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Minutes 03-15-00MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEETING HELD IN WEST WING, CONFERENCE ROOM C, CITY HALL, BOYNTON BEACH, FLORIDA, WEDNESDAY, MARCH 15, 2000 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Ron Weiland, Vice Mayor William Sherman, Mayor Pro Tem Charlie Fisher, Commissioner Bruce Black, Commissioner ALSO PRESENT Wilfred Hawkins, Interim City Manager Dale Sugerman, Assistant City Manager Quintus Greene, Director of Development Mike Rumpf, Director of Planning Nicholas Igwe, Assistant City Attomey Lindsey Payne, Assistant City Attorney Hannah Matras, Economic Research Analyst John Wildner, Director of Parks I. CALLTO ORDER Mayor Broening called the meeting to order at 6:55 p.m. II. AGENDA APPROVAL Vice Mayor Weiland moved to approve the agenda. Motion seconded by Commissioner Black, and unanimously passed. III. APPROVAL OF MINUTES Vice Mayor Weiland moved to approve the minutes of the February 9, 2000 meeting. Motion seconded by Mayor Pro Tem Sherman, which passed unanimously. IV. OLD BUSINESS A. Update on Current Projects 1. Marina Project, Quintus Greene The Development Department recently provided administrative approval of a revised plan for the parking structure, which was designed to parking code requirements. This administrative approval allows the developer to pursue an amendment to the development agreement that would remove the shared parking requirement and address one of the issues in the lawsuits affecting this project. MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA March 15, 2000 2. Ocean Avenue Promenade, Quintus Greene As of the end of February the design was complete and has generally met with public approval. The approval extends to changing the pedestrian streetlights from the historic acorn type to the contemporary fixture that has been installed at Ocean Avenue east of Federal Highway near the bridge. Some correspondence was received from the Florida East Coast Railroad, which indicated that they have some objections to some of the design features that are planned into the railroad right-of-way. This may mean that some re-design would be required where the project crosses this F.E.C. right-of-way. This could delay the bid date and the project construction schedules. Staff is attempting to set an appointment with F.E.C. officials next week to see if this issue can be resolved with minimum impact. Mayor Broening asked for questions or comments from the Board. Vice Mayor Weiland commented that the plan had been to start this project the week after G.A.L.A. and later on, the plan was amended to begin the latter part of May. A nine to ten month construction time frame was envisioned, allowing completion before the season. Vice Mayor Weiland stated that if the project were stalled by the right-of- way issue, construction would be going on at the start of the season and the business owners would be directly and dramatically affected. If the plan had to be changed at this time, Vice Mayor Weiland recommended that the part of the plan affecting the right- of-way be deleted and added back in at a later date. Vice Mayor Weiland firmly believed that the project should not be delayed by the right-of-way issue. Commissioner Fisher asked if a formal schedule had been given to the property owners detailing the dates and times of the project. Mr. Greene responded by saying that no formal communication had taken place with the property owners since the meeting on February 28, 2000. Commissioner Fisher asked for assurance from Mr. Greene that the City intended to give the property owners such a schedule and he was so assured. Mayor Broening mirrored Vice Mayor Weiland's concerns and stated that a work-around should be done if possible so as not to delay the project and negatively impact the property owners. Mayor Broening asked Mr. Greene to keep him updated on the issue. Mr. Greene remarked that Staff was also concerned about potential delays and the meeting with F.E.C. would allow an opportunity to negotiate the best possible arrangement. Concerning the shop owners, a possibility was mentioned of beginning the project at the east end and working towards the west. This would minimize the impact on the merchants so that when the season had begun, construction would be closer to the west end. MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA March 15, 2000 Vice Mayor Weiland mentioned that this would directly affect Scully's Market and it is the City's intention to minimize the impact of this project on all the merchants. The Mayor commented that this meeting was a C.R.A. meeting and that both projects were primarily City business. Mayor Broening invited comments or questions on either project from the audience with a three-minute time limit requested. Mr. Kevin Scully, owner of Scully's Market on Ocean Avenue, stated that since there were three new people in the City government, he was asking that the C.R.A. and the Commission review the Ocean Avenue Promenade project thoroughly before it went out to bid. Mr. Scully believed that there should be an investigation into the process and the pe~ople involved. Mr. Scully said he had lived in the City for thirteen years and owns a business in Boynton Beach, and the property the business is on, as well as a home in Boynton Beach. He believes he is a good citizen but that he had been treated as a third-class citizen. He said he had attended every C.R.A. meeting and all but one City Comm_ission meeting in the past nine months but that the treatment he had received from some of the City personnel had been terrible. He said he had tried to be a good team player but he believed he was always left out of the game. He said that he was in favor of the. Ocean Avenue improvements; however, with the many other projects going on at ~his time such as Pond B, Marina and Gateway Boulevard either stalled or stalling, he asked that the new people please review the Ocean Avenue Promenade Project carefully before it went out to bid. Someone mentioned that there was to be an Ocean Avenue Promenade newsletter, which may help in getting the word out as to the timing on the project. This was done with the Bridge Project and was very successful. Also, there is a monthly meeting with the contractor that anyone may attend. Commissioner Black asked Mr. Greene whether the F.E.C. objections were of a legal or design nature. Mr. Greene stated that F.E.C. believed that the paving type proposed for Ocean Avenue would require maintenance at the crossing, which would be their responsibility. They would prefer to have either concrete or asphalt because they don't want to be in a position of having to replace the pavers, even though the City would be reimbursing them for the maintenance of the crossings. There is also a question of the walls that screen part of the project going on part of their right-of-way. They say they have a policy that within 100 feet of the track, nothing over two feet in height is allowed. The safety side of this is understandable. Some of the details of their objections can probably be worked around and others may have to be dropped from the project. 3 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA March 15, 2000 Mayor Broening reiterated that this was informational for the C.R.A. and that it was really a matter for the City Commission. B. C.R.A. Budget Mr. Greene reported on the C.R.A. budget and stated that there was an overall ending fund balance for the current fiscal year of $1,032,915 with several reserved accounts. The unreserved amount was $823,453.00. There were no questions or comments. V. NEW BUSINESS Presentation and Discussion of the Palm Beach Playhouse/Florida Theater Proposal for the Old High School The order of presentation was as follows: Mr. Todd Price, Palm Beach Playhouse Mr. Mike Nelson of Ziedler Roberts Partnership, Inc., Architects Mr. Will Ray, President of Palm Beach County Cultural Council Mr. Mike Tarlitz, Palm Beach County Economic Development Mr. Todd Price of the Palm Beach Playhouse distributed a copy of a proposal for the Board's review. Some of the benefits of the project were defined as: Architects with a proven track record in renovation and building of theater facilities nationally, internationally and in the state of Florida The only 500 seat theater in Palm Beach County Adjacent to the Children's Museum with family-friendly programming Preservation of an historically and architecturally significant building High visibility in public relations for Boynton Beach Well known plays, playwrights, actors and directors Mentoring program for Florida playwrights Multi-cultural offerings in keeping with Boynton Beach's diverse population Classes in theater arts for children Ability to provide a multi-use design if required The fulfillment of a sincere need for a major cultural venue for the citizens of Boynton Beach Several grant sources were said to be available to support the program. Projected revenues for ticket sales and rentals for the first year were $989,000. Government grants and private contributions of $1,011,000 and total operating expenses of $2,000,000 were anticipated. Mr. Price noted that this was a projected first-year budget and that the projections of revenues were extremely conservative. 4 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA March 15, 2000 The proposed theater would be a 501-3(c), Not-for-Profit, theater where people would subscribe as a way of supporting the theater. Mr. Price stated that many people were rallying around to offer support. Mr. Price introduced Mr. Mike Nelson of the firm of Zeidler Roberts Partnership, Inc., Architects, who gave an overview of the architectural aspects of the proposed theater. The Zeidler Roberts Partnership, Inc. has an international practice and has won 100 national and international design awards. They have had extensive experience in designing more than three dozen performing arts facilities to include the Kravis Center in West Palm Beach. Over twenty theater projects have been done in Florida to date. Mr. Nelson discussed the conversion of an old water plant in Toronto, which was made into a Children's Theater and many similar projects. Mr. Nelson proceeded to define the proposed renovations to the Old High School that would create the theater facility. A diagram was presented of the proposed theater to include administrative offices, storage, rehearsal space, performing areas and lobby. The project would combine new construction with renovation. The next speaker was Dr. William Ray, President of the Palm Beach Cultural Council located in West Palm Beach since 1982, a membership organization funded by businesses and foundations and the pastoral organization for County funding of cultural organizations. Dr. Ray's organization currently bestows about $3 million annually in grants for programs. Their Board of Directors authorized a Comprehensive Cultural Plan for Palm Beach County three years ago. At that time they offered planning services for cultural facilities or programs and Delray Beach, Boca and West Palm Beach contacted them for assistance. For example, Delray Beach and Boca Raton wanted to know if there were a market for a proposed concert hall and if so, where it should be located. The study was comprehensive, in-depth and scientific and has resulted in a project in Mizner Park in Boca P, aton for an 1800 seat concert hall. The job in Boynton Beach is to decide what to do with the building and if it should be used for theater and if so what kind of theater. Their Board of Directors heard the presentation yesterday. They have extensive experience and knowledge in the area of renovating existing spaces in urban areas as centers for cultural use. They were able to save and renovate Old School Square in Delray, the National Guard Armory in West Palm Beach and the Dreyfuss School of the Arts. The Dreyfuss was an example of a challenged historic renovation, which had many problems with costs and time but in the end everyone was glad they did it. There are at least five or six precedents in Palm 5 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA March 15, 2000 Beach County where municipalities took leadership in planning and funding or causing to be funded the preservation of important public buildings in their downtown areas for cultural uses. Also as a result of the Comprehensive Cultural Plan mentioned earlier, they have put a priority on serving children, families and multi-ethnicities. Mr. Ray personally endorsed Mr. Price, expressing confidence in Mr. Price as a lawyer and as a producer to bring an artistic mission and vision to Boynton Beach. He said that art was not made by committees, it was made by visionaries and that the City was fortunate to have residing in Palm Beach County an experienced producer and developer for this project. They offered their assistance and said they were a potential funding source once the facility was opened and operating from two funds, the bed tax for larger programming and marketing and the community cultural affairs grant program operated for the County for children's and multi-cultural services. Mr. Tedtmann voiced a question as to how many cultural facilities were funded with the $3 million annual expenditure? Mr. Ray said that there were about 30 grantees for the $2.5 million from tourist development tax funds. They fund the Caldwell Theater, Florida Stage and many others, with a typical grant size of from $200,000 to $300,000 a year. Mr. Mike Tarlitz of the Palm Beach County Economic Development group was introduced and spoke about his agency's role in this project. He announced that the Development Regions Program is accepting proposals until May 1, 2000. $65,000 will be going to each core area and Boynton Beach is a core area. Mr. Taditz' agency has a history of assisting cultural facilities to help stabilize downtown areas. Another $200,000 would be available for competitive projects that help anchor downtown districts. Mayor Broening thanked all the presenters and asked for comments or questions. Mayor Broening had a question for Dr. Ray and that was "What do we do with the building?" Mayor Broening commented on the mixed feelings within staff and on the Board about the utility of keeping a building that needed $5 to 7 million in renovation. He said that the other question was where to get the capital for such a project? Mayor Broening expressed a firm commitment to the idea of such a facility for Boynton Beach but was concerned about the financial wherewithal to bring it into existence. He solicited advice from staff, the Board, the residents and anyone who may be able to shed light on the issue. A lengthy discussion followed as to issues of economic feasibility, state and county cultural facilities grants, historic preservation grants and the pros and cons of using the 6 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH,-FLORIDA March 15, 2000 Old High School versus the new Civic Center. Various people on the Board said they were interested in seeing proposals from other theater groups before making any final recommendations. Also, there was considerable discussion about needing more programmable space for the Recreation Department and the desirability of having a multi-use facility. Others felt that a multi-use facility would be a risky venture and that it would dilute the effectiveness of the theater. The parking situation was mentioned as another consideration. Concern was expressed from the audience about the large number of projects in the works in Boynton Beach at the moment and the need for planning to assure success. The general tenor of the comments from the audience was of a sincere and persistent desire to have such a cultural facility in the City of Boynton Beach. The need for a feasibility study to determine the economic aspects of restoring the Old High School versus taking it down and rebuilding the Civic Center to include a multi-use facility was mentioned more than once. The figure of less than a million to build a new theater building was contrasted to the $5-7 million projected to renovate the Old High School. Mr. Suss said that he thought it was a "dynamite" idea and definitely something the City and the C.R.^. needed to consider seriously. Mr. Katz said that it would be great to have a theater where children could go and that Boynton Beach had an opportunity to combine that with other needs. He mentioned the possibility of a joint venture with the new Civic Center and possibly an amphitheater and space for public meetings. Vice Mayor Weiland said he thought it was a great idea and something that Boynton Beach needed very much. He also believed that as much time as was necessary should be taken to analyze the situation in depth and explore all the other opportunities in the area. The Mayor thanked the presenters and solicited information and comments from all sources on the issue. B) Request for Quintus Greene to enter into a contract for legal services with the law firm of Josias, Gore, Cherof, & Doody Mr. Greene said he believed the time had come for the C.R.A. to have its own, dedicated attorney. He said that he needed the consensus of the Board on this issue. The firm would be the same as that which supplies the attorneys for the City now, At the beginning of the next fiscal year Mr. Greene proposed a line item for 7 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA March 15, 2000 "Legal Services" with this firm be added to the C.R.A.'s budget. The billing would be at the same hourly rate as the City is paying now, $125.00 an hour. A discussion ensued as to whether such services were required and the estimated expenditure. Mr. Greene stated that the C.R.A. needed real estate law expertise and that the City had other interests such as public law. Also, Mayor Broening remarked that with the possible advent of the C.R.A.'s becoming an independent entity and purchasing property, real estate legal advice would definitely be in order. Commissioner Fisher believed that an intelligent "guesstimate" was called for to avoid surprises and to allow for sound financial planning. Vice Mayor Weiland said that the C.R.A. had been getting a "free ride" and that it was time to "ante up". Interim City Manager Hawkins said that specific expertise was required and that the Board was moving into an area of increased decision-making for which project-specific legal assistance would be required. Mr. Sugerman said that based on the last four years of experience, the amount of hours spent on C.R.A. business a month was 10 hours to 40 hours and at $125.00 an hour between $1,250 and $5,000 a month in legal fees would represent a ballpark estimate. Mayor Broening asked for a consensus among the Board on the need for this contract, which was signified by a nodding of heads in general agreement. Mayor Broening also said that when the formal contract was presented to the Board they would have another opportunity to accept or decline the contract. VI. PUBLIC AUDIENCE Mr. Edward Tedtmann stated that he wanted to see publicized a mission statement from the C.R.A. with an itemized list of planned projects. He also expressed a belief that the Board should avail itself of the services of a land-use attorney. Mayor Broening responded that Visions 20-20 was a Master Plan. VIII. OTHER Commissioner Black asked if a decision could be made at the next C.R.A. meeting on the Intracoastal Ten-Acre Park. The Mayor responded that it could be put on the agenda, that he did not believe it was at the point of resolution, but that it could certainly be discussed. Commissioner Black asked for Mr. Greene's input on the project and Mr. Greene stated that by the next C.R.A. meeting he 8 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA March 15, 2000 believed some ideas could be presented and a discussion held on possible uses for the land. Commissioner Black asked what Mr. Greene envisioned for the future of the C.R.A. as to whether more members should be added and whether it should become an independent entity. Commissioner Black solicited Mr. Greene's ideas for discussion. Mr. Greene said he would be glad to share his experience and ideas but that the real issue hinged on the needs and desires of the people of Boynton Beach and where they believed their best interest lay. He said that in the long run he believed the C.R.A. might become an independent entity but could not speculate as to the timetable or circumstances surrounding that potential event. Mayor Broening stated that soon two civilian members would be added to the Board as a first step towards independence. Mayor Broening further stated that although this issue needed a few more months to mature, it would be put on the City Commission's agenda. IX. ADJOURNMENT Vice Mayor Weiland moved to ad.iourn the meeting at 8:40 p.m. Commissioner Black seconded the motion, which passed unanimously. Respectfully submitted, Susan S. Collins Recording Secretary (two tapes) 9