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Minutes 08-14-07 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEETING HELD IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA ON TUESDAY, AUGUS1. 14, 2007, AT 6:30 P.M. PRESENT: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Mack McCray Carl McKoy Lisa Bright, Executive Director Jim Cheraf, Board Counsel Absent: Ron Weiland I. Call to Order Chair Taylor called the meeting to order at 6:30 p.m. II. Pledge to the Flag and Invocation Chair Taylor led the Pledge of Allegiance to the Flag and gave the invocation. Vice Chair Rodriguez arrived at 6:31 p.m. III. Roll Call Board Member McCray asked for the record to reflect where Board Member Weiland was. Chair Taylor explained he was on vacation. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda None B. Adoption of Agenda Motion Board Member McCray moved to approve the agenda. Board Member McKoy seconded the motion that unanimously passed. 1 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 V. Consent Agenda: A. Appraval of the Minutes - CRA Board Meeting - July 10, 2007 B. Appraval of the Period-Ended July 31, 2007 Financial Report C. Appraval of 2007 Annual Dinner Dance for The Schoolhouse Children's Museum D. Appraval of CRA Marina Dockage Agreement and Rental Rates for Fiscal Year 2007-2008 This item was pulled by Vice Chair Rodriguez. E. Approval of Funding up to $20,000 from the Residential Improvement Grant pragram (Bond II 02-58300-474) to Nancy Schneider for the Praperty Located at 527 NW 10th Avenue (tabled from July 10, 2007) This item was pulled by Chair Taylor. F. Appraval of Funding up to $20,000 from the Residential Impravement Grant pragram (Bond II 02-58300-474) to Penny and Anthony Spencer for the Property Located at 117 NE 13th Avenue This item was pulled by Vice Chr:lir Rodriguez. G. Appraval of Funding up to $20,000 fram the Residential Improvement Grant Program (Bond II 02-58300-474) to Minnie Mitchell for the Property Located at 416 NW 11th Avenue H. Approval of Funding $50,000 from the Homebuyers Assistance Program (Bond II 02-58300-473) to Martha Querich for 1743 NE 6th Street, Unit 1205, The Preserve This item was pulled by Board Member McCray. I. Approval of Funding $50,000 from the Homebuyers Assistance Program (Bond II 02-58300-473) to Dwayne Black for 1819 NE 6th Street, Unit 1503, The Preserve This item was pulled by Board Member McCray. 2 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 J. Appraval of Funding $30,000 fram the Homebuyers Assistance Program (Bond II 02-58300-473) to Sarah Ferrer for 1972 NE 6th Street, Unit 205, The Preserve This item was pulled by Board Member McCray. K. Appraval of Funding $50,000 from the Homebuyers Assistance Program (Bond II 02-58300-473) to Shonae Trotman for 1826 NE 5th Street, Unit 1405, The Preserve This item was pulled by Board Member McCray. L. Approval of Fundirg $50,000 from the Homebuyers Assistance Program (Bond II 02-58300-473) to Roxanne Burey for 1942 NE 5th Street, Unit 210, The Preserve This item was pulled by Board Member McCray. M. Approval of Funding $50,000 fram the Homebuyers Assistance Program (Bond II 02-58300-473) to Erica Poag, for 1759 NE 6th Street, Unit 1209, The Preserve This item was pulled by Board Member McCray. N. Approval of Funding $35,400 from the Homebuyers Assistance Program (Bond II 02-58300-473) to Jason Weinstein for 1801 NE 4th Street Unit 1505, The Preserve This item was pulled by Board Member McC!"ay. Motion Board Member McCray moved to apprave the Consent Agenda as amended. Vice Chair Rodriguez seconded the motion that unanimously passed. Chair Taylor explained this agenda was different fram the City Commission Agenda. Since there were individuals present to address Consent Agenda items, he requested hearing those items first. 3 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 Motion Board Member McCray moved to hear the pulled Consent Agenda items first. Board Member McKoy seconded the motion that unanimously passed. D. Appraval of CRA Marina Dockage Agreement and Rental Rates for Fiscal Year 2007-2008 Vice Chair Rodriguez pointed out the staff report noted the slip prices acrass the county ranged fram $10 to $37 per foot. The lowest rate he saw was $12. Mike Simon, Development Manager, explained the Ft. Pierce City Marina annual rental column is $12 per month on a monthly basis and $10 on an annual basis. Vice Chair Rodriguez explained the City would be the second cheapest in the county at the proposed rate. The current rates at the marina were haphazardly set. With the marina being renovated, staff set the linear foot rate so all would be uniform. Vice Chair Rodriguez asked how many current leases were more than $14 per square foot. He expressed concern that rates would be reduced. Mr. Simon explained some of the rates were reduced. Ms. Bright also pointed out this was a commercial, working, marina whereas other marinas were primarily pleasure craft that offered amenities for overnight stays. The Boynton Harbor Marina does not yet have public bathrooms. Lisa Bright, CRA Executive Director, explained it would 18 to 24 months before the amenities would be available, contingent upon the board approving the contracts tonight. Board Member McCray asked if any of the dock owners were notified of the changes. Ms. Bright explained some of the transactions occurred under the former board, and several boat owners and the dive shop owners were present. Mr. Simon confirmed the idea was to keep the overall total rental the same, but acknowledged the rate would be affected per slip. Some owners would see an increase and others see a reduction. Chair Taylor agreed there should be a standard rate. The CRA did not want to go on the high side because of the marina renovation. Now the marina has stabilized to a degree, but they did not feel a substantial increase at this time would be apprapriate given the current lack of amenities. Susan Harris, Interim Finance Director, suggested taking the current revenue and backing it into the square footage number to make it consistent. 4 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 Board Member McCray did not want to take action on the issue and preferred present slip owners be given notice. Ms. Bright explained most slip owners were on a month to month basis. Motion Board Member McCray moved the item be tabled until he received clarification on his end. Vice Chair Rodriguez seconded the motion. Attorney Cherof suggested a policy issue to include the manufacture stated size of the vessel and to include the pulpit and dive platform, if present, be made. Vice Chair Rodriguez agreed. Vote The motion unanimously passed. E. Approval of Funding up to $20,000 from the Residential Impravement Grant pragram (Bond II 02-58300-474) to Nancy Schneider for the Property Located at 527 NW 10th Avenue (tabled from July 10, 2007) Motion Board Member McCray moved to remove Hem E from the table for discussion. Board Member McKoy seconded the motion which unanimously passed. (Board Member McCray left the dais at 6:45 p.m). Chair Taylor explained he did not believe assisting landlords to imprave their units was apprapriate. He was in full agreement with assisting homeowners to improve their praperty, but felt landlords should be doing that anyway. It was his understanding when rents are set, the revenue would encompass a profit margin and maintenance costs. Vice Chair Rodriguez agreed and explained this particular applicant was a landlord with three praperties with a grass value of $750K. He thought Code Enforcement should be involved. (Board Member McCray returned to the dais at 6:46 p.m.) Board Member McKoy asked how often the CRA awarded these types of grants. 5 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 Vivian Brooks, Planning Director, explained this was the first application fram a landlord. She asked whether the board wanted to amend the program to preclude landlords. Board Member McCray explained there are circumstances when landlords do not receive rents on a regular basis and there could be someone in definite need. He pointed out evictions are a lengthy pracess and he indicated there could be a history behind it. Ms. Brooks explained she used tax returns and the returns were itemized by property. She used two years income and the income was very spotty. She struggled to keep tenants in the unit. The actual applicant met the income requirements, however, other criteria could be added. She explained you could not use a lease because there was no way to determine if the renter left, which was the case in this instance. Vice Chair Rodriguez thought the pragram should be made more stringent by listing the other praperties and the net worth of the applicant. Those two items would be important. Chair Taylor suggested reviewing the requests on a case by case basis and indicated in this instance, he was opposed to the request. Motion Vice Chair Rodriguez moved to include those two items to future pragram applications and continue the program, but to deny this request. Board Member McKoy seconded the motion. Board Member McCray asked why the applicants should have to list their net worth. He thought this was for hardships, but he did not have the history of the property. Vice Chair Rodriguez explained if the owner needs to refurbish and had a million dollars in stocks they should use the million. The applicant was not present. Vote A vote was taken and the motion passed 3-1. (Board Member McCray dissenting.) F. Approval of Funding up to $20,000 from the Residential Impravement Grant pragram (Bond II 02-58300-474) to Penny and Anthony Spencer for the Property Located at 117 NE 13th Avenue 6 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 Vice Chair Rodriguez had requested at the last meeting to include the application and backup materials and it was not included. Mr. Simon understood other information was to be included and apologized. Vice Chair Rodriguez explained this request was for kitchen, bathroom and garage repairs. There were no formal code violations. The exterior of the home was satisfactory, however, on the back patio there were iron bars that did not allow for safe ingress or egress during interior emergencies. Going forward Mr. Simon would include more specific pictures. Board Member McCray questioned the need for some of the listed information. Ms. Bright explained certain information was protected. Vice Chair Rodriguez explained the CDC was conducting the preliminary review. Additionally, he noted there was no signature line for the application. He thought if individuals were applying for funding they should be required to sign the application. Ms. Braoks would add that information. Vice Chair Rodriguez had additional commp-nts he thought should be added and would forward that information to Ms. Brooks. Board Member McCray explained he looks to staff for guidance, he trusted staff and he didn't need to see these applications. Motion Vice Chair Rodriguez moved to approve Item F. Board Member McKoy seconded the motion. Chair Taylor noted the applicant qualified by total household income, but one person was unemployed. He asked what happened if they become re-employed. Mr. Simon explained under the CRA guidelines nothing. The applicant signed a statement of no income with an immediate pre-payment clause if the applicant were found to be employed. This was the same with SHIP. Vote A vote was taken and unanimously passed. Vice Chair Rodriguez explained he thought there should be legal guidance on fraud or misrepresentation of information. Attorney Cherof suggested applicants thought that individuals would have to verify the information as true and correct under penalty of perjury. 7 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 Motion Board Member McCray moved to add the language suggested by Attorney Cherof. Vice Chair Rodriguez seconded the motion that unanimously passed. H. Appraval of Funding $50,000 from the Homebuyers Assistance Pragram (Bond II 02-58300-473) to Martha Querich for 1743 NE 6th Street, Unit 1205, The Preserve Board Member McCray asked why the CRA was using Palm Beach County SHIP dollars. Ms. Braoks responded the applicants can receive several layers of funding fram different entities. This request was to apprave the applicants for the CRA Homebuyer Assistance Program fram the CRA, not SHIP funds. Board Member McCray asked whether anyone was counseling the applicants. Ms. Brooks responded when the applicants apply for SHIP funding, they are required to attend a homebuyer course which teaches the applicants about how to purchase, and maintain a home and about how much home a person could afford. When and if the board approves the request, when the applicants sign the documents at closing, they have an equity clause indicating 80% of the equity goes to the City for a time certain. The idea was the applicants would not walk away with immediate equity. Board Member McCray commented an applicant would receive a $239K home and pay $126K for it. Ms. Brooks explained that was correct. She clarified the only housing inventory, based on MLS listings, for under $250K accommodated the over aged 55 population. There was a lack of workforce housing. This area being selected for workforce housing was from Gateway to Woolbright, east of I-95, mostly within the CRA district. Further discussion ensued about increasing the mortgage amount and using less subsidy. Ms. Brooks explained if they did, the recipients may default the loan and they would be at risk. The CRA did not want a lot of foreclosures. Under the terms of the program, the recipients sign a mortgage and a note. Board Member McCray had questions about other applications and persons residing in the residence. Ms. Braoks explained the CDC reviews the applications to determine if they meet the program criteria. Gerone Powell, Boynton Beach Faith Based Community Development Corporation, apprised the board, the CDC did not verify the file being considered. The CDC had issues with how the applicants were income certified by Liberty Mortgage, which was the preferred lender for the Preserve. Normally they would indicate to the CRA that the 8 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 applicants were income certified by the County or the City, and the CDC would indicate it recommended the applicant for funding. The CDC was being appraached by people without a house or contract. In these instances, the individuals had already selected a home in the Preserve. The CDC did not like the way Liberty went about verifying income and would not do verifications for the Preserve. The other issue was the developer wanted to do a 30-40 year mortgage with 10 year interest only, then 30-year fixed, and the CDC had issues with this. They would now be using amortized mortgages and Ms. Braoks explained the preferred lender for the Preserve was now SunTrust and National City. Ms. Brooks indicated the CDC did not apprave the files and did not disapprave them. They did not recommend the files, nor did the CDC charge for review. They only accepted payment for clients that closed. In these instances, The CDC would not get paid because they didn't do the verification. Octavia Sherrod, Community Redevelopment Manager, explained she handled City business for the SHIP pragram through her office and she did not verify individuals applying to the CRA program. She explained they have an agreement with the CDC and she trained personnel at the CDC to do income verifications. They used her forms and they conducted third party verifications for the City when applicants come to the City for subsidy. When the CDC did the verification, they did not review them again. The mortgage company and the CRA staff conducted the verifications. CRA staff reviewed the applications to ensure the files met the pragram guidelines. Vice Chair Rodriguez thought it might be frustrating for the buyer with all these verifications for subsidies. Ms. Brooks explained it was difficult to get buyers who qualified for the units thraugh the SHIP program and CRA guidelines. She explained they needed to review about 20 applicant~ to get one qualified applicant. The normal process for a client coming to the CRA is to receive counseling and then they know how much of a home they could afford. The applicants were going to the Preserve and then coming to the CDC for counseling. Board Member McCray asked if the applicants that were present were comfortable with the requirements and pravisions of the pragram. K. Appraval of Funding $50,000 fram the Homebuyers Assistance Pragram (Bond II 02-58300-473) to Shonae Trotman for 1826 NE 5th Street, Unit 1405, The Preserve Shonae Tratman, applicant for the above item came forward expressed she was not comfortable with the pracess. She explained she had about $7,500 tied up in the deal. 9 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 When she first started the pracess in January, she went to the Preserve, and she was told that depending on her income, she could apply for SHIP and the CRA funds which she did and it was determined she was eligible. With the funding, it was communicated to her that her mortgage would be $129K with the assistance. SHIP was out of funds for the current funding cycle and without that segment of funding, the mortgage amount was increased to $191K. This new amount was not acceptable and she wanted to receive her deposit back as she was not comfortable with the new loan going forward. The CRA was appraving their funding subject to the other piece. If they did not receive both contracts, they would start all over. Lisa Bright explained Faith Dickens went through the same process, which took about eight or nine months, but that was the status of homeownership. This pragram allowed people to at least be in the pipeline. She explained they were unaware of the information Ms. Tratman relayed. Ms. Tratman asked how she could praceed. She was unsure whether she should back out and still have her deposit refunded. Since she was told there wasn't any money in this plan year for the moderate category fram SHIP, she preferred to not be approved. Ms. Tratman felt the process was misleading. Ms. Brooks asked if she were willing to wait for the next allocation of SHIP dollars. Ms. Tratman responded not if it meant she had to wait another eight months. She also did not want an interest only loan. Ms. Braoks explained the package indicated it was a 30-year fixed. Motion Vice Chair Rodriguez moved to table Item K. Ms. Tratman explained her concern was if she accepted the $50K, whether she could purchase a home somewhere else. Ms. Brooks confirmed if she was denied tonight, she could come back and reapply. The CRA could apprave her for the $50K at a later time; the funds were not exclusive to the Preserve. Motion Board Member McCray moved to deny (Item K). Vice Chair Rodriguez seconded the motion that unanimously passed. Mr. Dwayne Black was present for item 1. He announced he was comfortable he could make the payments for his loan for a home in the Preserve. 10 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 Motion Board Member McCray moved to approve Items H, I, J, L, M, N. Board Member McKoy seconded the motion that unanimously passed. H. Approval of Funding $50,000 from the Homebuyers Assistance Program (Bond II 02-58300-473) to Martha Querich for 1743 NE 6th Street, Unit 1205, The Preserve This item was appraved in the above motion. 1. Approval of Funding $50,000 from the Homebuyers Assistance Pragram (Bond II 02-58300-473) to Dwayne Black for 1819 NE 6th Street, Unit 1503, The Preserve This item was approved in the above motion. J. Approval of Funding $30,000 from the Homebuyers Assistance Program (Bond II 02-58300-473) to Sarah Ferrer for 1972 NE 6th Street, Unit 205, The Preserve This item was approved in the above motion. L. Appraval of Funding $50,000 from the Homebuyers Assistance pragram (Bond II 02-58300-473) to Roxanne Burey for 1942 NE 5th Street, Unit 210, The Preserve This item was approved in the above motion. M. Approval of Funding $50,000 fram the Homebuyers Assistance pragram (Bond II 02-58300-473) to Erica Poag, for 1759 NE 6th Street, Unit 1209, The Preserve This item was appraved in the above motion. N. Appraval of Funding $35,400 from the Homebuyers Assistance Program (Bond II 02-58300-473) to Jason Weinstein for 1801 NE 4th Street Unit 1505, The Preserve Board Member McKoy asked for more information about Cornerstone, which developed the Preserve. Ms. Brooks explained Cornerstone was not using Liberty Mortgage any 11 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 more and there was a lot of confusion with the lender. Ms. Brooks explained if they get to the CDC before they get too far in the process, the CDC could guide them, but at the moment, clients were going to the Preserve first. She had spoken many times with the Preserve about the CRA's distaste for how they were handling the files. Board Member McKoy commented if the CRA was displeased, something needed to be done. She explained when files were not in order, she returned them. Sara Ferrer, applicant for Consent Agenda Item J was present and advised she noted the agenda listed her as being appraved for $30K, when she was seeking $50K. Ms. Brooks clarified that was a mistake and she was approved for $50K. Vice Chair Rodriguez explained he believed Ms. Trotman should receive her deposit back. He noted the contract was contingent upon receiving funding, which she did not. Ms. Braoks explained she should receive her money back and she would be sent a formal notice of denial. VI. Public Comments: (Note: comments are limited to 3 minutes in duration) There were no public comments received. VII. Public Hearing: Old Business: A. Consideration of Transferring CRA Owned Property Located at NW 1ih Street at Below Market Value to Habitat for Humanity to Construct an Affordable Single-family Residence Ms. Brooks explained thraugh Bond II, they purchased five lots in furtherance of affordable initiatives. This was their most recent acquisition and they were taking the lots and leveraging them with the private sector. One lot went to Habitat for Humanity, three lots went to the Boynton Beach Faith Based CDC, plus this more recent acquisition. The proposal received fram Habitat for Humanity was to transfer the property and they would build a three bedroom, two bath, one car garage home with upgraded architectural details, a seamed metal raof and enhanced landscaping. The purpose was to pravide homes that were affordable and attractive to the community. Staff was recommending approval of the transfer for ten dollars. The house would sell for under $100K. Ms. Brooks explained Habitat for Humanity had a totally different housing model that could service another income graup; they had their own system and their own buyer pipeline. They would also hold the mortgage. Ms. Braoks explained Habitat for Humanity takes vacant lots out of the neighborhood and was a well praven 12 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 way to improve the neighborhood. The CDC serviced the moderate income category and Habitat for Humanity serviced the low income graup. Motion Board Member McCray moved to apprave the transfer. Vice Chair Rodriguez seconded the motion that unanimously passed. New Business: A. Casa del Mar Site Plan Time Extension 1. PROJECT: Casa del Mar (SPTE 07-009) AGENT: Bonnie Miskel, Esq., Siegel, Lipman, Dunay, Shepard, and Miskel LLP OWNER: Lancore Nursery LOCATION: 2632 North Federal Highway, east of U.s. 1, north of Dimick Road DESCRIPTION: Request for a one (1) year site plan time extension for Casa del Mar praject, consisting of 42 fee-simple townhouse units and 40 multi- family (condominium) dwelling units on 4.11 acres zoned Infill Planned Unit Development (IPUD). Kathleen Zeitler, City Planner, presented the site plan time extension and announced this would extend the site plan through July 18, 2008, a period of 12 months. The praject was previously appraved for 42 fee-simple townhomes as noted in the description. The applicant demonstrated a good faith effort to build within that time frame. She explained they had to apply for State permits, which typically takes a long time, thus necessitating the need for the extension. Staff recommended approval subject to all prior conditions of appraval remaining in effect. Bonnie Miskel, agent for the applicant explained the Army Corp of Engineers takes at least two years at best, to review the pragram and there were State and Federal agencies needing to approve the project She explained they had not obtained the necessary permits yet, plus with current market conditions declining, they were not in a 13 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 rush to build. The main reason for the request was to allow the Army Corp of Engineers to issue the permits which, she hoped, would be reviewed within the year. Chair Taylor opened the public comments. No one coming forward, Chair Taylor closed the public comment. Motion Board Member McCray moved to apprave. Board Member McKoy seconded the motion that unanimously passed. B. Open-air Structures Code Review 1. PROJECT: Open-air Pavilions (CDRV 07-003) AGENT: City-initiated DESCRIPTION: Request to amend the Land Development Regulations Part III, Chapter 2. Zoning. Section 4.B by the addition of pravisions and regulations for" Open-air pavilions" that will include pavilions, gazebos, and tikijchickee huts, and corresponding setbacks and size criteria. (Vice Chair Rodriguez left the dais at 7:48 p. m.) Mike Rumpf, Planning and Zoning Director, explained this request arose fram the increase in tikijchickee huts constructed within the City. Staff was praposing provisions be added to the Land Development Regulations (LDR) to address the deficiencies in the LDR pertaining to accessory buildings. The proposed amendments would include maximum area and height criteria, and special minimum setbacks. (Vice Chair Rodriguez returned to the dais at 7:52 p.m.) Mr. Rumpf explained the structures were subject to the National Fire Pratection Agency (NFPA) requirements and the intent of the draft regulations was to differentiate between the tiki/chickee hut and other structures. State law did not exempt these structures from zoning district regulations. Previously, due to lack of specific pravisions, the City had applied the accessory building regulations to these structures for the setbacks. The proposed regulations would 14 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 include them under "Other Structures" listed within the City zoning regulations, provide for setbacks, and establish a review pracedure to ensure compliance with local and State law. The intent of the revisions was to verify compliance with the minimum State requirements. Vice Chair Rodriguez asked how structures were identified. Mr. Rumpf explained Code Compliance identified and sited a few, but a small percentage of them had not been reviewed for setback compliance. Chair Taylor asked whether this was City-wide or whether it would just apply to the CRA area. Mr. Rumpf responded it was City-wide, and would go to the City Commission. Following this review they would work with legal staff on an Ordinance. Chair Taylor questioned how these provisions affected existing structures and whether they would have to be grandfathered in, or be removed. Mr. Rumpf explained the chickeejtiki hut was intended to comply with State statutes and not encroach on side yard setbacks or property lines. They could be a safety hazard. Vice Chair Rodriguez asked for verification that chickeejtiki huts, if in place today, would be non-conforming as long as they obtained a permit. Mr. Rumpf confirmed that as correct and pointed out, obtaining the permit was confirmation the structure conformed with the State requirements. It was a legal conformance with the State requirements for exemptions. The permit would acknowledge non-conforming status. Chair Taylor questioned structures that did not incorporate plumbing, electrical, etc. He asked if he could add a water line. Mr. Rumpf explained that would be a chickee hut and if plumbing or electrical were added, only that component would be subject to the building code requirement. It would require an electrical code permit. Vice Chair Rodriguez questioned if the structure was on commercial praperty, whether the City was granting non-conforming status. Mr. Rumpf responded they were not. When this item is heard on the City Commission level, Attorney Cheraf explained it would be in ordinance form with the language discussed included in the whereas clauses. Chair Taylor called for public hearing. Hearing none, Chair Taylor closed the public hearing. Motion Board Member McCray moved to apprave. Vice Chair Rodriguez seconded the motion that unanimously passed. 15 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 Mobile Vendors Code Review 1. PROJECT: AGENT: Mobile Vendors (CDRV 07-00S) City-initiated DESCRIPTION: Request to amend the Land Development regulations Chapter 2. Zoning by the addition of a new section with provisions and regulations for mobile vendors including, definitions, location, restrictions, review and approval pracedures and requirements, and operational rules. Mr. Rumpf explained staff was directed to prepare amendments to the LDR to accommodate mobile vendors. The proposed regulations were lengthy in detail and are attached to the meeting backup. The City presently has no provisions applicable to mobile vendors. The objectives of this amendment were to establish clear and concise regulations, ensure protection of public health and safety with particular emphasis on food preparation and waste; pravide for limited flexibility, and consistent appearance with affected praperties; acknowledgement of existing businesses and the importance of equality, and preventing proliferation and potential nuisances. One mobile vending unit would be allowed per each location. Mr. Rumpf explained the Planning and Zoning Staff would administer the ordinance and review for design compatibility. Advisory boards would provide final review authority. Appeals would be heard by the City Commission. The minimum distance separation would be 100 feet between vendors, and the total area occupied would be limited to 72 square feet within a commercial or mixed use zoning district, so long as it did not interfere with the publiC way. Three hundred feet was praposed between vendors and places of worship, schools, parks or single-family zoning districts or similar vendors. The definitions pravided in merchandise, service units and mobile vending units would clarifiy what services would be provided via the vendor. Staff would review for design. Vice Chair Rodriguez did not think Rufus Ribs could comply with the proposal. They reviewed distance separation was over 300 feet between where Rufus Ribs was and both Hurricane Alley and the convenience store immediately to the east of Hurricane Alley. Mobile service was not limited to 72 square feet. The merchandise must be 16 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 displayed and there would need to be signage. The unit would have to be removed daily. There were also food handling issues scrutinized by the State and other agencies. Special events would exempt the vendor for the event. There could be newspapers and hot dog carts. Board Member McCray asked if the Ordinance was passed, would Rufus Ribs comply with the pravisions. Mr. Rumpf noted the business had two units and the current ordinance restricted it to one location within a 100 ft radius to a pad. Rufus Ribs had a vending unit and kitchen area as required by the State, but wanted to use the indoor kitchen and sell at the cart. Mr. Rumpf explained under that scenario, they would not be a mobile vendor. There was cooling and heating elements, cleaning materials, sink water fluids, and flat surfaces to prepare foods. Both items were removable and that requirement would not be a problem. Mr. Rumpf thought they could add wording to accommodate multiple units. Vice Chair Rodriguez asked if there was a pravision they could add using the existing location and potentially using a second one. Motion Vice Chair Rodriguez moved to approve the request. Board Member McKoy seconded the motion that unanimously passed. C. Land Development Regulation Rewrite - Group 3 Code Review 1. PROJECT: Land Development Regulations (LOR) Rewrite - Group 3 (CDRV 07-004) AGENT: City-initiated DESCRIPTION: Group 3 deliverable, pursuant to the LDR Rewrite Work Schedule, including: Article 5. Minimum Off-Street Parking Requirements, Article 6. Parking Lot, Vehicular Use Areas, and Loading Standards, Article 7. Exterior Lighting Standards, and Article 8. Utility and Infrastructure Design Standards. These praposed sections will ultimately replace and enhance portions of the current LDR Part III, Chapter 2. Zoning, Sections 5, 6, 7, and 17 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 11; Chapter 2.5 Planned Unit Developments, Section 9; Chapter 4 Site Plan Review; Chapter 6 Required Improvements, Articles I, III, IV, and VII; Chapter 9 Community Design Plan, Section 10; Chapter 20 Buildings, Housing, and Construction Regulations, Articles VIII; Chapter 22 Streets and Sidewalks, Article I; and Chapter 23 Parking Lots, Articles I, II, and III. Mr. Rumpf gave an overview of the Graup 3 deliverables. These encompassed some of Article IV and the other articles included in the review were Article V, VII, VIII. Article IV updated the minimum off street parking requirements. New guest parking was created, multi-family units were braken down to respective parking requirements and group homes were added to the list of parking requirements. The rewrite modified existing regulations. Car washes had changes as were restaurants, warehouses, and self-storage facilities. Staff updated and reduced parking pravisions, flexibility and City Hall campuses and parks. Some restrictive parking requirements were made flexible when shared. Also that provision was in the Strategic Plan and for parks, that provision was left up to staff. Staff inserted text for handicapped accessible parking. The rewrite updated reduced parking pravision and created a 5% reduction. Those reductions could be reviewed administratively for non-residential uses. This could be done in conjunction with design provisions regarding open space, efficiency of design and pedestrian access. Joint access parking would be revised to be allowed City-wide and it would encourage interconnectivity to parking lots and praperties. There were updates to the payment in lieu of parking pragram. There was no real change to the MLK Boulevard overlay zone. On-street parking provisions were new and allowed on street parking to count toward required parking. The update created a maximum number of pravided parking based on the total square footage of the project. Parking Lot, Vehicular Use and Loading was reviewed. Mr. Rumpf explained they could have waivers by the engineering staff rather than going thraugh the lengthy LDR process. A community design program was created for each section as was an updated queing and stacking requirements for all establishments with drive-thrus. 18 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 Updates to Article VII, Exterior Lighting Requirements were made and referenced the Engineering Design Handbook rather than the Land Development Regulations. Requirements to the photometric plan at site plan were reviewed and updates regarding canopy lighting and others were created. Article VIII, Utility and Infrastructure design was updated. The first parts were the same. Revisions encompassed secondary/emergency point of access, permit process and more. Examples included drainage easement, stormwater requirements and design. Mr. Rumpf recommended the board adopt or amend the changes. Board Member McCray spoke about dumpsters. He asked if this had been in place, whether it would have taken care of the dumpster prablem at the marina praperty. Mr. Rumpf explained it would not. It set standards and clarified. It did not require every dumpster be brought into compliance. Chair Taylor clarified the dumpster was replaced with a rolling cart. Mr. Rumpf responded it did not address non-conforming situations. Motion Board Member McKoy moved to approve the rewrite. Vice Chair Rodriguez seconded the motion. Chair Taylor expressed his appreciation to staff and recognized the rewrite required a tremendous amount of work. Mr. Rumpf responded this was a team effort and he thanked the board on their behalf. Vote There was a vote on the motion that unanimously passed. VIII. Pulled Consent Agenda Items (The pulled Consent Agenda items were addressed earlier in the meeting.) IX. Old Business: A. Consideration of Entering into a Purchase Agreement with Lennis & Sharese Gillard for 402 NW 12th Avenue in the Amount of $183,500 plus Closing Costs Ms. Braoks explained this item came before the board two months ago. She explained the map showed the praperty was adjacent to the Palm Beach County Housing 19 Meeting Minutes eRA Boynton Beach, Florida August 14, 2007 Authority and the Cherry Hills area slated for demolition. The subject property was a non-conforming lot and was not a building lot should the property be rebuilt. The applicants appraached the board to acquire the praperty and pravided their own appraisal of $197K. The CRA's appraisal was $170K. The CRA recommended splitting the difference and paying the closing costs. The recommendation was braught forward to the board which supported staffs recommendation, but the applicants did not agree to the offer. The applicants, however, later agreed to the offered amount. The rational used by the CRA was the Gillard praperty was non-conforming and the Housing Authority would be stuck with half of a buildable lot. They could not build on it either. The acquisition would allow for the potential building of an additional home when the Housing Authority moved forward in the future. Vice Chair Rodriguez asked whether the Housing Authority was in a position to purchase it and give it to them so they could add another home. Ms. Braoks confirmed that was correct and they would have to go thraugh the public disposal pracess and notice. Appraisals were valid for about six months. Vice Chair Rodriguez noted the appraisal was dated January 2007. Ms. Braoks explained the matter was brought before the board. When an appraisal was obsolete, they would have to get another appraisal; however, she did not think there would be much of a difference in the prices. The praperty was a multi-family structure. The only real issue was it was non- conforming and that affected the value. The first appraisal came in at $170K and Vice Chair Rodriguez announced he could support that based on the appraisal in January. Ms. Brooks explained these structures were originally for migrant housing. Board Member McCray explained the Palm Beach Ccunty Housing Authority started selling the individual units. He questioned why the units would sell for $175K looking the way they did. Vice Chair Rodriguez asked whether the units would be demolished. Ms. Brooks explained that was up to the board. A typical demolition cost would be about $4,800 to $6,500. Chair Taylor asked for publiC comments. An unidentified man explained they came to the CRA in reference to the praperty. He retired fram Delray after 30 years of service and felt the impending changes would help the community, especially in Cherry Hills. The rents were about $300 to $400 per month a piece for a one bedraom. Motion 20 Meeting Minutes eRA Boynton Beach, Florida August 14, 2007 Vice Chair Rodriguez moved staff go back and offer $170K, which was the appraised value back in January as a price point on the property. Motion died for lack of a second. Board Member McCray noted the Gillard's were requesting $183,500 plus closing costs. Ms. Brooks explained it was the difference between their appraisal, the CRA appraisal and they split the difference and would pay their closing costs, which were not anticipated to be much. Mr. Gillard indicated he would have to confer with his wife whether that amount was acceptable. Board Member McCray seconded the motion made by Vice Chair Rodriguez to offer $170K, if they don't agree they can come back to the board. Motion Vice Chair Rodriguez moved for the CRA staff to offer the appraised value of January 2007 of $170K. Board Member McCray seconded the motion which unanimously passed. It was clarified the amount included closing costs. B. Consideration of Interlocal Agreement to Paint Exterior of Galaxy Elementary School Ashley Buckley, Administrative Services Manager, explained this was an initiative discussed previously by the former board, then dropped. There was $120K for the renovation of Galaxy Park. They thought putting a portion of those funds aside to upgrade the school by painting it would be a viable issue. The school was slated to be painted in 2011 and they wen~ attempting to expedite the issue. Paint colors were neutral, off-white with coral colored trim. She explained they met with all concerned parties who approved the paint selection. Vice Chair Rodriguez referenced the email with Mr. Sanchez, from the school district, indicated they would have a clear vision of when the school would be torn down and rebuilt. Vice Chair Rodriguez would rather wait until then. Ms. Buckley had spoken with Fred Cahill, Facilities Management for the school district about the matter. It was discussed the chance of the school being closed down did not appear to be likely and that it would remain standing for many years after 2011 and looking in the same condition it was presently in. 21 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 Vice Chair Rodriguez questioned whether the building would be painted so it would be vacant. Ms. Buckley explained the building, in 2011 was slated to be torn down, which they were aware of. She explained Galaxy Elementary was a gateway to the community, situated directly off I-95 and was one of the first buildings seen. She explained it would greatly improve the beautification of the area and make it a nicer place for the students and faculty to go to every day. Chair Taylor agreed and was in favor of painting. It also includes some landscaping and there was a suggestion perhaps having some students and local artists to paint a mural on the building. He was saddened Mr. Sims was being reassigned to a school in Lantana and pointed out he had done a great job. Board Member McCray asked if the City owned the praperty if there was a reverter clause. He suggested contacting the school district to find out how the City was tied to the praperty. Mr. Cheraf was not aware of any reverter clause. A title search would be done. This agreement was reviewed by Lewis, Longman, and Walker and the contract was ready to go. Board Member McCray was in favor or painting, but wanted to ascertain the City's responsibility and its liability in regard to any reverter clause. There was discussion about the likelihood of the school being torn down. Ms. Bright explained staff could keep the board apprised of the matter. Ms. Buckley explained the project was being put out to bid, and she did not have an exact cost. They would have a better understanding of the money when the bid came back. Ms. Bright explained the preliminary estimates were about $75K to $80K for the exterior and then they would work with Recreation and Parks for drought resistant plant species on the landscaping. The bid appraval would be brought back before the board. They would like to start the praject as soon as possible and anticipated it would take about four months. There had not been a contract. An interlocal agreement required they use school board approved vendors. There was no liability from the CRA. Motion Board Member McCray moved to apprave consideration. Board Member McKoy seconded the motion that unanimously passed. C. Discussion of Notice for Letters of Intent for Old High School 22 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 Ms. Bright advised they posted the notice for Letters of Intent on their website in reference to the Old High School and received responses. The entities were interested in the school being turned over to them, so they could obtain funding. She explained if they were going to entertain any serious discussions, then the matter needed to be noticed. She had polled the board and some members wanted it demolished and others wanted it as part of the redevelopment. Some of the entities wanted to make presentations. Chair Taylor indicated it was the board's contention to hear the presentations after the downtown master plan was completed. Vice Chair Rodriguez spoke about the reverter clause or agreement between the City and the CRA Attorney Cheraf assumed there would be a reverter interest with a timeline for development and completion. The City could take it back from the CRA and initiate the part with a new agreement or the City could use the same form of document the City used with the CRA. At the moment, it is staying under the care and contral of the CRA, but CRA staff was not entering any discussions. There needed to be a curative document and a renewed agreement or a waiver on the part of the City for renewed deadlines with the CRA. Chair Taylor did not want to expend staff time at this point and wanted to wait until the downtown master planning visioning was completed. This item would be put on the City Commission agenda. X. New Business A. Consideration of Work Order #1 Under Continuing Contract with MSCW for Marina Planning in the Amount of $89,500 Ms. Braoks explained this item needed a correction and the amount was actually $116,800. The funds for this project were not in the new CRA bUdget. Ms. Brooks explained she had made a mistake. Each task had a price associated with it and there was no total at the end. The funds were coming fram the Bond II monies set aside for marina work. Ms. Braoks noted Mr. Skip Harvey of MSCW was present to answer any questions. Motion Commissioner McCray moved to approve. Commissioner McKoy seconded the motion that unanimously passed. 23 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 B. Consideration of Work Order #1 Under Continuing Contract with Kimley- Horn for 100% Streetscape Plans for Sea crest Blvd. in the Amount of $255,000 Ms. Brooks explained this item pertained to streetscape plans for Seacrest Boulevard. She anticipated with acquisition for the imminent Ocean Breeze parcel, Seacrest Boulevard could benefit from streetscaping. There would be pavers and better pedestrian access. She noted there were very few places to crass MLK and the raad traversed the neighborhood. The work was started under a contract for the Pramenade Park area and the Boynton Beacll Boulevard area, however it was added to that contract. This would affect the area from Sea crest to Boynton Beach Boulevard to the C-16 Canal and she hoped it would dovetail with the work on MLK, the redevelopment on 4th and 5th, and on the Ocean Breeze site. Board Member McCray asked who would be in charge of the public meetings and presentations. Ms. Brooks responded that would be the contractor, and Kimley-Horn would attend the meetings and present materials. CRA staff would organize the meetings and publiCize them. Board Member McCray asked about the $58K Task #6 limited post design services. Russell Barnes, Kimley-Horn and Associates explained limited post design services consisted of different elements they would pravide to the CRA after the design and construction was completed. They facilitate and attend meetings with the contractor to ensure they would meet deadlines, and ensure they meet with the community. Before the construction starts and after the design, the contractor is required to submit shop drawings that have to identify all the different types of materials they would be using, the drainage structures and others for their review and approval prior to their installation. They would also ensure the CRA received the quality and praject as designed. Currently they completed a 30% schematic design started under the prior contract, for Seacrest up to MLK Boulevard, which included landscaping and other things but he advised there would be significant modifications. With the extension and additional work, they would revisit those issues and work with CRA staff on the preliminary design layout and move forward with the final plans. Board Member McCray would be pravided with a copy of those documents. Vice Chair Rodriguez indicated typically the developer incurred some of the cost when there was this type of roadway impravement. He asked if that was considered for the Ocean Breeze praject. Ms. Brooks responded they had. She clarified they would be creating the design and would ask the developer to build to the design. She explained there was lose language about the streetscape in the RFP, but the final language would 24 Meeting Minutes CRA Boynton Beach, Florida August 14,2007 come in the development agreement. Building the street frontage to the engineering plans from Kimley-Horn would be included. The preliminary estimates were about $10M minimum, based on another contract for the Ocean Breeze praject. That money was not in the budget this year and could be contained in future budgets or bonded out. Ms. Braoks could apply for ISTEA (Intermodal Surface Transportation Efficiency Act) funds. Board Member McKoy noted there were funds set aside for raad and roadway improvements on the County level. He suggested actively pursuing them. Motion Board Member McCray moved to approve. Commissioner McKoy seconded the motion that unanimously passed. C. Consideration of Work Order #1 under Continuing Contract with REG for Feasibility Analysis for 211 E. Ocean Avenue in the amount of $22,000 Ms. Braoks explained this item was discussed at the budget workshop. She reviewed the history and advised REG has extensive experience in historic renovations. They were asked to inspect the building and determine the cost to convert the structure to a commercial use for an office under the existing building footprint or as an expansion. That information would be braught back to the board. Plans would have to be created for the building. The CRA paid $850K for the building. Different alternatives were discussed. Chair Taylor thought conducting a feasibility study for its expansion would be helpful. Collin Price, REG representative, explained the board could purse both options but recommended because of the historic content, to keep the facade. Chair Taylor thought they should look at the entire building and determine the best way to make it operational. Vice Chair Rodriguez asked if, when the building was purchased, it was with the understanding what it could house. The structure could house 10 individuals without an expansion. The current staff level was nine employees. Board Member McCray asked what other buildings REG improved. Mr. Collins responded they did several prajects, one of them being the old county courthouse downtown in West Palm Beach. Motion 25 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 Board Member McCray moved to approve. Board Member McKoy seconded the motion that passed 3-1, (Vice Chair Rodriguez dissenting.) D. Consideration of Work Order #2 under Continuing Contract with REG to create rehabilitation specifications for the Residential Improvement pragram in the amount of $7,500 Ms. Braoks presented this item and explained the request was for someone to go in and create specifications on the houses they were taking applications for in regard to the Residential Impravement Pragram. They would then use those specifications to obtain quotes fram contractors to do the work. Board Member McCray asked whether the improvements would be deducted from the $20K. Ms. Brooks responded it would not. The total budget was for $430K and that was with a $10K draw down. Vice Chair Rodriguez asked when the City awarded bids, the contractor pulled a permit and provides the designs. City staff reviews and supports or denies the permit request. MS.Brooks explained the contractor needed exact information to properly respond. The item needed to be included in the scope of work and the pracess was similar to the pracess used by the City. He asked whether the CRA could enter into an agreement with the City for those services. Ms. Brooks responded there would need to be an ILA. The budgeted amount was $7500 per house. This was a safety net to get the best price pOSSible for the job. Motion Board Member McCray moved to approve. Board Member McKoy seconded the motion that passed 3-1, (Vice Chair Rodriguez dissenting.) E. Consideration of Purchasing De/ray Boynton Academy on MLK Ms. Bright explained staff secured a $2M return on the Direct Incentives for the Arches. Staff was looking for direction to purchase the Delray Boynton Academy and the item was on the agenda since January of 2007. They had discussed different uses for the building, such as a police substation or code enforcement, and asked whether the board was interested in pursuing the acquisition. Ms. Bright explained if they acquired the building they would lease it out. Chair Taylor thought there could be a duplication with the Wilson Center coming in. He thought money could be put to better use in the community than fram purchasing the building. 26 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 Vice Chair Rodriguez explained the purchase changed the landscape of MLK. He indicated the reason the CRA paid for the appraisal was the CRA was always going to buy it, but the developer was not interested in the CRA buying it. Vice Chair Rodriguez announced he could not support the request, as did Board Member McCray. Motion Commissioner McCray moved not to consider. Vice Chair Rodriguez seconded the motion that unanimously passed. F. Discussion of City Land on MLK Corridor Ms. Bright announced she had a discussion with the City Manager about making the process easier and about how the value of the land was to be determined. This was supposed to be a streamlined process for the CRA board so they could negotiate a development agreement more expeditiously. Vice Chair Rodriguez explained this would change the landscape of MLK in the middle of negotiations with a developer and there was a previous developer that did not receive the same benefit. He explained for those reasons, he could not support the item. Board Member McCray thought it did not make sense the CRA was buying the land from the City when they were sitting as both boards. Chair Taylor thought it made sense to consolidate the land. He thought it would be easier than working with three people. He pointed out the City did not own the land. Vice Chair Rodriguez agreed, but did not think it should occur in the middle of negotiations. He explained the prior developer did not have that benefit and he wanted to keep things on a level planning field. Ms. Bright explained moving forward, there would be a large carry forward balance since there is no other land acquisition moving forward. Chair Taylor referenced at the budget workshop, there was discussion on the streetscaping of another area. Ms. Bright acknowledged the comment but pointed out the CRA could only spend funds in the designated area. XI.Comments by Staff Kathy Biscuiti, Special Events Manager, announced the Marina Summer Fest was held and they estimated about 1,000 people attended. The Boyton Beach Police Department 27 Meeting Minutes CRA Boynton Beach, Florida August 14, 2007 had their national night out on Ocean Avenue and the Children's Museum had special activities. She said it was a perfect family outing. She highlighted the Merchants at Ocean Plaza had their sidewalk sale and the marina had their fishing tournament and they gave away $4K in prizes. She also confirmed there were 23 barricades stolen at the event. There was one extra tralley pravided for the event. The Bahama Junkanoo dancers were also highly praised. Entertainment was provided and there were about 30 art vendors that participated. Four of the art pieces were in place for the Art Walk. The finale of the event was the Mayor and Ms. Bight named the winner of the Marina Naming Contest, which was the Boynton Harbor Marina, won by Mr. Kurt Marshall. On another matter, Ms. Biscuiti provided her updated budget to the board. Chair Taylor expressed his appreciation to staff as did the other board members. They acknowledged staff worked very hard on the event. Susan Harris, Interim Finance Director wanted to discuss carry forward balances into the next year. She explained they have to carry forward redevelopment within a time certain. She believed the time frame was three to five years and she would confirm that information. Vice Chair Rodriguez requested confirmation they could pay back debt and that some decisions needed to be made by year end. Ms. Bright would bring back ideas. XII. Comments by Executive Director Ms. Bright requested the members contact Joyce Costello if they planned to attend the Children's Schoolhouse event. She explained the CRA shared that partnership this year. Vice Chair Rodriguez requested a status of the forensic audit Ms. Bright indicated they were going to initiate after the former Finance Director, Robert Reardon, left the CRA employ. Ms. Bright explained that would cost about $12-15K and she explained in 2005, the CRA auditors and Mr. Reardon pramulgated audit pracedures. Since the CRA auditors cannot audit themselves they would need to retain another auditor. The fee to retain another auditor was over the amount she was authorized to spend and she would have to bring the matter back to the board. Vice Chair Rodriguez asked about the staff spending procedures. Ms. Harris explained their policy was any travel initiated would be in the budget. If it was not in the budget it has to come back before the board. Additionally, for budgeted travel there was a form that needed to be completed and appraved by the Executive Director and the 28 Meeting Minutes eRA Boynton Beach, Florida August 14, 2007 board Chair or Vice Chair. The money spent on the travel is linked back to the trip. Vice Chair Rodriguez asked if there was a procedure in place that governed expenses. Ms. Bright explained there was a resolution for the Executive Director and the CRA Board that governs expenses. Only expenses for budgeted approved travel and expenses were authorized that was tied to the public purpose. Vice Chair Rodriguez wanted a copy of the policy and wanted the board to be aware of what was covered as a legitimate expense for the staff. Ms. Bright explained the statute governed the expenditures. Attorney Cherof clarified the board wanted to see how the Executive Director was applying the statute to the staff. Chair Taylor wanted a log. Commissioner McKoy suggested meeting with staff to address concerns and bring it back. Vice Chair Rodriguez responded he sent an email toMs. Bright but it had not been answered. She explained she pravided the documents at the budget hearing. XIII. Comments by CRA Board Attorney None XIV. Comments by CRA Board None XV. Adjournment There being no further business to discuss, the meeting praperly adjourned at 9:34 p.m. (I. (JjUAlj ~YJvmaJli Catherine Che!rv-Guberman Recording Secretary 29