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Minutes 11-14-07 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD ON WEDNESDAY, NOVEMBER 14, 2007 AT 6:30 P.M. CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA Present: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Woodrow Hay Marlene Ross Ronald Weiland Lisa Bright, Executive Director James Cherof, CRA Board Counsel I. Call to Order Chair Taylor called the meeting to order at 6:31 p.m. II. Pledge to the Flag and Invocation Mr. Hay gave the Invocation and led the Pledge of Allegiance to the Flag. III. Roll Call The Recording Secretary called the roll and determined a quorum was present. Chair Taylor announced Lisa Bright would provide an update on the CRA Special Events Sponsorship Initiatives and address the Auburn Group's involvement with the program. Lisa Bright, Executive Director, advised a branding campaign was initiated last year for the CRA that resulted in a direction from the CRA board to create a sponsorship kit in the hopes of bringing special events to the City. This collaboration produced various levels of sponsorship and a tool kit was created, allowing staff to interact with the community. The need for sponsorship could not have been more apparent when the City was forced to relinquish events to the CRA, and a significant portion of funding was lost. Staff approached Tom Hinners seeking sponsorship. As a top developer of projects, including the Heart of Boynton, West Boynton Beach and Delray Beach, the Auburn Group had signed on as the CRA's presenting season sponsor, the Agency's highest sponsorship level, and would donate $50,000 to the City of Boynton Beach Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 Special Events. In exchange for the donation, the Auburn Group would be the signature sponsor for three major events, the upcoming Holiday Extravaganza, Heritage Celebration in February 2008, and Salute to Independence (Fourth of July). She introduced Brian Hinners, President of the Auburn Group, who presented the check to the CRA Chair. Mr. Hinners expressed his appreciation for the opportunity to appear before the board, adding the Auburn Group was pleased to sponsor the festivities. The Auburn Group launched its beginnings in Boynton Beach with the development of Boynton Bay Apartments, and was currently embarked on a $6M renovation of the development, to provide affordable housing for senior citizens. It was the Auburn Group's intent to play a large role in the redevelopment of Boynton Beach and to give back to the community. On behalf of the City, Chair Taylor thanked Mr. Hinners for the Auburn Group's generosity and sponsorship. He noted the City looked forward to working with the Auburn Group on the City's affordable housing goals. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Chair Taylor announced, under IX. New Business, Item A, Consideration of Budget Rollover Recommendations, Item 8, Green Market, was added to the agenda. There were no other additions, deletions or corrections to the agenda. B. Adoption of Agenda Motion Mr. Hay moved to approve the agenda as amended. Vice Chair Rodriguez seconded the motion that passed unanimously. V. Consent Agenda A. Approval of the Minutes - CRA Board Meeting - October 9, 2007 B. Approval of the Period-Ended October 31, 2007 Financial Report (This item was pulled by Vice Chair Rodriguez) C. Approval of Funding $50,000 from the Homebuyers Assistance Program to Sasha Wgano 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 D. Approval of Funding $50,000 from the Homebuyers Assistance Program to Hector & Jennifer Lopez E. Approval of Funding $50,000 from the Homebuyers Assistance Program to Wicler Pierre F. Approval of Funding $50,000 from the Homebuyers Assistance Program to Shonac Trotman G. Approval of Funding $50,000 from the Homebuyers Assistance Program to Kathleen Barbee H. Heart of Boynton Work Program Update (This item was pulled by Vice Chair Rodriguez) I. Approval of Lobbying Contract with Smith & Ballard J. Review of CRA Board Direction for Ocean Breeze RFP (Information Only) K. Review of Florida Redevelopment Conference Case Study for the Boynton Beach CRA Innovatively Addressing Affordable Housing Needs (Information Only) L. Approval of Burkhardt Construction, Inc. Work Order No.2 in the Amount of $11,670 to Remove Efflorescence and Seal Pavers at Boynton Beach Boulevard Extension and Promenade (This item was pulled by Vice Chair Rodriguez) M. Approval of Hedrick Brothers Construction, Inc. Work Order No. 001.0 in an Amount Not to Exceed $140,000 to Complete the Housing Rehabilitation of Seven Homes Approved Under the Residential Improvement Grant Program (This item was pulled by Vice Chair Rodriguez) N. Approval of Sidewalk Cafe Permit for Eye of the Storm Located at 531 E. Ocean Avenue (This item was pulled by Vice Chair Rodriguez) o. Boynton Beach CRA and Trolley Website Updates (Information Only) P. "Holiday Extravaganza" Parade, Tree Lighting and Concert - December 1, 2007 (Information Holiday) 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 Motion Chair Rodriguez moved to approve the Consent Agenda with the exception of the items pulled. Mr. Weiland seconded the motion that passed unanimously. Public comments: (Note: Comments are limited to 3 minutes in duration> Chair Taylor opened the public comments. No one having come forward, Chair Taylor closed the public comments. Chair Taylor advised pulled Consent Agenda Items would be addressed under VI, Pulled Consent Agenda Items. Vice Chair Rodriguez requested the pulled items be addressed immediately. Motion Vice Chair Rodriguez moved to discuss pulled Consent Agenda Items in the order the agenda was set forth, and to follow this practice in the future as well. Mr. Weiland seconded the motion that passed unanimously. Pulled Consent Agenda Items B. Approval of the Period-Ended October 31, 2007 Financial Report Vice Chair Rodriguez inquired whether the transportation figures for October related mainly to the trolley service. Susan Harris, Finance Director, noted the figures were entirely for Molly's Trolley. Motion Vice Chair Rodriguez moved to approve Item B. Mr. Hay seconded the motion that passed unanimously. H. Heart of Boynton Work Program Update Vice Chair Rodriguez addressed the April 1-June 30, 2007 Homebuyers' Assistance Program (HAP) report from the Boynton Beach Faith Based Community Development Corporation (CDC). With regard to the goal for the objective to provide home-buying counseling to 200 households and the progress made with respect thereto, the percentage figure was not legible. James Horne, Boynton Beach CDC, replied the 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 CDC had counseled more than 200 home-buyers for the City and CRA. He advised he would provide the information that was not legible. Ms. Brooks advised the reports were internal to the CDC and were provided to the CRA to reflect the CDCs activities. The CRA did not set specific goals for the CDC on the objectives. The CRA was reporting on staff's activity that would further the program adopted by the board. The CDCs activities were included, as they partnered with the CRA in the 2007 Homebuyers' Assistance Program and Residential Improvement Program. The CRA's agreement with the CDC was performance based. The CDC would provide homebuyer counseling on the CRA's Down-payment Assistance Program and administer the Residential Improvement Program, receiving a $3,000 fee at the time of closing. Mr. Horne pointed out 20 homes were purchased for the year. The homes purchased for the client were required to be within City limits for the Boynton Beach State Housing Initiatives Partnership Program (SHIP). Ms. Brooks indicated the HAP program was for the entire CRA area. An individual meeting the required qualifications could purchase a home within the CRA's legal boundaries through the CRA's program. Mr. Horne advised if the client did not wish to live within the City limits, the CDC could provide assistance through the Palm Beach County SHIP. If the client desired to purchase a home in the City limits rather than in the CRA area, the CDC would go through the City's process. If the client purchased a home within the CRA area and required additional funds, the CDC would attempt to join with the City SHIP and the CRA. Ms. Brooks added the CRA leveraged their dollars with the City wherever possible. Mr. Horne pointed out, with regard to the measurable outcomes in assisting 20 people to successfully become homeowners, homes could be purchased anywhere in Palm Beach County. However, the CDC focused mainly on the City limits of Boynton Beach. Ms. Brooks referred to initiatives the board had approved and which staff had initiated. Funding approved by the board, pursuant to the CRA's Homebuyers Assistance Program, assisted twelve families in buying homes in the CRA area to date, and approval for funding for an additional five families had been requested pursuant to the Consent Agenda. Funding provided by the Residential Improvement Grants Program assisted nine families in the improvement of their homes. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 The board requested, in addition to the current format provided in the CDCs report, the information pertaining to Boynton Beach be separated out. Mr. Horne acknowledged the CDC report would be provided as requested by the board. Motion Vice Chair Rodriguez moved to approve Item H, with the proposed new reporting method. Mr. Hay seconded the motion that passed unanimously. L. Approval of Burkhardt Construction, Inc. Work Order No.2 in the Amount of $11,670 to Remove Efflorescence and Seal Pavers at Boynton Beach Boulevard Extension and Promenade Ms. Brooks advised Burkhardt Construction installed the pavers, and Kimley-Horn provided the design. The pavers were not sealed at the time of placement, as pavers were not sealed unless they were installed on a driveway. In this instance, they were installed on the walkway, extended from the roundabout, and were exposed to the salt air and the influence of the tides. Vice Chair Rodriguez inquired as to why Burkhardt was requesting the City pay for this work at this time, as he believed it should have been attended to at the time of installation. Burkhardt was aware of the affects of salt water intrusion. Ms. Brooks pointed out stainless steel bars and railings were installed in salt areas, and were required to be polished every month to prevent salt intrusion. Therefore, maintenance would be an ongoing cost. While Ms. Brooks did not agree with the design, she did agree maintenance was necessary to prevent further deterioration. Staff reviewed the contract some time ago and could not ensure whether the work was included in the scope of services. It would be necessary to determine whether the pavers were to have been cleaned and sealed in the original scope of services. Staff and legal counsel would take a fresh look at the contract and if the work was included therein and they were supposed to have done the work, the item would not go forward and Burkhardt would be responsible for the work. If it was not included in the contract, it would be necessary to go forward with the work. The board would be advised as to the findings of staff and legal counsel. Motion Vice Chair Rodriguez moved to approve, with the stipulation that staff and Legal would look at the contract to determine if the work was included in the original proposal. Mr. Weiland seconded the motion that passed unanimously. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 M. Approval of Hedrick Brothers Construction, Inc. Work Order No. 001.0 in an Amount Not to Exceed $140,000 to Complete the Housing Rehabilitation of Seven Homes Approved Under the Residential Improvement Grant Program Vice Chair Rodriguez pointed out the cost for each resident was not to exceed $20,000. He inquired whether bids were sought on the actual cost. Mike Simon, Development Manager, advised the process was to receive bids for the rehabilitation of each house. The work order submitted for approval included a maximum amount, as did the grant approval. The board's approval sought an amount not to exceed the original approved grant, so that there would not be a contingency of more than $20,000. The individual specifications varied for each house. Staff would work with the homeowners as to the priority of items selected, and the individual houses would be rehabilitated based upon the individual specifications for each house. The work order would not exceed the original grant. The board addressed the issue of liability. Mr. Simon explained the contract was between the homeowner and contractor. Funding for the work was through a three- party, agreement between the homeowner, CRA and contractor, and it was clear the CRA was a funding source. The contract contained indemnification and hold-harmless clauses in favor of the City. In this particular program, an elderly or inexperienced homeowner would go through the process aided by the guidance of staff. Attorney Cherof indicated he could provide the board with notated copies of the contracts indicating the board was not liable merely because it funded the work, and that the liability was the obligation of the property owner. Further, he believed an accurate description of the CRA's role was provided, as was the limit pertaining to the CRA's liability. Motion Vice Chair Rodriguez moved to approve Item M, with the consideration that the actual estimates would come back to the board as an item on the Consent Agenda. Mr. Hay seconded the motion that passed unanimously. N. Approval of Sidewalk Cafe Permit for Eye of the Storm Located at 531 E. Ocean Avenue Vice Chair Rodriguez pointed out the ordinance in the packet appeared to be an old ordinance as the City recently approved the per-seat fee. Ms. Brooks explained the City 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 Commission approved a utility cap fee on first reading, which differed from the sidewalk permit fee, and which was paid annually, along with the business tax receipt. Vice Chair Rodriguez did not believe the requirements calling for a clear pathway, parallel with the street, and a minimum width of four feet would be maintained for through-pedestrian traffic. Ms. Brooks explained the package presented to the City by Kim Kelly had been reviewed and was deemed to be sufficient to meet the ordinance. Under the ordinance, the CRA allowed Ms. Kelly to have a sidewalk cafe. Staff was not acknowledging the applicant met all criteria. However, the City's Planning Department reviewed the information and indicated Ms. Kelly's drawings complied with the ordinance. The application was being approved by the City Commission, and the CRA was a recommending board to the City Commission on this particular sidewalk cafe ordinance. Ed Breese, Principal Planner, advised an oversized drawing was submitted and reduced in the packet, although, it did appear to be cut off. The illustration was drawn to scale and reflected the applicant met the requirements for adequate egress and ingress along the sidewalk. Mr. Simon pointed out the approval of a sidewalk cafe permit was only eligible within the CRA district. The intent was to streamline the process for a recommendation to the City Commission that the CRA support a sidewalk cafe for this particular site, which would still be required to meet the criteria of the various levels of City staff review and Code Compliance. He reviewed the approval process. For future reference Vice Chair Rodriguez requested staff's review and approval be noted in the staff report summary on the first page. Ms. Bright agreed staff would include this in the reports. Motion Vice Chair Rodriguez moved approval. Ms. Ross seconded the motion that passed unanimously. VI. Public Hearing: Old Business: None A. Tuscan Villas Site Plan Time Extension 1. PROJECT: Tuscan Villas (SPTE 07-011) 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 DESCRIPTION: Wendy Tuma, RLA, ASLA, Urban Design Studio Tuscan Villas at Boynton Beach, LLC East side of Federal Highway, approximately 1,100 Feet north of Gulfstream Boulevard Request for a one (1) year site plan time extension of the site plan (NWSP 06-002) approved on April 18, 2006, from October 18, 2007 to October 18, 2008, for 22 townhouse-style condominium units on 1.341 acre zoned IPUD. AGENT: OWNER: LOCATION: Mr. Breese advised the agent for Tuscan Village, Wendy Tuma, was requesting a one- year time extension for the project. Tuscan Village was originally approved as a 22-unit townhouse project with units ranging in size from 1,947 square feet to 2,513 feet of air- conditioned space. The applicant had noted the following accomplishments to further the project: . Payment of utility reservation fees . FDOT approval of drainage and driveway permits . Submittal of plat and utility plans to the City . Revisions to construction drawings based on a previous City review Staff therefore recommended approval, subject to the original 36 conditions of approval. Chair Taylor opened the public hearing. No one having come forward, the public hearing was closed. Mr. Breese advised the project fronted on Federal Highway and was north of Gulfstream Boulevard, across from the cleared area where Gulfstream Gardens had been approved on the west side of Federal Highway. Wendy Tuma, Urban Design Studio, 477 S. Rosemary Avenue, Suite 225, The Lofts at City Place, West Palm Beach advised the front doors of the units were set back seven feet. Flowering trees, palms and signature trees would be planted along the entire perimeter in the future. The board requested, as part of the site plan approval, the Federal Highway perimeter be beautified as soon as possible by planting coconut or palm trees in order that the lot not appear to be vacant or abandoned. The board had commonly requested this of all developers coming up for site plan extension approval. The trees could be relocated to the project site at a future date. Ms. Tuma advised she was not aware this was a common request and, as the owner was not present, she wished to confirm this with 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 the owner. The board indicated Ms. Tuma could reaffirm the owner's consent at a City Commission meeting. Motion Vice Chair Rodriguez moved approval, with the requirement tree hedges be added along the perimeter of Federal Highway. Mr. Weiland seconded the motion that passed unanimously. B. Arches Site Plan time Extension 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Arches (SPTE 07-012) William Bloom, Holland & Knight Boynton Ventures I, LLC Southwest corner of Ocean Avenue and Federal Highway Request for a second one (1) year site plan time extension of a site plan (MSPM 05-008) and height exception (HTEX 05-006) approved on September 6, 2005, from September 6, 2007 to September 6, 2008, for a mixed-use project consisting of 40,596 square feet of retail space and 378 condominium units on 4,688 acres zoned Mixed Use High. Mr. Breese advised William Bloom, agent for Boynton Ventures, requested the one-year time extension. The applicant noted the changes in market conditions and the need to realign the project with current demands as factors for the need for the extension. Any future changes to the approved plans would be reviewed by staff to determine whether they were major or minor in nature. If major, they would be brought before the board and the City Commission. Staff recommended approval, subject to the original 81 conditions of approval. Bonnie Miskel advised she was present on behalf of the applicant, as Mr. Bloom was out of the country. Market conditions had become unfavorable for a luxury condominium project and the developer converted the project from condominiums to market rentals. This necessitated significant value engineering changes in order to address the market conditions and come back with a project which was more competitive. She recognized, during the permitting process, staff would review the changes to ensure they were minor in nature. The project would appear much as it did from the outside, and would be all rentals, as market conditions for rentals were reasonably good. 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 Ms. Miskel advised the value engineering had been completed and the revised plans had been put out to bid. It was anticipated bids would be returned within the next month and significant activity would commence within 90 days. Ms. Bright reminded the board an incentive package was part of her work program last year, and it was one of the reasons the board would be addressing the rollover $lM. Staff had also been working with Arthur Slavin, of MCZ Centrum. The changes would not significantly alter the exterior of the building and the applicant wanted to continue to move forward more aggressively in the first quarter of 2008. Chair Taylor opened the public hearing. Chuck Magazine, Risk Manager, wanted to remind the board the sidewalks along Ocean Avenue and 4th Avenue were originally given over to the developer. This area was utilized by the City for its annual Holiday Parade. He noted it was the requirement of the developer to maintain the sidewalks, and the issue of liability remained with the developer and not the City. Brian Edwards, 629 NE 9th Avenue, commended Ms. Miskel, but expressed concern with use of the term "rental property." The project would be situated downtown, which was considered a prime location. He believed issues such as use of the term "rental property," time expended on the project, and the conversion of the property, should be considered. No one else having come forward, the public hearing was closed. Ms. Bright advised staff recently met with the developer and, based upon a feasibility and analysis study, the developer anticipated a luxury rental market would survive at the location. Ms. Bright believed the project would be appropriate for the Downtown Master Plan and would be an exceptional luxury rental product constructed to resemble a condominium. The condominium ownership market was overbuilt and there was a need in the City for rentals. As to the Downtown Master Plan, Ms. Brooks advised the preliminary economic analysis undertaken two years ago indicated the number of residential units needed to support commercial ventures in the downtown area was quite high. Ms. Miskel indicated rental rates had not yet been provided. As a result of changes to the program, certain amenities were removed. They were attempting to reduce their parking expenses, as structured parking was costly. Other than that, the product remained similar. The original project included good-sized condominiums that were 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 intended to sell at a very high price. It would be her expectation the rates would be higher than average rental rates. The board believed there was a niche in the City for high-end rental properties. Motion Mr. Weiland moved approval of the one-year site plan time extension. Ms. Ross seconded the motion. There was no further discussion. Vote The motion passed unanimously. C. Land Development Regulation Rewrite- Group 4 Code Review 1. PROJECT: Land Development Regulations (LDR) Rewrite- Group 4 (CDRV 07-004) City Initiated A portion of Group 4 deliverable, pursuant to the LDR Rewrite Work Schedule, which includes: Article 1. Environmental Protection Standards and Article II. Landscape Design and Buffering Standards. AGENT: DESCRIPTION: These proposed sections will ultimately replace and Enhance portions of the current LDR Part III, Chapter 2 (Zoning), Sections 5 through 7, 8.5, and 11; Chapter 4 (Site Plan Review), Section 8; Chapter 6 (Required Improvements), Article III; all of Chapter 7.5; Chapter 8 (Excavation and Fill Regulations), Articles I through VI; and Chapter 9 (Community Design Plan), Sections 10 and 11 Eric Johnson, Planner, Planning and Zoning, advised this was the fourth of an eight- grouping project known as the Land Development Code Rewrite. Landscaping and environmental standards would be discussed. Project objectives included preserving and utilizing the initial work efforts, maximizing user friendliness for the public and developers, continuing the public and professional involvement, ensuring the Land Development Regulations were flexible, and maintaining priority functions of the Planning and Zoning Division services. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 Discussion would pertain to two of eight Articles in Chapter 4 dealing with site development standards. Landscaping and buffering standards would be sprinkled throughout six different chapters of the Land Development Regulations. A draft work product was presented. Article I pertained to environmental regulations. Staff identified tree preservation and landscape permits required. Staff codified a practice pertaining to minor landscape modifications and updated the landscape exemptions. Hazardous or dangerous conditions would be exempted from the landscape requirements. Preservation standards were updated, as was text for environmentally sensitive lands. He presented a slide with respect thereto, which reflected a preservation area populated with plants and trees. Updates were made to administrative tasks, various excavation classifications, and excavation and fill standards. Slides included a presentation of littoral plantings required by Code. Revisions to Article II, Landscape Design and Buffering Standards, enhanced the purpose and intent, expanded landscape plan requirements, created landscape design principles and enhanced landscaping standards. The caliper inch requirement for trees was increased from three inches to four inches. Staff identified areas where landscaping would be tailored to the needs of the City. There currently were City-wide, urban, and suburban landscape requirements and landscape requirements based on use. In an effort to conserve water, the City focused on reducing the use of sod and moving toward more drought-tolerant species. Use of drought-tolerant species would actually reduce maintenance. Mr. Johnson presented a slide reflecting a multi-family development, and it was suggested sod be removed from in between the units. Slides of fallen trees were presented which conveyed the lack of space necessary for trees. It was staff's desire to move away from the small planting areas into larger, more consolidated areas. Another slide depicted a tree canopy. Staff wanted to design the City's trees for strength. Other slides produced additional images of drought-tolerant designs, indicating beauty did not have to be forfeited for drought-tolerant species. City-wide standards were discussed pertaining to native and drought-tolerant plants. Staff established the "Waterwise" publication from South Florida Water Management District as the source for plant selection in order to promote water conservation. It was staff's intent to have the City's Code compatible with the publication. Staff had taken a closer look at prohibited species and would reference the Exotic Plant Council. Staff reviewed plant material and enhanced the signature tree requirements to include more eligible species. Tree measurement methodology would be changed to caliper, 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 emphasizing quality rather than quantity. Staff created an equivalent standard applicable when palm trees were used in lieu of canopy trees. A three-to-one ratio (three palm trees to one canopy tree) was introduced. Staff also created a minimum tree variety standard based on the number of trees provided, and enhanced text regarding the maximum allowable height of plant material. Irrigation concerns were addressed as well. Additional City-wide standards included the use of mulch, upland buffers and littoral plantings, landscaping requirements in easements, landscaping permitted in rights-of- way, and landscaping in parking lots. The tree size proposed in a landscaped island should correspond with the tree sizes shown in the Waterwise publication. These were either large or small islands. A large island would be considered at least 224 square feet, while the smaller island would be at least 150 square feet. Staff was promoting larger trees that would remain healthy for a longer period of time. City-wide standards also addressed maintenance issues, which were being regulated by the International Arborist Association. Maintenance issues included the maximum height of hedges and the appearance and maintenance of landscape material. Also addressed were engineering issues of cross visibility and safe sight triangles required on the corner rights-of-way and driveway openings along streets and between parking lots. The Urban Landscape Code was discussed, which was applicable in the Central Business District (CBD), Mixed Use Districts and Urban Commercial District Overlay Zone (UCDOZ). Also addressed were issues pertaining to landscape strip abutting right-of- way, perimeter landscape buffers, interior open space and streetscape design. Streetscape designs were also created. The Suburban Landscape Code would be applicable outside the urban area including the Suburban Mixed-Use (SMU) district. The landscape strip abutting the rights-of-way had been increased from seven to ten feet. While the CRA dealt mostly with urban-type settings, suburban type settings were addressed as well. The landscape strip abutting lot was intended to screen the parking lots. The trees would be spaced at least 30 feet apart, and the shrubs would be installed possibly on a berm. Suburban landscape buffers would be provided alongside interior and rear property lines. Staff had identified landscape standards for specific uses and would include exterior storage, wireless communications facilities and Group B satellite dish antennae. With regard to Community Design, any deviation from landscape standards would require a Community Design Plan Appeal, which had less stringent criteria than that required by a variance. Mr. Johnson addressed the applicability of foundation landscaping. Also discussed were the landscaping requirements for plazas and drive- 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 through facilities. Staff worked with the development community as to mitigation against vehicular use areas and drive-through facilities. Service areas and dumpster areas required a planting strip around dumpster enclosures. Mechanical equipment, lift stations and base of signs were also addressed. . Staff recommended the board conceptually approve Articles I and II and to be able to move forward with the next group. . Chair Taylor commended staff on the Rewrite. Motion Mr. Hay moved to approve Article I and Article II conceptually. Ms. Ross seconded the motion that passed unanimously. VII. Pulled Consent Agenda Items This item was discussed earlier in the meeting. VIII. Old Business: A. Review of 2006 Adopted Downtown Parking Plan Ms. Brooks advised this item was being addressed at the request of the board as to the feasibility of having a downtown parking garage in a particular location. Opportunities were presented to the board last year with regard to public parking throughout the downtown district. Areas requiring the highest need for parking accommodations included the Marina, the Promenade, Ocean Avenue, Town Square and Mangrove Walk. She presented a PowerPoint presentation on the matter, a copy of which was included in the backup material. Staff was able to secure 140 public parking spaces in the Marina Village project and 100 parking spaces in the Promenade Condominium project. Ms. Brooks identified locations for parking, some of which were proposed within private mixed-use projects. Staff had been in negotiation with the owner of the Bank of America site for 400 public parking spaces. However, as a result of market conditions, that project was temporarily held in abeyance. Staff would continue to push for public parking within that project. Staff acquired a vacant area owned by the CRA east of the police station. The acquisition was in conjunction with the potential development of the Old High School. Staff was continuing to work with developers and property owners of future development sites to incorporate public parking with private developments. 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 Stand-alone parking garages would be costly to construct. From a public perspective, staff believed it was not the best policy to pursue land merely for parking purposes, and believed parking should be incorporated into projects as they occurred. Staff met with Gene Moore on behalf of First Financial Plaza. He proposed the CRA purchase air rights on the north and south ends of the property and construct two 15- story parking towers on the north and south ends of the First Financial site. The CRA would pay for the air rights and pay to construct the parking garage. Ms Brooks did not believe the existing building could accommodate the construction of two 15-story parking towers without collapsing. Chair Taylor commented he believed the Ocean One area was the catalyst for the entire downtown development. The delay pertained to First Financial Plaza, Gene Moore's property, and the three individuals refusing to sell their units. This could be addressed by taking the property as a public purpose for parking, and could provide the impetus for the three individuals to sell. Ms. Brooks believed this could be done in conjunction with the developer to construct a parking garage, and would involve separating the property out for public parking. Ms. Bright advised the CRA was aggressive last year in persuading the holdout individuals to sell their units, adding $2M was appropriated for that purpose. She did not believe it was practical to construct a project on the front side of the Bank of America site without proposing a larger mixed-use project for the complete corner. Chair Taylor commented he was not in favor of Mr. Moore's proposal to purchase air rights. He indicated he would be willing to take a more proactive role, along with the Executive Director, to communicate with the three holdout individuals. The CRA was not going to buy the property. The developer was going to purchase it and the CRA was going to partner with them for redevelopment. The developer was back at the table and, in addition to a mixed-use project, was interested in possibly working with the CRA to construct a new City Hall on the property. Discussion ensued as to the Master Plan which would require Ocean Avenue and Federal Highway to be the CRA's core downtown area. Chair Taylor indicated several options would be presented as to the location for City Hall. He believed placement of City Hall in the downtown area on the corner of Federal Highway and Boynton Beach Boulevard would draw traffic and encourage businesses to locate in the area. 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 Vice Chair Rodriguez inquired whether the board should support staff's intent to negotiate with the developers for additional parking and for a board member to be included in the negotiations. Consensus The board would support staff's action to negotiate with the developers for additional parking, including a director from the. board in negotiations, and continue discussion with the developer for the unit in question. B. Request by Innovative Printing, Inc. for Exception to Commercial Facade Grant Program Mr. Simon advised the CRA board approved the Commercial Facade Improvement Grant Application on October 9, 2007 for Innovative Printing and their property located at 810 N. Federal Highway. The grant program and the guidelines of the grant allowed for reimbursement of approved eligible expenses on a 50% basis up to $15,000. The grant was intended to stimulate exterior improvements of existing commercial buildings within the CRA district. Staff had reviewed the expenses submitted by the applicant as part of the application which was approved. The eligible expenses totaled $4,990.67, which would be reimbursed at 50%, or $2,495.49. Pursuant to the grant, the applicant would obtain approval, perform the work under the grant, pay for the items to be improved and submit copies of the cancelled checks for reimbursement within 120 days of approval. The program allowed for flexibility with regard to reimbursement. Staff had processed the aforementioned amount under the eligible expenses and the applicants requested an exception to the terms and conditions of the grant program application and an exception for expenses and time for their project. In addition to the information set forth above, Chair Taylor pointed out a second issue which was not discussed by the board. The applicant also requested reimbursement for improvements to her property located at 310 South Federal. This item was handled by the former Director and City staff. The rules of the program dictated reimbursement could only be made for one property during the same cycle. It was noted the improvements to the properties were not made during the same cycle. George Kallai, father of Lisa Kallai-Hargrove, owner of Innovative Printing & Graphics, advised his daughter expended the aforesaid monies to improve the property and to comply with City's wishes to beautify Federal Highway. Lisa Kallai-Hargrove, 810 Federal Highway, discussed improvements to 810 Federal Highway which included replacement of a chain link fence and enhancements to the exterior and interior of the property. She commenced the permit process in 2006 and 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 contracted with Lawrence Fence Company to work with the City to obtain a permit for the fence. In August, 2006, CRA staff advised of other items to be addressed. Lawrence Fence Company no longer wished to be involved with the work and retained the monies paid by the applicant. A replacement company, Fence & Gate Depot, was thereafter hired and paid for the work. As the process continued, staff advised the applicant of other improvements sought, including landscaping of the parking lot, with which the applicant complied. The total cost spent on the property was $18,343.28. The applicant requested reconsideration of the amount reimbursed, $2,495, noting all expenses had been documented. She contended the improvements were made to accommodate the City's wishes, and requested reimbursement in the amount of $9,171.64, half of what was actually spent to improve the property for the exterior items. Vice Chair Rodriguez commented while he was sympathetic to the challenges and confusion with prior staff, the board could only operate within the parameters of the grant. In order to provide closure, he suggested reimbursement in the amount of $7,500, half of $15,000. While the applicant spent twice as much as that, the board could not exceed the requirements and standards of the grant. Ms. Brooks pointed out the applicant requested the board consider a waiver to the program rules. The total cost expended was $18,343.28. If the board approved a waiver of the guidelines and rules, she would be eligible to be reimbursed for $9,171.64. Attorney Cherof advised the board did not have the authority to go outside the guidelines of the grant and could not to go above 50% of the $15,000. Motion Vice Chair Rodriguez moved to reconsider the amount of the reimbursement and have a total disbursement of $7,500. Mr. Weiland expressed his concern pertaining to pOSSible repercussions for setting a precedent. Ms. Ross seconded the motion. Vote The motion passed unanimously. 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 C. Consideration of Work Order #2 in the Amount of $24,000 to Kimley-Horn to Design Master Streetscape Plans for Federal Highway Corridor Ms. Brooks advised this item was addressed at the last board meeting. Staff revisited the continuing contract with the engineering firm of Kimley-Horn, requesting they provide a price to design streetscape plans for the entire Federal Highway corridor. The cost would be $224,000 for the design plan and would not include the actual improvements. As the funds were not budgeted, there was no line item for this project. Ms. Brooks was not recommending approval, but inquired whether the board wished to replace an item in the rollover recommendations or take something out of the budget. Vice Chair Rodriguez believed if the board desired to redevelop the north end of the City, Federal Highway should be given priority over Seacrest Boulevard. He inquired whether staff had proceeded with Kimley-Horn for the landscape design contract pertaining to Sea crest Boulevard. Ms. Brooks advised the work order for the landscape design contract with Kimley-Horn had been approved by the board. Mr. Hay believed the Seacrest project had been delayed long enough. Vice Chair Rodriguez inquired whether the board could stop the Seacrest project. Attorney Cherof advised the contract contained a termination provision, and he would review the contract to determine what the board's exposure to liability would be. Ms. Brooks did not believe merely obtaining the plan was sufficient for the Federal Highway corridor. She added Kimley-Horn offered a design guideline. Ms. Bright believed it made sense to go forward with the Sea crest project, and Ms. Brooks believed the principal need on Federal Highway corridor, particularly the north end, was Code enforcement. Chair Taylor believed Seacrest Boulevard was in need of improvements and while Federal Highway deserved attention, at this point, the $224,000 would only provide a design. Mr. Hay believed the Federal Highway corridor should be improved, but not at the expense of the project already approved on Sea crest Boulevard. Motion Mr. Weiland moved for the board to follow staff's recommendation to deny agenda Item C. Mr. Hay seconded the motion. Discussion ensued as to the intent of the motion. Attorney Cherof pointed out if the motion passed, the board was not approving the work order. Vice Chair Rodriguez inquired whether there was any way to find the funding for this item in the budget. 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 Staff agreed to review every possible financial option and address this at the next meeting. Motion Vice Chair Rodriguez made a substitute motion that the board currently deny funding the Kimley-Horn review of Federal Highway, but that the board request staff go back and analyze potential funding options within the current budget year for this project. Mr. Weiland seconded the motion that passed unanimously. D. Consideration of Releasing Delray-Boynton Academy from CRA Mortgage and Note Ms. Bright advised the CRA partnered with the County's grant program to support the purchase of the Delray Boynton Academy Charter School. The CRA received $50,000 from the County, which was matched by the CRA for the Academy. The grant agreement was included in the packet. Staff received a request from Mr. Green to release the mortgage so that he could sell the property. Mr. Green had not provided reports required by the grant since June 2006. Mr. Green closed his business in May 2007 and had not created the jobs promised as part of the grant agreement. Staff was therefore recommending the mortgage not be released. Motion Mr. Weiland moved for the board to deny Item D. Mr. Hay seconded the motion that passed unanimously. E. Consideration of Acting upon Recommendations from Independent Auditor Regarding Financial Procedures Ms. Bright advised this item was brought back at the board's direction for reconsideration. The review reported no material discrepancies with current policies and procedures. However, the report did recommend further review if the board felt it was necessary to create policies that were more accountable to the board. Staff wished to determine whether it was the direction of the board to review the poliCies and procedures and make them more restrictive. Mr. Weiland believed the board, Legal and staff should get together to determine what was being done currently and what was required. Ms. Bright suggested, in the event the board approved this item, either hiring an independent contractor or having staff come back with policies and procedures. Chair Taylor indicated the concern of the board pertained to the documentation of 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 expenditures in a manner that was open and professional. He believed the study could be done in-house, as the board was chiefly concerned with having appropriate management procedures. Vice Chair Rodriguez support Chair Taylor in that the intent was to set spending guidelines for staff, and this could be accomplished internally. Ms. Bright advised of two protocols in place: the departmental budget and the staff credit card. Vice Chair Rodriguez pointed out he was referring strictly to travel and entertainment. Ms. Bright advised staff would provide data and come back before the board with the guidelines. IX. New Business A. Consideration of budget Rollover Recommendations: 1. MLK Building Purchase 2. Molly's Trolley's 3. 4th and 5th Avenue Land Acquisition 4. Youth Violence Prevention Program s. Bond Debt Repayment 6. Wi-Fi Equipment 7. Dumpster Art 8. Green Market Chair Taylor advised a rollover was available of $lM with the original seven recommendations. Prior to the Green Market recommendation, $1,981,000 was available. The sum of $10,000 was added for the Green Market. Current requests totaled $1,991,000 and the board had $lM with which to work. Therefore, the recommendations required prioritization. Molly Stahlman, of Molly's Trolley, made a brief PowerPoint presentation on the trolley expansion and the benefit to the community. The trolley service currently ran from the Marina, up Seacrest Boulevard and Martin Luther King, Jr. Boulevard (MLK) to NE 4th Street to Gateway, west on Gateway to Congress, and south on Congress to the Mall. Wal-Mart and Target were added. There were two trolleys traveling this route daily and 18 stops were made. Ridership had increased from August 2007 to approximately 9,743 riders during October 2007, or 15 riders per hour, at a cost of $4.59 per rider. The route currently encompassed a semi-circle and Ms. Stahlman wanted to expand to a full circle to include a total of 29 total stops. The communities added included Bethesda Memorial Hospital, Boynton Beach Leisureville, Colonial Club, and Sterling Village. The new route connected the southern communities to the areas accessed by the northern communities. She provided a summary of the trolley benefits. The service supported the Land Use Revitalization and would be an alternative to 21 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 automobile travel. It would take 75 minutes to travel the full loop, and two vehicles would be in service at a time. Board discussion returned to the budget rollover recommendations. As to the 4th and 5th Street Land Acquisition, Vice Chair Rodriguez pointed out data was broken down by the cost per property. Ms. Brooks requested the board allocate $350,000 to purchase two properties that remained on the block, and were outlined in red on the map provided in the packet. Chair Taylor inquired as to the amount of funding in the Youth Violence Prevention Program. Vice Chair Rodriguez advised the County provided the program with an annual grant of $350,000 which included all operating expenses. Chair Taylor inquired as to the manner in which the Youth Violence Prevention Program related to the mission of the CRA and whether the funding request pertaining to policing was appropriate. Vice Chair Rodriguez advised the concept was that most of the crime pertaining to youth violence was predominantly from the Heart of Boynton. The program was attempting to target that area. All of the monies from the grant had been allocated. With regard to projections throughout the year, approximately one-third ($100,000) would be used for administration and $200,000 would be allocated for programs to support the youths. Staff had provided a list of all organizations supported by the program or which the program proposed to support. The difficulty was the program could not fully fund the myriad organizations requesting funding. The Youth Violence Prevention Program targeted all areas contained within the eRA district. Ms. Harris noted it was necessary for staff to be very cautious with regard to the appropriate use of any CRA funds. This funding was not included in staff's current plans. If the board decided to go forward with the program, Ms. Harris would request a ruling from legal counsel to ensure it was appropriate under the Florida Statute for community redevelopment. Vice Chair Rodriguez advised of two elements to addressing gangs, one preventive and the other enforcement. The policing efforts addressed pertained to the preventive element. With regard to the MLK building purchase, Chair Taylor believed there was a need for a new facility for the Community Caring Center. If the CRA were to purchase this building and apportion it correctly, it could house the Women's Circle, the Community Caring Center and possibly the Wellness Center. Sherry Johnson, Executive Director, Community Caring Center, asserted they would be grateful to have the grant in some capacity: but believed they had the ability to purchase the building. She believed they might sell their property to the CRA and could utilize the revenue to acquire the building on their own. This would reduce the amount of funding being considered. Ms. Johnson commented the Center explored a price of 22 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 $800,000 for the acquisition and would probably require an additional $200,000 in grant dollars to facilitate the purchase. Vice Chair Rodriguez believed land acquisition' was an important part of the CRA function and should be a budgeted, planned event rather than a rollover opportunity. He would not support the 4th and 5th Street Land Acquisition at this time. Per the request of Mr. Hay, Vice Chair Rodriguez provided clarification with respect to the Dumpster Art program. Mr. Weiland believed it was important to fund the 4th and 5th Street Land Acquisition, as the CRA was attempting to assemble land before costs increased further, and in order to provide affordable housing. He would also agree to fund Molly's Trolley. Following discussion, the board agreed to include the following budget rollover recommendations: $400,000 for Molly's Trolley, $200,000 for the MLK Building purchase, $300,000 for the Youth Violence Prevention Program, $71,000 for Wi-Fi Equipment, $10,000 for Dumpster Art, and $10,000 for the Green Market, which totaled $9,991.00, and left a balance of approximately $991,000. Eliminated were the 4th and 5th Land Acquisition and the Bond Debt Repayment. Motion Vice Chair Rodriguez moved the board approve the rollover budget with $400,000 for Molly's Trolley, $200,000 for the MLK Building, $300,000 for the Youth Violence Prevention Program, $71,000 for Wi-Fi Equipment, $10,000 for Dumpster Art, $10,000 for the Green Market, and that the balance be maintained in the rollover budget for miscellaneous items. Mr. Weiland expressed his concern as to the purchase of the MLK building with regard to development of the MLK corridor. Ms. Ross seconded the motion. Vote The motion passed 4-1 (Mr. Hay dissenting). B. Consideration of Executive Director Evaluation Ms. Harris advised, upon her arrival at the CRA nearly two years ago, there was no comprehensive tool available for performance appraisals. Thereafter, staff reevaluated 23 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 their performance appraisal system and developed a comprehensive evaluation tool for staff and the Executive Director. The result was the evaluation included in the packet. Each of the board members ranked the Executive Director on a number of performance factors. Using a 1-5 point scale, Ms. Bright scored a 4.0, with a final overall score of 3.93. Chair Taylor reviewed the manner in which each board member evaluated Ms. Bright and met with Ms. Bright to review the evaluation. He noted a "4" rating was distinctive and well above satisfactory performance. He highlighted several of her accomplishments, which included: · Heart of Boynton work program for affordable housing, a $2.5M purchase of an Intracoastal parcel · Return of the $2M pledged tax increment fund balance for the Arches project · Assemblage of more than 3 acres on NE 4th and 5th Streets in the Heart of Boynton for future redevelopment projects · Interlocal Agreement with the Palm Beach School Board to paint Galaxy Elementary School · Implementation of the Agency's 2007/2008 budget · Assisting in the approval of a City-wide Workforce Housing Ordnance Chair Taylor recommended an 8.7% raise of $10,000, which would increase her salary to $125,000, on a par with Delray Beach, and still below West Palm Beach and Riviera Beach. Motion Vice Chair Rodriguez moved to provide the Executive Director with an 8.7% increase, which equaled $10,000, for a $125,000 salary. Mr. Hay seconded the motion that passed unanimously. x. Comments by Staff Kathy Biscuiti, Special Events Manager, announced the Holiday Parade, December 1, 2007, the tree lighting ceremony and the Three Dog Night Concert. The boat parade would be held Friday, December 7, 2007. The Chamber of Commerce requested the CRA secure judges for the event and the CRA requested the board serve as judges. Margee Adelsperger, Marketing and Communications Director, announced Chair Taylor, Mr. Weiland and possibly Mr. Hay would be attending a groundbreaking ceremony on Sea crest Boulevard from 10:00 a.m. to 11:00 a.m. The CRA would be partnering with the CDC. 24 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL November 14, 2007 XI. Comments by Executive Director Ms. Bright thanked the board for the salary increase, adding she looked forwarding to serving the board next year. She requested input as to the board's priorities so that a work program could be centralized with regard to the scope of work for the ensuing year. The CRA and City were partnering with the Chamber of Commerce for the Chamber's annual Dinner and Dance and she requested the board's sponsorship. This item was included in the budget. XII. Comments by CRA Board Attorney None. XIII. Comments by CRA Board Vice Chair Rodriguez thanked Ms. Bright for her efforts during the last year. He requested a modification to the review process and a list of objectives by the Executive Director for the current year. Chair Taylor requested the board discontinue staff's evaluation of the Executive Director. He spoke of a seminar he attended in Washington D.C. with the Executive Director and Finance Director in November 2007. The CRA Executive Director would be ordering a copy of a Tax Increment Reference Guide for each of the board members. He urged the board to attend future events. Finally, he suggested, with the board's permission, a retreat be scheduled with the board and CRA staff. Mr. Weiland commended Ms. Bright and her staff for a job well done. Mr. Hay commented he enjoyed working with staff as a member of the Planning and Development Board and looked forward to continue working with staff. Ms. Ross thanked staff for the warm welcome provided to her. XIV. Adjournment There being no further business to discuss, the meeting adjourned at 10:09 p.m. ]b;:" D I . I I >,. , ) ' c~ ~~~ ,,1- Stephanie D. Kahn Recording Secretary 111507 25