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Minutes 01-08-08 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD ON WEDNESDAY, JANUARY 8, 2008, 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 DJ. Doody, CRA Board Attorney I. Call to Order Chair Taylor called the meeting to order at 6:30 p.m. II. Pledge to the Flag and Invocation The Pledge of Allegiance to the Flag was recited and the invocation was offered by Mr. Hay. III. Roll Call The Recording Secretary called the roll and determined a quorum was present. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Mr. Hay requested a status update on the residential grants project for Willie Aikens and other recipients. Chair Taylor suggested this be discussed under IX. Old Business, Item c., Consideration of Residential Improvement Program Options. Mr. Hay was agreeable to this suggestion. Mr. Weiland requested an update on the Ocean Ridge and the MLK projects under the Board Attorney's Report. Attorney Doody agreed to provide the updates. Vice Chair Rodriguez inquired of the Executive Director as to when the Downtown Master Plan would be placed on the agenda. Lisa Bright, Executive Bright, advised a draft would be provided at the February 2008 meeting. (Later in the meeting, she advised the draft would not be ready until the March 2008 meeting.) Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 B. Adoption of Agenda Motion Mr. Hay moved to approve the agenda as amended. Mr. Weiland seconded the motion that passed unanimously. V. Consent Agenda: A. Approval of the Minutes - CRA Board Meeting - December 11, 2007 B. Approval of the Period-Ended December 31, 2007 Financial Report C. Approval of Amendment to FY 06/07 Rollover Recommendations (Pulled by Vice Chair Rodriguez) D. Approval of Executive Director's Management by Objectives (Pulled by Vice Chair Rodriguez) E. Approval of Addendum to Molly's Trolley's Contract to Expand a Southern Route Service F. Approval of Agreement with Waypoint Marine, Inc. G. Special Events Update (Information Only) H. Homebuyers Assistance Program Update (Information Only) I. Boynton Beach CRA and Trolley Website Updates (Information Only) Motion Mr. Weiland moved to approve the agenda, with the exception of the items pulled. Mr. Hay seconded the motion that passed unanimously. VI. Public Comments: {Note: comments are limited to 3 minutes in duration> Gertrude Sullivan, 201 NE 6th Avenue, inquired as to why monies were spent bringing in people to prepare the City's Master Plan rather than having it done in-house. Chair Taylor advised while City staff was qualified, the Master Plan was designed by professionals, and the citizens of Boynton Beach were provided the opportunity to 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 participate in the process. Ms. Sullivan requested consideration be given to the homeless. Sister Lorraine Ryan, of Boynton Beach PATCH (Planned Approach to Community Health) and the Women's Circle, 145 NE 4th Avenue, requested consideration of funding to establish a community health center for the provision of social services. Suggestions included reconstituting the Old High School into a building that would house a community health center, or the possible use of the Civic Center for a venue of this nature. Chair Taylor noted the board previously discussed purchasing a building at the end of MLK Boulevard, which they believed would be an ideal location to house the Women's Circle, Community Caring Center, and Wellness Center. At that time, the board agreed to provide $200,000 toward the purchase of the building. However, Mrs. Johnson, Executive Director of the Community Caring Center, advised she had been in the process of acquiring the building, and requested the board suspend any action with respect thereto. Sister Ryan believed the building had subsequently been subleased to a church group, and they were utilizing the building for youth activities. Chair Taylor indicated he would request an update from Mrs. Johnson and would explore other facilities. Steve Anton, 234 SE 2nd Avenue, expressed concerns relating to overdevelopment in Boynton Beach, which he believed eroded the cultural environment in the City. He appealed to the City's leadership to avoid the mistakes created by overdevelopment in Fort Lauderdale, West Palm Beach and other municipalities. No one else having come forward, Chair Taylor closed the public comments. VII. Pulled Consent Agenda Items C. Approval of Amendment to FY 06/07 Rollover Recommendations Vice Chair Rodriguez advised several items were included on the list when the recommendations were originally brought before the board, and the board discussed the items that would be included or excluded. He requested staff provide the options again in order for them to be conSidered in totality. The current backup contained only one sheet and merely identified the rollover item land assembly. Chair Taylor suggested pulling the $300,000 under land assembly and having that brought back, together with any other options, at the next meeting. This was acceptable to Vice Chair Rodriguez. Lisa Bright, Executive Director, read the eight options available, as noted in the November 14, 2007 minutes. The two recommendations eliminated were the 4th and 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 5th Avenue land acquisition and the bond debt repayment. The $300,000 could be allocated for land assembly (previously 4th and 5th Avenue) or for the bond debt repayment. Staff recommended the $300,000 be used for land assembly. Mr. Weiland believed it was important to utilize the $300,000 for land assembly, whether on 4th or 5th Avenue, or elsewhere in the Heart of Boynton. Mr. Hay agreed. Chair Taylor was not in favor of utilizing the funds for the debt repayment at this time. Motion Vice Chair Rodriguez moved to approve. Ms. Ross seconded the motion that passed unanimously. D. Approval of Executive Director's Management by Objectives Vice Chair Rodriguez felt it was important for the board to discuss the objectives individually, as these were chief deliverables for 2008. Ms. Bright advised she believed the objectives listed warranted priority status, but it was the within board's purview to make adjustments. Chair Rodriguez noted several of the objectives were slated to be completed in 2009 and wondered why they were included for 2008. Ms. Bright explained the projects referred to were major projects for which work had commenced, and which she did not believe would be completed by September 30, 2008. Vice Chair Rodriguez inquired whether a milestone could be set for 2008 for the Boynton Marina and the completion of renovation at 211 E. Ocean Avenue in order for the objectives to be evaluated in 2008. Chair Taylor noted the 211 E. Ocean Avenue project would require architectural drawings and plan approval, and would likely not be completed this year. However, at the time of evaluation at the end of the year, Ms. Bright could provide a list of accomplishments through the current year to determine the progress made. The board discussed the concept of Management by Objectives (MBO), which called for the establishment of clear objectives, milestones to measure progress, and accountability for results. In particular, the completion dates for two of the projects described as on-going would not allow for accountability. Ms. Bright contended the timelines for CRA projects were significantly longer than the one-year scope. Vice Chair Rodriguez suggested adding the Gulfstream Mall as an objective for 2008. Mr. Hay believed this item should be tabled pending further discussion, and to move on with the agenda. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 Motion Vice Chair Rodriguez moved to table. Mr. Hay seconded the motion that passed unanimously. VIII. Public Hearing: Old Business: New Business: A. Rufus Ribs Mobile VendinG Unit 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: RUFUS Ribs (MVU 08-002) Rufus Allen Rufus Allen 206 South Federal Highway Request for a mobile vending unit permit to operate a barbeque grill and mobile kitchen at the Pantry at 206 South Federal Highway in accordance with Ordinance 07-024 Attorney Doody administered the oath to all who would be testifying. Kathleen Zeitler, Planner, provided a review of the request for a mobile vending unit (MVU) permit for a food vendor on private property. This was the second MVU request pursuant to Ordinance 07-024 adopted September 18, 2007, whereby the City established a system to review, approve and regulate mobile vendors within the City. Standards and requirements varied, depending on whether the MVU was proposed on public or private property and whether the MVU would provide for the sale of merchandise, food or services. The request was for an MVU to provide mobile food vending services through a 4 foot by 12 foot grill and a mobile kitchen prep trailer, 7 feet by 14 feet in size. The proposed location was at the Pantry, a drive-through food store located at 206 South Federal Highway. This was the same food vending business that had previously operated at that location without City approvals, and with the adoption of MVU ordinance, was returning for formal authorization. The request had been reviewed and met all City requirements as noted on the review checklist included in the packet. This would include approval from the property owner and separation from selected uses such as parks, playgrounds, schools, places of worship, residential zoning districts, a 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 fixed business that provided like goods or similar services, and another existing MVU. Any outstanding comments had been formulated into a condition of approval and must be satisfied prior to obtaining the MVU permit and operating the business. The condition recommended by staff read as follows: "1. The grill and screen canopy shall be placed a distance from the Pantry's dumpster satisfactory with the City's Waste Removal division, in order to ensure continued ease of garbage pickup." Staff recommended the request be approved, subject to this one condition. Rufus and Brenda Allen, applicants, wondered whether they could open the business in Boynton Beach. They agreed to comply with all conditions required by the City. Debbie Brookes, 112 S. Federal Highway, was the owner of the business across from the Pantry, and she believed Rufus Ribs greatly benefited the community. She felt they had done everything to appease the residents of Boynton Beach and hoped the board would approve their request. Steve Anton, 234 SE 2nd Avenue, resided near Rufus Ribs, and believed the ribs were the best he had ever consumed. He felt the business added a unique quality to Boynton Beach, inspired an old hometown feeling and would be a great addition to the City. Motion Vice Chair Rodriguez moved to approve. Mr. Hay seconded the motion that passed unanimously. Chair Taylor advised the applicants they could open as soon as they obtained their license. This item was not required to be brought before the City Commission. B. Chow Hut Site Plan Time Extension 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Chow Hut (SPTE 08-002) Anthony Mauro, 558 Gateway Boulevard, LLC Anthony Mauro 558 East Gateway Boulevard Request for a second one-year time extension for the major site plan modification development order 05-007 approved on November 1, 2007 to November 1, 2008. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 Ms. Zeitler advised Mr. Mauro requesting a second one-year site plan time extension for the Chow Hut Major Site Plan Modification Development Order, originally approved by the City Commission on November 1, 2005. A previous site plan time extension for this project was approved on January 2, 2007, which extended site plan approval for one year from November 1, 2006 to November 1, 2007. If this request for an additional extension were approved, the expiration date would be extended to November 1, 2008. Chow Hut was a redevelopment project approved for a 2,548 square foot take-out restaurant with outdoor seating. The project consisted of 1,300 square feet of building and a covered outdoor dining area of 1,248 square feet. No drive-through window or indoor seating was proposed. New covered outdoor dining areas under thatched chickee huts were proposed on each side of the building, with a maximum of 32 seats, including a service bar area. A revised traffic concurrency approval would be required and would include an updated project build-out date to coincide with the site plan time extension schedule. The site plan time extension would still be subject to the conditions of approval from all previous applications for this project. No new land development regulations were now in place which staff recommended should be applied to the project. Staff recommended approval of the request, subject to the previous conditions of approval. Chair Taylor opened the public hearing. No one having come forward, public hearing was closed. The board discussed distance standards adopted by the City several months ago and wanted to ensure the chickee huts were in compliance with the standards. Mike Rumpf, Planning and Zoning Director, was not certain as to the intent of the ordinance and suggested either tabling the matter in order for staff to review the ordinance, or inserting a condition requiring the huts be redesigned if they were in violation of the current ordinance. Attorney Doody contended either option was advisable. He believed the board could pass the item with the condition requiring compliance with the present Code, and for the department making that determination, (either Community Development or Planning) to be identified. Chair Taylor reiterated the board's option to make a motion to approve the item, with the specification that it had to comply with the current Code for chickee huts. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 Motion Mr. Weiland advised he would like to make that motion. Mr. Hay seconded the motion that passed unanimously. IX. Old Business: A. Consideration of Redevelopment Proposals for the Old High School Ms. Bright advised, during last month's meeting, staff was directed to bring this item before the board. Staff provided historical documents and timelines relating to the manner in which the CRA received the project. Prior to 2005, the City Commission controlled the use of the Old High School. It was used primarily for offices and thereafter for storage. Since 2005, the City Commission adopted the Town Square Plan and the CRA became involved. Included in the packet was an October 4, 2005 letter from the Boynton Cultural Center together with an Interlocal Agreement with the City, and the original timeline relating to the uses of the Old High School. The sum of $4.3M had been pledged in grants through the City's Capital Improvement Fund. At issue was whether proper action had been taken with a Request for Proposal (RFP). In 2006, the CRA issued a national RFP, which resulted in the receipt of two proposals. Five Towns College was selected as the group with which to negotiate. The former CRA board's concern was that the Old High School would be seen as a single site user, while the Downtown Master Plan might call for the creation of a larger comprehensive area. It appeared the board and City Commission ultimately determined a larger scope project for the Downtown Master Plan was desirous. In August 2007, staff was directed to pursue discussions with, and attempted to secure proposals from parties who were interested in saving the Old High School. The proposals were included in the packet. Ms. Bright advised there were also two entities that could provide private funding and secure the Historic Tax Credit, which would be necessary to renovate the Old High School. Staff sought discussion and direction from the board. Vice Chair Rodriguez believed presentations were to be made. Ms. Bright apologized, as it was not her understanding this would occur this date. Mr. Weiland suggested tabling this item in order for presentations by the two interested parties to be made at the next meeting. 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 Ms. Bright believed the information provided required an analysis, as the data was voluminous and dated back to 1993. Chair Taylor believed it was time to make a decision on this matter. He believed the two proposals meriting consideration were from the Community Development Corporation and American Capital Funding. However, both would require tax credits and both were asking for the City and CRA to step forward with funding. To date, no interested party had come forward with funding and Chair Taylor was of the opinion no one would. If the City had $8M, he believed other priorities exceeded the need to save the building. The building had been in disrepair for some time and it was likely more than $8M would be needed. Chair Taylor would be in favor of saving some of the facade or create a historical memorial, but he believed the building was a financial drain on the community. Chair Taylor invited public comments. Sharon Koskoff, President of the Art Deco Society of the Palm Beaches, had recently written a book on Art Deco. She did not attend the Old High School and had no emotional attachment to the building. She pointed out the Old High School was built by William Manley King, a significant architect, who built the Armory Art Center, Pahokee City Hall and Belle Glade City Hall, thriving historic buildings. The oldest buildings in Florida were constructed in the 1920s. She suggested building around the City's historic downtown rather than tearing down the Old High School. Brian Edwards, 629 NE 9th Avenue, believed motivation was required on the part of City leaders in order for monies to be raised. He illustrated an analogy between the Old High School and Children's Museum and believed City support was responsible for the museum's success. He felt the same could happen for the Old High School and requested the board authorize an entity to raise monies. Rick Gonzalez, REG Architects, Inc., consultant on City projects, also represented a group of local businessmen. Mr. Gonzalez was accompanied by Adolfo Castellano who was desirous of seeing the Old High School. Conceptual drawings were presented. Mr. Castellano and his partner were desirous of putting together a redevelopment plan, including restoration of the building and an adjacent mixed-used project and parking structure at the corner of Seacrest Boulevard and Ocean Avenue. Subsequent to the preparation of the rough conceptual drawings, Messrs. Gonzalez and Castellano reviewed the draft of the Downtown Master Plan, and believed their concept would work with the Master Plan. Palm Beach County would be hosting the Florida Trust for Historical Preservation conference in West Palm Beach in May 2009, which he hoped to tie in with the Old High School. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 Adolfo Castellano, a realtor with Remax Advantage Plus, advised he represented a private party of interest, an individual with Z Management, who was away on vacation. The party had an interest in revitalizing the downtown. Mr. Castellano and Z Management were working in partnership and would commit to providing private funds by way of a written Letter of Intent. As the party from Z Management had not returned from vacation, he had not had an opportunity to review the conceptual drawings. Mr. Castellano believed, with the conceptual drawings and private funding, he and Mr. Gonzalez could develop something special for the Old High School. Debbie Brookes, 112 S. Federal Highway (business address), believed the Old High School was worth saving and should be the center of the downtown development. She opined funds expended on less worthy property could have gone into the Old High School. The building had not been secured, providing easy access to pigeons. She suggested monies could be obtained through a bond or other method, and inquired as to how the community could assist. Dr. Voncile Smith, President, Boynton Beach Historical Society, was desirous of providing the board with booklets prepared at the University of Florida in cooperation with Rutgers Governmental Center. The booklets reflected the impact of historical restoration on a community. It was estimated by the University of Florida that no less than $4B per year were directly attributable to historic restoration within the State. Dr. Smith recently solicited contributions from the Boynton Beach Historical Society membership and received pledges for $30,000. The membership would like the building to be saved and believed it would be an economic asset to Boynton Beach, to Palm Beach County, and to the State. Upon authorization of the board, the Historical Society believed they could raise monies through grants. Harvey Oyer, Jr., 512 N. Seacrest Boulevard, a businessman in Boynton Beach for more than 50 years, believed a distinction should be drawn between government policies and private enterprise policies. He believed the board had a civic responsibility to preserve the heritage of the community. The community could raise most of the monies if public policy allowed fundraising. He did not feel the funds could be raised if the board adopted attitudes expressed in the past. He believed the board should support a commitment utilizing the building for a cultural center, and preserve the amenities of the community. Diane Pacheco, 4 Largo Way, attended the recent charrette held by the City's planners. Participants were enthusiastic and provided input. She expressed concern that in the event a decision was rendered without considering the Master Plan on which the participants commented, community spirit would be damaged. 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 Steve Anton, 234 SE 2nd Avenue, believed the Old High School should not be torn down and contended no comments were made at the charrette supporting the demolition of the building. Andrew Ham, Vice President of Community Development Partners, submitted a Letter of Interest, as well as a qualifications package for the Old High School property and available surrounding properties. Community Development Partners were developers specializing in public-private downtown projects. Pursuant to the request of staff, they toured the property and the downtown. They believed the building could be rehabilitated and would be essential to the revitalization of the downtown. They indicated their desire to playa role in the revitalization, noting their experience in historic preservation. The company was a tax credit, historic low-income and new market tax credit syndicator throughout the southeast. Financing would not present a problem. Their traditional approach to public-private partnerships was to enter into a Memorandum of Understanding for a six month period during which economic and structural investigations would be undertaken. They would welcome background checks and visits to their projects and if the board were to entertain presentations, they would like to be included. Victor Norfus, believed the Old High School should be preserved and plans for a parking garage should be included. He felt the board's support and leadership were necessary in order for the community to respond with funding. The building was structurally sound and any deficiencies could be remedied. Mark Karageorge, 240A Main Boulevard, attended all three meetings for the Master Plan. Eight people at the second session noted their interest in parking as a priority. All participants had the opportunity to fill out cards, attach them to designs and submit them to the consultants. The first session provided an opportunity for participants to furnish input. He spoke of Rick Gonzalez and believed his work was exceptional. Mr. Karageorge also believed Z Management should be given the opportunity to come back with numbers indicating the viability of the project and suggested tabling the matter. It was his opinion the Commercial Development Corporation was asking for too much financial support, and therefore not viable. With budget constraints, he believed Mr. Gonzales and Z Management should be given consideration. Barbara Ready, 329 SW 13th Avenue, urged the board to slow down and allow the developers the opportunity to come back before the board. She indicated her interest in working with the developers and believed a coalition would be beneficial. She noted the current downturn in the market and believed this could provide an opportunity to put something together. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 Deborah Smith, principal of American Capital Funding, LLC, also a trustee of the Florida Trust for Historic Preservation, submitted a letter of interest to examine financing arrangements. There were two programs commonly used, the New Markets Tax Credit and the Historic Tax Credit. These programs were generally syndicated and had the affect of reducing the amount of equity needed for a restoration project. In a letter sent to the board, she noted the importance of examining governmental as well as private and non-profit programs. How to best maximize and combine these programs was important to lowering the overall equity. She indicated her willingness to meet with the board individually or collectively in that regard. Dr. John McGovern, 2620 Spiceberry Lane, suggested the matter be tabled. He had the opportunity to tour a historic courthouse and commented favorably on the restoration of the structure. It was his opinion the board should do nothing until the members had at least experienced the reverence of a restored structure. No one else having come forward, public hearing was closed. Chair Taylor noted the matter had been tabled for five years. He wished to correct inaccuracies noted. He did not favor a parking lot in lieu of the Old High School. The report which emanated from the meetings indica~ed the area could serve as a hub. He concurred, and always favored a town square, surrounded by cultural buildings. With regard to public comments requesting the City tq "show us the money," the citizens of Boynton Beach had been taxed for seven years in order for a fire. station to be constructed. The City did not have the money, and the financial situation could worsen after January 29, 2008, if the proposed property amendments passed. He would favor saving the Old High School and making it into a cultural center if the funds could be provided. At issue was not merely the preservation of the Old High School, but redevelopment of the entire area. The City had a plan to redevelop the area for many years. Z Management had not been the only interested party. Other proposals had been presented to redevelop the entire area, including the relocation of City Hall. However, discussion this date pertained to the Old High School. If this was the direction in which the CRA would be proceeding, he believed all presentations should be heard and proposals sought. The study reflected the need to redevelop the entire area, whether the Old High School was renovated or a new cultural facility was built. Ms. Ross pointed out the preservation of the Old High School required time and money. However, she appreciated the need for a cultural center and a facility in which to house the Women's Circle and Community Caring Center. Vice Chair Rodriguez expressed disappointment as he believed presentations would be provided this date and a decision made in order to move forward. He hoped presentations could be made at the next meeting and a decision reached. He noted 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 $500,000 was included in the City's budget for the demolition of the property. This money could be utilized for restoration of the structure. The sum of $300,000 had been allocated for land acquisition. That money could be pulled out and put into this project. With regard to 211 East Ocean Avenue, $150,000 had been allocated for the purchase of a historic home, together with another $850,000 for renovations. The $850,000 could be pulled, for an approximately total of $1.5M. If the board agreed to save the building and the developers were serious about moving forward with the CRA, he would be open to a partnership. Attorney Doody advised, for purposes of clarifying the record and ensuring a clear understanding as to the opportunities afforded the board under Florida Law, presentations could not be made this date. He accepted full responsibility for any disappointment experienced in terms of the advice he provided to CRA staff. Chapter 163 required a proposal of this nature be pursued through a Request for Proposal (RFP). All that was provided were Letters of Interest which allowed the board to discuss the issue and pursue a course of action. If the board decided to issue an RFP, presentations could be made following receipt of the proposals. Mr. Hay would be agreeable to tabling the matter in order to determine whether viable options existed to secure funding. He was not in favor of pulling any monies from the Heart of Boynton (HOB) project. He would be willing to consider concepts brought back by Mr. Gonzalez, but would not be agreeable to spending $8M to save the Old High School. Mr. Weiland had always been a proponent of restoring the Old High School. He believed an aggressive campaign should be made to save the building and create a hub in the area. His position was to continue discussing the issue, secure proposals, and make a commitment to a public-private partnership to move this forward. Ms. Bright advised staff could draft an RFP for next month's agenda. Following publication, the timeline anticipated for receipt of the proposals would be four to six months. Vivian Brooks, Assistant Director, pointed out, staff would require further direction from the board in drafting an RFP. Chair Taylor pointed out the consideration was much broader than the Old High School, and encompassed development of the entire area, including the pOSSible relocation of City Hall and the Civic Center. As such, he wondered whether the CRA should be responsible for the RFP or whether the RFP should be generated by the City Commission. Attorney Doody noted it would be feasible for the City and CRA to enter into an Interlocal Agreement. The RFP could be done either through the City or CRA. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 Chair Taylor suggested CRA staff and City staff work jointly on an RFP, as City Hall and other facilities would likely be considered. The board discussed review of the Master Plan,which was necessary in order for a decision to be made. The Master Plan would be brought before the board at the next meeting. Ms. Brooks pointed out the Master Plan proposed moving City Hall to the Library block, moving the current public uses (Civic Center and Art Center) into the Old High School, building a private, taxable building and parking structure east of the Old High School, and a fully taxable block on the current City Hall site. This would require a three-phased project, and a Master Development Agreement could be entered into for all three phases. Motion Vice Chair Rodriguez moved to table any further decision on the high school and that the board talk about the Downtown Master Plan next month and move forward one way or the other, and encompass the Old High School into the Downtown Master Plan. Mr. Weiland seconded the motion. Ms. Bright advised staff would not have the final draft of the Master Plan until March 2008. (Vice Chair Rodriguez left the dais.) Mr. Weiland withdrew his second. Chair Taylor repeated the motion which he understood was to table this matter until the board reviewed the Downtown Master Plan which would be presented to the board in final form in March 2008. Mr. Hay seconded the motion. Attorney Doody advised there was no discussion on a motion to table. Vote Motion passed 4-0 (Chair Rodriguez was absent for the vote). Consenus The board agreed to a 10-minute recess. The meeting recessed at 8:36 p.m. and reconvened at 8:46 p.m. 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 B. Consideration of Revised Travel & Entertainment Policy Susan Harris, Finance Director, advised the item was brought before the board as it was the board's desire for staff to revise the existing policies in terms of travel and entertainment, as well as the credit card policy, for more defined controls. The methodology used to revise the policies was based on information from other CRAs, other cities and the City of Boynton Beach. (Mr. Weiland returned to the dais). The Travel and Entertainment Policy included well-defined definitions for Classes A, B and C. Also defined were: . Controls as to the source of the funds . Manner in which the money was to be spent . Accountability . Expense reimbursements for public officials (customized for the CRA, as their policy differs from the City's policy) Also included were greater controls on reimbursement and a defined Class C policy. Their credit card policy was similar to the City's policy. The difference was the elimination of various layers of approval as the City had 1,000 employees while the CRA had only ten employees. The steps for reviewing disputes were condensed. The credit card limits differed as well. Staff requested direction from the board. If approved, the policies would be incorporated into the CRA's administrative manual. Vice Chair Rodriguez wished to have the policies as comparable as possible to the policies of the City. Taxpayer dollars were used for the expenses, and accountability was essential. He believed the CRA policy was more liberal than that of the City. He noted the meal rates allowed in the CRA policy were $12 for breakfast, $15 for lunch and $30 for dinner. The City's per diem allowances were $8 for breakfast, $12 for lunch and $20 for dinner. He recommended the CRA adopt the City's meal rates. Kurt Bressner, City Manager, indicated the City policy for travel reimbursement was adopted pursuant to Ordinance 03-049 in 2003. At that time, the per diem allowances for staff were $8 for breakfast, $12 for lunch and $20 for dinner. The total for a 24- hour period was not to exceed $40. The ordinance defined "officer" or "public officer" as a member of the City Commission. It was specified the expense allowance would be utilized to meet meal expenses. The policy adopted by the City governed City staff. The policy discussed governed CRA staff. 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 The board discussed non-reimbursable expenses in the public sector and requirements with respect thereto. Chair Taylor indicated he had no objection to the policy, provided it was not abused, the expenses were documented properly, and the purpose for the expenditure was clear. Motion Mr. Hay moved to accept the policies. Ms. Ross seconded the motion that passed 4-1 (Vice Chair Rodriguez dissenting). c. Consideration of Residential Improvement Program Options Ms. Brooks provided a brief PowerPoint presentation regarding the homes currently slated for improvement. They included: . Mrs. Jones (water intrusion) . Mrs. Sullivan (house painting and minor interior work) . Mr. Aikens (water intrusion into interior of home, causing mold issues) . Mrs. Mitchell (roof issues) . The Shaws (doors and exterior hardening of the house) . Mrs. Jerry (minor issues) . Mrs. Darrisaw Staff prepared eight options for the board's consideration. Ms. Brooks read the options as noted in the backup material. With regard to option 7 amending the program to include the use of a forgivable five-year lien in the amount of the grant, only one of the seven grant recipients currently approved would have applied for or accepted the grant funds under this revision. Chair Taylor noted every year, one-fifth of the loan would be forgivable, and at the end of the fifth year, the recipient would not owe any monies and, therefore, he could not understand why that would present a problem to anyone. Gertrude Sullivan, 201 NE 6th Street, referred to one of the recipients and his need for funding. Willie Aikins, 726 NE 1st Street, commented, the problem was not with the forgiveness of the loans. The recipients did not want the loans because they would have an adverse affect on credit and refinancing. Mr. Bressner advised the imposition of the lien was a City policy needed to protect the assets of the City. With regard to refinancing, the amount being refinanced had to reflect the amount outstanding on the loan. He was uncertain whether the City's Legal 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 Department could produce a letter or instrument which would allow the refinancing to go forward. This would eliminate the impediment referred to by Mr. Aiken. He would check with the City Attorney to determine whether such an instrument could be prepared as an affirmative resolution of this issue. He believed folding the program into the City's program would be beneficial and save the CRA administrative costs. He would explore these options with the City Attorney's office. Mr. Doody indicated he would confer with Attorney Tolces as to the possible subordination of the City's lien. The board discussed the options presented. Motion Vice Chair Rodriguez moved to accept recommendation #2, which is to amend the present work orders to remove the items identified by the board, which are the washer/ dryer items that were excessive (this was for the seven applicants that were originally on this package). Moving forward, any new applications were only going to be for support of option #5, which is to amend the guidelines to only address roofs, hurricane shutters, exterior painting, irrigation, landscape and exterior doors. Attorney Doody requested Vice Chair Rodriguez divide the above motion into two motions for clarity, so that item #2 would apply only to the seven applicants presently before the board. Motion Vice Chair Rodriguez moved that the board move forward with the seven applicants in front of the board, with option 2. Mr. Hay seconded the motion that passed unanimously. Motion Vice Chair Rodriguez moved to amend the guidelines of this program for future applicants to include option 5, which is basically the exterior portion of the home, and would include roofs, hurricane shutters, exterior painting, irrigation, landscape and doors. Mr. Weiland seconded the motion. Attorney Doody noted, for purposes of clarification, the option was to include exterior doors. Vice Chair Rodriguez and Mr. Weiland agreed. Vote The motion passed 4-1 (Mr. Hay dissenting). 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 Chair Taylor noted none of the options included the lien. D. Consideration of Work Order #1.2 for 211 East Ocean Avenue Construction Documents Ms. Brooks advised, at the last board meeting, the board approved the second option, a 1,000 square foot addition to the structure. The board was provided with the work order under the continuing contract with REG to create the construction drawings, site plans and to apply to the State for the Florida Historic Grant. A preliminary review had been submitted for the structure. Motion Mr. Weiland moved to approve Item D. Mr. Hay seconded the motion. Vice Chair Rodriguez noted he was not originally supportive of this project. However, last month, he did vote for the renovations. In hindsight, he believed he probably should not have. He wished to make it clear for the record, he did not support spending another $850,000 to renovate a building for which the CRA spent $150,000. The building was purchased only last year, but it appeared every month the board was moving forward on renovations. Vote The motion passed 4-1 (Vice Chair Rodriguez dissenting). E. Consideration of Ocean Avenue Pressure Cleaning Options Motion Mr. Weiland moved to approve Item E. Mr. Hay seconded the motion. Chair Taylor and Vice Chair Rodriguez inquired as to what the board was being asked to recommend. Mike Simon, Development Manager, noted the board requested information be gathered on the manner in which Delray Beach dealt with the sidewalk cleaning of their city as it related to Atlantic Avenue sidewalk cafes. Ms. Brooks recommended the City Commission consider amending its sidewalk cafe ordinance to include mandatory cleaning of the publiC easement on a quarterly basis. If 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 this was not accomplished, the City could take over this task and charge the establishment for the cost incurred, or place a lien on the property. Chair Taylor was of the opinion that nothing should be done at the CRA level, but rather to allow Code to follow up when the sidewalks required cleaning. Mr. Bressner supported Ms. Brooks' suggestion for the Code to be amended to include proscribed standards which could be enforced and circulated to the business community and Chamber of Commerce. This would obviate the necessity of having to deal with situations on a case-by-case basis without standards. If outdoor dining was going to be encouraged, he believed maintenance responsibilities should be borne by the businesses benefiting from the use of the sidewalks. By having an ordinance in place, standards would be established to ensure the businesses upheld their responsibilities. Motion Vice Chair Rodriguez moved that the board send this back to the City of Boynton Beach to look at their Code, as it addressed issues of sidewalk cleanup and maintenance. Mr. Hay seconded the motion that passed unanimously. x. New Business: A. Consideration of Amending the Direct Incentive Funding Agreement (DIFA) with Cornerstone to Allow for 140% of AMI Qualified Buyers Ms. Brooks advised the item was brought before the board at the request of the Cornerstone Group, d/b/a Boynton Village, LLC, developer of the Preserve. They currently have a Direct Incentive Funding Agreement in place with the CRA. The direct incentive was to create, in exchange for TIF (Tax Increment Financing) funds, 50 affordable units in the 180 unit development. They applied for the Community Workforce Housing Innovation Program (CWHIP) funds for affordable housing through the Florida Housing Finance Corporation. Cornerstone was awarded funds from CWHIP in the amount of $5M. However, the CWHIP program allowed up to 140% of median household incomes and the DIFA allowed up to 120%. In order to meet the requirement of the DIFA, Cornerstone requested an amendment to the DIFA to allow incomes up to 140% of the median household. Ms. Brooks noted projects of this nature always required multi-layer financing. 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8,2008 Motion Mr. Weiland moved to approve Item A. Mr. Hay seconded the motion that passed unanimously. B. Consideration of Executive Director Severance Authority Ms. Harris advised this was a future agenda item brought forward to the board. She had polled other CRAs on this issue, and the City Manager provided input as well, which was included in the board packet. Staff sought direction from the board on this item. Chair Taylor noted the information provided was far more than anticipated. The documentation provided appeared to be some type of Union contract. The only information sought was whether severance would or would not be provided to CRA employees. Chair Taylor believed the Executive Director had the right to hire and fire people. He would support authorizing the Executive Director to either provide no severance, or provide severance not to exceed 90 days. Vice Chair Rodriquez believed guidelines should be established to determine the length of service required before severance was provided; in particular, whether a probationary period would have to be satisfied prior to the provision of severance. Motion Vice Chair Rodriguez moved that the board amend the severance package opportunities for employees of the CRA, and that there will be no employees eligible for a severance package unless they had at least six months of employment. After that, they are eligible for 90 days of severance at the Executive Director's discretion. Mr. Weiland seconded the motion that passed unanimously. XI. Comments by Staff Ashley Buckley, Administrative Services Manager, distributed the itinerary for the CRA Training Workshop to be held Friday, January 11 through January 12, 2008 at the Riverside Hotel. Discussion ensued as to attendance by the members. Information previously provided to the board was compiled into a binder and made available to the board. Ms. Brooks noted the Housing Leadership Council would be hosting a breakfast on January 30, 2008, from 8:00 a.m. to 10:30 a.m. in West Palm Beach. Boynton Beach would be recognized as one of the top two cities providing affordable housing. She urged the board to attend. Staff would be furnishing complete information. 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 Kathy Biscuiti, Special Events Manager, distributed a flyer relating to the Oceanfront Concerts. The January 18, 2008 event will feature Phil Mann and will be sponsored by Ruden McClosky. With regard to the Heritage Celebration, activities will be held at the Hester Center the weekend of February 15, 16 and 17, 2008. Basketball tournaments would take place all three days, and continuous entertainment would be provided on February 16th from 10:00 a.m. through 8:00 p.m. Ms. Biscuiti and Mary DeGraffenreidt had been working with the office of Maria Sachs, and had lined up two entertainers. They were Surreal, a high school rock band, and Bang, a rapper. All the entertainment was uplifting and clean. Stacey Robinson, Program Coordinator for the Youth Violence Prevention Program, will be setting up a booth at the event. The Auburn Group will present a free concert downtown on February 23, 2008, featuring the Commodores. A private party area will be set up for City officials and limited guests. Staff will be contacting the board members to obtain their guest lists. Admittance will be strictly enforced in order to avoid crowd control issues and prevent uninvited guests from attending. XII. Comments by Executive Director Ms. Bright noted CRA staff met with the Auburn Group on December 20, 2008 regarding the MLK Phase 1 Development Agreement. Staff received a draft of the agreement this date and would be e-mailing numbers to the board. XIII. Comments by CRA Board Attorney Attorney Doody provided an update on the status of Ocean Breeze. Attorney Doody conversed with Mr. McDonough last week. Initially, two contracts were received from the developer that raised issues as to the division of the project into two separate contracts. Attorney Doody provided comments and revisions to the developer and is awaiting a response thereto in order to move forward. XIV. Comments by CRA board Chair Taylor requested CRA staff bring back to the board next month, the feasibility of purchasing the City's properties in the MLK area. This would likely provide the City with revenue and provide the CRA with ownership of all parcels. Attorney Doody, inquired whether the purchase price would be determined by appraisals. Ms. Bright advised staff had outstanding appraisals but would work with Mr. Bressner and the Development Department to come up with a price. Mr. Bressner believed staff would want to obtain new appraisals inasmuch as the market was in a downturn. 21 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 Vice Chair Rodriguez wondered whether CRA staff could provide the agenda packet to the board on Wednesday or Thursday, rather than Friday. Ms. Bright advised she would look into this and respond bye-mail. xv. Adjournment There being no further business to discuss, the meeting properly adjourned at 9:49 p.m. ~ St;~ ~ J- Stephanie D. Kahn Recording Secretary 010808 22