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Minutes 07-10-07 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEETING HELD IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA ON TUESDAY, JULY 10, 2007, AT 6:30 P.M. Verbatim Transcription Community Redevelopment Agency Board Meeting of July 10, 2007 requested by a City Commissioner Present: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Mack McCray Carl McKoy Ron Weiland Kurt Bressner, City Manager Jim Cheraf, City Attorney Lisa Bright, Executive Director Ken Spillias, CRA Board Counsel (Meetng was called to order at 6:30 p.rn.) Chair Taylor: We are gonna begin the meeting this evening with an invocation by Pastor Arthur Elwood. Board Member McCray: Anton. Chair Taylor: Anton Elwood fram St. Paul's and followed by a Pledge of Allegiance, if you'd please stand. Pastor Elwood: Let us pray. Most Holy and Everlasting God, we thank you now for allowing us to experience another day's journey. As we go into this meeting tonight, we are asking for your presence to be here with us, that you will lead us and guide us in everything that we do. Be with every member of the Commission and all of the leaders that are gathered here tonight, be with every community member, oh God, that everything that is done will be according to the purpose that you would have for it to be done in. We love you, we thank you and we praise you tonight. It's in your name we pray. Everybody say Amen. All: Amen. All: I pledge allegiance to the Flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Chair Taylor: I guess we have a roll call. Recording Secretary: Chair Taylor, here; Vice Chair Rodriguez, here; Commissioner Weiland, here; Commission McCray. 1 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McCray: I'm here. Are we supposed to use the Commissioners, are we using Commissioner, that leaves me, or are we just using our last names? I just need to know for point of clarification before we go any further. What is pratocol? Chair Taylor: It doesn't matter really. Attorney Spillias: The Statute actually does talk about it as being a Board of Commissioners so you can either use board member or Commissioner. Board Member McCray: I'll be referred to as a board member. Thank you, at this point. Recording Secretary: Board member McCray, yeah, here. Board Member McKoy: Present. Chair Taylor: Thank you. This takes us to approval. Are there any additions, deletions or corrections to the agenda at this time? Vice Chair Rodriguez: Um, I'd like to make, uh, a request that we move up the, uh, City Attorney, Item, New Business, Item 13. Chair Taylor: Okay. Seems that's uh, uh, yeah, it's uh. Vice Chair Rodriguez: That's New Business, 13, right? Chair Taylor: It's under, um, New Business, item 10. Vice Chair Rodriguez: No, it's 13. Chair Taylor: Not on my agenda. It's item 10 under New Business, Discussion of CRA Legal Counsel? Vice Chair Rodriguez: Oh, I'm sorry, you're right. Chair Taylor: Yeah, Item 10. Let's put that up here, uh for the next item before we get into Agenda Appraval, so we'll have the right legal advice. Board Member McCray: I'd like to pull, uh, Consent Agenda, Appraval of the Minutes, Item A. Vice Chair Rodriguez: I'd like to pull Items B through H. 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Okay. Board Member McKoy: B through H? Vice Chair Rodriguez: Yes sir. And, ah, you know the reason I'm, I'm pulling these items is because this is kind of the first time for us up here as board members so I think it is important for clarity and understanding that we go through some of these pragrams, we get a better feel and understanding for what they are and how they apply. So I'm gonna ask a lot of questions and it's just for understanding. Chair Taylor: Okay, so basically we're pulling the entire Consent Agenda except for item I, unless somebody wants to pull 1. Board Member McKoy: Might as well pull I while we're at it. Board Member McCray: Might as well. Chair Taylor: Okay, then. Board Member Weiland: Mayor, as well, I'd like to discuss, under Consent Agenda, Item C that's already being pulled. Chair Taylor: Yeah, we've pulled all of them. Board Member Weiland: Also, I would like to discuss, and I don't think it's in here but under Old Business, uh, when we're finished discussing the status of the MLK corridor, I would like us to be able to discuss where we are going next, uh, whether it's gonna be for an RFP, ah for new praposals or whether we're gonna move forward with uh the second developer of choice. Board Member McCray: Un, uh, I have a letter that I would like to read and it is uh really not a letter, it came from the Palm Beach Post, and it has something to do with prior, uh things that happened before we disbanded CRA, and I need to know what we place this-I need to read it before we start making a lot of these decisions because we need to understand that this was one of the reasons that we got up here because some people-playing the name game and I need to read this. I just need to know where you all want to put it. Chair Taylor: What is it you want to... Board Member McCray: I need to read a letter from the Palm Beach Post, sir, that was dated, uh July 15, 2005 where you made your comments in regards to the Finkelstein property. Finkelstein praperty. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Okay, we can put that, uh wherever you want it, Commissioner, under New Business? Board Member McCray: I don't know. The quicker we get it up frant, the better I feel because I'm just saying this is something that you know, needs to be disclosed. I'm just saying that was one of the reasons we got rid of the CRA was, some people did not like the way that uh, the amount of money that was paid for the Finkelstein praperty, and I need to make this be a part of these records. Chair Taylor: Put that under Item E then, under Old Business, Item E. Um, Commissioner Weiland, I think what you want to discuss will come to play under Item A of Old Business-and we can discuss that, yeah Board Member Weiland: Yeah, well I did not know if that was-I knew-- Chair Taylor: Where we need to go fram there, yeah. Board Member Weiland: Correct. Chair Taylor: Right, so it will prabably come under there. Board Member McKoy: Mr. Mayor, I just wonder, we have Public Comments down after the Consent. I'm just wondering if we should have that before the Consent Agenda. It seems to be that quite a few people may have some comments, I don't know what's the mood. I don't know. Vice Chair Rodriguez: Okay, we're moving it up? Chair Taylor: You want to move it up? Vice Chair Rodriguez: Let's get it out of the way, yeah. Chair Taylor: Don't mind me. Okay. Want to move Public Comments up above Consent Agenda, I guess. All right. The consensus is to do that. So we'll do that. Board Member McCray: Mr. Mayor, the next thing is, when we get to Old business, when we get to Auburn Development, when we get to the presentation by respondents to the Ocean Breeze RFP, I have comments that I need to make prior to us going thraugh any of that as it will affect, like everybody says, going to be doing a presentation, because that's something that, that is absolutely necessary to me tonight before I make a vote on anything. Chair Taylor: All right, we'll let you comment ahead of the presentations. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McCray: Before. Chair Taylor: Yeah, before the presentations. Board Member McCray: Thank you. Chair Taylor: Anything else? Is there a motion to adopt the agenda as amended? Board Member McKoy: So moved. Board Member Weiland: Second. Chair Taylor: I have a motion and second. All in favor? All: Aye. Chair Taylor: Anyone opposed to the motion? The motion is unanimous. That will take us to discussion of the CRA Legal Counsel. Vice Chair Rodriguez: As most of you know, or may know, the City Attorney, Mr. Spillias, has tendered his resignation, um as the CRA Board Attorney, so I would like to move for a motion to accept his resignation at this time and assign the current City Attorney to the role of CRA Attorney. Board Member McCray: Before we, I accept Mr. Spillias' uh, resignation, I'm just saying, I'd like to give Mr. Spillias a time to address this board and see if there is anything he would like to make us aware of. The last time the Mayor said it was common courtesy, a courtesy, you know, of the board. And I think it went just a little further than that. I'm just saying that if he wants to divulge anything at this time, it's fine with me and if not, I will go along with the recommendation but I think that he needs to be given a chance to address this board. Chair Taylor: All right. I have a motion and I'll have a second and then we'll open it up for discussion, if he wants to comment. I have a motion and a second, uh. Attorney Spillias, would you wish to comment at this time? Attorney Spillias: My only comment, and thank you board member McCray, is I want it to be known that I um have enjoyed the past three years, uh representing the CRA board. I believe that the uh um, I recognize that the City Commission had its reasons for doing what it did, but the CRA Board that I served with, I think, did an excellent job, um and was moving this City forward. I certainly hope that uh, that that continues. Um, it has been a pleasure, and thank you. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: I want to thank you for your service and uh, and uh, I do have a motion and a second. Any other discussion? Chair Taylor: All in favor? Chair Taylor, Vice Chair Rodriguez, Board Members Weiland and McKoy: Aye. Chair Taylor: All opposed? Board Member McCray: With regrets, Nay. Thank you sir. Chair Taylor: Is that a nay? Board Member McCray: Nay. Chair Taylor: Okay, show the motion passes 4 to 1. So at this time we'll ask, uh Mr. Cheraf to assume the position of the CRA Attorney. Thank you. Board Member McKoy: I'm just, well, go on. Board Member McCray: No. We need to know has it been done prior, before? I need to know, are we in legal with doing this? You know, I'm just saying, you know that so much has been said, okay, some things are not okay. I'm just saying, we need to ask questions. Chair Taylor: What's your question. Board Member McCray: My question is, ah, what just happened, I'm just saying, with the City Attorney, are you comfortable doing what you're doing now? Attorney Cherof: Yes sir. I'm simply resuming the role that I used to play before the Commission, um, created an independent board with other individuals serving in your capacity. Board Member McCray: Thank you. Chair Taylor: We accepted his resignation. Board Member McCray: Okay. Chair Taylor: Okay. This take us to uh, we moved Public Audience up to this, so at this time, any of the public who wishes to address the Commission, items not on the 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 agenda, may do so at this time. We ask that you give your name and address for the record and uh, limit your comments to a three-minute time period. Board Member McKoy: Mr. Mayor, I'm sorry. I need to back up for just one moment if I may. Uh, I have a concern, and, and, hopefully, the attorney can address. Uh, I don't necessarily have a problem with, um the City Attorney sitting in as Acting um, um Attorney for this board. I'm, I'm just concerned about any perhaps conflicts. I, I mean, there are could be, as long as he's sitting on this board, and we haven't decided how long we plan to, how long before we can fill this seat, if we plan in fact to fill the seat; but I'm just wondering, are there ever times when issues come up that perhaps we could be on opposing sides being the City versus the CRA on issues and getting advice fram the same attorney? Board Member McCray: Thank you. Chair Taylor: Do you wish to address that? Attorney Cherof: You're asking me to address that? Chair Taylor: Please. Board Member McKoy: Someone. Attorney Cherof: That would be extremely unlikely and in a situation of that nature, I will counsel you on how to deal with it. Chair Taylor: We have, um, I've been in this position before. I served as a CRA Board and uh, he was our CRA Attorney, and there was never a prablem between that and the Commission. This is not, this is nothing new. We've been down this raad before. Before we appointed an independent board, that's the way it worked. Board Member McCray: Mr. Mayor, I, I have comments, you know, even before we hear from public audience and that was that um, Board Member Rodriguez, that's how I will be referring to everybody, as that's all we are at this point, because we're Commissioners at another stage of the game, but that he was trying to establish protocol. I am concerned about pratocol as well and one of the main reasons I am concerned about protocol is that when business is handled, I'm just saying one of the main concerns that Board Member Rodriguez had was that he wanted to meet with the Chairman of the Board. I want to know how we are going to address the Sunshine Laws for him in regards to this. Chair Taylor: Which, he wanted to meet with what? The Chairman of the CRA Board? 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McCray: He stated that one of the main reasons sir, and I will talk on this, was that his main concern was that he wanted to meet with the Chairman of the CRA Board. You serving, sir, as the Chairman of the CRA Board, how are we going to handle this with the Sunshine Law, if I need to address that to counsel for ethics. Attorney Cherof: There will be no meetings of that nature. You are governed by the Sunshine Board and all of your discussions will take place in a public setting following notice. Board Member McCray: Thank you sir. Question answered. Chair Taylor: I have to..J'm not sure I understand what I'm hearing here. Are you telling me that a board member cannot meet with me... Attorney Cherof: Cannot meet with you as the Chairman. Chair Taylor: Oh, no, yeah, no way. Attorney Cherof: And that could not occur because you are governed by the Sunshine Law. Chair Taylor: That's correct. Board Member McCray: I wanted to make sure it was stated for the public record, sir. Attorney Cherof: Anyone of you can meet with the Executive Director at any time. Board Member McCray: Pratocol Chair Taylor: Thank you. All right. That takes us again to publiC audience. Anybody in the public wish to address an item not on the agenda may do so at this time. Please give your name and address for the record, and limit to, comments to a three-minute time period. Sister Lorraine Ryan: I represent Women's Circle at 145 NE 4th Avenue, as well as the Boynton Beach Patch, which--because we have no actual venue, we are a floating enterprise. Um, I would just like to uh, point out that there is a tremendous need in the Heart of Boynton area for a community health center. Ah, we have been asking--I braught with me a request dated May 18, 2004 to Mr. Doug Hutchinson. Uh, basically, it was asking for that to be entertained, a community health center in the Heart of Boynton. Uh, we even submitted a plan at that time. Um, I think the uh, Commission 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 and the CRA is certainly very well apprised of the fact that in this country, we have 45 million uninsured people and that's about one-fifth of the population, and that is true also of the City of Boynton Beach. We get phone calls constantly from uninsured health, uh, people that do not have health insurance. Ah, it is a vital need. Uh, then the other issue is that uh, the Women's Circle, as well as the Community Caring Center have a need for great expansion in the area so I hope that this will be entertained in the future planning. Thank you so much. Chair Taylor: Thank you. Doris Jackson: Good evening, Doris Jackson, 531 NW 10th Avenue, Boynton Beach, Florida, President of Poinciana Heights Neighborhood Association. Um, I have a question to the CRA Board. Are the items that were started by the previous CRA Board, will they be continued? Chair Taylor: Yes and most of them are on the agenda tonight. Ms. Jackson: Okay, one that I, I'm thinking of in particular, the building across from St. Paul Church on 10th Avenue, the vacant building that's owned by the CRA, the property there. We was asking the neighborhood associations, along with Mad Dads, was asking about that building so we could house Mad Dads for the community and the neighborhood associations for their meetings and what have you. Chair Taylor: Is that, have you talked to staff about that? The staff on that? Lisa Bright: Mr. Chair. Chair Taylor: Yes? Ms. Bright: If I could speak to that. Um, there was an initiative, um to renovate that building possibly, and considered that. However, the moratorium on the MLK corridor has prevented that decision from moving forward. So, hopefully tonight's discussion on the MLK corridor will give this board an opportunity to reconsider that maybe. Okay? So that's where it's at. Ms. Jackson: Okay. Ms. Bright: All right. Chair Taylor: Thank you. Willie Aikens: My name is Willie Aikens. I'm at 726 NE 1st Street. I was gonna to, piggy back off of that too, 'cause we was all concerned about because it could be 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 utilized for many other things but I do have other questions. One of my questions is that a lot of people are concerned with your purchase for, ah houses on NE 5th Avenue and they're boarded up at this time. What is the purpose of those there? Are they gonna be utilized where taxpayer money's gonna be used there, or are they just gonna be ah boarded up and it becomes an eyesore now that we're purchasing a lot of things that's boarded up and a lot of people are concerned about that. Ms. Bright: That was a future redevelopment project that, excuse me, is part of the whole HOB work pragram. Um, I think we're gonna have to look to this board to see if they want to um, continue. We bought a lot of land, assembled land, and we're gonna be working with the development community, uh, excuse me, developer, to turn that into an affordable housing project so that we did have to board them up. Mike, are those slated to be torn down? Yes, they are. Mr. Aikens: They were never been used. Is that the best way to use the taxpayers' money, they could not be remodeled or reconditioned being that it is hurricane season and people are looking for homes? Ms. Bright: Previously, we were going to move forward. Like I said to you, we're gonna have to bring that item back to this new CRA Board and look for direction from them. If that's what they want to do, is retrofit those, or do a larger development project there. Vice Chair Rodriguez: What was the uh, the direction of the old board? Ms. Bright: They were getting ready to do a larger development project for the, I forget, how much, how much acreage do we have? I forget. Mike Simon: The praject-- Mike Simon: Excuse me. Mike Simon, Development Manager, CRA Development Manager. The, the configuration of the praperties that have been aggregated and assembled under several different purchases, uh by the CRA, uh, puts together about 2.82 acres which, um, allows for the building of about 40 units. The idea was to go in with a, a complete uh, affordable housing complex uh, two-story, um, and, and get more units out of that land. Those five buildings unfortunately, as nicely painted as they are on the outside, ah, are a manufactured-type home, uh, design and structure. Uh, they're on stem wall uh, the floor joints and the, are, are sagging. There's separation from the interior walls from the ceilings, uh, again, fortunately for the neighborhood, they were uh, I think, cosmetically more appealing than they are structurally appealing and therefore I don't believe that um, uh you know investment in, in trying to make them a usable workable home as opposed to 40 would make, uh, would make more sound sense than to get more units than the five units. That was the 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 intention, was to aggregate praperties that we have behind that, that are stretched over onto 4th and create 40 units as opposed to five. That, that's the intent. Now, obviously-- Vice Chair Rodriguez: That's a future project that's gonna come before this board at some point? Chair Taylor: Right. Board Member McCray: My, my question is, since you are the developing agent, okay, I got so much stuff that got thrawn at my door, you know. Not that I mind. Is any of this contained in the information that you just stated? I'm just saying I got about 14 packages up here. Which one should I read thraugh to find that information, I'm just saying. Ms. Bright: It's included in the Heart of Boynton Plan. She redeveloped that block. It's part of the Heart of--the adopted Heart of Boynton Plan. Board Member McCray: This one? Lisa Bright: Yup. Board Member McCray: Thank you, III read that. Chair Taylor: Thank you. So that'll come back to this board when they bring it back. Mr. Aikens: Okay. The other question I had is um, what is the actual density for the development that we're looking at um, is it 20 to 40 or 40 to 30 density for the properties on the MLK development? Are you aware? Chair Taylor: On MLK? Mr. Aikens: Yes, on MLK. Chair Taylor: I think currently, it is, currently, I believe it's zoned for ten units per acre and there's talk about it going to 20 units per acre. Is that correct? Ms. Bright: Yes. Chair Taylor: It's currently zoned for ten units per acre and there was some discussion about, thraugh all the different planning, like Treasure Coast, that it might need to go to 20 units per acre. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Mr. Aikens: When I looked at the plans, I think it had 30 per unit. Chair Taylor: Well, those plans have not been appraved. Mr. Aikens: Okay. That's what I'm asking. Chair Taylor: No plans have been approved there. Mr. Aikens: Have you came to those plan? Chair Taylor: Well, there's nothing appraved. Mr. Aikens: Well, the other question was, is there any, any townhouses that is gonna be in that development on 5th Avenue? Were the townhouses gonna be scheduled for that or were it's gonna be rezoned for that? Um-- Chair Taylor: I don't think we, I don't think we know because it hasn't come to us but, Vivian, do you have it? Vivian Brooks: Uh, the intent was to, um, assemble as much praperty as we could on that block and then to put it out for RFP to see what we got. We, we would expect most likely that it would be zoned a special high density residential which would lend itself to townhomes. Mr. Aikens: I, I know I'm taking a little bit more time but, just for clarification and things like that, we was under the impression that there's a lot more needs of single- family homes and things like that then it was when it was townhouses, so we're not, we're not knocking the townhouses, but we see that we got a lot of prajects going on right now and what's happening is that, I understand it's for the future, but right now, we're closing down things, we're building things and you know, nothing is getting done to MLK and people are saying, well why are we still tearing down stuff when we boarded up and there's even vacant lots and closing houses. When is any of this stuff or any of these programs gonna actually make sense to the people that's walkin' by and seein' they don't have homes, they don't have places to stay? So, what you have to do is let us know exactly why you're doing these things here, and are you actually spending taxpayer monies to do the right thing when there's so much needed, uh homes and houses and things right now. Could anyone address that? Chair Taylor: Oh, I can tell you we'll be moving on a project tonight, one way or the other, on the Sea Breeze praject. That's on the agenda, so we're moving on that and, and uh, as far as the...! hear what you're saying, the, you know, a lot of the people over there want single-family homes. The problem is you cannot build a single-family home that anyone can afford there. You know what it costs to build a single-family 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 home, nobody can afford to buy it. So, that's why they're talking about townhouses or probably some increased density. So, but none of that has been done or appraved yet. That will come back to us and we'll have the input fram the community and, uh, if you don't want it, you know, you need to express that opinion. But I can tell you to uh , to put a single-family home in there, who's gonna buy it? Ms. Bright: Mr. Chair, Mr. Chair, Vivian, could you speak to--I know we have the three Parker praperties that are gonna be single-family homes. I don't know how many other infill lots we've done. I mean, maybe right there on that particular location or not, but I know we've done the three right across fram almost the Treasure Chest and how many other single-family, there are a couple of Habitat ones. Ms. Brooks: Currently, we have, um, the Habitat House on 12th Avenue, NW 1ih, has broken graund. There will be a groundbreaking ceremony for that. That is, um, was formerly a vacant lot, and on Seacrest, there are three single-family homes in permitting that were, um very dilapidated houses that, I looked at them. They could not be rehabilitated. They were so old and ruined by the hurricanes. So there'll be three houses there. So there are four new houses. We currently have one other single-family lot that went out for public notice on NW 12th that we will be getting proposals for a single-family home there. If you read the Heart of Boynton Plan, pretty much it calls for single-family um, mostly west of Seacrest and so, we have been concentrating on buying single-family lots, vacant lots, to build homes on and instead of them becoming garbage dumps, which you know that's what happens to them unfortunately. And then on the east side, the plan calls for some more density, on the east side of Seacrest, uh, south of um, 11th Avenue and the south side going towards Boynton Beach calls for a little higher density, araund 20 units a City acre. So the single-family neighborhood to the west is hopefully being renovated and rehabilitated with the addition of new homes in that area. So that's where we're at. We've got four right now that are three in permitting, one that's already got a permit appraved, and they all have um, they're all gonna be affordable. So. Mr. Aikens: Thank you very much. I, I just want to make this last comment. The reason that we was asking for the single-family homes is because there's a lot of elderly people that can't go upstairs and I know most of these things will not have elevators in them. Am I correct? Just to--and you have to understand, if people can't go upstairs, how will this be useful for them? Chair Taylor: Well, I believe that if you build nowadays, if you build, um, more than one story, you have to, for a, you have to go by the Federal Guidelines that you have to have accessibility, so, most places I think would have to have elevators. Mr. Aikens: No they don't have to have elevators. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Brooks: Not in a townhome. No. Mr. Aikens: Not in a townhome. Chair Taylor: Not in the townhouses, the townhouses do not? Mr. Aikens: No, no, that's why I was saying- Chair Taylor: That's a prablem, that's a prablem, yeah. Mr. Aikens: Then, then, well, I'm addressing that now because it's come to me that Senior Citizens are saying, well we can't go into elevators, we can't, you know, they, if they don't have elevators, how are they gonna be accessible? Chair Taylor: well, that's something we'll have to look at when it comes before us. We'll have to check that out. Mr. Aikens: Okay. Thank you, thank you very much. Chair Taylor: Thank you. Victor Norfus: Good evening, my name is Brather Victor Norfus. I live at uh, 261 North Palm Drive, Boynton Beach, Florida. Um, I had, uh, initially I had two questions but um, I also have a third question now. Um, it's relating to the uh, the appointment of the, uh board. Uh, I don't believe that's on the agenda at all. Um, my question was that in the, uh Commission Meeting where they were very expeditious in removing the board members, uh, did you have any forethought in appointing a new board with new members as expeditiously as you removed that? The reason why I'm stating that was in the, uh City Council meeting, as we were all there, uh, there were some nominations made for the Chairman and the Vice Chairman and there were implications implied that the reasons that those people were nominated was because of longevity. Uh, that other City Commissioners, uh would not be on the City Commission and so, therefore, they were being nominated for a purpose of longevity. Um, in that event, uh, we will have uh new City Commissioners coming up and that will also have an impact on the board itself. Having an independent board, independent of City Commissioners, that will be elected every, what two or, every two years I believe 'cause it's alternating. Uh, we could have a different uh CRA board up there and uh that was one of the questions that I had was that you expeditiously dismissed the board but you have no implications of reappointing any other board. The other question, relating to that also, was the, uh knowledge and information that the CRA board has, as far as redeveloping a community. Um, I did inquire about the previous board to see if they had taken any training that was provided by the City or the State, as far as redevelopment and learning exactly what it is to redevelop a community, and I'm gonna ask the same thing 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 of this board as well. I understand we've had 20-20 visions and we've had all kinds of implications and all kinds of plans, but there is actual training that's required to actually redevelop an area. So. when you're making decisions, as the gentleman just stated, please don't go up two-story townhouses. You don't have elevators in a townhouse, and, so that would lock out a large segment of the retirement population that cannot climb stairs, as well as other implications as far as the makeup of the neighborhood, and the housing and the density level as well. So that was the second question I had was the training of the CRA Board itself in redevelopment. The third question I have, which came up with the lawyer himself. Um, I'm not sure if there is a separation of fees or payment or policies or how that would impact. He did state that previously he was uh, the City uh, Attorney for the CRA Board when the City Commissioners were handling it but um, there is some questions about the way that it was done, the expeditious nature that was done, and no implications that there's gonna be any opportunity or effort to even select a new board and verifying the qualifications of those members on the board. Being a City Commissioner is a wonderful position, but there's also training that needs to be goin' when you're talking about redeveloping a City. Hopefully, you can answer those questions within three minutes. Chair Taylor: Yeah, I can. Attorney Cherof: Mr. Chairman, the first question that he posed regarding the appointment of the board itself is a matter for the City Commission, not for this board, and uh the speaker should be asked to come back to the City Commission meeting if he wants to pursue that issue. Chair Taylor: Thank you. The second question dealt with um, um, training? Mr. Norfus: The knowledge Chair Taylor: Yeah, knowledge. Brother Norfus: The knowledge and training that would be required as far as making certain decisions, as far as designing, as far as townhouses versus condos, as far as homes, and so forth. We all have our ideas but there is training that is provided and can be provided and it is available. Uh, the question is, are you gonna access yourselves of those uh, do you already have them or you're just gonna go by your gut feeling? Chair Taylor: The board is, uh basically to set policy for its programs. That's why we hire staff who has the expertise in these fields, and we listen to their advice. We listen to comments fram the public. When a developer comes in, they come in with expertise and backgraunds on development. We listen to what they are praposing, and that's our 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 job here is to set policy and to, to take the guidance of the people who are expert in those fields. Board Member McCray: Let me address Mr. Norfus in regards to myself. First of all, about once or twice a year, I do take classes. I'm just saying that's why I watch what other people are doing so, as far as what the CRA is doing and redevelopment and stuff like that, I've asked people what have they done. You know I've went and viewed things. I'm just saying I'm very much abreast on what is happening. That's why I have not moved as fast as people thought I should have moved because I have not liked what I've seen going on here in the City of Boynton because, I'm just saying, we was all given a can of worms that got out. I'm just saying that nobody really know how to get them back in and I'm just saying I am trained, sir. That's what you need to know about me. I can speak for myself only. Mr. Norfus: Yes, that's what I was asking was, are you--all currently had the training or do you not feel it's necessary or will you be getting it? Um, I understand that policy and pracedures is what you, uh--but still, that was the question. Chair Taylor: I'm comfortable, I'm comfortable making decisions with the information I'm pravided. Mr. Norfus: So, there's no training? Chair Taylor: I've been, I've been down this many times. I've served, I'm on my seventh year as Mayor. I've handled a lot of development... Mr. Norfus: Okay, experience. Chair Taylor: I have the experience in this City. I have the experience and the background. Mr. Norfus: Okay, so, there is no fees or um, as far as the um, attorney, I don't believe he answered the question. Chair Taylor: Yeah, he did. The City Attorney of course will be paid for his time spent on CRA issues. Mr. Norfus: So it's a separate- Chair Taylor: It's a separate fee that is charged for this, yes. Board Member McCray: That's by the CRA, correct? 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Yes. The CRA pays that. Board Member McCray: I just want to make sure. Mr. Norfus: And any questions concerning the makeup of the board will have to be addressed at the City Commission. Chair Taylor: Yes. Brother Norfus: Thank you. Chair Taylor: You're welcome. Rod Silverio: Good evening, uh, Rod Silverio, 10 Velaire Drive, I just have one quick question for clarification. Why was the CRA Board originally created for, independent of the City and Commissioners at that time? Thank you. Chair Taylor: Normally, um, I wish I could give you a definitive answer on that, but I think it's uh, many cities go that raute to do an independent board. I don't know if anybody else has a better clarity on that, but while this Commission was, acted as a CRA Board way back when we first started it, but as it grew and became more involved, it felt like it was good to have an independent board to look at those things. There's a lot to cover and uh, this uh, we are now taking on that thing in this transaction. I would probably think that down the line in the future, I don't expect this in the next few months, but in the future, I would expect that two things could happen. Either we would add people to this board, some people fram the community, add to this board to make it a seven-member board possibly, at least, or we would go back to an independent board somewheres down the line. But that's the two options we have. Or remain as we are. Board Member McCray: Let me address that fram what I see. You know, just from the time that this board was dissolved and we took on the responsibility, okay? Prior to that I did not serve on the CRA Board. I'm going to be honest with you, sir, and the amount of work that has come to my house, my home, I have been inundated with paperwork. I got a briefcase I am dragging araund. I don't know if anybody else want to drag theirs but I am because I am overwhelmed now with work. I'm just saying because when it gets to the budget that I have to look at, I have a whole lot of questions because we are inundated, we work as Commissioners and we have overtaxed ourselves. This is my opinion, sir. I try to step up now to the plate so that we are going to serve as the CRA Board. I do not feel comfortable, sir, at this point. Thank you. Chair Taylor: Yes, sir. 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Herb Suss: My name is Herb Suss, uh, resident taxpayer of the City of Boynton Beach. I want to know whether uh, when the Intown question comes up- Chair Taylor: Oh wait, that's on the agenda. Mr. Suss: No, no, I said. I'm asking a question whether I'll be able to talk about it at that time. Chair Taylor: Yes. Mr. Suss: Okay. I wanted be assured. I have a problem, and I like Mr. Cherof, I really do. He's a great guy. However, in lieu of what the Commission did in getting rid of the um, CRA Board, okay, I feel that for the public, I, as a citizen, would feel much better if we had a, Mr. Spillias or somebody to, 'cause he knows about it, to help you out and uh, I would feel more comfortable of having another attorney, an independent, uh, other than an attorney that serves on both sides of the aisle. I, I raise that question to instill more confidence in the community. I have, like I said, high regard for Mr. Cherof, but I still feel that uh, what was done, and I'm an unhappy camper what was done, so to, and I think everything'll be okay, but I still would like to have an independent attorney, whether it be Mr. Spillias or somebody else. Now, uh, Commissioner McCray brings up a very, very, very interesting point, okay? You gentlemen work hard with the Commission, you do. You got a million things going on, you got books this wide and this big. Now, and you're doin' that job, I foresee a prablem where you're gonna be inundated with the CRA uh, stuff. There's no question in my mind bout it, and I'm not too comfortable with that either. In other words, um, you got, um, like our Congress does, they, they pass bills and the, the laws are about a thousand pages and they don't read 'em, okay? Now you're gonna have a lotta paperwork with the CRA Board, I know you got a very fine uh professional staff to advise you and everything like that, but you gentlemen, and I'm a taxpayer, you're gonna be spending my money. I want clarity and to read all that material, 'cause I see you come in for the Commission Meeting yea big, and the same thing with the CRA. I, I hope, and you're gonna be up to the task, I have my doubts because it's an, its overwork. You can just about, you do so much and something is gonna short' circuit somewhere along the line and, again, I wish you would take up, uh, a discussion about having a different type of lawyer to, to type of uh...you know? Okay. Thank you. Chair Taylor: You're welcome. I would just respond by saying uh, as I said, I don't know if any of the others were served, did you serve, uh we served uh when the Commission was a CRA before and, and Attorney Cheraf was our attorney. There was never any prablem. There was never anything braught up fram the community. It ran smooth as silk. I think it'll happen again. I will say yes, it's an additional work on us. However, I will remind you that uh City Commissioners are considered part-time people, 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 not a full-time job and, uh, so, and, yes this is an additional thing but uh, I don't have a problem. I've done it before and I feel comfortable doing it again. Board Member McCray: Let me make a comment to that. I'm just saying we're considered as part-time employees and with pickin' up the CRA, I'm another part-time employee. I'm considered, not, almost as a full-time. That's all I need to say to after that, okay? This is a lot of work. Board Member Weiland: I'd like to briefly address that myself. Um, we have assumed the responsibility of the CRA and ah, for myself, assuming that responsibility as a CRA, I will take on the responsibility of reading all the material. I already have, I have been inundated with material such as you, Commissioner McCray. Ah-- Board Member McCray: Maybe you can answer some of my questions when I get to them, sir. Board Member Weiland: And ah, you know, so, you know, it takes time to work through everything, but that's our responsibility, and I think as board members, ah, we'll all assume that responsibility and handle that responsibility, ah. I have a full-time job. I'm a Commissioner part-time and I'm a CRA Board member part-time, and uh I enjoy doing it all. And uh-- Chair Taylor: No rebuttal, no rebuttal. Board Member Weiland: Uh, I will do uh, every bit of a hundred percent to be aware and uh make meetings and uh, be accessible, ah, in order to complete this task. As far as uh, this attorney is uh, goes, my opinion on that is I've worked with him in the past as a CRA Board member, as a Commissioner, I'm very comfortable working with his, not only ah, Mr. Cheraf but his entire firm. I've um, met with other attorneys in the firm. I have a relationship. I can, you know, I understand him, and uh, it's a very smooth flowing process. I wouldn't want to start over with a new attorney that I had to ah, you know, develop a relationship with, and uh, come to understand. Chair Taylor: Okay. Mr. Suss: No, it's not a rebuttal. Chair Taylor: Sir, you had your three minutes. Mr. Suss: No, no, well, I didn't, well, other people stayed up here a little longer. Chair Taylor: No, I, I'm sorry. 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Mr. Suss: If I could just have one. Chair Taylor: No I'm sorry. I gave you your opportunity. You had your comments. Mr. Suss: Well, I have one more point. When elections come up in November, okay-- Chair Taylor: Yes. Mr. Suss: Uh, if the present, uh incumbents are not elected, then we have to go back to the training board but this is gonna be a problem to get somebody up on speed, again, and, and I foresee that prablem. Board Member Weiland: That would be the case in any election. Whoever comes on board has to come up to speed. Chair Taylor: You might want to make sure they're up to speed before you vote, before you vote for 'em. Chair Taylor: Does anybody else wish to uh-yes, good evening. Wanna McCloud: 215 NE ih Ave., Boynton, to the Mayor, how long ago was it that you were a CRA Board member. Chair Taylor: It's been years. Ms. McCloud: Has not the City changed? Chair Taylor: I'm sure the City has changed. Ms. McCloud: Okay. If the City has grown since you were a board member and you deemed it need be to establish a board because of the grawth of the City, I would like to know why we digressing. Chair Taylor: Thank you. We've discussed that when we did all of this so I'm not gonna go back into it tonight. Thank you. Ms. McCloud: But, so, some of us were not here when you discussed it. Chair Taylor: Well, I'm not, I don't feel we're digressing to answer you. Anybody else wish to address the Commission at this time items not on the agenda? Seeing none, I'll close the public audience. We'll go to the agenda, and the items that were pulled., everything was-- 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McCray: Mr. Mayor, also before we do a correction, I need to pull uh B. I'm just saying since uh, I'm just saying since uh, I needed some questions about the financial report in the budget. Chair Taylor: Everything was pulled. "A" thraugh--everything was pulled, so, we'll go to item that was Approval of Minutes. Board Member McCray: Right, and the reason I had item A pulled was I was not at the agenda meeting. I'm just saying, for the CRA, and I'm just saying I cannot vote for this agenda and I'm just saying fram counsel, what is our correction on doing this because I was not there, I'm not gonna vote for something I was not sitting upon and make sure that it is correct. Attorney Cherof: It is your obligation to vote on the item and it makes no difference whether you were present at the meeting or not present at the meeting. Um, it's a ministerial task of the board to approve the minutes. Board Member McCray: Er, Let me go back and say it to you again. We was not board members then and I'm just saying I was not there, and I don't care what you tell me by this administrative, sir. I cannot vote for this in good conscience, whether I'm reading this or not because I was not there. I don't know what was said and done, what's correct. I cannot sit up here and say I'm gonna vote to apprave something and I wasn't there. I don't know what was done. I don't know if there was anything-- Attorney Cherof: May--one of your alternatives is to request that the item be tabled to afford you the opportunity to review the minutes and confirm their accuracy to your satisfaction. Vice Chair Rodriguez: May I, Chair? Chair Taylor: Yes. Vice Chair Rodriguez: Motion to approve the minutes. Chair Taylor: I'm sorry, um board member. Vice Chair Rodriguez: Motion to approve the minutes of the June 12, '07 CRA board meeting. Chair Taylor: I have a motion, is there a second? Board Member Weiland: Second. 21 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Have a motion and a second. All in favor? Chair Taylor, Vice Chair Rodriguez, Board Member Weiland: Aye. Board Member McCray: Nay Board Member McKoy: Under discussion. Chair Taylor: Under discussion: Board Member McKoy: Un, uh, I, I too would concur with the Commission McCray. Um, um, I have a concern about approving this um, as stated, uh, not having the, uh opportunity, uh to know exactly what was said. Uh, I'm being honest, I have not had the opportunity to review all of the information. Uh, trying to get up to speed with all of this, I did not review the agenda, um, the minutes um, so I, I will, I will ah vote, um with the note that um, um, there are some items, I have not had the opportunity to review that. So I would vote nay. Chair Taylor: As uh, there is uh, all in favor, all opposed, I think I have a three to two. Is that, can you do that or do we need to pull minutes and have them reviewed? Attorney Cherof: No sir. If you apprave it by a three to two, the minutes are approved as written. Chair Taylor: Okay. All in favor of the motion to apprave, say Aye again. Chair Taylor, Vice Chair Rodriguez, Board Member Weiland: Aye. Chair Taylor: All opposed. Board Member McCray: Nay Board Member McKoy: Nay Chair Taylor: Show the motion passes three to two. Chair Taylor: Item B, Appraval of the Financial Report. Vice Chair Rodriguez: Yes, um. Chair Taylor: Yes. Vice Chair Rodriguez: I have a couple of questions, please. 22 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Um hmm, take a couple... Vice Chair Rodriguez: The amended budget is $10,018,000, correct? Susan Harris: Interim Finance Director. Yes. Vice Chair Rodriguez: Okay, and, the unencumbered balance, which is basically the balance remaining for this fiscal year, is $6,458,480, is that correct? Ms. Harris: Correct. Vice Chair Rodriguez: Where is the, so basically you're saying the 6.4 million dollars and uh, is remaining in the budget. Where is the Ocean Breeze purchase for 7.1 million? Ms. Harris: The Ocean Breeze purchase came out of Bond #II proceeds, which is not shown here. This is the General Fund you're looking at. Um, Bond #II, um, was, in December of '05. Most of those praceeds have been spent and that's where the Ocean Breeze money came fram. Vice Chair Rodriguez: There a um, page where those bond proceeds are outlined? Ms. Harris: No. But I can get that for you. Vice Chair Rodriguez: Okay. Ms. Harris: That's generally not part of the monthly financial report but I'll be happy to pravide that for you. Rodriguez: So would that include the Ocean, 211 Ocean purchase also? Ms. Harris: Um. No, that was General Fund. Ms. Bright: that was General Fund. Vice Chair Rodriguez: That's out of here? Ms. Harris: That is in here already. That was under, I believe, Development. Um, and the line items aren't specified in this. You'll see the departmental line items, but, the, every particular item underneath those line items are not here, but that was in the development line of the General Fund. Vice Chair Rodriguez: Was that, all of the development projects... 23 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Harris: Um, that is down towards the bottom, where you see, under Original Budget 2.4. Vice Chair Rodriguez: Yup, I see. Ms. Harris: And then, that's where that came from. Vice Chair Rodriguez: So, you've got, um, well you had a budget of 2.3, now you're saying the balance is 3 million. Ms. Harris: Yes. Ms. Bright: Yes, that is because the incentive from the old Arches praject, I was able to rescind that money fram the Arches Praject and bring it back in and that was the money we originally were discussing to purchase the Boynton Women's Club. That's why the balance is so high. Vice Chair Rodriguez: So, that incentive was previous year's budget? Ms. Bright: Correct. Yes. It was paid out last year. Vice Chair Rodriguez: Okay. So that's why, that why the budget is 3.3 and we have a surplus in the budget, I guess you could call it, or an excess from the original budget. Ms. Bright: yes. Vice Chair Rodriguez: Okay. That's all I have. Board Member McCray: I have questions. Okay. I, I'd like to start with page one and if Board Member Weiland want to help me, I'm just saying, I don't mind because he say he understands. I don't understand all this. TIF income. Can you tell me what we're doing with 3.25, and I have a few of these. I'm gonna just keep goin' down. If anybody want to jump in and explain this to me, you know, I will, I will welcome the opportunity because I need to know. Ms. Harris: The negative 3.25 means that we actually received more TIF income than we anticipated when the budget was developed. Board Member McCray: Okay. Let's go to Festivities and Event Income. We'er spending like we got like 623.08. I'm used to seeing 100 percents and I'm trying to find out how we get to 623, you know, I'm not a rocket scientist but I'm usually-- 24 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Harris: When the budget was developed, we did not have the Special Events. Only fram the fact that we had the events, we didn't have the um, staff person and that person didn't come on 'till November. So those costs were, uh, after the budget was already appraved, so I know that we share 49% of Kathy with the City and 51% of the City. So I'm sure we didn't budget enough money in that area, specifically since we separated it from Marketing this year, so we prabably did a bad job of budgeting. Board Member McCray: No problem. I am also somebody that don't understand this budget, so I'm gonna keep asking questions, okay? Investment Income. There is a negative 78.64%. Can you explain that to me, and I do apologize. You know, for not having served on the CRA Board before, I'm asking dumb questions. Ms. Harris: No. Board Member McCray: -- because everybody seem like they know, okay? Ms. Harris: No, no, there's no dumb questions and there's no need for apologies fram anybody. That, this line means that we received more in investment income than we anticipated at the budget year, so we're over budget to the positive in investment income. Board Member McCray: Okay, let's take the next item, Insurance. Why are we showing a negative 9.21? Ms. Harris: That insurance line, that's all life insurance, and that is because we had two new staff members join during the year, and um, oh I beg your pardon. Board Member McCray: Thank you. That's your new staff. Ms. Harris: I'm sorry, I'm sorry. Board Member McCray: 'Cause you said "I beg your pardon." Ms. Harris: I'm sorry, yes. Board Member McCray: I'm trying to think about maybe you're on the wrong page, I'm on the wrong page. Anyway, the next question is that, are we utilizing the same ah, insurance that the City utilized because they had a 3% decrease. I'm just saying are we utilizing same company? Ms. Harris: No. We're not and as a matter of fact, I'm working, I don't know if Chuck Magazine is here, but he's been working with me on reviewing our insurances and 25 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 making sure that we get um, uh, the, everything is appropriate and qualified, and he'll be working with me for the new budget year also on our insurances. Board Member McCray: Okay. Thank you. Marina Project. Okay, we got a 54.39 minus. Ms. Harris: Yes. That is because, that's an expense line and you'll see our expenses are more than we budgeted. Since the Marina came on line after the budget year, you have to offset that negative variance against the positive variance above for Marina rental income, and you'll see that actually, if you take the negative versus, if you take the expenses versus the revenue, we are positive for the Marina. Board Member McCray: Good. Okay, let's go to TIF Collections. We got a minus 3.25. Ms. Harris: Talking about the first line? Board Member McCray: I most, page 2, yes ma'am. I'm, you know, I, I don't understand. I'm not gonna sit up here and you know, I got to have me some answers with what's (indaudible) -- Ms. Harris: Um page 2, page 2 thraugh 26 are the details of everything on page 1. So, that again, the TIF income is more than what we anticipated at the beginning of the budget year. In other words, we budgeted for 9 million and we actually received 89.2 million so we are positive in that line. Board Member McCray: Okay. Marina Fuel Sales. We got a minus 107.38. Explain that one to me. Ms. Harris: This again is a revenue item so we, you'll see that's an amended budget item. We thought that we were only going to receive $203,000 for the entire year for fuel sales for the Marina but so far, the year-to-date, we have received over 420,000 so that is a positive variance again. Board Member McCray: Let's go to page. Miscellaneous, under Purchased/Contract of Service, we got 107.27. Ms. Harris: This, this um budget for legislative is actually the board's budget page and Miscellaneous uh, uh, represents some charitable contributions that were made, that were not anticipated at the beginning of the budget year. Board Member McCray: Okay, you said this is the, the board page, that's us. 26 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Harris: Yes. You're, you're, yes. Board Member McCray: I don't know anything about this. I'm just saying you know, so maybe somebody else would say they know everything. I don't know everything. Explain this entire page to me. I'm must saying, tell me what chari--, what are you doing on this page for us? Ms. Harris: Okay. These are things that we anticipate are going to be spent by the legislative body during the year. For example, under Contract Services, that is, that is basically the minutes that are being taken at each meeting. That's considered a contract service. So that's part of that $6,000 in your uh, original budget and $7,000 in your amended budget. Board Member McCray: So what we're doin' is reimbursing the City for sitting here doing what they're doing. Ms. Harris: Yes. Board Member McCray: Yes. Thank you. Okay. Let's keep on f1ippin'. I do apologize 'cause people say that they know. I don't know. Let's go to page 8. General Property Coverage. We got 12.25. Explain that one to me. And I was an accounting major in college so I know what I'm doing, so--I'm on page 8. Ms. Harris: Okay. This is additional insurance coverage that we needed for um, the fuel dock, when we purchased the fuel dock at the Marina. Again, this was something that was unbudgeted at the beginning of the budget year. I came on board, I think, in November, and so we didn't budget insurance for that, for that, and also, for the property at 211 Ocean, um Avenue. So that cost us in addition. Board Member McCray: We purchased a field dock, that's what I want to know. What did you say we purchased? Ms. Harris: A field dock. Board Member McCray: Thank you. I didn't know this but you know everybody else may know. I don't know. I'm sorry. Let's go to number 9, Building & Demolition. We got a 9.21. Explain that one to me. Ms. Harris: Yes. This is a line that we have in the budget for the demolition of properties that we purchase. In other words, if they're not going to be renovated and they need to be torn down, that's what this line item is and, um, we have purchased additional praperties during the year that were not anticipated, and that's why we are over. This is an expense item. We are over budget by nine percent in that line item. 27 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McCray: Okay. Page 11, we got Property and Maintenance Costs, 6.17. How did we get into that kind of business? Explain that to me. Ms. Harris: Okay. Again, this is the maintenance of all the CRA properties. That's the um tree removal, debris removal. There's lot of waste. Um-- Board Member McCray: The lawn mowing, right? Ms. Harris: Lawn mowing. Correct. When we purchased Ocean Breeze, the Ocean Breeze praperty, that entailed, I think it was $1,100 expense just to clear all the debris off of that property, and that's what that line item is. Board Member McCray: Okay, explain to me, on page 12, the Marina Fuel Station Overhead. We got 35.11. What is that overhead charge that we're pickin' up there? On page 12. Ms. Harris: Um, marina overhead is the management fee. It's also items such as bank fees, credit card fees, um, that's in that line item. Board Member McCray: Okay, drop right down to Marina Diesel Sales Tax. That money is 88.06. I know you prabably don't know what the sales tax was gonna be so-- Ms. Harris: That's, that's correct. We have to pay the sales tax on diesel fuel sales, and that's what that line item is. Board Member McCray: Okay, page 14, Accounting, Licensing & Support, we're 9.75. Explain that one to me. Ms. Harris: Yes. That's again an expense item. The art financial software um, comes with a licensing fee and a maintenance fee, software maintenance fee, and support fee each year, and that is an overage. It's more than we anticipated. It's over by $423 for the year. Board Member McCray: Okay, did we use any software like cross-references with the City? I'm just saying, did we... Ms. Harris: No, no, no we do not. Board Member McCray: That's the answer to the question. Go to page 17. Tralley Marketing Costs. We got a 4.08 minus. Ms. Bright: That's for two reasons really. One, we had some unfortunate vandalism to the tralley signs and it's, it's just not the little map, it's the actual big plastic and metal 28 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 postings so, that were vandalized. So that's an expense item we didn't anticipate because of that and also, we did have to change out the trolley maps because we added two rautes to the tralley. Board Member McCray: Thank you. I didn't know that. Let's go to page 19... Chair Taylor: I have, I have a question on that item, while you're there and I'd like to--that tralley, marketing cost, that's a contract we have to market the trolley? Ms. Bright: Yes. That big, the big line item is for the um, the-- Chair Taylor: The $84,000 contract? Ms. Harris: Yes. Chair Taylor: And uh, under that, are they supposed to produce some revenue for us, as far as marketing? Uh, are we supposed to have some return thraugh advertising? Ms. Bright: No, no. That was changed last year. Um, it's supposed to be goodwill for the community to um, as far as what I would call general marketing and advertising. We were considering flipping this opportunity to the Chamber of Commerce, um, as part of their contract but when I say trolley marketing, it includes, that's what Susan is saying, includes the physical signs. It includes the maps, it includes the signs actually on the trolley, it's a whole component. Um-- Chair Taylor: Okay. I guess my question then is, are we pursuing uh, any possibility of advertising on our trolleys for, for profit? Ms. Bright: No. Chair Taylor: We're not. Okay. Vice Chair Rodriguez: I'm sorry. Question on the side. Um, so while we are contracting with them for marketing services, we still inherited the liability for those marketing items? Ms. Bright: It's not just the signs on the tralley. That's what I'm saying. The trolley marketing, in terms of a pragram, encompasses the actual signage encompassed in that there's physical signs, the ones, whatever-- Vice Chair Rodriguez: I understand that. I'm just asking so, you've contracted them for that marketing piece, but yet, we're liable for the items, the tangibles? 29 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: What happened was this is our second year of that particular thing and when we went into the contract, we decided to make it more of a community service type of thing, and getting people's business to be at a very reduced rate. We're not looking to create, you know, a huge revenue stream and I think that's, is that what I'm- Vice Chair Rodriguez: No, I'm not talking about revenue. I'm talking about liability. I just heard Susan say that we had to pay "x" amount of dollars to fix or restore things that were vandalized. Ms. Bright: Correct. Vice Chair Rodriguez: So I heard that we're paying a vendor to do the marketing and do all this work, but yet we assume liability for the work that's done, is what I'm hea ri ng. Ms. Harris: It's separate. That marketing contract is separate fram the actual physical signage. Vice Chair Rodriguez: That's two separate contracts then? Ms. Harris: Yes, the second, the signage, is not a contract. That's really a small component. The overage is five thousand some odd dollars and about $3,200, $3,400 of that is because of the vandalism and that's actually a sign company. I forget the name of the sign company that actually installs the posts and the plastic and whatever. So, that's separate from the um, the marketing contract for the tralley. Vice Chair Rodriguez: Okay. Chair Taylor: Do we have businesses that advertise on our tralleys? Ms. Bright: Yes. Chair Taylor: Yes we do? Ms. Bright: Yes we do. Chair Taylor: And it's free? Ms. Bright: Um, it's very reduced rate. I don't know if it's exactly free, but I know that last year we didn't get any advertising, and this year the goal was to create a minimum of advertising. Ms. Harris: It, it's minimal. 30 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Well, that's something we may want to look at in the future uh 'cause the trolleys, you know they run all day, uh, I assume, and araund, and that's great exposure. Ms. Bright: So it's the goal of the CRA, the former CRA Board, that when we went to contract, um, Mr. Chair, that we were going to work with the Chamber, um of our relationship with the Chamber, and work with them as maybe making that as an opportunity available as part of their package. When you join the Chamber, would you get so many free trolley signs to advertise your business, so we're going in that direction. Maybe when we go to budget, we'll look at um, another opportunity that might be of more interest to this board. Chair Taylor: Thank you. Board Member McCray: All right, the next question, you said, when you go to budget. When do you all expect to go to budget? Ms. Harris: I believe those dates are set as August 9th and August 30th. Board Member McCray: August 9th and August 30th. Okay, back to 19. Board Member McKoy: Before you move forward, Mr. McCray, this is an issue I have, not necessarily concerning financial issues, but with the tralley. I observed the trolley making a U-Turn on Seacrest Boulevard last week so if staff can have that addressed, I would appreciate it. Board Member McCray: That's that twelve fifty. Chair Taylor: Okay. Back to.... Ms. Bright. We'll talk, we'll talk to Molly. Board Member McCray: Page 19. Associated, Association Meetings and Seminar. Is that for your, is that for this board here, or that's for the employees? Ms. Harris: That's a staff department. That's our Marketing and Communications Department and that's overage in um, conference fees and related travel expenses. Board Member McCray: Okay, what, where does this board fall on this page or did we come on this page? I'm just saying like for conferences, etc. Ms. Harris: That's on page number--just give me one moment here, that's back in the beginning. 31 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: Legislative-- Ms. Harris: Yes, it's page number four, and you'll see that's the, it's the line item that ends in 225, its 0151010-225. Board Member McCray: Hold, hold on, that's 225. That's the 36 thousand, that's the, unencumbered balance that is $12,281? Ms. Harris: Yes, that's what's left in the account at this point, so you have, you have travel money available. Board Member McCray: They're year-to-date balance is $22,218. Ms. Harris: That's correct. That's money that's been spent since October 1st of last year for conferences such as the IDA, the FRA, which are typically in the fall of the year. Board Member McCray: That was for the board. Ms. Harris: That was, yes. Board Member McCray: So the board this year, this far has spent $22,218. Ms. Harris: Correct. Board Member McCray: Thank you. I'm on page 19 now. I didn't know this. I'm just saying you know, 1-- okay, let's go. I've done that one. Uh, Okay, sorry. Page 20, Associated Meetings and Seminars. Now we picked up $890.28. Ms. Harris: Yes. That's because this was a new staff position that was added in November of last year and there was no budget except for a minor amount for um, travel and seminars and conferences. Board Member McCray: That was for a new staff position. Ms. Harris: That's correct. The Special Events Manager. That's a shared position. Board Member McCray: Oh shared, okay. Thank you. I'm on page 24. And the Life Insurance is gonna be the same thing, $18.50, the same thing you told me prior? Ms. Harris: Yes. 32 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McCray: I want to personally thank you for answering all my questions because uh, I did not know why we was carrying all these minuses dealing with the budget, but you did fantastic. Thank you. Ms. Harris: Thank you, you're welcome, any time. Board Member McCray: I'm, I'm sorry I'm the lame duck up here... Ms. Harris: No prablem. Board Member McCray: -- because I didn't do it before, and I need to get things before I start voting. Thank you. Vice Chair Rodriguez: Susan, one more question. Is the debt service outlined in the General Fund the debt service that is paying for that bond too? Ms. Harris: Yes. That's all our debt service. Bond I, bond II, and we have a Bank of America loan, and we also have a loan to the Related Graup for the Marina. That total, just to-- Vice Chair Rodriguez: So. Ms. Harris: --maybe anticipate a question. The total debt service for this year and for next year's gonna be $3.1 million. Vice Chair Rodriguez: Okay, I just, I guess my question, follow-up question is, when is the debt service due because we're in, no, we're in July, and you still have probably 80% of the debt service available. Ms. Harris: September. Vice Chair Rodriguez: September, okay. Thank you. Chair Taylor Taylor: Thank you. Any other questions on that item? Board Member McCray: Motion to apprave. Chair Taylor: Is there a second? Board member Weiland: Second. Chair Taylor: I have a motion and second. All in favor? 33 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor, Vice Chair Rodriguez, Board Members Weiland, McCray, McKoy: Aye. Chair Taylor: So the motion is unanimous. Next item is C, Appraval of Funding up to $20,000 from the Residential Impravement Grant pragram to Nancy Schneider for properly located at 527 NW 10th Avenue. Yes. Yes. We'll go with him and then back to you. Board Member Weiland: Um, just on this one particular item, h, I have a prablem with the policy. Uh, and I'd like some clarification fram the staff as well as uh, direction fram the board. Uh, I can understand, let me see where I'm at here. I can understand uh, appraving D thraugh G, or through H, uh, but the first one, where we are being asked to approve a $20,000 expenditure, and I understand it's a dollar-for-dollar grant, uh, matching grant, because it's a rental praperty and it's being used for investment, but that's where I have a problem with the policy. Spending uh, the taxpayers' money, I, I just can't, if somebody's using this property as their investment praperty for their personal financial gain, uh, I feel that they should, you know, should not be able to receive any assistance from us. Uh, B through, er D thraugh H, different story. They're owner occupied, people are down on their luck, they don't have a lot of money, they need assistance and if we have the means and the transportation to get them to where they need to be to be able to fix up their homes, I certainly think, you know, that's our moral obligation to help them, if that's what we do. But as far as, um, supporting somebody that, as I said, has a, a rental praperty and they're using it for their personal financial gain, I, I just, I don't agree with that policy, and I'm basically, once discussion's done with this, I'm gonna ask for a motion to table this decision and revisit the policy uh, before it goes forward after that. So, just-- Vice Chair Rodriguez: Uh, you want, um, all the questions first, and then, maybe you could-- Chair Taylor: Yes, let's ask our questions and then you can answer, if that's okay. Vice Chair Rodriguez: Um. Chair Taylor: I have a couple myself. Vice Chair Rodriguez: I guess, a couple of questions in general about the program oversight. Um, now do we get estimates fram the homeowner or do we provide estimates on the actual cost, perceived cost. Um, the $400,000 work pragram, I want to know where it tied to the budget. Um, I looked up this property. I spent a lot of time reading all of this today and, uh, I looked up this property and this property is actually owned by a Limited Liability Corporation called "Ness 527" and it's not owned by Mrs. Uh-- 34 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Schneider. Vice Chair Rodriguez: Ms. Schneider. Ms Schneider is the agent for the corporation. This is a corporation and she has, she has like three other properties in Delray Beach. Uh, so I'm concerned about, you know, now we're, now, did we get financials from a corporation? I mean, how does that work. Um, talks about, um, $20,000 for the list of contractors. I guess I'd like to see a list of the contractors and the rent rail. I guess I'd like to know what the rent rail is. I guess I'd like to have more information with these proposals, um, more details, in the future. Uh, let me see, I've got one more question here. There's a, there's a, in this particular item, there's a CRA staff project recommendations on the last page, last page of this, a, item C. Chair Taylor: Item C? Vice Chair Rodriguez: Yeah, the last page, um. Chair Taylor: The recommendation I see is right on the front page, recommending approval. Vice Chair Rodriguez: No, no, no. There's, the last page is called "Praposed Redevelopment Board Program for the Heart of Boynton Beach Community Fiscal Year 2006/2007." CRA's Staff Recommendations. Chair Taylor: Yeah. Vice Chair Rodriguez: And, um, I guess, as a side item to this item, I'd like to have, it's not tied to this? It's an error? You're shaking your head, so, what, do you want me to ask my question or no? Ms. Bright: Go ahead. Vice Chair Rodriguez: I guess this is in here in support of this item, and I would like to have uh, for a future agenda item, I'd have to, or, information or I'd like to have an update. This is a plan, which is a good plan, and I'd like to see what the de--you know, how we are measuring up to the plan and where we are on each one of these items. Uh, just as a request. And those are my questions. Chair Taylor: My, uh, a couple of things I wanted to ask about. This is only for rental property and uh, I too could prabably not have any prablems with the ones after that because they're, like I say, owner occupied and, uh, they need help. And I'm, so I guess, when you go to, to uh making sure that they qualify, I, I'm guessing that you must look at the income of the owner who owns that rental praperty to see whether they're, stop me if I'm wrang, to see if they're income qualifies them to get the--I'm 35 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 seeing that it does. Which, I have some questions that were braught up, that it's not even owned by Hertz. Another agency. But, um, my other question here is, they have to match the money $20,000. We're giving twenty, which means that owner has to have $20,000 to match it. So my question there, couple questions came to my mind there. How do we track that that owner puts their $20,000 in, and, secondly, I guess, a question that popped into my mind immediately, if they have $20,000 sitting there, ready to put into this property, why haven't they been working to upkeep it to start with. Why hasn't their money already been in there making some of these improvements and say, okay, we put in our twenty. We ran out. We need help, 'cause we still haven't braught it up because, almost to me, I look at these pictures as almost a Code violation that should have been, as owner, they should have been pressured by the City to, to imprave these things to start with. So I guess that's my question is how, why, why their $20,000, how do we track that, that they're even putting anything into it. Second question which you prabably have answered for me, is um, how do we pratect the person that's living there, that they don't, once it's all improved, that they don't' get thrawn out, or their rent doesn't go up, and how long do we pratect them? Once we make this a livable domicile instead of what it is today, how do we help the people that are living there that they don't get an increase in rent or they get thrawn out and uh, the one other thing that I have, I'm sorry to thraw all these at you but, maybe uh, one of the things under your CRA staff recommendations, uh, under there, item 6 was uh, Contract with CDC to Administer the Residential Improvement Program. And, uh, is that, I'm assuming, that might be that they do the, the background work on these prajects to make sure these people qualify, and then we give them, I think it's $3,000 for each one they do, but, there's an amount here of $25,000, and I'm wondering, is that $3,000 come out of that $25,OOO? That's all I'm wondering. I think that's plenty. Yes, I think we're ready. Vivian Brooks: All right. Vivian Brooks, Assistant Director. Um. What, um, Commissioner Rodriguez, err, Board Member Rodriguez was referring to under the praposed redevelopment work pragram, that is an adopted pragram that is in the budget out of Bond II. The board, the prior board approved allowing rentals to be in the residential improvement program, but they are the only ones that have to do a dollar-for-dollar match. The, um, just like in our commercial facade grant pragram that we've been doing for the last five years, the owner has to show their match first. It's a reimbursement. They can't just come in, we don't write them a check and hope they do the work. Board Member Weiland: Can I stop you for one second, I apologize. But with the facade, they have to be able to show that they're praviding jobs as well. Ms. Brooks: No. Chair Taylor: No, no. 36 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Brooks: No. That's not true. Ms. Taylor: That's not true. Board Member Weiland: There's something of that nature-- Ms. Brooks: No. Board Member Weiland: --for a grant. Ms. Brooks. No. That's Palm Beach County Economic Development Regions Grant requires job creation. Ms. Bright: That's a much larger amount of money. Board Member Weiland: I was a board member of the, the CRA in the past, in back in like 2001. There was a grant program, a facade grant program to where, 'cause Kevin Scully received one for his store and there were a few other places, but they had to show that they were providing jobs, and I think Kurt might be able to help me with this, but, uh-- Ms. Brooks: The program that's currently in place is-- Board Member Weiland: It could be a different program. Ms. Brooks: Yes. Chair Taylor: It is. Ms. Brooks: There is no job. Um, it's simply to make the commercial quarters look better so people want to put their businesses there. Um, the Palm Beach County Development Regions Grant pragram, which is a much larger grant of 50,000, which is matched up to 25,000 by the CRA, does require job creation by the County. That is true. That is true. Board Member Weiland: I apologize. Continue. Ms. Brooks: Okay. Um, in this case, um, the board approved allowing rental praperties. Ms. Schneider did put an application in. She, her income does meet the guidelines for, her income does not exceed 120% of, um, Palm Beach County median household income. The praperty is owned by a company that Ms. Schneider is the owner, of which is not uncommon in rental praperty to own it in a LLC. The rental praperties, if they're granted, um, if they're awarded a grant, they have to sign, the 37 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 owner has to sign and execute an agreement that says they will not raise the rent by more than the CPI for the next three years, so they are tied to that. We, we, that was one of the things that the board discussed was they didn't want to go ahead and put money into a praperty and then the owner turns araund and says, oh it's such a great praperty, now we're gonna raise the rent, and displace the families that are there. Um, Ms. Schneider did submit to you some tax returns that shows the income fram her rental praperty, and actually, there is very little income fram this rental property. She got damaged by the hurricanes, just like everyone else. Her praperty did. Um, what she's asking to have improved, we will get estimates. We have continuing contracts with two general contractors that the board already's executed. We will, when we have about, when we are, if these get appraved, we will put a scope of work to both those GCs, and they are gonna give us prices, and, um, then we'll see what needs to be done. Some of the things that, that they might not, that people might know needs to be done. Sometimes when you pull a window out, there's rotted wood and things like that, and a GC will be able to see a lot of that stuff, so that's how we go about it. We're gonna send them a group with a scope, give us a price, get two bids from both those GCs and uh, will accept the one obviously that gives us the better price, and we'll move forward and get the work done. Ms. Schneider will have to put her money towards the GC to pay for her share. Her share probably will not be 20,000. It probably won't end up being $20,000. If you look at the house, it's not in that bad a shape. It does need some windows. Um, it really should have um, not window units, 'cause they're not very energy efficient. Um, so it, I doubt that our share will actually be $20,000, once we get the estimates. Chair Taylor: Yeah, it's up to--it's up to, but she has to match us dollar-for-dollar. Ms. Brooks: Dollar-for-dollar. Chair Taylor: For every dollar we spend she has to spend. Ms. Brooks: Just like our commercial facade. Chair Taylor: Right. Ms. Brooks: Which you'll see some of those commercials. Board Member Weiland: One other question, Vivian, um, page 1 of 1, where there, it shows the plat of the neighborhood, ah, the first block to the right, ah, has that location, 527 NW 10th Avenue-- Ms. Brooks: Right. 38 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member Weiland: And then the mailing address is 41 East Road. Would that be ah, Mrs. Schneider's address? Ms. Brooks: That's her address, yes. Board Member Weiland: Okay. Ms. Brooks: It's not a homesteaded property. Board Member Weiland: That's uh, Atlantic Avenue and the Intracoastal in Delray Beach. Ms. Brooks: I, I don't now. I didn't look up her personal address. Vice Chair Rodriguez: Do we have financials for the LLC? Ms. Brooks: Her, uh, she files that income on her own personal tax returns. Vice Chair Rodriguez: Yes. If she's an LLC, she has to file an addendum to her personal. I mean, it goes against-- Vice Chair Rodriguez: I have '05 and '06 returns, and she's got that address property, um, and the other two on there, so, she gave me the income on those. Vice Chair Rodriguez: What's the rent? Monthly rent on that? Ms. Brooks: Um, she shows the rent as twelve hundred, it's a family of four. Vice Chair Rodriguez: Twelve hundred a month? Ms. Brooks: Twelve hundred a month. I believe she said it's a Section Eight tenant, I believe. I don't remember off the top of my head, but I believe it's a Section Eight tenant. Chair Taylor: Are we sure? Vice Chair Rodriguez: Do, do we, do we know if there's insurance proceeds? You talked about the hurricane? Ms. Brooks: She did the, she did the raof, the raof was done so that, some may just be that this, the windows are old. If you look at how they put the, the window units in, they basically chopped out the bottom half. Um, she bought it like this. Um, chopped out the bottom half of the window and stuck in plywood and, not a very attractive look. 39 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: You know, um I know that several of you up here are interested in impraving the overall beautification of the City. I think it was the thought pracess of the former CRA Board that it was going to be, kind of look weird, if we were impraving residences, ah, that you know were owner occupied and we didn't do something with the other homes in the neighborhoods so I think that was their premise. Certainly the pleasure of this board, if they want us to revisit the policy and stop focusing on these type of, of um, you know, opportunities. Ms. Brooks: I do want to point out that, um, approximately 50% of the buildings in the Heart of Boynton are rentals, so if we're not willing to put some money into those, we may not see as much impact as we might want to see, um on the street. Vice Chair Rodriguez: To, let me um, (inaudible), so we get the two contracting um, GCs to give estimates. We then select the least expensive uh, Gc. Let's, lets assume that the estimate is $12,000. Do we then immediately go to the owner and say, "we need $6,000 fram you"? Ms. Brooks: We'll prabably have her do, she'll pay the first, she'll pay the first money, and her money will be the first money in. Vice Chair Rodriguez: Does she pay you or does, or does she pay the GC? Ms. Brooks: She'll pay the Gc. Vice Chair Rodriguez: How do we know that's really taking place? Ms. Brooks: How do we know what? Vice Chair Rodriguez: How do we know if she's really paying the GC? Ms. Brooks: We'll have to get, just like on our commercial grants, we ask for a cancelled check, frant and back. Vice Chair Rodriguez: So, at the end of the day, when all is said and done, and the praperty gets redeveloped, do we go back, do we audit these properties? Ms. Brooks: Audit them for compliance? Vice Chair Rodriguez: Yeah, make sure the work got done? Ms. Brooks: Oh yeah. Vice Chair Rodriguez: The GC got paid? 40 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Brooks: Yeah, we, we'll be paying our share, so we'll, they have to show us that the permit is signed off, if it, if the work requires a permit. Yeah. We do the same thing in a commercial facade grants. If there's a roof, we need to show that the permit's finalized and all that stuff. Vice Chair Rodriguez: So, you don't, you don't request the uh estimates until after we apprave it? Is that correct? Ms. Brooks: Right. Because we need to know what, I don't want to have the GC go out and do all that work, the scope, and then the board doesn't approve it. It's, so, it'll, it will, we're sayin' up to twenty, it may not be twenty. In some cases, it may be less. Vice Chair Rodriguez: Thank you. Board Member McKoy: I just have a question. How many projects like this have we done to date? Ms. Brooks: Excuse me? Board Member McKoy: How many prajects like this to date have we done? Ms. Brooks: I'm, we... Board Member McKoy: Just an estimate. Ms. Brooks: We have approved, this is a relatively new pragram. I, we have done one other, one in conjunction with the Community Impravement Department and that has not gone thraugh because she had a for-sale sign out frant. So that did not go thraugh. Vice Chair Rodriguez: What? I'm sorry. Ms. Brooks: We, we approved it. The former board approved it, but the person who applied, the applicant had a for-sale, put a for-sale sign in front of her house before we actually did the work, so that didn't go far. Board Member Weiland: So, actually just one rental praperty has been appraved for-- Chair Taylor: That wasn't a rental. Ms. Brooks: This is the only rental property so far that has come in. It's the only application we've received so far. 41 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McCray: Vivian, my questions is, that dealing with Section Eight, where does the funds come to pay Section Eight rent? Ms. Brooks: Section Eight rent comes fram HUD. Board Member McCray: So that's another-- Ms. Brooks: And usually, um, they, the person has to pay some portion of it. It depends on... Unknown voice: Small portion. Ms. Brooks: Small portion. Board Member McCray: That's another government agency, okay, so, we're double dipping. I don't have a prablem. Chair Taylor: The uh, $25,000 number, is that where the money comes to pay the CDC's? Ms. Brooks: Yes. The CDC is paid Chair Taylor: What is that? Ms. Brooks: -- paid on a percentage basis. They're really only doing, the work they do is the income qualification and the intake. They do that part for us. They don't handle the-- Chair Taylor: I understand that. Ms. Brooks: --getting the-- Chair Taylor: I understand what they do. Ms. Brooks. Yeah. They don't get $3,000. Chair Taylor: Is that comparable with, pardon? Ms. Brooks: They don't get $3,000. Chair Taylor: Well, I had to sign checks last week for $3,000-- 42 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Brooks: That was for the Homebuyers' Assistance, they, um, the appli.... appraving people for down-payment assistant. That's a different pragram, and there's some of these on here tonight. Chair Taylor: Yeah, okay. Board Member Rodriguez: Can, can I request for the future that those details, the work that the CDC does and things like that, are included in these praposals so that we can have less questions when have information already, please? Ms. Brooks: Okay. We have contracts with them currently to administer that portion of the work, uh, for the residential improvement and for the Homebuyers Assistance Program. Chair Taylor: I have one last question. My last question is uh, it says here that this pragram is limited to the Heart of Boynton. If this is a good program, why wouldn't that not be open to the entire CRA area, because there's got to be people out there that would qualify outside of that areas. Ms. Brooks: Bond II, that was issued in December of '05 was an Affordable Access Bond. All pragrams and proceeds for that bond were supposed to be effectuating redeveloping of the Heart of Boynton. Chair Taylor: Thank you. That answered my question. Board Member McCray: My question is that the Mayor, rather the Chairman of this board, just stated that he signed checks, uh, he signed checks last week. I'm just saying, when we have uh, a new Mayor, or anybody that's taking over, that was a resolution brought before this Commission authorizing them to sign, ah, was we supposed to get something in writing saying we authorized him to sign checks? I'm just saying although he was appointed, I'm, I want to make sure everything is covered. Ms. Bright: I believe that, in terms of the Interim, we had to, I, I made an assumption that he would be the Chair in the Interim. It's now official. I believe Susan was going to work with um, Vice Chair Rodriguez and get his signature um, okay, so that's taken care of, so now we have apprapriate pratocol for both of those rales and signatures. Board Member McCray: Okay, let me just ask the City Attorney, prior to doing that, sir, are we in -- was we in legal rights by going ahead and letting them do that? I'm just saying without us as a board acting upon that, I'm just saying not even...uh, you know, not a yes or a no answer, I need, you know, some hard-core...you understand what I'm saying? 43 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Attorney Cherof: I understand what you're saying, and the, I'll give you the short answer, of course, is yes. They are authorized to do that and work with staff to effectuate a smooth transition fram uh, the previous board to this board. Board Member McCray: Okay, since you said that was a smoo--I'm just saying, what was the urgency since we was going to have a meeting that it could have been brought back to this board for a vote, you know, to give them that, that authority. I'm just saying although the Mayor is elected by the City, we still have to act as, you know, as a, as a group that says, you know, this is, you know, a resolution. I'm just saying, you know, why wasn't something like that braught to us, you know. I have concerns. Attorney Cherof: I'll let the, ah, Director respond to that, but first, let me preface it by saying, and I think what you witnessed was a seamless transition rather than any sense of urgency. Board Member McCray: I witnessed a what, sir? Attorney Cherof: A seamless transition of the activity fram um-- Board Member McCray: Okay, that's what you call it, sir. I beg the difference. I did not witness a seamless transition, okay. For the record. Ms. Bright: I would, I'd like to just add, for the record, that I think that it was an unspec--unexpected departure of the board so, unfortunately, we process checks twice a month so I think that, you know, we just tried to make a seamless transition there and let that happen in the interim. Vice Chair Rodriguez: Isn't that the nat--natural progression from Chair and Vice Chair appointments that they take on those responsibilities, and that's why it took place? Ms. Bright: I think he' only talking, excuse me, I mean, I don't want to speak for Board Member McCray. Vice Chair Rodriguez: I'm, Im-- Ms. Bright: I think he's talking about the transition period 'til you were officially appointed. You weren't officially appointed 'til after those checks that-- Vice Chair Rodriguez: I just got, I just got the signatures in just today. So it will happen after the appointment. 44 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: Well that's, I, okay, I'm just saying, he's, are you referring to the interim when the checks were signed, when they were not officially appointed, that's correct. Board Member McCray: I'm saying thank you. Board Member McKoy: Uh, Ms. Director, Lisa, I would just like to, um, I'm not, um, you made a comment that it was an unexpected departure of the board. I'm not so sure if I would agree with that. Ms. Bright: Okay. From a staff level, it was. Board Member McKoy: Okay. Chair Taylor: I would just say once, uh, I would just comment, as far as I had no problems signing checks because once the other board was dissolved, it reverted back to the responsibility that we be, immediately became the CRA Board and as, uh, the Mayor of the City, I was uh, Chair of the, of, at that time, so I took that responsibility on myself to keep those uh, keep that, uh, process going and sign those checks so that nothing would be held up. Board Member McCray: Right. I'm glad you stated that you took that. I'm just saying that's the word that you said, sir, and I'm just sayin' that, if that wasn't an urgency, uh, Chairman, then I'm just saying why could that have been braught back to us as a body. I'm just sayin' we serve as a board. I'm just, I believe in things being done decent and in order, and I'm just sayin' you just said that you took the responsibility. The records has already stated that, I will leave it as that. Thank you. Chair Taylor: Yes, the bills had to be paid and-- Board Member McCray: I understand, sir. Chair Taylor: --and it had to move so-- Board Member McCray: That's all I need to understand. Board Member Weiland: Mr. Chairman? Chair Taylor: Yes. Board Member Weiland: Are we finished with discussion on item C under Consent Agenda? Chair Taylor: Unless anybody else has any other questions. 45 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Vice Chair Rodriguez: I, I'd like to make a motion to table this item. I'd like to request the financials that, um, are not attached here, for, um NES 527, LLC to be pravided in order to move forward and make a decision on this. Board Member McKoy: I'll second. Chair Taylor: I have a motion to table. Board Member McKoy: Oh, we don't need a second. Board Member Weiland: I'll second it, but I'd like to ask-- Chair Taylor: You don't need a second. It's on the table. Chair Taylor: All in favor? Chair Taylor, Vice Chair Rodriguez, Board Members Weiland, McKoy: Aye Chair Taylor: Anybody opposed? Board Member McCray: Nay. Chair Taylor: Show the motion passes 4 to 1. Chair Taylor: This takes us to item D, I believe, uh, Vice Chairperson Rodriguez, you pulled all the items. Vice Chair Rodriguez: Yes. Chair Taylor: So, let's start with you, and then go down if anybody else-- Vice Chair Rodriguez: Okay. Um, this, this one is not a matching grant. This is a, this is a, a grant that does not need any matching fram uh, the-- Chair Taylor: Right. Vice Chair Rodriguez: --the, uh, owner. Again, I, I'd like to see the, the detailed qualification that, in all of these moving forward, that we talk about, income qualified, if income qualified applicant has taken place, I'd like to see that, and then it says appraved, um, so this, there's only been one grant approved at $14,3187 Ms. Brooks: Yes. 46 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Vice Chair Rodriguez: Okay. So how old is this pragram? Ms. Brooks: It really got started, um, it really didn't start until-- Ms. Bright: January. Ms. Brooks: January, yeah. Vice Chair Rodriguez: But we haven't had, we've approved how many, is that one or two. Ms. Brooks: Uh, well, tonight, if you, we have a whole bunch in the pipeline. Vice Chair Rodriguez: No, no. I'm asking this $14,318 is how many praperties? Ms. Brooks: That's one. Vice Chair Rodriguez: That's one. So we-- Ms. Brooks: --which-- Vice Chair Rodriguez: So we've done one, one residential improvement grant program, since January. Ms. Brooks: Since January. Vice Chair Rodriguez: Uh, this property has a blue tarp? Did we, did we request or ask for insurance proceeds? Ms. Brooks: The person did not have any insurance. Vice Chair Rodriguez: Did not. Okay. Do we ask, is that something typically we ask in the application? Ms. Brooks: Yes. Vice Chair Rodriguez: Okay. Ms. Brooks: They have to show us, um bank statements showing their income, showing if they work, they have to give us pay stubs. Um, in some cases where people don't even have to file. Many of the people don't even have to file tax returns. They give us a statement from Social Security. Things-- 47 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Vice Chair Rodriguez: My question is do we specifically ask for insurance proceeds. Ms. Brooks: Yes, yes, we do. Vice Chair Rodriguez: Okay. Thank you. Chair Taylor: I did some, uh, backgraund check in how these things are researched, and I'm, uh, I found out, I'm very satisfied that it's in-depth uh, before. It's so in-depth that some people prabably don't even apply for it because it's uh, it gets very personal. But it's the backgraund checks are very in-depth. They go to the bankers, they go to the people, they go to the people, they go to the families, they go to everything and, uh, it's really a open, uh, book and uh, I feel like the backgraund checks are very intensive and uh, I'm comfortable with what comes back. So, that's where I'm on these. I think they're, they're really done correctly and, uh, so, I'm, I'm okay. By the time staff has gone thraugh that and got those reports and went thraugh themselves and looked at it, I think it's been really checked and double-checked, so, I don't have a prablem with, uh, with the information that's pravided to us in the recommendation. That makes sense. Vice Chair Rodriguez: And I appreciate your comments uh, Chair, but we're the only, you're the only one that's seen those and um, none of the other members have seen those so, we'd just like to see them in the future. Chair Taylor: I understand. Ms. Brooks: For point of clarification, may I ask, um, Board Member Rodriquez, do you want me to put their personal financial information in this board packet? Vice Chair Rodriguez: 1,1 don't, I guess I need to -- Ms. Brooks: They have their account numbers and social security numbers and everything? Unknown: No. Vice Chair Rodriguez: You've got some in here now that they're crossed out. I guess what I'd like to do is stop by the office, if I'm allowed, and look thraugh and see what information is I think would be needed. Ms. Brooks: We, we, we have all that. Vice Mayor Rodriguez: Okay great. Thank you. 48 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Okay. Board Member McKoy: I'm just wondering for the sake of time since D, E and F basically are the same, um are the questions that you have, Commissioner, uh, Board Member Rodriguez, would it apply to D, E and F as well? Vice Chair Rodriguez: For the majority it would go back very smooth Board Member McCray: Would it go D, E, F, G and H? All of those? Vice Chair Rodriguez: Well let's, let's go through them real quick cause I, I have notes so I'll - - If, if they're the same questions, then I'll obviously, I'm not going to ask them again. Chair Taylor: Okay, well, lets move on this one. Vice Chair Rodriguez: You gotta move, somebody's got to move on this one. Chair Taylor: Somebody's got to move on this one. Board Member Weiland: Motion to apprave Item - - Board Member McCray: Motion to apprave. Second Board Member Weiland: D. Board Member McCray: D. Chair Taylor: I have a motion and a second. All in favor. Chair Taylor, Vice Mayor Rodriguez, Board Members, McCray, McKoy, Weiland: Aye. Chair Taylor: Show the motion unanimous. Item E. Board Member McCray: Motion to apprave. Chair Taylor: Is there a second? Board Member McKoy: Second. Chair Taylor: I've a motion and a second. Discussion. Do you have another question on D? 49 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McKoy: E. Vice Chair Rodriguez: Oh on E. Chair Taylor: On, on E. Vice Chair Rodriguez: Um yep, the same question I had before. Motion to apprave. Chair Taylor: Okay, I've a motion and a second. All in favor. Chair Taylor, Vice Mayor Rodriguez, Board Members, McCray, McKoy, Weiland: Aye. Chair Taylor: Show the motion unanimous. Item F. Board Member Weiland: Motion to approve Item F. Board Member McCray: Second. Chair Taylor: I've a motion and a second. Any discussion? Vice Chair Rodriguez: Uh, same question. Blue tarp. Wondering if there was insurance proceeds. Chair Taylor: Okay. Same question. I've a motion and a second. All in favor. Chair Taylor, Vice Mayor Rodriguez, Board Members, McCray, McKoy, Weiland: Aye. Chair Taylor: All opposed. Show the motion unanimous. Item G. Board Member Weiland: Motion to apprave Item G. Board Member McCray: I'm gonna second it. Vice Chair Rodriguez: Um, bud ah bud, ah, bud ah bud. Chair Taylor: Motion and second Item G. Discussion. Vice Chair Rodriguez: Can, can, yes. Can I, I, I guess again, I, I'd guess I'd, I'd like to have the details. Is this the first time homebuyer pragram. Ms. Brooks: Yes it is. 50 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Vice Chair Rodriguez: Okay, because it didn't say that. So okay, so this is first time. Ms. Brooks: It's in the uh rules and guidelines for the program. Vice Chair Rodriguez: Okay. And you've got, you've got - - Ms. Bright: Possibly when you come by the office we'll have those contractual relationships that we have with the CDC available for you between um, the homebuyer's assistance and the residential improvement and administration and you'll see that their core responsibilities cover a variety of your concerns. I would think. Ms. Brooks: Just for a point of clarification, the CDC does the income qualification for us and then staff reviews those files when they come in and Mike Simon, on staff, Development Manager, uh ran the SHIP pragram in Delray. So he's quite familiar with how you, um, income qualify people. Chair Taylor: Any questions on this one? If not I've a motion and second on Item G. All in favor. Chair Taylor, Vice Mayor Rodriguez, Board Members, McCray, McKoy, Weiland: Aye. Chair Taylor: Opposed. Show the motion as unanimous. Item H. Board Member McCray: Motion to approve. Board Member McKoy: Second. Chair Taylor: I've a motion and second. Discussion. Vice Chair Rodriguez: Yes. This is, the, the question's a little different on this one. Um, I I guess I was, the first thing I asked myself was, are we building is this an apples to apples? I mean are we building the same thing that was burnt down? Uh because there was no estimates included on this. It talks about a hundred and she got $124,000 in praceeds from the insurance company and she wants to build a $190,000 home, so I want to make sure that, that's a apples to apples meaning. You know what I mean. Ms. Brooks: We're partnering with the um, community impravement on this. They're um, Octavia presented to us that the estimates came in at $190. Um its, I, I guess its an unfortunate circumstance that maybe some of you got caught in that, that what you get fram your insurance company really doesn't pay for a new car, um, or a new house. So, she is an 84-year old lady. She's not a first time homebuyer. 51 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Vice Chair Rodriguez: I, I, I'm sorry, I read all of that. My question is, is this an apples to apples. Ms. Brooks: I have to ask Ms. Sherrad. Vice Chair Rodriguez: Thank you. Chair Taylor: Yes it is. I - - Vice Chair Rodriguez: So, what would she, she, she had an 1,170; 10,077 square foot home that's exactly what's being built? Chair Taylor: I think when you rebuild something like this you have to bring it up to Code. Octavia Sherrod: I can't attest to the precise measurements. That it's a - - Vice Chair Rodriguez: Yeah, I, I mean I understand that, but I guess I'm concerned that somebody's upgrading on, on taxpayer bill and, and so, I'd like to see those details. Chair Taylor: I think what happens is, you know, if your house burns down, like they said, your insurance company only going to give you a percentage of that so its not enough to replace the house you had. But, so you have to get more. In this case, in this, if this, once we rebuild this, this has to come up to City Codes so there could be extra costs there too. Vice Chair Rodriguez: Well, and it does say in the detail that this is a replacement value. On second page. Ms. Brooks: This is a much older home. She's lived there many, many years. She's lived there for - - Board Member McCray: Over 30 okay. Ms. Brooks: 30 years. Board Member McCray: Okay. This is behind my mom's house. I could tell you over 30 years that she's already paid for. Ms. Brooks: Okay, to bring it up to today's Code is more then. Okay. Vice Chair Rodriquez: I'm just saying, the, the, the insurance praceeds call for replacement value. I'd, I'd like this before I can vote on this. I'd like to see details of 52 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 the new praposed home. And I'd like to make a motion to table until we get that information. Board Member McCray: Mr., Mr. Mayor, I think we have a motion on the floor for, for, for that has been already seconded. I'm not in favor of tabling this. This lady is out of her house; they've already torn it down. She is staying with relatives. This is an elderly lady. She wants to get back in her home, but I'm just saying you know, we we need to do the right thing tonight. I'm sorry. Chair Taylor: There uh, there is a motion, a substitute motion to table. All in favor of tabling say aye. All opposed. Chair Taylor: Nay. Vice Chair Rodriguez: Aye. Board Member McCray: Nay. Board Member McKoy: Nay. Board Member Weiland: Aye Chair Taylor: So the motion fails. We go back to the original motion, motion to approve Item H. Board Member McKoy: Motion to approve. Chair Taylor: I've a motion and a second on that. Board Member McCray: Second. Chair Taylor: All in favor? Chair Taylor: Aye Board Member Commissioner McCray: Aye Board Member Commissioner McKoy: Aye Board Member Commissioner Weiland: Aye Chair Taylor: All opposed? Mr. Rodriguez, you in favor? 53 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Vice Chair Rodriguez: I'm okay. Ms. Bright: I need to clarify. Chair Taylor: Okay. Show the motion as unanimous. Vice Chair Rodriguez: Again, I'd like, for the future I'd like to see the details in here. Chair Taylor: Okay. Ms. Sherrod: Just to put, for a little clarification um, Mr. Rodriguez, um, in the SHIP program, our strategy allows for the replacements such as this, lost in a travesty such as this we have on board, um a licensed um, uilding official inspector as well as our, uh, construction manager. We would never allow our tax dollars to go for quote upgrading. It was to it was it was a replacement to replace the building, uh pretty much as it was. Same size and style home but to today's standards um, and that's what our strategy that was appraved by the City Commission allow for. So that home had been uh previously, had been appraved uh administratively by uh, the City Manager which was allowed for so, she was bringing in uh the majority of the funding, all of the monies that the insurance company allowed for, so we allowed her to replace it. But it's just standard, a standard house. Um, built under the same guidelines as the First Time Homebuyers Pragram. Um, so in the future, I guess we'll give the square footage. Chair Taylor: Thank you. Vice Chair Rodriguez: I mean I understand that and I appreciate that. And I know this woman needs to get in her home. Uh, I'm just asking for more details in the future that's all. Thank you. Chair Taylor: Thank you. Take us to Item 1. That was pulled too. Five Towns College update. It was info only. Board Member McKoy: Yeah, I mean, this is the reason, I mean, just, I'm pulling it is because of the newness of the workload. Chair Taylor: Yeah. Board Member McKoy: So, there's a presentation on it tonight. Ms. Bright: No. I'm here in case you have a question on it 'cause you pulled it. Board Member McKoy: Okay, I, I, I, only pulled it, I thought there was going to be additional information. 54 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: Nope. Board Member McKoy: Okay. Chair Taylor: It's information only, so we don't even need a motion. Vice Chair Rodriguez: Is, is, is this the only place we're going to talk about the high school. Ms. Bright: It's up to the pleasure of the board. Vice Chair Rodriguez: So we can talk about the high school now, then. Ms. Bright: I guess. Chair Taylor: Yeah if you want to. Vice Chair Rodriguez: Okay, lets do that then. Mayor Taylor: Go ahead. Vice Chair Rodriguez: Um, yeah, we received your email, um concerning some of the issues with the financial backing for historic society who was the charter school that was number two in the RFP process. Ms. Bright: Not the Historic Society. The Boynton Beach Charter School. Vice Chair Rodriguez: The binder that we received had Boynton Beach Historic. Ms. Bright: Harrid Conservatory, Harrid Conservatory, Brenner Real Estate was the financial partner, Boynton Charter School and I don't remember who else, and its a the proposal. Vice Chair Rodriguez: The proposal I got never said Boynton Charter School on the top, on the cover page. Ms. Bright: I can't speak to it. They were delivered to the City Manager's Office over a week ago. Those are the uh, I don't know, we never got confirmation back fram the City Manager's Office that those packets were picked up by you guys. But regardless, your, your concern has always been the Boynton Charter School, correct? Vice Chair Rodriguez: Yes. 55 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: Okay. Vice Chair Rodriguez: Well you know, they been, they've been, they've reached out to me several times and I've communicated that to you, to you and everyone here about because they were number two in the RFP process and you'd made a note that you had reached out at that time after to see if they were interested and there were some financial financial backing issues. Is that correct? Ms. Bright: Yes I spoke to their financial partner in January. Vice Chair Rodriguez: Okay. Do we know that's still the case today? Because it, it seems to me, that uh, in their conversations with me that they've got the financial backi ng. Ms. Bright: They met with Vivian and I on May 18th. Um, Ms. Owens did not indicate any financial partner whatsoever. That's pretty much why I suggest in your email, if you have a working relationship with her and she's willing to share that. Um the key for me on that particular project, um was the fact that their charter school was not going to just take over the high school. It was a very large footprint that took over City Hall and other locations. So in terms of just renovating with them, if they have a new uh financial partner, that might be something new that I'm not aware of. Vice Chair Rodriguez: I'm, I, I'm, um I'm, not going to reach out. I'm gonna, I'm gonna put it back on the CRA and let you uh chase that down if you may. Ms. Bright: I, I really think that we have met with them and the onus is on not just them, several other entities if they want to prepare a praposal for your consideration. I have made that very clear to Ms. Owens that it would be for her, she's a for-profit business, a Charter School is not a um, public education, so she would be needing to get her own capital funding. Vice Chair Rodriguez: So you made that clear to her that she needs to put a proposal before the CRA? Ms. Bright: I, I know that both of us made it very clear to her that if she wanted to do that, that day she was not interested in some of the other locations we suggested which were Delray Boynton Academy. She said that that was already too small. I have that email fromher.Um.tohercurrentlocation.Um. she also indicated in the median, her current location, that some of the pressure had been taken off the uh, Caldwell Theater was not moving as forward, uh as fast, and the renovation there on Federal Highway in Boca, Levitz. And while it was a strain for the parents, she was not really willing to like move to the temporary location. I think the other strategy was the fact that the Old High School, we need to find a place for the Code Enforcement folks, so I 56 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 don't know how that would be included in the deal. So, we have to look at their praposal because they don't have any parking. Vice Chair Rodriguez: Yes, the uh, the uh, Code Enforcement is being, another, other recommendation to the Madsen Center has nothing to do with the high school. Um, in, in emails discussions I, I threw out a suggestion, only a suggestion, that there had been many people recently that have stepped up and said you know, we, we want to help, and we've seen that before and I know that. So my suggestion was let's get, let's get some information out to the folks that were looking for a letter of intent in order to, in order a letter of intent with the intention being that they're gonna submit a formal praposal and then we'll minimize or see if there's anybody. We'll see if anyone steps up to the plate and says, yeah, we're gonna submit a proposal. Ms. Bright: But why would we send a letter of intent. I mean we could make a phone call to them. I mean, they would submit a letter of intent. Vice Chair Rodriguez~ Yes. That's I submit a letter of intent to us with their intent to submit a formal proposal so that we're not anticipating a praposal that may never come. So just get a letter of intent, and then that way, we know, if we have four letters of intent or two or one or whatever the case may be. Now we anticipate that we're gonna get those four proposals. Ms. Bright: Okay. Vice Chair Rodriguez: I'm. Just a, just a recommendation and idea. It's up to the board to, uh - - Board Member McCray: Right. Board Member Weiland: I would like to uh, shed some light on this issue. Uh, I had spoke with uh, Tom McGillicuddy who is the acting real estate agent for the Owens and he mentioned to me that she put, and his words were she prabably has a couple of million dollars in financing. Uh speaking, I had spoken to Ms. Owens after that and she told me that she would be going after, in her words the same dollars, that Intown, Five uh Five - - Chair Taylor: Five Towns. Board Member Weiland: Five Towns uh, were seeking as well. I did not ask her what dollars she was talking about, but I was led to believe that there is some type of grant money or something out there that Five Towns were seeking. Now that they're not in the picture, uh to supplement the money she had from her private financing, she would be seeking the same type of money that they were seeking so. Where that all 57 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 stands I really don't know, but those are the two conversations I've had about financing with the the Owens and their real estate agent. Board Member McCray: Comments. Chair Taylor: Yes. Board Member McCray: I'd like to, you know, direct this here, you know back to Mrs. Braoks. And I'm just saying you said something you really need to take a hard- core look at, and that is charter schools. They are a business. They always came to this Commission, I'm just gonna be rather - to the City Commission, that was us. I'm just saying instead of saying they got put out of Boynton Mall because of what happened on Christmas Eve, you know that, that wasn't it. They was put out before this thing happened. I'm just saying they came to us and also stated to this Commission that they wanted to be in Boynton. They said it is our responsibility. You could pull the records, that we find them a place, that we find them a place. That is not the responsibility of the elected officials, that we find somebody a place. If they want to come in and we have suggestions that's fine, but they seem like they want to put this back on our lap saying that you know, you all going be our saving grace that we get back into Boynton. Charter Schools and businesses, I feel sorry for them. They don't want the place on MLK Blvd, then they need to just keep looking. I'm just saying I'm not gonna keep bargaining this down and the CRA every time, you know find out what can they do, they uh hurting now. They trying to get back in, they said before the school year begins, that's over a little over a month away, and I'm just saying you know, I'm being realistic. Chair Taylor: Well, I just I believe that the previous CRA Board asked the City Commission to wait until after the, uh, downtown master plan visioning, because we're talking about doing things like, the CRA board sent us a letter from the previous chair asking that we wait until after this visioning because that's going to involve that, that location also. And I thought at the last Commission meeting we agreed to do that. Am I wrong? Vice Chair Rodriguez: Tabled it. Chair Taylor: We tabled it? Yeah. Okay well, you know, its a, it's a big issue, the high school, and I'd be willing to wait until after this uh this visioning, because I know that location is going to be part of that uh' charrette, and that visioning and I'd like to hear what comes about. Board Member Weiland: Likewise. Board Member McCray: Likewise. 58 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McKoy: I don't have any prablem waiting. Chair Taylor: Okay. Vice Chair Rodriguez: We've been waiting for almost two years and if we can do any leg work now with reaching out to these folks that have stepped up and said they want to, with a simple letter, asking for a letter, simple letter of intent. We're just that much farther down the road and wait until, not act on it, but have the letters of intent, you know. Wait until the visioning session and then at least we, we've got something in our hands to plan out the future Chair Taylor: I don't have a prablem with that if you want to make a phone call, ask for a letter of intent, that's fine with me. Uh, my, my position is show me the money. You know, its eight million dollars. Board Member McCray: And my whole take is saying that you know, we have been waiting for two years, I beg to differ. We have been waiting since I've been sitting up here about what we gonna do with the high school. I'm just saying my urgency is, as a Commission, lets just wait to see what is gonna come in. You all can do whatever you all want to. I'm gonna keep my plans and everything on until I see what's going to happen for uh, the visioning process for downtown. I'm just saying, you know, we say one thing on one side of the coin. Then we flip and we say something else like we do, we've got too many hats on our head. I want to wait till it comes back. We said, table at the Commission, I want to wait until it be removed fram the table to discuss it any further. Vice Chair Rodriguez: Sure. Can I make a comment? Chair Taylor: Yes. Vice Chair Rodriguez: I'd like to make a motion that we initially request a letter of intent fram those that have, um shown an interest in the high school redevelopment and that we hold those letters of intent until after the visioning project and then we will be obviously, be brought forward to the board for further discussion at that point. Ms. Bright: Could I ask counsel a question? Um, when we originally did that RFP we were going out in terms of expectation of disposing of the property, So would that RFP still hold for a letter of intent. Um. Attorney Cherof: In my opinion it would not. 59 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: So that's where I am conflicted meaning the RFP was finished. There was no motion to go to number two when they did the motion to select Five Towns for a development agreement. So I guess, that's what I'm, I'm looking - - Vice Chair Rodriguez: I'm not, I'm not asking to go to number two. I'm asking there were a bunch of there was a bunch of organizations that stepped up during a CRA meeting that said they want to be part of the redevelopment of the Old High School. Ms. Bright: That's being um, actually it's Debby. Vice Chair Rodriguez: Those are all clearly laid out for in the minutes, and all I'm saying is there's a motion on the table. There's a motion on the table that says let's go out and request letters of intent fram those groups, to see if they are serious and hold those letters of intent until after the visioning and then come back to the board for further action. That's my motion. Chair Taylor: Okay I have a motion. Is there a second to that? Is there a second to that? I'll pass the gavel. I'll second that motion just for, uh, to get a vote on the table on that. Vice Chair Rodriguez: We have a first and a second. All in favor. Aye. Chair Taylor: Aye. Board Member Weiland: Aye. Vice Chair Rodriguez: All opposed. Board Member McKoy: Nay. Board Member McCray: Nay. Vice Chair Rodriguez: Could we get a rail call and. Vice Chair Rodriguez: Was that three two? Chair Taylor: It was three two. Board Member McCray: If something is to be tabled we have to second. Ms. Bright: I need clarification before we step away. It's my understanding there was an individual named Paula Melley. Did Sister Lorraine leave, she was here, she's an interested party and then the group led by Harvey Oyer, uh through the Public Arts 60 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Administrator, so those are the only three entities that I am aware of. Are you aware, and, of course, the Boynton Charter School. Vice Chair Rodriguez: I would, I would ask that you go back to the minutes that reflect the folks that stood up and requested you know, that said they want, had interest. And those are the ones that we should solicit. Ms. Bright: No that was one large graup, that's what I'm saying sir. Vice Chair Rodriguez: Right. Whoever they were Miss Bright, those are the ones we should solicit. Ms. Bright: Okay. Chair Taylor: Thank you. Okay this takes us to publiC hearings. I'll turn this over to the City Attorney to swear people in. Attorney Cherof: Anybody who intends to testify, actually Mayor, there is no quasi- judicial on this list. It's just a public hearing so no, uh, sworn testimony is required. Chair Taylor: Okay. Okay then that's, uh, City initiated abandonment of alley between NE 7th Avenue and NE 8th Avenue. City initiated. Mr. Livergood: Yes good evening. For the record, Jeff Livergood, Director of Public Works. I will present staffs uh, you will pravide staffs presentation although I doubt that I can do quite as good a job as perhaps Mr. Rumpf would do fram a Planning Department perspective, so you get the Engineering Department version. Uh, this is a request that's been initiated by the Public Works and Engineering staff. To give you a little bit of backgraund, several months ago, um, appraximately six months ago, the City received a number or several requests for construction of fences in people rear yards along this alley. Uh, of course we cannot issue permits to build a fence in a public right-of-way because this alley that is between 7th and 8th Avenue east of Federal Highway, um because its a public alley, its public right-of-way and therefore we're unable to issue fence permits. In reviewing the alley, staff found that the alley is very much inaccessible. We're unable to get into it as a, as a publiC right-of-way. To the east end at 7th Street are mangraves, uh City owned praperty. To the west end is another dedicated alley that runs north/south and parallels Federal Highway that's also fairly difficult if you wanted to put a truck down them. It's staffs recommendation that this alley be abandoned. Allow this alley to return to the property owners, uh, to allow them to use it so that they can place fences on this praperty and also because it will eliminate any responsibility or liability that the City may have in maintenance of this public alley. This alley was platted in 1925, uh, nearly 82 years ago. This was in an era when subdivisions were designed with the belief that there may need to be rear yard 61 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 access. Whether there would be homes that would provide garages in their rear yards, um or for whatever reason in more of an urban setting you tend to see alleys. In today's society there is no longer a need for a public need for an alley, particularly for vehicular access. There are a number of utilities that remain in this alley. That there remains a public need to provide utilities, those utilities can remain in an easement. To that end, staff queried all of the utility companies to determine if easements are still required and that is the case, easements would still required. Uh, therefore, it's staffs recommendation, um, that the CRA apprave the abandonment of this alley and forward a positive recommendation to the City Commission, uh, for similar action. Chair Taylor: Thank you. Mr. Livergood: If you have any questions I'd be glad to answer them. Board Member McCray: I, I have some. Explain to me, Florida Power and Light objection according to Engineering the dedication of an easement would remove their objection. Explain that to me a little further. Mr. Livergood: Um, Florida, pardon me, Commissioner where are you looking? Board Member McCray: I'm reading by Florida Power and Light on page two. Mr. Livergood: Okay. Board Member McCray: This came fram Planning and Zoning Division. Public utility companies Florida Power and Light objection according to Engineering. Mr. Livergood: Yes. Board Member McCray: The dedication. Mr. Livergood: Our staff, in contact with Florida Power and Light, um, they have advised us they have no objection to the abandonment of the alley, assuming that we maintain a utility easement that provides them the same access to their infrastructure. Board Member McCray: Are we praviding that sir? Mr. Livergood: Yes sir we are. Board Member McCray: Thank you. Chair Taylor: Is there anybody in the public that wishes to address this issue? Anybody in the public? Yes sir. 62 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Richard Frazier: Uh, my name is Richard Frazier, I live at 705 NE 7th Avenue. Um, I would just like to state that pretty much I believe that 7th and 8th was given the opportunity to come up here and speak today as far as for these easements. Now to my knowledge, there's one individual if you're looking to actually take over easement within our community. I've been there for well over nine years. Now I've occupied that easement ever since I've moved in. Got consent from the City, put my fence up the back of his fence so to speak and from this particular point this is where this comes out. Now it's not to my understanding to why we're going to take the people in my community, on both sides of our street which have fences all the way up thraugh, so don't think there's nothing there. There is things there. There are fences all the way up through there. I can't say that I can afford to go in there and start moving my backyard, per say, nor can my neighbor that doesn't even live there. He's got a rental praperty now. He rents his home. He doesn't even live here in the State. He lives in Georgia. The point of it is, I don't see anybody else here within my neighborhood, other than the fact of the gentleman, which was just tried to get a permit through the City, stating that there's no property behind his praperty. The City gave him appraval for it, and that's why we're here today. Now I don't feel it's of a necessity at this particular point. That's all I have to say. Chair Taylor: Okay. Sir. Mr. Bardales: Evening. My name is, uh, Deris Bardales. I live on 712 NE 8th Avenue and uh, where I do live, uh, on the other side of, uh, actually on Lake Boynton Addition and I do agree with, uh, you know with the City on the abandonment of the alley and I believe that, uh, it's necessary, uh, an easement for the FPL power lines, uh, would be adequate and, uh, I just want, uh, to make a stand here because our neighbor just mentioned that nobody else here, is here present at this meeting. Thank you. Chair Taylor: Thank you. Did you want to comment, lady who raised her hand, did you want to talk? Board Member McCray: They said they're here. Chair Taylor: Oh. Okay it's my understanding the alley is the City's property correct? Mr. Livergood: That's correct. Chair Taylor: So if we abandon the alley in uh what happens is, then half of it goes to one praperty owner and the other half goes to the other praperty owner. Now if you have uh, for some reason it was there all the time, if you extended your fence and just took on the whole piece, you have enjoyed that for some time, but if we abandon that it's divided evenly between the two praperties. 63 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Mr. Livergood: Approximately in this case 7.5 feet to one side 6.3 to the other, but it's appraximately down the middle. Chair Taylor: Okay, okay, I'll return to Commission for questions or a motion. Board Member McCray: Motion to approve. Chair Taylor: Is there a second. Board Member McKoy: Second. Chair Taylor: We've a motion and a second. Any other discussion? All in favor? Chair Taylor, Vice Mayor Rodriguez, Board Members, McCray, McKoy, Weiland: Aye. Chair Taylor: All opposed. Show the motion as unanimous. Takes us to, uh, takes us to Item A under Old Business Status of MLK Corridor, RFP Negotiations with Intown Partners. Is there remember this was uh, um, the last Commission meeting, the Commissioners, uh decided that this was at deadlock and returned it to the CRA, that the the motions were deadlocked, negotiations returned to CRA for further action. Yes, good evening. Ms. Simons: Um, chairman and board members um, my name is Samantha Simons. I'm principal of Intown Partners. As you know we've been trying to negotiate a developer agreement to engage in a public/private partnership, uh, with the CRA and the City of Boynton Beach. Our co-development partner, McCormack Baron, um, which unfortunately Richard Baran could not be here tonight, he's had a family medical emergency. His sister's just been diagnosed with cancer, so, uh, we, we send our best to Richard and, and he could not be here. Um, but we just want to restate the position of where we're at, and, uh, as you know, we've, we've given a presentation to McCormack Baran, who's our co-development partner. They've developed over $1.6 billion of real estate in 26 cities in the nation and have recently been chosen to be the lead developer to redevelop New Orleans. McCormack Baran has raised over $581 million in investor equity. They've raised 410 million in first mortgage debt, 310 million in grants, 221 million in state and local government support and over $67 million in, in foundations and corporate community grants. They are one of the few developers nationwide that were awarded last year 460 million in New Market Tax Credits. In 2004, which I believe we gave you a presentation of this, Richard Baron was one of the most commended, award winning developers nationwide for the ULI, which is the Urban Land Institute and won the JC Nickels prize. Mr. Baron also sits on the board of trustees and, um, who's written a book about him as one of five people who changed urban landscape acrass the nation. That's why we chose McCormack Baran as our 64 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 partner. Their strength and their expertise. Initially when we went into our development agreement, we waited 40 days for the draft of the agreement from the CRA board. Nor dare we ask for a letter of congratulations fram the CRA board after we were selected in August. We never received a letter from the CRA board until January 11, 2007. In the interim we were expected by the CRA board to get all our institutional financing in place. Due to the ongoing hostile environment of the former CRA board, and continuous interference that has in, included such actions as competing for the purchase of praperties in our same site area and paying up to $2.3 million which is about $53 a square foot for tear down property in the Heart of Boynton, slandering our company and our partners respective, um, respective in, in the newspaper company has had an impeccable reputation and an award winning track record in the development of workforce housing industry. Richard Baran, again has worked in 26 cities, 26 cities acrass the nation and the CRA were even, were even questioning his expertise, his background and his financial prowess to do our project, when he has funded 106 projects throughout the United States. One point six billion dollars he has got the funding for. Due to the CRA's hostile interaction with Intown, which wasn't conducive for negotiating a development agreement, it was decided in December of 2006, that the City Commission would take over negotiations and named Kurt Bressner the lead negotiator on behalf of the City of Boynton. On January 8th, the City Manager held an introduction meeting with In, with the Intown Group to discuss a basic outline of the agreement. On February 16th, Intown had its second meeting with respect to the developer agreement. The City Manager bought a one-page document to this meeting where he stated were the salient points of the agreement. The first salient point was 20 density units to the acre. This was even after the Treasure Coast Regional Planning Council had completed a feasibility study stating that the Heart of Boynton land had been purchased way too high by the CRA and the density needed to be between 30 to 40 du to make this project feasible for any developer. Intown had presented 35 du at their RFP presentation. Additionally Mr. Bressner stated that there was to be no building taller than three stories, however, the RFP had presented three stories at the edges, five stories in the center and approximately nine stories at the eastern edge. Land purchase of the 26.3 acres would have been, would have to be completed by no later than July 2nd or the development fails and the City or CRA would take over. It should be stated that the CRA had taken three years to purchase appraximately 4.6 acres in our site area. With respect to the funding, Mr. Bressner stated quote, unquote, the developer is responsible for calculating the amount and methods and timing of such payments and for the remainder of the meeting for the most part, all we, all we discussed was how we would keep this project to 20 du which has been studied by the Treasure Coast Regional Planning Council as not being feasible or financially possible due the land prices and subsidies that would be needed for workforce housing. The meeting ended and since this time, Mr. Bressner addressed that we needed to bring forward a budget the the City to review; however, in the interim, no information was sent to Intown with respect to the possibilities or options from the CRA on tax increment financing, fram the City with respect to what they could budget, and 65 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 how the infrastructure would be implemented in our project site area, payment of subsidies for the workforce housing units and what risk the City was willing to financially partake in as a public private partner for the development project. On May 8th, a budget and financial analysis by Dr. Hank Fishkind was forwarded to Kurt Bressner by Intown Partners. In the interim there were no questions relating to this budget by the City or CRA until June 4th of 2007. On June 4th, the City Manager wrote questions to Intown and stated that he was on vacation returning on June 19th. His questions included statements which had already been discussed at the prior meeting on February 16th. Questions included, what is the back up for lease rates? It had already been explained by Mr. Baran on the February 16th meeting that he would be using his New Market Tax Credits for reduction of leasing rates to assist minority businesses in the development site. How is the TIF funding going to be paid? We had asked on numeraus occasion for the CRA staff to give options to Intown on TIF and they told us that they were preparing options fram their TIF consultant Greg Oravack but we never received any information from CRA staff regarding this so we left this option open ended as something that we would work out and discuss ongoing. Dr. Fishkind is renowned in the industry for putting TIF budgets together for redevelopment prajects throughout Florida and he stated to us that there were many options for this to be discussed. The praperty tax reform was discussed which no one knew the answers to at the time as the roll back had not been signed by Governor Crist and it was speculation as to what would be, what would be the rail back at the time. Infrastructure payment was asked, which had to do with the City and bonding at a later date, which we had discussed also in our prior meeting. On June 20th Intown sent Mr. Bressner an email stating that due to the recent legislative special session that was yet to be signed, that Intown was discussing with its consultants and financial group, we were conducting some new quantitative analysis in our pragram and proposed changes and it was too early to fully engage in the final tax roll back as it had not taken place. We also reminded Mr. Bressner this was a six-year budget. Intown also stated that they were looking fram feedback from City and CRA staff on the impact of their future budgets on the tax rail back. In the interim, the City, the CRA has hired the Treasure Coast Regional Planning Council to do yet another feasibility study for the Seacrest Heart of Boynton area. They hired the same vendor that Intown had hired one year previously. Vivian Brooks asked Intown to meet with the Treasure Coast Regional Planning Council and ERA their vendor to discuss their proposed pragram. Richard Baron and Kevin McCormack attended this meeting. Every option that Intown came up with as far as a proposed pragram was told to Intown that it can't be done and was reminded that that was because you are in the Martin Luther King Boulevard area. Office space was discussed and it was mentioned that both office and retail would depend on the market conditions and that it would be at the developer's risk and we would conduct analysis on performance. After leaving this meeting, to Intown's amazement, the Treasure Coast Regional Planning Council contacted one of Intown's vendor, vendors and started slandering Intown to them. Since this time, Intown has had to end its relationship with this particular vendor due to interference fram Kim 66 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Delaney from the Treasure Coast Regional Planning Council. In the month of June, with very short notice, Vivian Brooks called to ask Intown to attend yet another meeting with the Treasure Coast Regional Planning Council. Richard to be frank, was not pleased with the way the last meeting was conducted and upon checking his schedule, was booked for the next two weeks. He wrate a letter to the CRA stating his apologies. In the June CRA meeting. Board Member McKoy: Excuse me. Could you stop for a minute to give the clerk a chance to, so she can record all of this. Ms. Simons: Sorry. Board Member McKoy: You ready? Chair Taylor: All set. Board Member McKoy: Okay. Ms. Simons: In the June CRA meeting, sorry, in the June CRA meeting the Treasure Coast outlined their feasibility presentation and it stated that their density of recommendation for our site area was. 36 density units to the acre. The presentation was really a (inaudible) part of Intown's proposed plan and not really an engaged positive appraach on how to conduct a pragram that we all could work together on. Barbara Rudd of Intown, wrote to Lisa Bright in early June to ask for the backup data fram this meeting fram the Treasure Coast Regional Planning Council, but never received it until July 5th of 2007. In June 13th, Kim Delaney was quoted in the Palm Beach Post as stating that Intown doesn't have any equity in the deal. This was after reviewing the budget and receiving the budget. The same deal Intown had represented that they were spending in excess of $350M dollars in development costs in their budget, of which we're financing. This was while Intown was negotiating their overall financing. This is just a snapshot okay. We've, we've been here for four years, okay. It's just a snapshot of what's going on in the background for four years. Four years for the last nine months that we've had to endure a hostile environment that has not exactly been a bowl of cherries for any of the graup, but we've endured and tried to work with staff and get this praject underway irrespective. We've spent a lot of time with the Palm Beach County team, and they like the project and they want to see the praject go in the Heart of Boynton. Commissioner Greene wrote a letter to the CRA backing our project back in August of 2006 and likes the project very much. We've met with the Treasurer of Palm Beach County. We've met with the Director of Finance of Palm Beach County, but they've also stated that the that the enviranment has been extremely hostile, but on the other accord, they've also mentioned that they'd like to have all parties to the table and have even asked the Mayor, Chairman of the Board to attend such meetings, so they want to see this praject happen. Just two weeks ago, 67 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 we bought in a major financial partner fram New York to meet with Palm Beach County and meet with the Mayor. Palm Beach County knows who this financial partner is, and stated if this is the financial partner that you go forward with, we're in. We want to work with you because we know they are very, very strang. They have $570M to spend on urban redevelopment and they're doing it all over the United States and in Florida. Now we're at a critical turning point to move forward and we're looking to the new CRA Board for cooperation in making this very, very, very important project happen. Not only for the City of Boynton Beach, but for the neighborhood and the people who have been waiting for this project for 20 years or more. The Heart of Boynton Plan was written in 2001, so we're all at the table now waiting to move forward in a public private partnership. We feel, as a team, that we need to work as a team and unite and move forward the Heart of Boynton Neighborhood, and the Heart of Boynton Plan and work together in a true partnership. And that's what I'm here tonight to talk to you through, and see and see if if we can work something out that's a win win for everybody. Chair Taylor: Thank you. Ms. Simons: Thank you. Chair Taylor: Questions? Board Member Weiland: Yes Mayor. Besides the speech tonight that you brought to us, do we have the three-party agreement and do you have the financing in place? Ms. Simons: The tripartied agreement, we've had two we've had two meetings, one on January 8th and one on February 16th. We're more, we're more than open to work thraugh the tripartied agreement. We gave our budget to the City on June 4th. Board Member Weiland: I'm not asking that. I mean - - Ms. Simons: May 8th sorry. Board Member Weiland: Do we, do we have, do we have an agreement signed with McCormack Baran and yourselves Ms. Simons: Yes. There's been an agreement signed for the last um, five. Board Member Weiland: Do you have that with you tonight? Samantha Simons: It's been in, it's in the public records. Its been given to the City Manager. 68 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member Weiland: Okay. Ms. Simons: It exists. Board Member Weiland: And do you have your financing in place? Samantha Simons: We have our financing in place to move forward if we can get a development agreement conducted with the City Commission. We don't have a, we don't have a development agreement. We need a development agreement. If the development agreement gets put in place, and we work to move forward, we can move forward with the praject, yes. Board Member McCray: Mr. Mayor. Mayor Taylor: Yes. Board Member McCray: Rather Mr. Chairman. Mayor Taylor: Yes. Board Member McCray: You know what? Uh, we've heard accusations tonight by, there was a hostile environment with uh, the CRA. I've been in Boynton for over 55 years and she said, that this is what the people over there want. They don't want high rises. And I'm gonna be honest with you. You know, talking about, that you all have done what we asked you to do. I'm sorry, you wasn't at the last Commission meeting. That's your problem. You gave me this idea about this guy whose sister has cancer. Both of my parents have cancer. Let me get one thing straight okay. What you need to do is, I'm going to be honest with you, is stop trying to smoke screen us. Please listen to what I'm saying. You've been giving us nothing but smoke screens. You, you are Samantha. Okay, I know Barbara, I'm just saying, uh, we ask where are the dollars? You have not shown us any financial things, and, and these are the dollars. We ask you to bring people to the table. We send our City Manager to negotiate with you. Now you all try to make him out to be like he did not do what we requested him to do. We requested when he came back to the meeting on July the 3rd, if there was no agreement, he said they was impassed, then we are through. Commissioner McCray I am. I'm just thraugh. I'm just saying I'm not going to have this people over in District II waiting another four years, you know talking about we're going to do this this and this. I'm, I'm, I'm sorry. You have not produced. You, you're not trying to produce. I'm sorry, you've gone over that. The community, they have lost respect for you all. I'm going to be honest with you all. They have lost respect for you and your company talking about Intown and they're saying Commissioner McCray, when are they going away, they need to be out town. I am trying to figure out whether you all are leaving. I'm sorry. I, I can't support you all. I will not support you all. As far as hostile, I'm not going to be in no hostile environment. You are not going to say Commissioner McCray 69 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 sat there and gave you all a hostile attitude and everything. I'm not in favor of what you all are saying because you all have not produced. You have not braught back no finances. You have not put nothing on paper. You'vei said that the guy, he's real good. He has not been here. You know he was in town. He could not wait another day, a couple of days if it was so important to you all. Why couldn't he stay here and speak with us. Enough is enough. That's all I have to say. Enough is enough. Samantha Simons: Mr. Commissioner McCray, in, in, in, to answer about your financials, I mean I, I have. Board Member McCray: No, no, not my financials, your financials. Samantha Simons: I have, I have our financials. Okay. McCormack Baron has a $2SM statement. Okay $2SM asset statement, they funded 106 praperties, projects throughout the nation. They are. They are. Board Member McCray: Excuse me. Samantha Simons: They are one leading workforce housing developers in this nation. Board Member McCray: Excuse me, okay excuse me, that's all nice on paper. Where is the agreement where they say they are supporting you all and they have an agreement signed to bring to us tonight? I'm just saying, I could go ahead and get a company to say that they, you know, funded this. They've got billions. I'm just saying, you know, and I could say that they're going to back us. Where is the letter of intent? Where is the agreement and and what is in black and white beside you standing there and gave us, like probably about a ten minute speech. I'm sorry, but I'm just saying you know the finances are nice on paper. You have no agreement. Do you have an agreement to present to us tonight, signed? Ms. Simons: I have. Board Member McCray: Signed by the company. Ms. Simons: I have an agreement okay. I have an agreement, do you have an agreement to bring forward to Intown? Do you have an agreement to bring forward to Intown tonight for a development agreement? Board Member McCray: I don't need a development agreement. Samantha Simons: This is a public/private partnership. 70 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McCray: Excuse you. I, I'm gonna be honest with you. I think really what you all need to do is to go ahead and go out of town. I'm sorry. Chair Taylor: All right let's, uh, le'ts go to Commissioner, uh chair, Board Member. Board Member McKoy: Mr. Mayor. Chair Taylor: Board Member McKoy. Board Member McKoy: Mr. Chair. Chair Taylor: Thank you. Board Member McKoy: Whoever we are, uh, um, um, you, you mention you talked about, um, I guess working with a new partner. You didn't mention Urban America. I'm assuming, is that partner that you talked about. Do you have an agreement with them? Ms. Simons: Yes. Board Member McKoy: Do you have, can we see, when will we have access to that agreement? Ms. Simons: I, I can't submit that okay, until we come forward with the developer agreement, but we do have a letter of intent to go forward with them. Board Member McKoy: Okay and I have, um, one other question. Um, who, who is your lobbyist? Ms. Simons: Who is who is our lobbyist? I don't have a lobbyist. Ms. Rudd: I actually put in paperwork for Intown. Ms. Simon: We met, we, I'll let her speak. Ms. Rudd: Barbara Rudd, Intown Partners. I actually submitted paperwork to the City of Boynton Beach, uh, as Intown, Barbara Rudd, as being the lobbyist to meet with Commissioners, and - - Board Member McKoy: Okay. Ms. Rudd: Whomever. Board Member McKoy: Okay, so you have. 71 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Rudd: Since the new, uh, law was passed, we put our submission in. Board Member McKoy: Okay, have you had any other entity or party or organization person anyone else to lobby for you on behalf of Intown partners in any of the negotiations pertaining to uh this project? Ms. Rudd: No, we have not. Board Member McKoy: Thank you. Board Member Weiland: Mayor. Chair Taylor: Yes. Board Member Weiland: I'd like to make a motion to cease discussions between the CRA of Boynton Beach and Intown Partners on MLK corridor. Board Member McCray: I'm gonna second that motion. Chair Taylor: I've a motion and a second to cease negotiations with, uh, Intown Partners for a development agreement and, uh. Barry Silver: I've a word dealing with that motion? Chair Taylor: Pardon me? Yes, yes. Barry Silver: Thanks. I'm Barry Silver. I've been asked to speak on behalf of Intown. Board Member McKoy: I'm sorry, one quick question. Have you been retained by Intown to speak on their behalf? Mr. Silver: Yes. Board Member McKoy: Thank you. Mr. Silver: I've never represented developers before. I've only sued them. Board Member McKoy: I just wanted to know. I understand there are some things that other individuals have done, worked for Intown, and perhaps haven't been paid. That's why I asked. Thank you. Mr. Silver: Unlike some other attorneys, I don't necessarily need to be paid to help people and to represent them. 72 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McKoy: I understand. I just want to get clarification because that has, I understand, that has been part of the practice. Thank you, sir. I'm ready to hear your comments. Mr. Silver: Thanks. As I mentioned - - Chair Taylor: Your name and address Mr. Silver, if you could, just for the record. Mr. Silver: I live in Boca Raton Florida, 18624 Cape Sable Drive in Boca Raton. Chair Taylor: Thank you. Mr. Silver: Um, like I say, usually I sue developers because more often than not in Palm Beach County, they are trying to destroy the environment, the open space and the, uh, natural resources that we have. There's a State law and, uh, Development Act Statute 163 and the Eastward Ho praject and policy of the State which says that the State of Florida and our communities should attempt to redevelop the inner cities rather than start new developments out west, and the reason, of course, is it's better for the enviranment and it also helps revitalize neighborhoods. I was appraached by Intown because they advised me that they are interested in trying to pursue that objective of trying to help people in the inner City; trying to pravide affordable housing and trying to be responsible neighbors. And they've teamed up with other people, such as the McCormack Graup who not only talk about that but have done that. They have established not only housing for people but they have also been involved in charitable prajects to help the community and they don't just provide a house. They actually provide services and community prajects that help revitalize the community. I have spoken to, uh, Richard of the, uh, McCormack Group and he's advised me that he is very interested in the praject, that he's a partner in the project and that he wants to try to help Boynton Beach. And so it seems to me that if you've been dealing with the group for about four years, and they're telling you that they have certain agreements in place and apparently you're not aware of them and for some reason, they haven't been brought forward, I don't know why, it seems to me that these agreements are part of the public record that you should check the public record or ask them to provide it again. And after waiting four years, give them a little more time. If you want to, whatever it's that you think that you need in order to be assured that they're for real, give them 30 days or 60 days and say produce it. But would recommend that when you have this potential, this group that seems like they have the potential to do wonderful things for the community, that instead of just writing them off, or coming up with plays on words that Intown should be out of town. You know, I've heard that there's been a lot of animosity. It seems like the animosity is still coming through. I would say drap the animosity and let them praduce and give them another 30 days or 60 days or whatever it is to produce what they have and, and start a different type of relationship. There's a new CRA board. Start a different relationship and let them 73 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 praduce. If they can't produce or they can't satisfy you, then find somebody else, but I wouldn't write them off just yet. Also, it's not fair to them also. If, if they have certain commitments from the City and the City says you know we would like to work with you and we're going to negotiate with you and there seems to be some things that have occurred which might have shown that the negotiations, not because of you, but because predecessors might not have been going forward in good faith, it seems to me like we would want to try to put that behind us and move forward. And what I'm suggesting is not an open-ended type of situation. Give them a little bit of time. Let them know exactly what you want. You want a signed agreement with a group. You want a commitment to money. Let them know what it is that you want. Give them 30 or 60 days to praduce it. But I would also suggest that if Intown is indicating that they need certain things from the City in order to be able to produce what you want, certain commitments, that you also listen to what they have to see and see if you can pravide what assurances they need so everybody can work together. So I would recommend that and that we all work together, otherwise the situation can become quite acrimonious and you'd have to start from scratch. You know if you worked with these folks for four years and you can't give them another 30 to 60 days and you start from scratch with someone else, these people are saying we want something done now, they're going to have to wait a very, very, very long time before something else comes up. This group is ready to go, willing to go. They got the assets. Give them a little time and, and let's move forward with the praject. If you have any questions I'll be glad to answer. Vice Chair Rodriguez: May I respond? Chair Taylor: Mr. Silver? Let me response and I'll let you both respond. Mr. Silver? Mr. Silver: Yes. Chair Taylor: I feel like you're coming in a little bit on the end of this whole thing. Yeah, they may have been here for four years. Actually we went out to RFP last August. Two people responded. They were one of them and they were chosen up front to try to, negotiations to try to come up with a developer's agreement. At the time, it was asked how long we think it will take to get there. Uh, the attorney was being very uh, objective, I think. He said it would take us probably six months, maybe on the outside. We'll hope we could do that sooner. That would have taken us to last February. That didn't happen. Um there was some bog down. All of the details couldn't get together so we did extend that. We did give them extra time. In fact we went so far as to take it out of the CRA and bring it to the City and appoint a special committee to sit with them to try to iran out to get this developers agreement. It was very, uh, I attended that meeting. It was very open to what we wanted and what they wanted. There was a great exchange there at that meeting. Here's what we need to move forward. Here is what you need. Um, we've not withheld anything fram them as 74 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 far - - I've, I've prabably been the strongest proponent for Intown that I know of. I've been one of the, and the reason because I wanted to see that, I wanted to see them build that village they talked about. I really want to develop that area. I want to see that happen, so I was saying this is our best shot. Let's make this happen. I've done everything I could to make this happen, but I can tell you. That I have met with all the people your talking about personally and I, even the latest one that flew in. I was prabably the only one that got to meet with him, cause he was only here one day, um, but there is nothing on the table. We had, we said, the Commission, we gave them plenty of notice. We said, bring us a development agreement by July 3rd. That's our deadline. Now that's another four months, not thirty days. Another four months we've given. We don't have that. We've got nothing. We're back to zero and, and the original RFP said we would do our very best to negotiate with the first person was Intown. If that failed, it would come back to the CRA. The CRA would make a decision then and then it would go back and we would try to negotiate with the second runner up. That was my recollection of that, that meeting. So I, I've got to tell you, I've gone out of my way, I've bent over backward I think, and I think maybe Ms. Samantha and Barbara will say I've been there for them. I've tried to make this happen because I wanted that to happen for that community. I have not been able to make that happen. I cannot make that happen and uh, I've gone long enough. The community's waited long enough and even, even I can tell you, looking in the praposal, what's being presented, uh, the money that they're gonna require subsidies. I can tell you right now before we even get there, the City doesn't have it. Um, maybe the County will throw something in the pot, I don't know. The CRA doesn't have the kind of things it will take. We're talking millions and millions and millions and we can't put it all in that bucket. So I, I see this as a dead end and I think we've been more, more than open about giving them time and effort and so I have to agree with the motion that's on the board, on the floor at this time. That's all I've got to say. Mr. Vice Mayor Rodriguez: If I may, you know I've also been a praponent of Intown primarily because I, I know the magnitude of this project and how large it is and I didn't want to, I wanted to ensure we gave the developer ample time to get their ducks in a raw and the City and CRA also and they mutually and you know this Commission went on a limb and did something it probably hadn't done ever and that was take away negotiations because the CRA board was ready to terminate many months ago. So we took over the negotiations, fresh faces, City, very experienced City Manager, City Attorney that's sitting here with us tonight. Fresh faces to try to negotiate this out. We set clear expectations. his Commission set clear expectations on dates and deliverables. At the end of the day, they were not met, and so I would also have to support the motion on the table. Board Member Weiland: I have to echo those same things. We went head over heels to try to make this happen and we've gotten nowhere. 75 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Mr. Suss. Herb Suss: Mayor, thank you. Herb Suss, citizen of Boynton Beach. You know. Chair Taylor: Give us a little bit of an address of where you live. Mr. Suss: Yeah, uh 17, right you're right. 1711 Wood Fern Drive, Boynton Beach. Chair Taylor: Thank you. Mr. Suss: Okay. Mr. Silver: Before you vote, you might want to take a look. Mr. Suss: No, No, I'd like - - Chair Taylor: Well let's finish, we're getting to public comments. Mr. Suss: I have the floor please, excuse, I gave you the courtesy, give me the courtesy please. Chair Taylor: Yeah. Mr. Suss: Uh, let's face it. I ask three questions. Where is the tripartied agreement? I have not seen it. Nobody has seen it. And yet it's stated its there. I haven't seen it. I also, an important question is, where, and I've asked this question, where is their previous work record? In other words, they claim to be this, they claim to be this. I want to know and see and so should the Commission. I mean the new CRA Board, where is their previous work background as an Intown company? Where is it? Uh, it hasn't been stated. I haven't heard of anything. Uh, the other thing is besides the tripartied agreement, besides the uh, the, where is their financial statement? I haven't seen it. We have asked all these questions. This commission and now the previous CRA Board and now the new CRA Board has given these people 30 days, 90 days, 6 months, 4 months,S months, and then July 3rd when they were supposed to come here as stated by some of the com, uh, new board members up there, they came they were not here, so they did not meet every time the previous CRA board, the Commission, every time they have come up with a situation that they were supposed to do something they have not, not followed thraugh and this has been, I guess four years of a sorry state of affairs that has continued for four years and I say end this discussion. Get a new RPF, it they want to go again and come again, let them be open but there is other people out there that could probably come acrass. Thank you. Chair Taylor: Thank you. You had something you wanted to add before we voted? 76 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Barbara Rudd: Basically, I mean I can, I can put into public record a letter that Urban America wrate to us. This came in July 5th and you know, I can submit this. I have the letter of intent in my hand but I cannot submit that into public record. So if you want to look at this, you can. Ms. Simons: And Mayor I'd also like to add, okay, the day after the meeting that you held, that this group Urban America called us up that they'd been contacted. Their president of their company was tried to be contacted to, to, to slander our, our graup. And that was by prior board members, prior CRA board members. That's not fair and just treatment for any developer, Intown or anybody. Any of the groups coming in are they going to be treated the same way that we were. Are they going to be given two meetings for their developer agreement and say that's it, you're out. Are they going to be competed to? No but they're gonna buy the land, okay, but the land is free and clear. We've been competing against the CRA for the same property in our site area for four years now $2.5M an acre for property in the Heart of Boynton. Larry Finkelstein's praperty was 7.4 million an acre, uh, for 7.83 acres. In addition to that you paid an addition 1.1M for that property as well. You know we've never been helped, not one dollar in our development site by the CRA, but Larry Finkelstein's property they purchased an extra $1.1M dollars to expand his site. That's fair and equal footing? That's putting two developers in the same area on fair and equal footing right? Chair Taylor: Well, let me just say in the letter you just gave me from this is fram Urban America basically the first part just gives the backgraund of their company and how much, uh, finance money they have which is true, but the last paragraph and I'll read it, "we believe that a public/private partnership will be essential to this project with strong financial commitments fram both sides in order to bring this praject to fruition. We look forward to furthering our discussions with your firm and the City of Boynton Beach as we continue due diligence on this very important urban renewal project to the City of Boynton Beach." This merely says that they'd be glad to discuss it and look forward to it. This is no commitment that they will ever fund any money. They're saying they'd be glad to talk about it and see if its something they'd be interested in. So, and I agree, I think they do have that money but they're where they spend it's their business but you don't have a written commitment that they're going to put that into your praject. That's all I can say. Ms. Simons: We, we would have, we would have a commitment on the agreement and the, and I just want to go on record that the only subsidies that we are asking, apart from the TIF that is to be decided and to be discussed and how that would be put into the project, which the developer's putting into the project. The only subsidies that we're asking are the same subsidies that you passed a workforce housing ordinance to provide which is $60K a unit and we've got 211 workforce housing units which is 20% of the project site area. We're asking for another $lM for site demolition. Sir. 77 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Well Samantha I'm not here tonight to discuss the development agreement. That should have been done at the table. That's what we asked to happen. It was supposed to be brought back to us. Samantha Simons: But it was never. Chair Taylor: It has never happened. That has never happened we don't have it here and we're not here to do a development agreement here tonight. So I do have a motion on the floor. Lee Wische: May I speak please? Number one, I have checked highly to your putting the onus on the CRA. I've been here for 30 years I never seen a charade like this go on anywhere. You have never communicated with the CRA, you haven't cooperated with the CRA and you haven't even met with the CRA. You've done nothing right but procrastinate on and off and each time you had a new lawyer a new backer or a new this or new that you didn't have any of the credentials and you wouldn't admit it. So don't put the onus on someone else. You were not prepared. It shouldn't have gone on this long. You should have been dumped a long time ago. Thank you. Ms. Rudd: In response to Mr. Wische, we had the financials right from day one which should have been told to everyone by the CRA every single time that it came up. But it wasn't. When you have a book of financials at the CRA office and everybody says where is the financials and you don't state that the financials are at the CRA office, then there's a conflict of interest right there. I think that's a problem and those comments were in the newspaper all over the place. That is not what Baran McCormack Salazar came to Boynton Beach for. That's not what Intown wanted to do this project for; to be harassed and led down the raad to what. To have negotiations at 20 du? That didn't make sense. Chair Taylor: Okay, yes, I'll take one more and then we have a motion on the floor. Wanna McCloud: Mr. Mayor, thank you. My name is Wanna McCloud, again from 215 NE 7th Avenue. I would like to address Intown because of what the young lady, put, said last week. I looked into Urban Development and I would like to ask her, do you by chance know Duncan McKnowlan? Board Member McKoy: One, I believe you mean Urban America. Ms. McCloud: Urban America. Do you by chance know Duncan McKnowlan? Ms. Rudd: Not personally. 78 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. McCloud: He's one of the owners of the company and he stated as the letter stated to you, that they were asking for your background as to what you had done and you gave them nothing to show for it. So they pulled back from with you. Ms. Rudd: That's not true. That's not true. Ms. McCloud: I can call him right now. Would you like him on the phone? Ms. Rudd: That is absolutely not true. Chair Taylor: No, no, no, no, no, no, no. This not serving any purpose here I'm not gonna get into a bunch of name calling here. Board Member McKoy: Mr. Mayor. Chair Taylor: Before we do, yes. Board Member McKoy: Before we vote, I think it's very important we hear from our City Manager. Some very, um, comments were made and I'd like to hear from our City Manager in response to Intown's comments pertaining to his activity in this. City Manager Bressner: City staff did the best, the best they could to get an agreement to you by the date that the City Commission had asked. You and I think we made a diligent effort to get the information that was necessary to make an informed business decision. With respect to the 20 units to the acre, I understood and I accepted the fact that Intown was not willing to, or financially able to develop a 20 unit per acre development. I asked the question at the February meeting specifically can you or can't you and they said no and I said fine. So I don't think its fair to say that we were dealing with that density issue. We understand with respect to that so I want to clarify that for the record. Now I think the City attempted to gather the information that was necessary for the CRA board and the City Commission to make an informed business decision as to whether or not this was in the best interest of the community to go forward with that development. I can't answer that question because I don't have the information so I was unable to present you with the documentation that would be necessary for you to make an informed business decision as to whether or not this was good or bad for the City. So, I apologize, but I couldn't get it done. Chair Taylor: Thank you. Mr. Silver: Can I make a quick comment before you vote. Intown was dealing with a board that apparently was disbanded because of some type of corruption or some type of - - 79 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: That's not true. That is not true. That is not true at all. Mr. Silver: Whoever they were dealing with no longer exists in that forum and I think that it would be unfair to require Intown to come forward and do everything on the up and up when apparently on the other side there were things that they needed and were seeking and wasn't done properly. You've asked for certain information from them. You've asked for a commitment. You've got it. You've got a letter there. If you want something further, you want more of a commitment, if you want an absolute guarantee, or something that's fine, they can provide it, but the City has to at least say, if you are dealing in a contract, you can't just say to the other side, okay you make a commitment, you tell us your gonna put this much in and you do this and you do that you do that and we're not doing anything. If if you have certain requirements that you want from them and you are willing to also comply with what they need in order to be assured, that's how you negotiate. Anything else, if they're coming to you and saying we've got the commitment. Here is the letter of intent. Give us 30 days. Tell us what you need and we'll do it and you don't at least give them the opportunity to do that, you are not negotiating in my opinion in good faith and you've allowed them to spend huge amounts of time, a lot of money and then you haven't allowed them to proceed in good faith and deal what you want. Tell them what you want. Give them 30 days and I'll make sure that they get it. As long as its reasonable to ask them. But it's not fair at this point to ask for these commitments and not give them the time. They have a commitment they've showed you. I'd say, if there's anything further you need, give them 30 days and let them praduce it before you just terminate with them and allow them to have some, all this money and time into this praposition. Chair Taylor: When a developer comes to the City they say here's what we want to do. Here's our proposal. Here's what we can, here's what we're gonna put into it, the money we can put into it and any developer is gonna say, okay where you gonna get that money? We need to see your financials. We got to. Before we could ever apprave, that I'd want to know where is your money coming from? We haven't seen that and uh, that's where we're at so. Mr. Silver: I think you have the financials in the record. I believe they pravided. Chair Taylor: No I'm sorry, we don't have that in an agreement. You can talk all you want about what money you've got to have in writing. Mr. Silver: It is. Chair Taylor: I know that about business. You better have it in writing. But anyway I want to call the question. Ms. Rudd: Mayor if I could just address that for one second. 80 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: No, I've heard enough. I want to call the question. I've a motion to cease negotiations with Intown and there was a second to that. All in favor? All: Aye. Chair Taylor: All opposed. Show the motion unanimous. Now I need one other, we need one other here. We need to direct staff where to go from here. Do you want them to, originally back the way this was done as I recall, if this, if negotiation did not come to to fruition, we would go back to the second applicant and try to negotiate with him or you want to go out for again for RFP. Board Member Weiland: Mayor, Mayor. Chair Taylor: Yes. Board Member Weiland: I would like to go back to go back to a former CRA meeting, when uh, Board Member Marie Horenburger made a motion that discussions with the first group did not succeed that then they would begin negotiations with the second group. So, being here tonight, I would like to make a motion for the CRA to begin negotiations with the Auburn Graup, uh, for the MLK Corridor. Ms. Bright: Mr. Chair. Chair Taylor: Is there a second to that, then I'll have discussion after that. Vice Chair Rodriguez: Second. Chair Taylor: I have a motion and a second. Yes, under discussion. Ms. Bright: I think you know, that was the motion back then but I do want to remind this board that the former CRA board, in May, set a public meeting that would be the results of the Treasure Coast analysis. So that meeting is set for July 26th at the Hester Center to meet with the praperty owners and the residents of HOB, both, um, Vivian Brooks, Mike Simon and I will be there as far as staff as well as representatives of the Treasure Coast Study to speak with the citizens. So I do want to make sure that everybody in, in the audience tonight understands that, that public meeting will happen as well to discuss that opportunity. Chair Taylor: May, will be at the meeting, maybe will be at the meeting. Board Member McKoy: Mr. Mayor. Commissioner McCray: Mr. Mayor, Mr. Chairman. 81 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Yes. Board Member McCray: I have some comments to make before we go back to the Auburn Development because, uh, that's why I've held off on my discussion until now, right with the presentation by the three individuals that's going to be presenting tonight. I got a phone call Monday morning, and it was from a Mr. David Katz, I'm gonna be honest. It was about three minutes to nine. He didn't know he was a paid lobbyist for Auburn Development. That's number one and if so, how much money are you all paying him. Mr. Katz called me and told me said that Intown was going to be out and I know that you all are going to do the right thing by Auburn and that's why I'm having problems right now. The, oh yes, that was the conversation, let me go ahead and finish. I don't need Mr. Katz to make phone calls to Commissioner McCray or Mack McCray because he called me Mack. That was what he told me. My whole take is that I don't need him to lobby me. I think for myself. I feel like the developer wanted to tell me something I feel like you needed to pick up the phone and call me. I am highly disturbed by him calling me on the telephone and telling me about what I need to do. I think for myself, that I can go on record and say that he called me. You can pull the records, uh, and you will find out Mr. Katz called me fram an unknown number that was on a Monday morning. Unknown. And I do have problems. I'm just saying, you, when he calls to tell me what that we need to do. I don't know if he called anybody else. But he called me. I don't have a good taste in my mouth, Auburn right now. For you all, you all gave me some stats and said you know that this is what really went on. We don't support this guy yet. He had no business calling you all. Because right now I felt like I was being lobbied okay. That's all I need to say. Board Member McKoy: A couple of points that I want to make. On two separate meetings when it was very clear when the negotiations with Intown were at an impasse, I spoke out and stated that we had a Plan A and a Plan B in place. And that, at the time that the contract was awarded to Intown that at that time, it was stated that if those those those negotiations were to break down, that we would go to Plan B which I believe was the Auburn Group. And no one listened but point, but that's neither here nor there but I'd like to state that. I'd like to also state that I too received a call from, um, Mr. Katz, uh, but I did not return that call. Chair Taylor: Mr. Katz, since you were brought up, I'll give you a moment to respond. David Katz: David, excuse me, David Katz, 67 Midwood Lane, Boynton Beach. Yes, um, I am working with Auburn. Two, it is none of Mr. McCray's business what our arrangement is. Three, I did call Mr. McCray. I got on the phone. I had asked for his City cell phone number from the fram the City Manager's Office which Joyce Costello gave me. I called him. I said Mack, he goes, yes. I go this is David Katz. Do you have a couple of minutes. He said yes, a couple, go ahead. I said I'd like to speak to you about two things. One is I'd, I think that it'd be good if Auburn got approval for 82 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 the Ocean Breeze project, to make that move forward, to get the um, the project going, it would be go, excuse me, it would be good for the community. He said, what else, just like that, what else. And I said, well I'd also like to talk about the Heart of Boynton area. I know there's been some bad feelings and animosity concerning, uh, Intown, in relation to that praject. I think it would be good to put that behind us as you did as the City Commission and now as the CRA Board and that living by, uh, previous board member Marie Horenburger's motion which Commissioner, uh, sorry, uh, Board Member Weiland referenced, that you should go to number two and try to build those bridges again in the community. He said, says that's it? And I go, yes, and he said, bye. And yes, my phone number is on record with the City Clerk. Yes, my phone when when sometimes when I call it does come up as a private number or unknown, but that's you know, that's just the way it is, but my phone number is on record with the City Clerk and I'd be glad to state it here right now if anybody wants me to and that's, the extent of the conversation. Board Member McCray: Point of clarification. Since you are on the floor, he did not say for the citizens over there. He said for the people over there and I took an offense and that's why I told him good bye and we are referred to as citizens. And Mr. Katz, it might not be none of my business what they are paying you, but I need to know are you registered and you all need to get me some information if he's a registered lobbyist and if so, how much are you all paying him. I'm just saying there's some, its public record. It's something that's coming before us. We've got a big development here, and when he said its none of my business, then let's make it the public's business. Chair Taylor: Okay Board Member McKoy: Mr. Chair Taylor: Pardon me? Board Member McKoy: Weiland. Ms. Simons: This has nothing to do with Intown. This has to do with this mess. I would like to go on record. This is Samantha Simons, Principal of Intown, uh, regarding David Katz, because it's, it's been an issue and I, I believe even, um, board member McKoy asked about whether we had a lobbyist, okay? David, I want to go on record so this is all on record. We were contacted, I don't know exactly what month, but we were contacted by board member, former board member Marie Horenburger, that you must call David Katz, 'cause he could help you with your prajects, okay? I returned the call, um, to um, Horenburger. She called me three times. I met with David Katz at Starbucks Restaurant and I told him, under no uncertain terms, were we gonna pay him to help us, but, if as a citizen of Boynton Beach, he wanted to help us, he could but we weren't paying him. He was never gonna be a paid lobbyist for us. He was only gonna 83 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 do it on his own will. It obviously got very heated but David Katz was quote unquote lobbying for Intown. That was never the case because again I state he was doing it on his own will. We were asked time and time again, "are you paying David Katz?" And I understand, I mean, not everybody's liked and some people like some people and other people don't like others, okay? And, we got a lot of heated discussion. I want to go on record that outside board member Weiland's office, he asked me "when are you gonna pay David Katz?" Chair Taylor: Thank you. Ms. Simons: "When are you gonna pay David Katz?" Board Member Weiland: Who asked you? Ms. Simons: You did. You did, board member, and I'm going on record today as this has been a very, very heated discussion. Chair Taylor: Okay. (Vice Chair Rodriguez left the dais at 9:16 p.m.) Ms. Simons: And I've got Richard Baran to attest to the facts. We never paid David Katz. However, you asked me "when are we gonna pay David Katz?" And that's all I have for the record. Thank you. Board Member Weiland: If you would like. Chair Taylor: Excuse me. Ms. Simons: Payor play in this City. Payor Play. Board Member Weiland: If I could make a response to that. I know... Chair Taylor: I'm sorry, please, call the place to order. I'm sorry, please leave the Chambers. (Talking to Ms. Simons) (Board Member McKoy left the dais at 9:18 p.m.) Board Member Weiland: I would like to make a public statement. I met with Mr. Baron and the girls at my office. I never made a statement of that nature and I will be willing to take a lie detector test tonight, tomorraw morning, whenever it may be. I 84 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 know I can to go sleep tonight and know I've told the truth. I'd be willing to take a lie detector any time somebody asks me to. Chair Taylor: Yes. (Vice Chair Rodriguez returned to the dais). Chuck Magazine: Uh, I didn't plan to get up and speak on this but since the subject has come up my name is Chuck Magazine and I'm the Risk Manager for the City of Boynton Beach. Back in March, I attended the Palm Beach County Days in Tallahassee. I did not represent this City. I am President in of the Palm Beach County Chapter of the Risk and Insurance Manager Society and Chairman of the Legislative Affairs Committee. I took vacation, my chapter paid for my way, uh, so I had, I, you know, I, I hung around with some of you people but, uh, I was there for my risk group. Outside of the hotel, I think it was their first or second evening, Mr. Katz was there and he, uh, asked me if I was there representing the City and I said no and I showed him my badge that, uh, I was representing my risk management group. I said who are you here for? He said that he was representing Intown, He was intraducing them around to the State, County and local people. Uh he didn't say he was being paid, so I don't know whether he was being paid or whether he was, uh, you know, paid his own way up there but the fact is that he told me that he was representing Intown. And I just wanted to make that clear for the record also. Chair Taylor: Thank you. We have a motion on the floor I believe. Uh, do we not have a motion on the floor. Vice Chair Rodriguez: Yes, we do. Board Member Weiland: We do, we have a motion to, uh. Vice Chair Rodriguez: I believe you have a motion and a second. Board Member Weiland: Commence negotiations with Auburn Group. Chair Taylor: And there was a second to that motion for discussion. Vice Chair Rodriguez: Yes. Chair Taylor: So I've a motion and second. Um, the City Manager, do you need to say something before we call for a vote? Mr. Bressner: I, I would say that my recommendation is that you do a new RFP. 85 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McCray: Thank you. Chair Taylor: I've a motion to uh, and a second to as the CRA originally said go back and try to negotiate with the second, uh, person so I'll call the vote on that. All in favor of doing that say aye. Chair Taylor: Aye. Vice Chair Rodriguez: Aye. Board Member Weiland: Aye. Chair Taylor: All opposed. Board Member McCray: Nay. Chair Taylor: Mr. Rodriguez did you say aye. Vice Chair Rodriguez: Aye. Chair Taylor: Show the motion passes 3-1 with Commissioner McKoy absent. Vice Chair Rodriguez: Can I uh, a housekeeping matter please. Chair Taylor: Yes. Vice Chair Rodriguez: On this particular matter. Um, we received, um, some, some, um, cost dollars fram the City Manager as he negotiated the deal with Intown, that was unsuccessful obviously and I'd like a motion like a motion that we pass those costs on to the CRA. I think its appraximately $24K so motion that those costs of the negotiations, legal costs and City Manager time be absorbed by this board. Board Member Weiland: Respond to that, so being this issue is just being brought up. My quick thinking on that is I don't think the CRA should be responsible. The City Commission are, is, are, the graup, were the group that asked, uh, assumed the discussions, take the discussions fram the CRA and bring it back to the Commission for the MLK area, so - (Board Member McKoy returned to the dais at 9:21 p.m.) (Board Member McCray left the dais at 9:21 p.m.) Vice Chair Rodriguez: Had we - - 86 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member Weiland: With us suggesting, uh requesting to do that, I would assume that we would have assumed the responsibility for the finance, financial end of it, uh, for that period of time. Vice Chair Rodriguez: I, I, um understand your point, but had we delivered a successful contract, you know, we still, there was a job that was done and I ultimately, we were going to turn it back over to the CRA as a function that they would have incurred cost on and did not because we did it. So that's why my motion is on the floor. Chair Taylor: Well they would have, uh, you know they could have either agreed or disagreed with whatever we sent back to them but uh, I kind of view, Commissioner Weiland, they never asked us to take that over. It was the City Commission that went ahead and, and did that and so I think it was our responsibility if we're gonna do it to fund it, they never asked us to do that so I don't know why we would bill them for it so I understand what you're saying. Vice Chair Rodriguez: It's a CRA function that's why that's all. Chair Taylor: I understand, I understand what you are saying but - - Vice Chair Rodriguez: Sure it is (inaudible). Chair Taylor: There's a motion, was there a second for that? Board Member McKoy: I'm sorry, what was the motion? Chair Taylor: There was a motion to charge back - - Board Member Weiland: Uh, no, there was no second to that. Chair Taylor: No, I don't think there was a second. There was a motion to charge back to the CRA the costs the City incurred by having the City Manager then meet with Intown. Board Member McKoy: CRA -(inaudible). Vice Chair Rodriguez: Twenty four thousand dollars, I, I, I felt it was a CRA function that we, we're providing on their behalf and they would incur that cost regardless. Vice Chair Rodriguez: Yes. Board Member McKoy: Okay. 87 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: You felt the CRA, but the CRA was negotiating, they didn't need that, the City decided to take it over and do it so. Board Member McKoy: But the motion is to have the - - Chair Taylor: Pass on the cost. Board Member McKoy: Back to the CRA. Chair Taylor: Right. Yeah, yeah, yeah. Vice Chair Rodriguez: Twenty four thousand dollars. Board Member McKoy: Okay. Vice Chair Rodriguez: And there's no second yet. Chair Taylor: No second yet. Board Member McKoy: Oh. Vice Chair Rodriguez: Put you on the spot. Chair Taylor: No second. Motion dies for lack of a second. Attorney Cherof: Mr. Chairman could I ask you to return to the previous motion then, uh, Board Member McKoy was off the dais for a moment and the record should reflect what his vote is on that motion. Chair Taylor: Okay. Commissioner McKoy. The vote was to, the vote was to return to Auburn Group to try to develop a, ah, the developer's agreement and, uh, that was properly seconded and it was. Board Member McKoy: Well, that, that was the original agreement when it was offered to Intown is that correct? Chair Taylor: That's correct. Board Member McKoy: My motion is yea. Chair Taylor: Okay, so show the action passes 4-1 then. 88 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: Mr. Chair, could I get some clarifications? I'm sort of caught here in the transition. So would that be directed for attorney, CRA Attorney Cherof and I to begin those negotiations? Is that appropriate? Chair Taylor: That's apprapriate. Ms. Bright: Thank you. Chair Taylor: Thank you. Okay, that takes us to, uh, presentations by the respondents of the Ocean Breeze. Board Member McCray: Mr. Mayor, Ms. Bright, excuse me. Before we uh, go any further I did not get clarification and that was, is Mr. Katz a registered lobbyist, and if so, since that is none of my business, still, is he being paid by Auburn, which you said he was. I'm just saying we need to get some clarification. I'm just saying, you know, if he don't want to tell us, I'm quite sure Auburn wouldn't mind telling us. I'm just saying you know. I need to know. Is he a paid registered lobbyist? Mr. Katz: I registered with the City Clerk and filed the praper paperwork. Board Member McKoy: Okay I have a question, what to Auburn Group Mr. Mayor if I may. What is your relationship, Mr. Katz. You need to - Thomas Hinners: Resident of the City of Delray Beach. Board Member McCray: Pick it up. Thomas Hinners: Resident of the City of Delray Beach and, uh, David Katz was hired by Auburn Group as a lobbyist. Board Member McKoy: Is he still, you said was, is he still? Mr. Hinners: Yes. Right. Board Member McKoy: Thank you. Board Member McCray: Okay, since he was hired, I'm just saying, since it's not gonna be public record, it is public record. What is it you all pay Mr. Katz for his work? Mr. Hinners: Well, I don't know that I should divulge that. It's up to him. I guess. 89 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McCray: Okay, as long as the record speak that you didn't want to divulge it, I'm just saying that something coming up this big, a development, etc., then we just gave you another one. Chair Taylor: Well, we have a lot of people come before us with agents who are hired by these companies to represent them. We don't ask them what they're getting paid. You know, so I don't know why we're doing it this time. So. Okay, thank you. Board Member McCray: We never had to ask them either sir, okay? Reverend Land Chaney: To our chairman, I, as a citizen now, I guess I have a concern. Um, from the discussions tonight we're - Chair Taylor: We need your name and address. Rev. Chaney: Oh, I'm sorry, please forgive me. My name is Lance Chaney, 238 Birch Street, Boynton Beach, Florida. Sitting in the audience, it has been braught to my attention that there may be some conflict of interest and I guess I would love to get some information in regard to that. At a previous meeting, it was indicated that Mayor Taylor, and Board Member Taylor and Board Member Rodriguez paid Mr. Katz $2,500. And now we have some other issues about him now being a consultant for this Auburn Group, as well as a possibility at least some allegations that Board Member Weiland also was involved in some money between Intown. And so I have some real concerns that if, as board members we have one that's paid him for consultant $2,500, another paid a company called Happy Times that he is involved in for $2,500 and he is a consultant for Auburn, it appears to be a rather blatant conflict of interest. Thank you. Chair Taylor: Well, let me address that for you. In order to have a conflict of interest, you have to, uh, uh, achieve some personal gain fram anything that you vote on. I have no way of achieving any personal gain. I hired Mr. Katz during my campaign for Mayor as a worker bee for me as a campaign worker with me, which, uh, he was, quite frankly, outstanding in the work he did for me and it's public record. It's on my campaign things, and, but I have no way of gaining anything from what's before us here, personal gain for that so there's no conflict here. Rev. Chaney: There just seems to uh, uh, again, to be an appearance of collusion. My real concern is this Mr. Katz, good or not good, what have you, but we now hear that three of the board members have personal relationships with him and he is also now, one of I guess spokesperson or lobbyist for a developer for the City. And again, it seems to really appear to be a conflict of interest if that information hasn't even been divulged. So, as this group is getting ready to come, it has not even been divulged from you and the rest of the boards that you've paid him or you've had contact with 90 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 him and it appears, again, and I think Auburn Group is probably a phenomenal graup, but I just have some concerns. Chair Taylor: I, I, I don't know why you said it hadn't been divulged. It's public record. It's all public record. Not only that, somebody brought it up at the last meeting so its very open to the public. Nobody's hiding anything. Rev. Chaney: I'm sorry sir but that was at the Commission meeting and not the board meeting. Chair Taylor: Uh, huh. So what, I'ts still public information. Rev. Chaney: I'm afraid that now that you are sitting as a board, you have to divulge that information prior to them coming so that when you determine to vote, there's no collusion. Chair Taylor: There's no conflict in my mind. I have nothing to divulge. There's no conflict. Everything's already public record and I have no way to gain anything from this. Rev. Chaney: And absolutely I'm not going to argue with that, but if you read the information as a board, you have to divulge that information to the public if they're going to be presenting to you. Chair Taylor: Its' already there, nothing is being hidden. Rev. Chaney: Thank you very much. Vice Chair Rodriguez: Chair, you know part of the responsibility that Commissioners and City Mayors and mayors have is to listen to the citizens. I mean I, I look around the room I've prabably had conversations with 15 people in this room and every single one of them advocates a position on something. And that's what we do. We listen, we listen, we listen and we make judgment on whether we want to support it or not support it. It doesn't necessarily mean we're gonna tell them we're gonna support it but I have an obligation to listen to everybOdy that calls me, and I do call everybOdy back regardless of who you are. And so everything that is on my, on my elections forms is publiC information obviously, the State of Florida regulates that uh, and you know, I will continue to listen to anyone that calls me. I will continue to listen to a, um, an opinion they have, and I, at the end will formulate my own opinions and how I vote is my business and my business only. Chair Taylor: This is not a discussion we're not going back and forth, we heard your scenario, we're moving on. Thank you. Thank you. 91 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Rev. Chaney: It truly is not and he's addressed it. I - - Chair Taylor: I'm sorry, we're not listening anymore. You have, we listened to you. Its not a back and forth discussion okay. Thank you. The next item is the presentation in response to the Ocean Breeze. Board Member McKoy: Mr. Mayor. Excuse me, excuse me, excuse me Mr. Mayor. Mr. Mayor, may I have the floor? Chair Taylor: Go ahead. Board Member McKoy: I would like to hear what Mr. Chaney has to say. Mr. Chaney. Rev. Chaney: The only thing I'm trying to get acrass to Board Member Rodriguez there's a difference between someone, um, speaking to you about their issues and someone giving a formal presentation and when those formal presentations are submitted, then it is your responsibility prior to, to divulge a connection to that group. And that's all. Thank you so much. Vice Chair Rodriguez: Thank you. Chair Taylor: Okay, we're gonna move on now to presentations. The first one's American Realty Development. Mr. Silver: May I have a word. Taylor: I'm sorry I'm moving on in the meeting now. Thank you. American, American Realty Development is first up. Vice Chair Rodriguez: Can I, can I, can I make some comments, questions before we get started for clarity? Chair Taylor: Sure. Vice Chair Rodriguez: Uh. The proposed, the agenda item staff report that we received, um, a couple of questions. Um, for the Auburn Graup there's, there seems to be maybe an error in the numbers in the financials. Um, I'm looking at section 2, page 4 it talks about. Chair Taylor: Why don't we ask that when they come up and make their presentation. 92 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Vice Chair Rodriguez: Well, because it was from staff. Chair Taylor: Oh, okay. Vice Chair Rodriguez: It was from staff so that's why, so there was and I don't know if I'm right or wrong but, I, I, saw a discrepancy. The Auburn Group shows subsidies of 1.4 million and 2.25 million and if I'm looking at their presentation, it calls for subsidies of 1. 75 million and 2.25 million. Ms. Brooks: If you look at the um, one of the subsidies and I hesitate to call it a subsidy is they are requesting that we invest a certain amount of money into community land trust units. Vice Chair Rodriguez: Right. Ms. Brooks: In other words we buy them or put a subsidy into them and the math that they had in their proposal was incorrect. I think it was um so many units per so much subsidy per unit so I used the correct math. Vice Chair Rodriguez: You corrected their proposal? Ms. Brooks: Yeah, no, no I didn't correct their proposal. I corrected their math that's all. They, their math was incorrect on that and they could, they could prabably talk about that but, they're, um, I don't really know if you want to call buying or creating land trust units which remain under the ownership of, um, a land trust in perpetuity a subsidy per say because you're actually your getting an asset. It's just like when you buy a property you put the money out but you book it as an asset on your books, so I don't necessarily look at that as a subSidy but I put it in there because that's what they put in there. Vice Chair Rodriguez: Right, so, um, the other question is it talks about, um, in the event HOME and/or SHIP are not awarded and a praposed CWHIP application is not funded and there's an additional subsidy that may be required. Ms. Brooks: Yes. Vice Chair Rodriguez: Did you take that into consideration on this. Ms. Brooks: Well, I think everybody had certain subsidies that have to be applied for and are competitive. Um they most likely everyone is applying for CWHIP which is the, um, in the rental cases, they are probably going to be applying for, uh, low income housing tax credits so this is a praposal. All of these are proposals and they can get into more detail of how they see it playing out. 93 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Vice Chair Rodriguez: Did all, did all of the praposals have that contingency of an additional allotment if the CWHIP application was not funded. Ms. Bright: I could speak. Let me, I can speak to that. I was at the rule committee meeting at CWHIP in Orlando a couple of weeks ago. This particular praject, regardless of the individual, uh, individual graup that you select is poised from the work that the CRA board and CRA staff did, um, in lobbying in Palm Beach County Days. This particular project and one other site we've worked with the Gulfstream Mall site down there, so both of these sites are poised in terms of the CRA being a supportive partner in whoever the entity is who is selected, so meaning we have to partner with them in terms, for them to get their CWHIP money. Vice Chair Rodriguez: I know, but they're saying if they don't get it, then they're going to request it of you, the us, the CRA. Ms. Brooks: These are all of the, um, praposals your gonna see tonight are affordable and although there is a land write down assumed in two of the proposals, um, it would not surprise me because of the cost construction. If you're familiar with how you build low income housing or affordable housing, the cost of construction alone, even if the land is very cheap, is still in excess of what the revenue will pravide so there's usually subsidy and, but there is a lot of sources of subsidy and all three of these praposers are I would say very proficient in getting subsidy and they, if they're not, none of them are gonna count on once source of subsidy and I'm sure that they will make that clear in their presentations to you. I feel very comfortable that anyone of these people can take this praject and run with it. Um, it was I think a wonderful response that we got three very, um, experienced groups and I think that speaks to the RFP, the quality of the RFP, the quality of the site, the fact of the matter of having that much acreage, uh, assembled in an, um" inner city area urban area, close to all kinds of major raadways, highways, transportation systems so I feel very confident in the ability, and if you look at the praposals, every, uh, all three of them have extensive experience in getting subsidy for affordable housing. Vice Chair Rodriguez: The, the other question I have is on the RFP that I read thraugh it talks about five individuals providing reviewing and I guess the CRA board or CRA member was going to be a fifth and I don't see that. Ms. Brooks: No, they were just going to serve at large. They were not actually scoring and, in fact, there were only five independent committee members that were doing the ranking and we, one of them didn't, didn't give us a response so only four people did give us their ranking. Henderson Tillman was at large, just serving at large. That means you don't vote. If your, you know familiar with that. Vice Chair Rodriguez: Who didn't you get responses from? 94 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Brooks: Uh, we had Wade King was, was one of the people who did not return their scoring sheet to us. I was unable to get a hold of him. Everyone else of the five- member committee, um, returned their responses and I believe in your packet you have the list of the independent, um, committee. Vice Chair Rodriguez: Wade King is not the, what is his profession? Vivian Brooks: He is a, um, property owner in the Heart of Boynton. Vice Chair Rodriguez: Thank you. Chair Taylor: We've had a request for a five-minute recess before we start the presentations. Patrick Law: If we could, if I might beg your attention. My presentation is only going to take about two minutes. Chair Taylor: Two minutes. Mr. Law: Yeah. Chair Taylor: Okay. Mr. Law: This way I can leave and go home. Chair Taylor: Go ahead. Board Member McCray: Right, right sir, but, uh, Mr. Chair before he starts his presentation I wanted to do it, a disclosure that is that I did not talk to any of these developers. Thank you. I did not. Thank you. Chair Taylor: I didn't either. Board Member McKoy: Uh, I did have a conversation with Auburn. Chair Taylor: I didn't talk to any of them. Yes sir, go ahead. Attorney Cherof: Are there any other disclosures? Excuse me. Are there any other disclosures by board members? Vice Chair Rodriguez: I had a meeting with Auburn also. 95 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member Weiland: I had a meeting with Auburn Group but not with Ocean Breeze. It was concerning, uh, Boynton Bay Apartments about the possibility of a downtown master plan. Chair Taylor: I've not met with any of them. So, good evening. Mr. Law: Hi, my name's Patrick Law, I'm with American Realty. Mr. Mayor, Commissioners, normally I'd say it's a pleasure to be here, however, uh, it's been an interesting evening. I've just been handed a review of proposals, which talks about experience and I see that contrary to the representations that we're all highly experienced, according to whoever reviewed these proposals, we're about, uh, half as experienced as this Auburn outfit I'm hearing about. Happens that we, in the last ten years, were the most successful percentage wise people in obtaining ninety percent tax credits in this state. We also have gotten one every single year for the past ten years. Our financing is simple and it's not a subsidy. When we go to the government, we get a tax credit. Board Member McKoy: Excuse me. Can you hold up one moment for the clerk. Mr. Law: When we go to the government and we get a tax credit, that is not a subsidy. That's a deal with the government where some investors pay for the tax credit. The City doesn't pay. There's no $7M I'm gonna pay for this land. But give me back $4M. I was gonna pay you 4.2 million for the land and I don't need anything back from you. That's a net 4.2 million, not $7M minus 4M for 3M and I see a proposal here and judging it somehow calls that a real subsidy. Oh, and because you are gonna keep the, somewhere in twenty or fifty years get this non-interest paying land grant thing back, you are counting that as though it wasn't really a cost to this City. It's a cost to this City. So you're getting a $3M proposal there. It's also on a piece of property that was an RFP for eight acres. I see all sorts of sizing out here. I will say this. Pinnacle, at least, put some dollars in for the extra land that they would have to buy. I don't see that in the Auburn deal and I see a very strang indication when I see an RFP overlooked on a toss back, on a deal that failed, that there's not gonna be a new RFP and you're giving the same people we're competing with, I think we're wasting our time. Thank you. Good night. Chair Taylor: Okay, we'll take a five-minute recess. Mitchell Friedman: Well, um, Mr. Mayor, Mr. Mayor my presentation will only take one minute and then we can go and recess. Chair Taylor: And you are? 96 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Mr. Friedman: My name is Mitchell Friedman. I am principal owner of Pinnacle Housing Graup. I'm listed number three on your agenda for presentations. Chair Taylor: Okay. Mr. Friedman: Uh, Mr. Mayor, or Chairman, members of the Board. After listening to your discussions this evening, uh, on a variety of matters, uh, in overlooking the scores that were given by the Selection Committee, and also hearing about the fact that there mayor may not have been contacts, and for the record, I have had no contact with any of you, I'm sure that you realize that and that's because we followed the rules that you set out in your own procedure that there can't be any communications for any reasons except for people who were designated and that's staff. Based upon that, I'm respectfully asking you to accept our resignation from this process. Uh, we will not compete and we will move to, uh, not make a presentation this evening. Thank you very much and good luck. Chair Taylor: Thank you. Mr. Law: May I make one contact on disclosure. I never talked or met one of you before. And don't have a lobbyist walking in either. Board Member McCray: Thank you. Chair Taylor: We'll take a five minute recess. The board recessed at 9:43 p.m. The board reconvened at 9:54 p.m. Chair Taylor: We're going to call the meeting to order. I will recognize Commissioner Rodriguez. Vice Chair Rodriguez: Uh, obviously we've had um, we've had, we've had some challenges here tonight and, um, and legally, I, I don't know where we stand with this RFP process. It does sound like we've violated some of those terms which unknowingly we did, I would assume. And so I'm gonna defer to the attorney, the CRA attorney to see what our next step should be in this, in this RFP process. Attorney Cherof: We'll, I think it would be premature to conclude that you have violated any terms of the RFP. I just don't think, um, we have enough facts to make that kind of a determination so I wouldn't go there. But you have, um, you were down to three praposers. One unequivocally withdrew. The other, by action, appeared to have withdrawn by leaving and making a short speech about it. Traditionally, when 97 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 you, when you go out for RFP and you're down to only one proposer, you usually reorganize and issue a new RFP and see if you could attract a wider field of participants in the process as the pracess is intended to bring you, uh, a number of alternative proposals to look at. Board Member Weiland: I have two questions. Uh, I'm not sure what we're, uh, discussing about what violations we mayor may not have, uh ,violated, uh, if that could be explained to me. Attorney Cherof: Sure. Board Member Weiland: And then I'll go to my second question. Attorney Cherof: One of the individuals that stood up made the comment that, uh, there had been, uh, purportedly some violation of the no communication prohibition that is set forth in the RFP. I'll read that pravision for you. It said, it says, "It is expected that through the no communications with parties other than those specifically noted herein and such communications will be exclusively for clarification regarding procedures and objectives. The CRA prohibits communications to or with any department, bureau or employee during the submission process. Communications with any parties for any purpose other than those expressly described herein may cause an individual or firm to be disqualified immediately fram participating in the development solicitation." That's the clause that I think was invoked by the comment made at the micraphone. Board Member Weiland: And how do you interpret that? Attorney Cherof: Well its, it's a little bit cryptically worded but it does appear to be a non-communication directive that anybody who is intending to make a proposal channel all of their communications all of their requests for information, to the individuals who are designated in the RFP for responding. And those are staff members. Board Member Weiland: Thank you. Board Member McKoy: I have a question Mr. Mayor. Mr. Cherof you, uh, could you, the later part of the your interpretation of that I think you indicated that if there was a fault in the pracess then it should go back, go back out for RFP is that correct. Attorney Cherof: No, what I was indicating was that ordinarily when you go out for an RFP and you don't get enough of a response so that you have proposals to compare, um, you start again. You issue, you request new, new praposals. Board Member McKoy: What's your recommendation? 98 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Attorney Cherof: Well, ultimately that's a policy decision. Board Member McKoy: What is your recommendation? Attorney Cherof: My recommendation would be go out for RFP's to reject all those made to-date and start again. Board Member McKoy: Okay, Mr. Mayor. Chair Taylor: Yes. Board Member McKoy: I'd like to make a a motion to go back out for RFP and reject the one, uh, uh, developer that's before us. Board Member McCray: Second. Board Member Weiland: Second. Chair Taylor: Yeah, I have a motion and a second. Any other discussion? Board Member Weiland: Yeah, I have discussion. I'd like to get to my second question, uh stated all along I'd like to see things moved forward. Uh, the Ocean Breeze praject is something that we all know can get off the graund right away and show the community that something is happening. I need to know and I think I know, but I want to know for further clarification I, 100% understand what's going on. Uh, if we go back out for RFP, walk me thraugh the process and timeframe of what it's gonna take to advertise it, wait for proposals, review proposals, get people back in here for meetings and how long are we gonna have to delay this project before we move forward? Ms. Bright: Four months. Board Member Weiland: Four months. Ms. Bright: It will take four months. Board Member Weiland: Four months before we can make a decision on who we're gonna pick. Ms. Bright: I would think so. It takes typically 30 days, um 45, um, then they bring it in, I mean you're looking I would think it would not be braught back to you before your November meeting, would be the earliest you could address it. 99 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member Weiland: And I don't mean to sound negative but you are saying you think. I, I just don't want to say I think four months and it's seven months. Ms. Bright: Four months would be the minimum. Board Member Weiland: Okay. Uh I just, you know, I mean we've had three people here tonight. We have the background on these people, uh, on all these proposals and uh, and it's a shame that we didn't get to listen to their presentations. Uh, I hate like heck to start over again because who suffers by this but the community. And we sit here night, uh, meeting after meeting and state that we want to see things moved forward. We want to see things happen and we're, we're, it's been suggested that we delay the project all over again. Uh, I know there's a motion on the floor and a second and, uh, I would like to see this project move forward tonight. Board Member McCray: Chair. Board Member Weiland: That's my opinion. Board Member McCray: Chairman. Chair Taylo"r: Yes. Board Member McCray: Let me make comments because he keeps saying that you know the folks over there want to see something happen. Sure we want to see something happen, but we want to see it done decent and in order. We want it to be done proper. Right now it has not been done proper. I'm just saying we have lost faith in not only the CRA, as to what we've done. They lost faith also in this Commission. Let's show them that we are going back out and get it done and get right. I'm just saying you know, what is the urgency now? I don't have an urgency. I can wait. I'm not going anywhere. Chair Taylor: I have a motion and a second... Yeah, uh, Mr. Mayor, on an item, I'm allowed to talk on this. Chair Taylor: Go ahead. Herb Suss: Ya know, we're gonna go down a road again and we better be very careful, especially what's happened here tonight. Very careful. And I believe in a code of ethics for a CRA Board, a Commission, that's the way I feel about it. However, two good companies walked out tonight. Two good companies walked out tonight. I don't want to see, with all due respect Commissioner Weiland. I want to see an orderly, because you're gonna have to answer to the citizens. You're gonna have to answer to 100 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 the citizens, and that's me too. You have to go out, if it's another four months, I don't want to railroad or uh, um, and I don't mean it the way it sounds, okay? We have got to open this up so that this is fair and not have this CRA Board be criticized, because you're gonna open yourselves up for criticism. I know you can take it, but that's not the point. The point is, we have to. It's another four months, but you'll owe the citizens. Two fine companies walked out, and you have to open this up to an RFP. To do anything else, to do anything else, you're gonna open yourself to a storm of criticism and, let me tell you, you will, and, and I'll be part of that because this has gotta be opened up fair and square and go back to square one. We waited all this long. You guys have wasted four years. The previous Commission, the CRA Board, whatever it was. Four years down the drain. Well, what's another four or five months to do this thing properly. Let's do it properly, okay? Do it properly. You answer to me as a citizen. Let's do it properly. Board Member Weiland: Let, let me just respond to that real quick. We're going to open ourselves up to criticism on a lot of issues that we vote on, regardless of whether it's tonight or four months, or this topic, this issue or another issue and, and you know that as well as anybody else. I mean, if the person on the other side of the table doesn't like our vote, we're, we're the bad guys because we didn't do this or we didn't do that. I, I'm just stating, and, and, what you say is not fair, it was fair tonight. There was three parties here and it was their choice to walk out. Now I'm, I'm sittin' here tonight, I can vote either way and, and live, I, I'm forced to live with the majority of the Commission's, uh, Board's decision but the fact of the matter is we have a reputable company that can do the job, in my opinion. Herb Suss: I'm not arguing about the reputable, about that company, okay? In what, in lieu of what's happened here tonight, you know what happened here tonight-- Board Member Weiland: So why do we subject-- Herb Suss: So, what-- Board Member Weiland: ...a negative to the company that's still. Herb Suss: Well, because we should open this up for an RFP to be fair to other, maybe these companies want to come back. I'm not, this company could be a fine company. They probably are. But, you've got to open this up because, and get in touch, and maybe those two companies will come in because you're gonna open yourself up to, rather than open yourself up to criticism to stall it for another four or five months to get the right people in, okay? Thank you. Board Member McKoy: Mr. Mayor, could you call the question, please. 101 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Let's, Let's... Buck Buchanan: Could I, could I, could I speak, please. Chair Taylor: Yes, go ahead. Buck Buchanan, 807 Ocean Inlet Drive, um, I was one of the uh reviewers of the proposals. And, uh, not only did I not talk to anybody, most of these people I've not even seen before tonight. Uh, so I've not been influenced in any way. Uh, I had uh, I was a Special Agent, Special Agent Supervisor for the Florida Department of Law Enforcement for 28 years. Also, I have an engineering and business background. Uh I spent a lot of time over those proposals. Uh, Auburn was head and shoulders above the other two. I suspect the other two walked out because they saw the scores, and that a rational body would probably go with the four, with the scores of four independent reviewers. However, that being said, and I believe from everything I saw, if Auburn were to be in another competition for the Heart of Boynton and they performed the same way they did on this, that they'd probably win that competition too. But all that being said, um, I believe the best thing to do, even though it would take more time, and it's not a matter of, it's just a matter or perception and credibility. I believe that you need to go back for F, RFP on this, and I believe Auburn will win again. Uh, but I believe, and I know it's a four-month delay, and I don't like to see it either, hell, at my age, I don't green bananas, but, so I don't want a four-month delay. But I do believe that just for those reasons, perception, credibility, it needs to go back out, even though, if the other, if the other two had stayed in the room, I firmly believe that you would have voted Auburn in but, but the game's changed with all that's happened here tonight. Also, um, and once again, I don't like to see delays but I also think because of that, uh, I agree with Kurt Bressner's recommendation that on the Heart of Boynton, go out for another RFP. I believe that Auburn, if they perform on that, the same way they performed on what I reviewed, that they'll win that RFP also. And, of course, there's always gonna be weeping willie and gnashing of teeth. Chair Taylor: We already voted on that one. Mr. Buchanan: I know, I know, but anyway, uh, I just think that these perception matters really are important. Thank you. Chair Taylor: Thank you. Mr. Buchanan: Thank you. Chair Taylor: Mr. Hinners. 102 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Tom Hinners, resident of Delray Beach, representing Auburn Group, um, when we scheduled the meetings with three Commissioners, we did not, uh, intend to talk about Ocean Breeze. We talked, we were talking about Boynton Bay and about, uh, uh the City Hall proposal, and, uh, but in one of those meetings, we were asked questions about Ocean Breeze and problems that uh, we're seeing in our application, and uh, so, I mean, if technically, the RFP uh, terms were violated, uh, then we would uh, I mean our reputation's important to us. We'd like to withdraw from this and uh, submit for a new RFP. Chair Taylor: Thank you. Mr. Hinners: Thank you. Chair Taylor: I have a motion and a second to uh-- Man in audience: I have a question, I have a question. Chair Taylor: --go back out for RFP. I'll call the question. Oh, I'm sorry, go ahead. I'm Chris Plummer, representing R.M. Lee CDC, 900 N. Seacrest Boulevard. I just have a question for the attorney in terms of what he read did not state exactly when the, and I call it the cone of silence, um, would uh, and whether it was after submission or prior to submission if that could be clarified for future reference. Attorney Cherof: Well, as I indicated, I, you know, I read the language and I thought it was a little bit cryptic. I didn't draft it. You know, the author may know better what they intended by it, but it's general in nature and it's consistent with um language in other agreements of other RFPs of this nature that, um, I wouldn't use the word cone of silence but it channels communications inquirers through a particular source so that there could be a record of those. Mr. Plummer: And up to what point, um, in the process? Attorney Cherof: Uh, it says during the submission process. Chris Plummer: And does that include the review process? Attorney Cherof: Well, they haven't even made their presentations yet tonight, so I think it would include all the way up through the presentations. I think the intent is to be able to capture what is occurring that is not occurring publicly. Mr. Plummer: Okay. 103 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Attorney Cherof: So if the communications occurred outside of the public venue, then I think it's covered by that prohibition. Mr. Plummer: Okay. And would it also cover the fact that this was the first meeting, what is the relevance of the first, this is the first meeting of the CRA Board. Does that. .. Attorney Cherof: I don't think that makes any difference. Chris Plummer: Any difference. Okay. Thank you. Chair Mayor: Okay, I have a motion and a second. All in favor? Chair Taylor, Vice Chair Rodriguez, Board Members Weiland, McKoy, McCray: Aye. Chair Taylor: All opposed. Chair Taylor: Show the motion is unanimous. Chair Taylor: Okay, um, this takes us to Comment... oh, there was an item E? Board Member McCray: Yes sir. Vice Chair Rodriguez: Where are we? Board Member McKoy: Where are we? I'm sorry. Where are we now? Chair Taylor: Under Old Business, item E, I didn't... Board Member McCray: E. Chair Taylor: Right. Board Member McCray: Right, right. I had it added. Chair Taylor: Yeah. Board Member McCray: Oh, okay, I just need to uh, highlight some things for the record. This came to us July 15, 2005 and it was put out in the Palm Beach Post by Eric Sivenches (sic) and Luis Paraz, staff writers, in regards to the property that was purchased by, that was sold just by Mr. Larry Finkelstein and it says that, Finkelstein said Thursday he was making a deal in the property but he could not discuss it. That 104 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 was one. Then it gets very interesting and it says, while Finkelstein was Chairman of the CRA, the Agency endorsed a Heart of Boynton Redevelopment Plan which proposed removing the Boynton Terrace Apartments. Finkelstein left the CRA in June 2004. Finkelstein said in his resignation letter that he hoped to work on development projects in Boynton Beach in the future and wanted to avoid any possible or perceived conflicts of interest. Mayor Jerry Taylor said he welcomed Finkelstein involvement and doesn't see any conflicts of interest with the proposed project. He never got into that Boynton Terrace thing until after he was, uh, off the board, Taylor said. The staff concluded by saying one thing is clear. Taylor is a fan of Finkelstein's efforts. I'm just saying, I just wanted to put this in for the record, uh, that came from this July 2005 of the Palm Beach Post. I'm just saying, since we say that we purchase some much of the property for $7M, and I'm just saying that some people said that it was done unfair and that if we charge it to the CRA but these are comments that was made. I was at that meeting and I just wanted it to be read for the minutes, that's all, for the record. Thank you. Chair Taylor: Okay, this takes us to Comments by Staff. Ms. Brooks: I just wanted to ask, um, we have one property closing that's, um, still has not closed but it's ready to close, I believe, on July 2ih Mike? Um, this is the property that would, uh, complete uh a parking area that we were putting together for the Old High School. That was one of the problems with the Old High School. There's no parking with it. Absolutely none. Um, and the closing is scheduled for July 2ih and everything's ready to go with the prior attorney, and I just need direction whether we just close with Lewis Longman and just keep it there. The title work's done. Everything's ready to go. I just need direction on that. Vice Chair Rodriguez: The project that was approved by the previous board, you're saying? Ms. Brooks: Excuse me? Ms. Bright: Yes, that is correct. It's just the closing date was July 2ih, so we were just wondering if it's okay to use that counselor you want to us transfer... Ms. Brooks: Just to finish up. Vice Chair Rodriguez: Oh, Oh, gotcha. I'm okay with finishing out with the existing... Board Member McCray: What, what is, what are we paying for that property, I'm just saying. Because it seems like when we buy anything, now they're saying we pay just too, too much. I'm just saying, we're sitting up here now. 105 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: It's the Jones property. We can e-mail you tomorrow. I just don't know-- Board Member McCray: Thank you. Okay. Ms. Bright: Somebodye-mailed-- Ms. Brooks: It was a single-family home, 265 and, uh, plus we paid her um relocation fee. She's, um, 80, 84 years old. She's lived there since, yeah, correct. Chair Taylor: Yeah. Vice Chair Rodriguez: This is where? In front of the high school? Ms. Bright: No. It's the last corner lot right across from the Police Department Ms. Brooks: Northeast First and right across from the-- Ms. Bright: Parking. Ms. Brooks: Parking, Police Parking area and it's a little old cottage that looks like nobody lives in it, um. Vice Chair Rodriguez: On, on First? Ms. Brooks: Yeah, Vice Chair Rodriguez: Where the tin roof that's resting? Ms. Brooks: Yes. She's lived there since 1946. Vice Chair Rodriguez: And that's gonna be parking for the Old High School? Ms. Bright: It's part of our downtown parking. Ms. Brooks: Downtown parking place, yeah, because there's no parking with the high school. Vice Chair Rodriguez: That's not close to the high school. Ms. Brooks: We only got the footprints of the high school. I don't know if you realize that. When it came to the CRA, it was just a footprint. There's no parking. So anybody wanting to look at it for future use would be very hard pressed to put anything there with no parking. 106 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Vice Chair Rodriguez: So, is that, it's gonna be scheduled for demo, is that what you're saying? Ms. Brooks: I, we're not sure. We think we might want to save it because it's one of the original-- Vice Chair Rodriguez: Was, was it a parking lot or not? Ms. Brooks: No, no. Ms. Bright: She's got the relocation opportunity. We've got to find her some housing. It's not gonna immediately be moved. Ms. Brooks: Yeah, she's gonna stay there because-- Chair Taylor: She can do it under... Ms. Brooks: Because she's got to find, because she's got to find a place for herself. She's elderly and she's looking for something that might have a little assistance for her. Vice Chair Rodriguez: Coincidentally, that's one of the houses that I, I'm very unhappy with the, uh, the exterior look. Ms. Brooks: Yes, uh, we know, and her family is very happy that we made this deal with her because they've been trying to get her to move out for some time. Chair Taylor: Is the board in favor of moving forward tonight? That's what they're asking: Are we in favor of moving forward with that? Vice Chair Rodriguez: Yes. Chair Taylor: The c1osing-- Ms. Bright: Okay, so Lewis Longman will do that closing for us. Chair Taylor: Yes, you have board approval. Ms. Bright: Okay, great. Thank you. Chair Taylor: Anything else from staff? Good evening. Kathy Biscuiti: Kathy Biscuiti, Special Events Manager. In front of you, you have a flyer for our upcoming event, the Marina Summer Fest, August 4th, it's from 1 :00 p.m. 107 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 until 8:00 p.m. It's a Saturday. U, our idea was to partner with Two Georges, who does a yearly golf, oh golf, fishing tournament, fishing tournament, and um, in the past they've had 40 or more boats. The whole place is loaded with people, so we are closing down the entire parking area. We have, uh, an art show coming in, we have continuous entertainment, Junkanoo Dancers, all in the parking lot and across the street, at Ocean Plaza, all of the merchants are going to be involved. We're gonna close that parking lot as well, have entertainment over there. We're gonna have the trolleys running up and down Ocean Avenue for the entire day, connecting people to the marina, from the marina area down to the Schoolhouse Children's Museum where the Schoolhouse Children's Museum is going to have all kinds of family activities, we're going to close the street right there in front of the Museum, the Boynton Beach Police Department is doing their National Night Out, which is a safety expo, they bring in tons and tons of families. They do the um, the ID cards for all the kids, they have 300 backpacks they give away, there will be a bounce house, uh rock-climbing wall, all of that, so that's a whole day of family activities for the entire Ocean Avenue from Seacrest to the marina so we want everyone to come out. Uh, and we're also going to have the um awards ceremony for the fishing tournament at about four o'clock that afternoon so, from what I understand, it's a very well-attended event, everyone comes out, they want to see the fish weigh in and uh, and then uh, we'll have entertainment going on after that, all the way to eight o'clock so it'll be a great day. Board Member McCray: Right, are we paid for that? Ms. Biscuiti: Yes. Board Member McCray: Can somebody get me tickets for the cost please. Ms. Biscuiti: Absolutely. Board Member McCray: Thank you. Vice Chair Rodriguez: Is the CRA sponsoring a boat this year? Ms. Biscuiti: No, we haven't bought one on a credit card? Vice Chair Rodriguez: Are they sponsoring a fishing boat? Margee Adelsperger: Good evening: I'd, I'd just like to add one more item. Vice Chair Rodriguez: I'm sorry. Margee Adelsperger: Good evening Chair, board, Margee Adelsperger, Marketing Director. Uh, at the end of the event on Saturday night at eight o'clock, we're gonna be 108 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 announcing the name of the new marina, and we're currently a contest on the website, uh, asking the community to submit their entries, so I ask your help in making that selection. Um, in order to avoid any conflict of interest, all, uh, CRA board members and CRA staff are exempt from submitting any entries, and then also-- Vice Chair Rodriguez: Go ahead and tell 'em. Ms. Adelsperger: Why don't you tell them. Vice Chair Rodriguez: I got rejected. I submitted a, a name and I was told eh. Ms. Adelsperger: It prompted to an interesting, um, conversation and then also, to ensure impartiality, we are going to partner with one of our banking partners and make sure they keep the ballots safe until the night of, and then the Chair, Executive Director, will announce the winner. Board Member McCray: Not, not only, is the CRA board members exempt, the Commission is exempt as well, okay? Thank you. Ms. Adelsperger: All right. Ms. Adelsperger: And then, lastly... Chair Taylor: The CRA Board is uh.. Board Member McCray: No, I know, I want it for the record. Chair Taylor: No, I'm just saying, the CRA Board is not, not eligible to submit, right. Ms. Adelsperger: Correct. That's correct. Chair Taylor: How about, what about family members? How far do you go with this? Family members of staff or the board? Ms. Adelsperger: That'd, uh-- Board Member McCray: We need the rules. Chair Taylor: Could be, ya know, that could be a conflict, I guess. If we are, and I don't now, where do you want to go with it? I'm just askin' in case it comes up. Vice Chair Rodriguez: I was actually, I was actually gonna have my son submit mine but then I read it said you had to be 18 so, so I didn't do it. 109 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Adelsperger: Well, for the record, we're asking that the board and the staff not get involved, uh like I said, we will have... Ms. Bright: It might be easiest if no family members Ms. Adelsperger: --one of our, yeah. Chair Taylor: I think so. I think you need to go... Ms. Bright: Okay. Chair Taylor: --there, if that's the case, ya know, cause' to save the thing, yeah. Mr. Bright: Okay. Vice Chair Rodriguez: We're not gonna name it Taylor Marina. Ms. Bright: Right. Ms. Adelsperger: No first cousins, second cousins... Chair Taylor: I'm sure you're not, I didn't want the, that. Ms. Adelsperger: And then, just so you know, we will be doing a direct mail piece. You were given copies of this, going out this week to 8,000 residents inviting them to join us on July 21st for the Downtown Master Plan Visioning so I just want to let you know that. Chair Taylor: Okay Ms. Adelsperger: Thank you. Chair Taylor: Comments by the Executive Director. Ms. Bright: I don't have any thank you. Board Member McKoy: You sure? Chair Taylor: Comments by the CRA Board Attorney. Attorney Cherof: No sir. Chair Taylor: Comments by the CRA Board. 110 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McKoy: Mr. Mayor, if I may. Chair Taylor: I, I'd just like to say that I think that this, this um, this board made the right decision in sending this, uh the last item out, the Ocean Breeze item, back out for another RFP. Thank you. Board Member Weiland: Yes, Mr. Mayor, I'd like to just get some clarification. In the past week or so, I read some e-mails that were cc'd to myself, I guess conversation between uh Commissioner, er, Vice Mayor Rodriguez as well as the Executive Director, I just need to know uh, where we're supposed to go because as a Commissioner, ah, you know we ask questions of staff and, uh, we don't direct staff to do anything but we can get informational items from a staff member um, what is it going to be our protocol for ah obtaining information from the CRA and does it have to be done at board meetings or can we you know, make a phone call or stop by the CRA office or how are we gonna handle that? Vice Chair Rodriguez: Let me, can I, can I, Lisa, since it kinda was my issue. The, the, Vivian and I were exchanging, and I originally, I, I originally, originally, it was actually Lisa and I exchanging e-mails about the Old High School and, and I had thrown out the award about doing a, um, letter of intent, just asking about what they thought of that issue and so, Lisa thought that maybe there was an inappropriate discussion and that it should be broad-based amongst the entire board and so I e-mailed her back, stating to her that I need to understand what the protocol was because typically, as Commissioners, we are allowed to reach out to City staff and ask questions, get items, as long as don't direct them to do anything or make decisions and, and once we get the information, we'll go to the City Manager and say hey, ya know, here's what we wanna do or we'll bring it to the board and make a motion at the board, so, obviously we'd like to be able to use that same protocol or something similar. Ms. Bright: Well, I'd like to remind, um, the public, most importantly, and there are three, um, CRA board members tonight, and McKoy, McCray and Taylor, who served as a City Commission last year when I was in the Interim Director phase and we had um, staff, board serious problems, physically threatened, having to call 911 and whatever, so I'd like to just give background that the public paid $32,000 for an organizational audit that created the documents called the Rules of Governance and the Rules of Governance, in terms of, um, please hand them out. I sent those to you in the legal matters and we created a process and the City Commission gave us six months quite candidly to get our act together, and we followed those protocols. I don't have a problem with a board member who's looking for information but I've gotta be, I've gotta be copied on it. What happened was we have seven board members calling staff doing direction and I think this really actually could be addressed directly to um Vice Chair Rodriguez. He's made it very clear to the public he's not been happy with the CRA board's accomplishments and the kind of stuff he's looking for. We are a very 111 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 small staff, so having five different members calling for five different things was not the goal. So the goal was all the communications through the agency went through me. My responsibility to get that to you or to address it and then, like I said, the items were, that what you guys help set agency priorities and workflow like you did tonight with the Old High School. You guys all told me where that was a priority, what was that and get those letters of intent out. That's the kind of direction I need to make sure it's executed. So bottom line, unless you want to change the Rules of Governance, I still think we should follow the protocol that we, we set. Vice Chair Rodriguez: So, are you saying, and I'm okay with, I don't care what it is, as long as we were able to do it. You're saying the dollar request should come through you. Mr. Bright: Correct. Vice Chair Rodriguez: Okay. Thank you. Mr. Bright: Okay? Board Member Weiland: One more quick question. Ms. Bright: Certainly. Board Member Weiland: I have a memo when my book was delivered to return it. Can I leave it here or do I need to-- Ms. Bright: You just leave, we'll take it and we'll clean it up. Board Member Weiland: Okay. Chair Taylor: And I had that question too. My only question was, as far as the communication and I'm, I've pretty much tried to do that and the same way I go with the City Manager. I don't usually go to staff people asking for things unless I've told the City Manager that I'm gonna do that. Also with you, if I want information from there, I think it should go through you. However, things like uh, simple things like uh, I think I've talked with Margee about being at a press conference or something, uh, you know she, she does it through the Blackberry, said you know they've scheduled this, can you make it, and I respond yes you know. Ms. Bright: And, and... Chair Taylor: I'm assuming you see those anyway. 112 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: She copies me. Chair Taylor: Right, so... Ms. Bright: Staff copies me on everything and so... Chair Taylor: So so, you see that stuff anyway, right? Ms. Bright: --based upon my level of need to be involved... Chair Taylor: Right, so I'm not skirtin' you, I'm assuming you see those kind of communications. Ms. Bright: Right. Chair Taylor: Okay. Chair Taylor: All right, anything else, uh. Board Member McKoy: Just one other minor comment. You've got my last name spelled two different ways. The correct spelling is McKoy. Ms. Bright: Okay. Board Member McKoy: Thank you. Ms. Bright: The one thing I do wanna ask this board, as part of that outcome of the organizational audit, we had what was called New Board Member Orientation and we sent you those ridiculous documents, one to be your library so if you are calling for staff and you know, say you need something on a planning and you talk to Vivian or Mike or whatever, depending on if you had that. But what we did do is we set down as a protocol with the CRA Attorney and the CRA Senior Department Heads explaining how we work so we are very available to any of you that want to sit down and do that with us and will orientate Mr. Cherof to the new way we're doing it compared to when he used to be the CRA Attorney. So that was all. So we're available if you guys want to over any, anything about the operation itself. Chair Taylor: In closing, I'd just like to say uh, I want to extend to the staff our appreciation for your, uh, assistance during this transition. I think you all do a great job and I think it's helped, uh, you know I think we're, we're gonna go ahead and forward, move forward uh from this point and uh, just make things happen in the City like you do, you're all professionals. You work very hard and I appreciate the cooperation you've given us in this turnover. Thank you. 113 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Vice Chair Rodriguez: Hear, hear. Chair Taylor: Okay. Board Member McCray: I'm ready to go home. Chair Taylor: We're adjourned. (The meeting adjourned at 10:25 p.m.) This was transcribed from one recording. ~~ Stepnanie D. Kahn Recording Secretary 114 Catherine C rry-Guberman Recording Secretary