrace. He asked why those buildings were still there. That is the frustration the board was hearing at this meeting. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 15, 2005 Mr. Greene spoke of the In Town proposal and the possibility of 45 to 60 du/acre and what that actually meant. He said the In Town project would be three times as big as The Harbors on the corner of Gateway Boulevard and Federal Highway. People need to understand that. Pamela Harvey-Patterson, owner of property at 231 N.E. 9th Avenue in the Heart of Boynton Beach, related having to move out of the Heart of Boynton neighborhood in 1987 because of crime in the area. They were sad to have to do that because the area is dear to them. She had not seen a difference in the area since 1987. Then, she met In Town developers who approached her and shared their vision for the area. She saw what they wanted to do for the area and embraced it because she wanted to see a change. She was so touched by what they wanted to do in the Heart of Boynton that she decided to work with them to make it happen. Ms. Harvey-Patterson said In Town had given more than the appraised value for the properties they purchased. They were not making swaps or trying to under price people. She said the residents of the Heart of Boynton wanted to have something nice like the City had done in the southern part of the City. Kathy Mayline, reporter for the West Side Gazette, expressed her belief that the people had no idea what their land was worth. She said it was worth millions, not tens of thousands, and that is what they want to buy it for. Chair Heavilin closed the Public Audience. The board recessed at 8:31 and the meeting resumed at 8:43 p.m. VI. Public Hearing Old Business - None New Business A. Master Plan Modification 1. Project: Agent: Owner: Location: Gulfstream Gardens (MPMD 05-01) Bradley Miller, AICP with Miller Land Planning Consultants, Inc. Multiple owners West side of Federal Highway, approximately 1/4 mile north of Gulfstream Boulevard Request for Master Plan modification to reorient the townhouse buildings, and modify and relocate parking areas, drive aisles, and recreation areas within the 9. 99-acre Gulfstream Gardens Master Plan Description: New Site Plan 2. Project: Agent: Gulfstream Gardens (NWSP 04-016) Bradley Miller, AICP with Miller Land Planning Consultants, Inc. Multiple owners Request for new site plan approval to construct 198 dwelling units and related site improvements on a 9.99-acre parcel in the Owner: Description: 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 15, 2005 Planning Unit Development (PUD) zoning district. Attorney Spillias inquired whether any of the board members wished to reveal any ex parte communications with the developer, and there were no such declarations. Attorney Spillias explained the procedures for quasi-judicial hearings and swore in the people who planned to speak. Eric Johnson, Planner, presented on behalf of staff, saying staff reviewed the master plan modification request and the new site plan request and recommended approval of both items. It was staff's opinion that this request for Master Plan Modification would be consistent with City regulations and the intent of the Comprehensive Plan and represent a non-substantial change to the approved Master Plan. The configuration and reorientation of the buildings, parking areas, and drive aisles are more clearly and coherently placed on the proposed Master Plan than on the original Master Plan. Staff's approval was subject to 39 Conditions of Approval, after the elimination of condition #3, with which the applicant had complied. Ms. Horenburger mentioned that the warehouse behind the project had open storage and she suggested Code Enforcement pay it a visit. Bradley Miller, Miller Land Planning Consultants, 420 W. Boynton Beach Boulevard, showed a PowerPoint presentation of the proposed project. He commented that all the residents of the former mobile home park had been relocated. After resolving a lawsuit for one of the other property owners, they now had full control and ownership of the property and wished to get started. They proposed 198 townhouse units, one unit shy of the 20-du/acre category. They propose 17 feet of setback and buffering around the perimeter along Federal Highway. On the other three properties there were 10-foot setbacks and buffers around the perimeter. They had worked with the owners of Public Storage to the south and had a verbal agreement and a drafted easement agreement. This would allow for additional landscaping and buffering between the two projects. On the west side, Old Dixie Highway had a very wide right-of-way, and the proposal is to landscape it. The right-of-way is under the jurisdiction of the City of Boynton Beach. The presentation showed other projects the developer had erected in Coral Springs. They agreed with all conditions of approval with the exception of #3 with which they had complied. Mr. Johnson confirmed this. In response to Ms. Horenburger's question about the property to the north, Mr. Miller stated that his clients were pursuing the purchase of other properties to the north. They were being assembled and other applications for projects will be presented to the City in the near future. This would be a second phase to the subject project. Part of the plan provides connection areas to the northwest and northeast that would allow them to tie into it when the properties are secured. Mr. Fenton noted there was some question about annexation for this property. Mr. Miller responded part of the property was in the City and part was not, so they would have to go through a similar process where they would have to annex the part that was not in the City. Chair Heavilin offered an opportunity for the CRA staff planner to comment on the project. Vivian Brooks, CRA Planning Director, said the project was consistent with the Federal Highway Corridor Plan and would clean up an area badly in need of regeneration. CRA staff recommended approval. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 15, 2005 Mr. Miller confirmed that there were some carports, a feature he thought would be welcomed in the hot Florida sun. There would also be guest parking. Mr. Barretta amended his indication that he did not have any ex parte communications regarding this project. He did not recognize it initially. Chair Heavlin noted this for the record. Mr. Myott wanted to see drawings related to the entry to the project - the wall details, gate details, signage, and so forth, as the project is seen from Federal Highway. When told that they only had a plan view and not elevations, Mr. Myott stated they should have presented this in connection with their site plan request. He commented that the project looked good, but did not compare to other projects with more flair and excitement. Mr. Johnson thought the drawings were included in the packet and suggested the board members look at drawing #H-6, which seemed satisfactory. Alex Lamb, Landscape Architect, 269 Giraldi, Coral Gables, Florida, said he had done a number of projects in Boynton Beach, and was presently doing the Marina Village project. He had also been involved in CityPlace and some other notable projects. The main entrance was the doorway to their project and they would be investing a considerable sum for landscaping to create some curb appeal, running the length of Federal Highway from north to south. This was a result of working with Kevin Hallahan and staff to develop a streetscape that would complement the buildings. They were putting in Medjool Date Palms, Royal Palms, Italian Cypress, and flowering trees. There would also be some concrete planters, stuccoed and detailed decorative walls and fencing. They were going to introduce a double-sided entry sign on the median on the entrance road, tumbled concrete pavers in the roof tile color, landscaping and signage lighting to complement the project. His client has also committed to putting the overhead power lines underground for aesthetic purposes, under their own initiative. Chair Heavilin confirmed with Mr. Miller that everyone had been relocated from the mobile home park. He added the entire site was now cleared. She also confirmed with Mr. Miller the price point for the units (starting at $300K) and asked if there would be any affordable units, which there were not. Chair Heavilin opened the floor for the audience to speak on either the Master Plan Modification or the New Site Plan. She closed it when no one wished to speak. Motion Ms. Horenburger moved to approve the request for Master Plan Modification to the Gulfstream Gardens PUD to reorient the buildings, parking areas, and drive aisles within the 9.99-acre parcel. Mr. Fenton seconded the motion that passed 7-0. Motion Ms. Horenburger moved to approve the request for site plan approval to construct 198 dwelling units on a 9.99-acre parcel in the PUD zoning district, incorporating all staff conditions with the exception of #3 on page 8977 of the agenda. Vice Chair Tillman seconded the motion. Since there was some question about whether the public audience had been opened for the site plan specifically, Chair Heavilin opened the floor to speak on this subject. The floor was closed when no one wished to speak. Mr. Barretta favored conditioning approval on granting of the easement between this project and the warehouse, but it was noted there was already a condition to that effect. If the developer was unable to obtain the easement, contingency plans were in place. The motion passed 7-0. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 15, 2005 B. Site Plan Time Extension Location: Promenade (SPTE OS-003) Paul D' Arelli, Greenburg Traurig Boynton Beach Waterways Investment Associates, LLC Northeast corner of Federal Highway and Boynton Beach Boulevard Request for a one-year time extension for a new site plan approval granted on July 20, 2004, from July 20, 2005 to July 20,2006 1. Project: Agent: Owner: Description: Michael Rumpf, Planning & Zoning Director, stated the magnitude of the project and the various aspects required to pull it together merited a one year extension, as requested by the applicant. Staff reviewed this in relation to their extension requirements: concurrency, good-faith efforts, and any changes in the LDRs that would warrant re-starting the approval and review process. It passed these tests and staff supports the extension. They had several conversations with the developer over the past few months in connection with accommodating the hotel units. Ms. Horenburger thought it would be prudent to revisit the City's one-year approval on site plans, favoring 18 months to 2 years instead. Jeff Krinsky, Boynton Beach Waterway Investment Associates, 1155 S. Miami Avenue, Miami, offered to answer questions. Mr. Myott asked if anything had changed since the last time he had appeared before the board, and Mr. Krinsky detailed the extra time it had taken to render the site free of environmental hazards and issues with the thirteen tenants and their leases. The negotiations for the latter took much longer than they expected. Mr. Myott inquired when they expected to complete the project. Mr. Krinsky responded they hoped to start the permitting process in the next 60 days and be in construction by early 2006. It will take at least 24 months to build the entire project. It is going up in one phase, but there are two lS-story towers with a garage in the middle. Once that is done, and they can move the staging area, the retail in the front that connects to the residential buildings can go up. They had asked many contractors if it could be done more quickly, and although they might indicate they can do it, they had not committed to do so in writing. Mr. Myott asked if it would be fair to say it was a five-year process to build this from start to finish. He wanted to get a benchmark against which to measure the projects that came before the board. Mr. Krinsky said it was a four-year process, easily. Chair Heavilin opened the floor for the public to speak, and closed it when no one came forward to do so. Motion Mr. Myott moved to grant the request for a one-year time extension for a new site plan approval granted on July 20, 2004 to July 20, 2005 to July 20, 2006. Mr. DeMarco seconded the motion that passed 7-0. VII. Pulled Consent Agenda Items (H.) Consideration of Staff Credit Cards 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 15, 2005 Ms. Horenburger pulled this item because she was strongly against the idea of issuing credit cards to staff. She did not know of any agencies that did this any more, not even private businesses. She mentioned a scenario in which a staff member could be on a trip and put a charge on the card for a porn video, citing the embarrassment this could cause to the board. She thought someone might also have a gambling habit and use the card, for example. Mr. Bressner commented that the City of Boynton Beach issues credit cards to certain individuals. Mr. Myott disagreed with Ms. Horenburger, saying the office had to have the ability to function when Mr. Hutchinson was not in the office. He said the board was trusting staff to get things done and if having a credit card would facilitate moving projects along and staff deems it necessary, he supported it. Mr. Fenton supported it because he did not want to see Mr. Hutchinson going down to Staples, for instance, and buying paper for $35 because he was the only person in the office with a credit card. Ms. Horenburger stated an account could be set up without a credit card. Chair Heavilin recalled being at a CRA conference once where they would not accept personal checks. Ms. Horenburger said they could have put it on their own personal credit cards and gotten reimbursed and that this was what most businesses today do. Chair Heavilin believed there were enough checks and balances and she was in favor of it. The board asked to hear from the CRA Comptroller, Robert Reardon, who said he supported the moderate use of credit cards by staff. If the board wanted to limit the credit cards to Mr. Hutchinson, Lisa Bright and the Events Coordinator, this could be done. Mr. Reardon addressed Ms. Horenburger, saying he monitored the use of the cards. He would be willing to put a disclaimer in writing to SunTrust saying that no cardholder would reap any benefits for the use of the card. He felt that people using their own credit cards for public business and getting rewards for doing so would be unethical. Ms. Bright commented that the agenda backup gave credit card limits by position (not by incumbents). Mr. Reardon said he insisted on receipts when expenses were presented for reimbursement. He tallied them against the credit card master list that comes back from SunTrust. He assured the board there would be no abuse, as far as someone putting an unauthorized charge on their hotel bill. He scrutinizes the hotel bills for that very reason. Motion Mr. Myott moved to approve credit cards for CRA staff as requested with limits as stated on agenda backup page 8933. Mr. DeMarco seconded the motion that passed 6-1, Ms. Horenburger dissenting. (I) Consideration of the Office Lease Renewal for Suite 103 Ms. Horenburger asked about the plans. Mr. Hutchinson said they gone through a year and a half of study about whether to buy, rent, build, or develop and considering the availability in the entire CRA area, they concluded it would be a good idea to rent until projects like the Old High School or the Relax Inn site came forward. They might be able to trade that site for an office. The current rental was not permanent, but it would probably continue for at least two more years. In case something good came up, Ms. Horenburger wondered if they should go month-to- month instead. Mr. Hutchinson preferred a year lease and said the rental rate was fairly low for the area. Ms. Horenburger expressed concern about the number of construction personnel and equipment parked in the limited parking area near the CRA office. Mr. Hutchinson stated the Property 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 15, 2005 Owners' Association was working with the contractor because this was a concern for all the tenants at that address. Motion Mr. DeMarco moved to approve the office lease renewal for Suite 103. Vice Chair Tillman seconded the motion that passed 7-0. (J.) Consideration of CRA Staff Retirement Administration Transfer from Lord Abbott to the International City Managers Administration Retirement Corooration and Addition of the 401A Plan Chair Heavilin pulled this item because she wanted to make the board aware of the two corrected resolutions. Resolution 05-02 should correctly read, "A Resolution of the Boynton Beach Community Redevelopment Agency to include the Adoption of a Profit-Sharing Retirement Plan, not a Money-Purchased Retirement Plan." There was a typo on the last page of Resolution 05-03 where 401(a) Deferred Compensation is replaced with the correct, 457(b) Deferred Compensation Plan. Motion Ms. Horenburger moved to approve Consent Agenda Item J as amended. Mr. DeMarco seconded the motion that passed 7-0. At 9:37 p.m., Chair Heavilin noted the board's time-certain adjournment checkpoint had been exceeded and she asked what the board wished to do about the balance of the agenda items. The board agreed to spend another fifteen minutes to cover the remaining agenda items. It was felt they were important items. (K.) Consideration of the Katz ProDerty Purchase Mr. Hutchinson apologized for not including the comparables for this property in the backup for the agenda packets. They felt appraisals in the area were lagging so they pulled exact closing sales in the area for comparables. Any approval of this could be made subject to those appraisals matching. The board expressed a desire in the past to pay according to comparables and not exceed them. He did not want to spend money for appraisals if the board was not ready to move forward on this item. Mr. Fenton pulled the item because it was over $lM on a Consent Agenda. He questioned whether one parcel to the west was in the MLK area. He felt that the CRA was buying a failed business for $700K. The restaurant closed two years ago. Mr. Hutchinson responded the lot to the west of Sea crest was part of the original 31 lots identified in 2002 for the CRA to acquire. The CRA area and Heart of Boynton area includes the entire area west of Seacrest to 1-95. Also, they were not buying the business. There would be additional costs for relocating and buying the business. This was based on land cost and building cost and what they had seen in comparables in the area. Mr. Hutchinson explained the concept of redevelopment, saying that just as the CRA buys houses, tears them down, and pays relocation costs and appraised values, this property is the same. Ms. Horenburger had a problem on the basic price of the land. She looked into the Property Appraiser's records for the last sale of the first property at 117 MLK Boulevard, and it was sold less than five years ago for $25K to the current owner. Now it was 12 times more than that? 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 15, 2005 Chair Heavilin said that the price was in line for commercial property. Also, the market value was as a restaurant because somebody could come in and pay that for the use of a restaurant. Mr. DeMarco said that as a commercial realtor, if the CRA did not grab it now, it might be lost. Mr. Myott felt the building might serve a useful purpose for a time. Kurt Bressner, City Manager, said this was an important purchase and the City recommended the CRA move forward on it. Staff had analyzed the cost, the highest and best use of the property. Whether there was a vacant restaurant building on the property or not, it was still zoned and used for commercial purposes and this is what establishes the value, not the fact that the building is vacant at the present time. There was a comment made earlier in the meeting on the seeming inability of the CRA and the City to move forward on land acquisitions. He thought they did need to move forward on this. The City also had some issues on which they needed to move forward on with the CRA in regard to parcels in the area where the negotiations were at impasse. This is an opportunity, he believed, for a negotiated purchase of the property. Mr. Bressner felt that while the CRA might be paying more than it wished to now, when the costs of delay were added up and the cost of putting it to trial for eminent domain, it could cost even more. Ms. Horenburger wondered how they were going to maintain affordability. Mr. Hutchinson said that the CRA had that opportunity because this property could be packaged together and if the board so chooses, as an incentive, the properties could be handed over at below cost. A private developer would not have a way of writing that off. Motion Vice Chair Tillman moved to approve Consent Agenda item K, Consideration of the Katz Property Purchase. Mr. Myott seconded the motion that passed 5-2, Ms. Horenburger and Mr. Fenton dissenting. Ms. Horenburger voted nay because she believed appraisals were necessary. She remarked that in regard to packaging and bundling, things did not always turn out the way the City thinks they will. There are no promises anywhere, even when the City is in control of the property. VIII. Old Business - None IX. New Business A. Consideration of the 2005-2006 Budget Mr. Hutchinson reduced the Police Department budgeted amount to sustaining the four officers, buying one more police car, creating a ramp-up that matches the Union requirement for the Police Department. The green budget is the compromise between the yellow with grants and bonds and the blue is with only the T.I.F. coming in. Ms. Julie Turner provided clarification on the bond. Ms. Horenburger wanted to see a detailed analysis of CRA staff to determine if there was enough staff to handle all the projects in the works and in the bond. Mr. Hutchinson responded that Jonathan Ricketts had been engaged by the board to manage construction projects and so far, the board had been pleased with this work. He believed that would continue on other projects. He commented that the projects would be brought before the board for approval in any event. He also said this concern had been answered at the workshop with the scope of work and job assignment presentation. They also had an H.R. agency that would be presenting their study results at the next CRA meeting in a third party oversight capacity to this board. Chair Heavilin said they had always addressed staffing periodically if it needed to change. 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 15, 2005 Mr. Fenton was concerned about the fiscal responsibility of issuing a bond at this time. He heard of another delay in the Promenade and that it might be two years before it was up and running; similarly for the Arches. He did not believe they would be getting the T.I.F. income they expected. He quoted from a study of an organization in a midwestern university who did a 20- year study about various growth areas of real estate in the country. In south Florida, the growth had been 6.9% for the last twenty years. He felt the area was in a bubble. Mr. Fenton continued, saying the CRA had $22,522,000 in debt now. He asked Mr. Hutchinson if he was prepared to add another $12M to get $10M. He asked about the sinking fund on the bond -- $400-500K a year that had to be set aside. The clarification by Ms. Turner did not answer the very basic investment question - what is the bond debt coverage ratio? Mr. Hutchinson replied it was up to the maximum on that debt coverage and he would get it for Mr. Fenton. Mr. Fenton continued, saying the CRA's bond maximum capacity right now was only $9M unless the City backed it. Therefore, the CRA would be stretching, by Ms. Turner's own admission, its fiscal responsibilities beyond its capabilities. He felt this was more significant than the staff issue. He could not support the bond offering now. It was not fiscally prudent to do. The CRA was back- end loading. He called the proposed bond structure a semi-balloon with a $3M debt due in 20 years. It could not be done unless it was structured that way. He felt very strongly that the CRA did not have the financial wherewithal to do this bond. Mr. Hutchinson explained that the T.I.F. used to calculate this was not this year's $6M, but the $3M from last year. The sinking fund was funded out of the principal and is set up similar to the other bond. It goes into a holding account and stays there from Day one, just like the last bond. The debt coverage ratio is set by the first bond covenants and could not be exceeded, and this is what Ms. Turner calculated. This is established in the CRA's bond covenants with the first set of bonds that went out. The $9M is true. This is a project that is in partnership with the City and it is obvious if the City would not care to do that, the CRA would be forced to take some of the projects out of the bond program. This was setting it up to move forward to give staff direction to bring this back to the board. The markets were dynamic right now and this was the range they would be in. They can accomplish what they want to do, if the board agrees it wants to do it. Discussions have been held with the City and the projects proposed in this would be done in cooperation with the City. They are hard investments in the community - streetscapes for major corridors and the affordable housing issues heard about tonight. Vice Chair Tillman asked the City Manager if the City planned to support the CRA in this bond. Mr. Bressner responded, "Yes, we are interested in moving forward with many of these initiatives, particularly the affordable housing initiative, something the City Commission is interested in. We are looking to the CRA for some leadership to extend some of these same principles citywide." In regard to moving forward with some of the land acquisition, the City had budgeted $lM cash for their portion of some residential acquisition in the Heart of Boynton. This is in the City's capital improvement program. It is not bonded; it is dollars in the budget to acquire some of the parcels that are needed for balance. Ms. Horenburger asked if the City was going to support the bond. Mr. Bressner said yes, but the CRA was going to have to go to the Commission with the CRA's recommendation because they would be asking the City to pledge its full faith and credit to back the bonds. Mr. Bressner stressed he was not a policymaker, but it would have staff's recommendation to go forward at that point. He suggested this be discussed at the joint City/CRA meeting in October. For budget purposes, he encouraged the CRA to leave it in the budget. If there are some issues regarding the exact allocations of where the dollars are going to go, he suggested having a further discussion before finalizing the bond issue with the City Commission. Ms. Horenburger's position was not to put it in the budget until it is voted on. If they do not vote favorably for it, it would have to be taken out. She wanted to discuss it and vote on it first. 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 15, 2005 Vice Chair Tillman's position was to put it in the budget and move from this standpoint. The brunt of what was heard at this meeting was that the CRA did not care and was not doing anything so they were going to try this (In Town). Chair Heavilin agreed with Vice Chair Tillman and said the numbers they were looking at were conservative in terms of T.I.F. revenue. Mr. Bressner suggested separating the issues, approving the operating budget and doing a separate motion for the bond issue to allow those persons who favor the rest of the budget to go ahead with the budget and let the bond issue stand on its own. Ms. Horenburger wanted to call a meeting where it could be discussed and voted on. Chair Heavilin said they had discussed it in a workshop. Mr. Barretta asked for Mr. Reardon's opinion. Robert Reardon, CRA Comptroller, said he had not discussed this with Mr. Hutchinson. His only concern was whether the T.I.F. revenues would be in phase with the lack of ratable infrastructure. They heard there was a five-year lag from inception until a project is completed and generating revenue, as mentioned by Mr. Myott earlier. If the board feels the City is behind them, his concern may be moot. Mr. Myott stated he had been speaking of very large projects with a lot of land associated with them. Not all projects take that long. Mr. Hutchinson said there was no speculation on any projects coming on line - the figures reflect what was certified and on the ground right now. Mr. Fenton said the CRA could not float this bond if it were not for the City's backing. He felt they could have floated the first bond without it because they got a good rating. Chair Heavilin said they could still float a bond, but it would be for a little less. Mr. Hutchinson agreed, saying they would then have to make decisions about what projects to cover with it. Mr. Bressner commented that he did not have access to the communication between the board and its financial consultant but would say that for the first bond issue, the CRA came to the City and requested the City provide the backing for the bond issue. This was done primarily to get the interest down to a much more favorable rate, which they achieved through co-signing the loan. He had not seen the numbers on the second offering. If the City were involved with providing its full faith and credit for the second installment of the bond issue, that would have a positive impact on reducing the overall interest rate. What he did not know was whether the City backing would also leverage the ability for the CRA to borrow more money. He would have to see the numbers first. Ms. Horenburger asked if all that money could be spent this year if they were to borrow it. Mr. Hutchinson responded that it would not because some of them were streetscapes, but the contracts could not be signed until they had the money for it. If the board says not to do the bond issue, it would have to reallocate cash and make some tough decisions on timing and so forth. Motion Mr. Myott moved to approve the budget with the bonds as the compromise budget as stated in the subject summary paragraph on agenda backup page 8995. Vice Chair Tillman seconded the motion. Ms. Horenburer asked the Attorney whether approving the budget with the bond in it would mean approval of the bond. Attorney Spillias said they were not obligated to go forward with the bond. They still had to go through the process of Bond Resolutions, and the City would have to go through the process of making its decision. Mr. Hutchinson said it was just like any other project that had to come back to the board. Ms. Horenburger asked if approval of this motion/budget would count as a vote for a bond. Attorney Spillias responded that it would not. 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 15, 2005 Mr. Myott clarified that a vote for this motion would not make the bond happen. Attorney Spillias agreed. Ms. Horenburger verified that there would be another opportunity to vote on the bond. The motion passed 5-2, Ms. Horenburger and Mr. Fenton dissenting. X. Board Member Comments - continued to next meeting XI. Director's Report - continued to next meeting XII. Legal - continued to next meeting XIII. Other Items - continued to next meeting XIV. Future Agenda Items - continued to next meeting The board discussed whether to continue or adjourn. Motion Vice Chair Tillman moved to continue the Board Member Comments, Director's Report, Legal, and Other items until the next meeting, except for the Horizon Grand and Riviera Project items. Mr. DeMarco seconded the motion that passed 7-0. A. Workshop Meetings to be Held on the Following Dates: 1. Thursday, September 22nd at 6:30 p.m., Suite 107 . Consideration of Human Resource Policy Recommendations . Consideration of CRA 20/30 Plan, Design Guidelines & CRA Land Development Regulations (LDR) 2. Tuesday, October 25th at 6:30 p.m. (Place TBD) . Joint Workshop with City Commission 3. Thursday, November 17th at 6:30 p.m. (Place TBD) . Consideration of Feasibility of Attraction Complex XV. Future Project Review 1. In Town Development Group - heard previously 2. HOB Self-Assembly Group - heard previously 3. HOB Medical Therapy Complex - Rod Silverio - did not attend 4. Horizon Grand Condo/Resort - Mr. Michael Weiner Michael Weiner spoke on behalf of Boynton Beach Partners, LLC, saying Henry Kraft was present, the architect from Barretta & Associates. The long, narrow 1.5-acre property is located just beyond the dog pound in the park on the west side of Federal Highway, just north of Boynton Beach Boulevard. They were finally talking about a substantial structure on the west side of the street and would be taking Mixed Use-High into a new area. He believed this would encourage further development to the north. The property is already zoned Mixed Use-High so they would not have to ask for any waivers. The project consists of a mixed-use development with approximately 7,000 square feet of retail, 1,700 square feet of office, 96 residential units, and 74 hotel units. There would be 340 parking 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 15, 2005 spaces. The design theme would be Florida/Caribbean in architecture. The towers in the mixed- use area have been oriented to fit the streetscape, bringing it close to the street. The garage would be totally hidden and maintained internally. The streetscape would have a linear public plaza of approximately 4,000 square feet. There would be fountains and works of art, space for more art, sculptures, and atriums. There would be some view corridors as well and some exposed elevators to add interest to the street. The height would be 150 feet to the main floor, about 15 stories high. They would be asking for the abandonment of N.E. 5th Avenue, but were keeping N.E. 4th Street open and were working to see it did not become a dead end for traffic circulation. Although the units might have condo financing, they would function as hotel units. There would be many spas, atriums, and pools. They want to add to the tourist attraction of Boynton Beach to attract conventions and visitors. They felt it would bring economic activity to downtown Boynton. The board thanked Mr. Wiener, Mr. Kraft, and Boynton Beach Partners LLC for bringing this preview to the board. 5. Riviera Project - Mr. Bert Oliver Bert Oliver, an attorney at 2060 N.W. Boca Raton Boulevard, introduced this project to the board. The proposed project would be located in what was once the I -Hop Restaurant across the street on Federal Highway from Dunkin Donuts. The property in question is zoned C-1, office professional commercial with a land use designation of Oc. This application presupposes the land use amendment and a zoning change. He thought the proposed project would be an extraordinarily creative use of a very small piece of property and that the board would be delighted with the scale and aesthetic properties of the proposal. The project meets or exceeds every MU-L parameter. The site plan drawing shows an office of 1,140 square feet. The retail would be 419 square feet on the ground floor fronting Federal Highway. Above the retail office on Federal Highway, there were four 2-story town homes. Their parking facilities were garages on the north side of the property, detached from the units by a paving area. There would be four 3-story town homes on the south side with garages on the ground floor facing inwardly. Vice Chair Tillman asked about the price range, but Mr. Oliver said that had not been settled yet. Chair Heavilin asked if they were planning to talk to the neighbors and Mr. Oliver said they would do so. The board thanked the presenters for bringing the preview to the board. XIV. Adjournment Since there was no further business before the board, the meeting was duly adjourned at 10:31 p.m. Respectfully submitted, ~c.3K~.~ Susan Collins, Recording Secretary (091605) 20