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Minutes 03-25-08 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD HELD ON TUESDAY, MARCH 25, 2008, AT 6:30 P.M., AT THE INTRACOASTAL PARK CLUBHOUSE, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Woodrow Hay Marlene Ross Ron Weiland Lisa Bright, Executive Director I. Call to Order Chair Taylor called the meeting to order at 6:32 p.m. II. Pledge of Allegiance to the Flag and Invocation The invocation was given by Mr. Hay, followed by the Pledge of Allegiance to the Flag. III. Roll Call The Recording Secretary called the roll. A quorum was present. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda There were no additions, deletions or corrections. B. Adoption of Agenda Motion Mr. Hay moved approval. The motion was duly seconded and passed unanimously. V. Announcements and Awards None. Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 VI. Consent Agenda A. Approval of the Minutes - CRA Board Meeting - February 12, 2008 B. Approval of the Minutes - CRA Board Special Meeting - January 24, 2008 C. Approval of the Period-Ended February 29, 2008 Financial Report D. Approval of Funding $50,000 from the Homebuyers Assistance Program to Bruce Warzoha E. Approval of Funding $50,000 from the Homebuyers Assistance Program to Stephen Wright and Nyasha Nedd F. Approval of Funding $50,000 from the Homebuyers Assistance Program to Brad and Sonya Shaw G. CRA Project Status Update (Information Only) (Pulled by Vice Chair Rodriguez) H. Wi-Fi Contract Update (Information Only) I. INCA Meeting Minutes - January 14, 2008 (Information Only) J. Art in Public Places Master Planning Workshop Minutes - January 26, 2008 (Information Only) K. Boynton Beach CRA and Trolley Website Updates (Information Only) L. CRA Policing District Stats for the Months of January and February 2008 (Information Only) (Pulled by Mr. Hay) M. Boynton Beach Arts Commission Meeting Minutes - February 26, 2008 (Information Only) Motion Mr. Hay moved to approve the Consent Agenda, with the exception of the items pulled. The motion was duly seconded and passed unanimously. VII. Pulled Consent Agenda Items: 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 G. CRA Project Status Update (Information Only) (Pulled by Vice Chair Rodriguez) Vice Chair Rodriguez requested an update on the Gulfstream Mall. Lisa Bright, Executive Director, advised the owner of the property was unaware of what he would be building in the current real estate market. Pursuant to the recommendation of Vice Chair Rodriguez, Ms. Bright would ensure a column entitled "Target Date" would be added for CRA projects for the month of June 2008. L. CRA Policing District Stats for the Months of January and February 2008 (Information Only) (Pulled by Mr. Hay) Mr. Hay inquired as to the manner in which the crimes and arrest statistics were calculated. Ms. Bright advised the statistics were prepared by Lt. Harris' staff. She offered to provide the information at next month's meeting or by email.Mr. Hay noted email would be sufficient. VIII. Public Comments Mark Karageorge, 240A Main Boulevard, wondered whether the recommendations of the American Assembly Subcommittee, relating to the Economic Development Director's position, could be considered by the CRA board at the April 2008 meeting. Chair Taylor indicated this item would go before the City Commission for a decision, possibly in April. Peggy Miller, SunTrust Mortgage, thanked the board for making homeownership through the Homebuyers Assistance Program possible for her clients. No one else having come forward, Chair Taylor closed the public comments. IX. Public Hearing: Old Business: None New Business: A. Consideration of Disposing of CRA Owned Property Vivian Brooks, Assistant Director, advised the CRA had been actively pursuing single- family lots within the CRA district with the intent of developing them for affordable housing. To date, three properties were in the offing, one completed, one partially 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 completed and the third geared up for redevelopment. The board previously approved the acquisition of property located at 219 SE 11th Avenue in order to construct an affordable single-family home. It would be necessary to provide notice to the public for the disposal of the property in order for it to be redeveloped. The notice would be placed in the Palm Beach Post. Staff recommended approval of the issuance of the public notice. Motion Vice Chair Rodriguez moved approval. The motion was duly seconded and passed unanimously. x. Old Business: A. Brownfield Presentation by Greg Veday of Treasure Coast Regional Planning Council Chair Taylor noted the board previously recommended moving forward with designating the CRA as a Brownfield. Subsequent thereto, the board requested reconsideration. Chair Taylor advised public comments would be entertained following the presentation. Greg Veday, Economic Development Coordinator for Treasure Coast Regional Planning Council (TCRPC), provided an overview of the Brownfields Redevelopment Program, which included program benefits and successful projects. A Brownfield site denoted the expansion, redevelopment or reuse of real property, which could be complicated by actual or perceived environmental contamination. A Brownfield area represented a contiguous area of one or more Brownfield sites, some of which may not be contaminated, and which had been designated by a local government by resolution. A Brownfield was a redevelopment tool that resulted in economic development, community development, new job creation opportunities, and open space and green space projects. Brownfields also reduced the need to develop Greenfields, utilized existing infrastructure and reduced health and safety concerns. Florida's Brownfield program commenced with the designation of a Brownfield area and identification of responsible parties. A cleanup agreement would be required and the cleanup of the contamination site would be implemented. Thereafter, a No Further Action (NFA) Letter would be issued by the Department of Environmental Protection (DEP). A local government would be required to consider whether the Brownfield area warranted economic development, was reasonably focused, had potential interest to the private sector and was suitable for recreation or preservation. Mr. Veday discussed the Brownfield area designation process for local government. Other municipalities designating districts as Brownfields included Lake Worth and Fort Pierce. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 Benefits resulting from Brownfield designations included economic incentives, loan guarantees, rehabilitation agreements, regulatory framework for cleanup, a dedicated staff and liability protection. Economic incentives included a bonus refund for the creation of jobs, a loan guarantee program and a sales or use tax exemption on building materials. Available tax credits included Florida Corporate Tax Income, which could be transferred once and was capped annually at $2M. Other tax credit types were provided for site rehabilitation, No Further Action, affordable housing and solid waste. The Treasure Coast Brownfield Program incentives included environmental site assessment grants and a revolving loan fund for Cleanup in the amounts of $50,000- $100,000 for subgrants, and more than $100,000 for low-interest loans. TCRPC had been working with the Village of North Palm Beach to create a waterfront park. Other successful projects included underground storage tank removal at the former Fina Gas Station in Belle Glade and workforce housing in Malibu Bay. Mr. Veday noted a developer could secure a Brownfield designation. However, the designation would be easier to secure through local government. The CRA board would determine whether the property was contaminated. Mr. Veday noted the bulk of TCRPC's experience had been with commercial and industrial areas, and they had frequently worked with CRAs. Discussion ensued with regard to residential areas, and Mr. Veday suggested that unless there were specific concerns of property owners, residential areas should not be exempted from being designated a Brownfield. Mr. Veday noted "perceived" was the operative word in determining environmental contamination. Developers would not simply perceive that an area was contaminated. A developer would have to have a vested interest. The board could establish special designations tonight and if any areas were omitted, they could be addressed at another time. Discussion ensued as to studies made with respect to the impact on property in close proximity to Brownfield areas. Mr. Veday indicated studies had been conducted to assess properties to be redeveloped. The Environmental Protection Agency (EPA) could assist in the cost of the study through a grant. Mr. Veday noted he resided in Jensen Beach and while the CRA district in which he resided was not a Brownfield, there were Brownfield areas in the CRA district. Mr. Veday noted more and more CRAs were designating Brownfield areas, as they provided redevelopment tools and incentives. The Florida Brownfields Association was a robust State agency assisting in promoting Brownfields, and Florida was one of the leading states in the promotion of Brownfields. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 The board discussed designating the MLK area as a Brownfield. There currently were 75 property owners in the MLK area. Notice requirements were discussed. Attorney Doody pointed out a legal notice would have to be published and a public hearing held. However, notice was not required to be mailed out to individuals. The same procedure would be followed for properties designated a Brownfield at a later date. Chair Taylor invited public comments. Warren Timm, 130 NE 26th Avenue, advised he had undergone a Brownfield cleanup in another state. He believed the concept of opting in was easier than opting out. He favored granting a developer or established business the opportunity to apply for a Brownfield site, but did not feel an ordinary individual owning a residence or a small business should be subjected to the process of cleaning up their land. Nancy Chandler, 914 NE ih Street, noted she resided in the CRA district. She pointed out that comments made this date exposing Brownfields in a positive light pertained chiefly to main corridors, rather than residential neighborhoods. She believed the designation was beneficial in certain instances, as it compelled the cleanup of gas stations and residential properties. She believed if neighborhoods were designated Brownfields, the designation would remain forever. If the government indicated all Brownfields could be taken by eminent domain, and the designation passed for the good of the public, this would be understandable. However, neighborhoods that were not contaminated would be included as well. She expressed her concern regarding the stigma attached to Brownfields. She believed a land development rewrite and visioning session were necessary, and felt neighborhoods should be excluded from the process. Lulu DeCamera, 836 East Drive, noted she had resided in the CRA district for 37 years. She wondered if the incentives were derived from public tax dollars. She inquired whether a legal description for the Brownfields could be produced that would exclude residential areas. She believed Brownfields pertained to commercial and industrial areas and that residential areas should be excluded from the process. Victor Norfus, 261 N. Palm Drive, noted his reservations regarding Brownfields. He had previously worked for the EPA, and contended automotive and industrial waste sites were generally designated as Brownfields. He did not believe proper research was conducted regarding contamination. He felt opting in was preferable to opting out, and believed the designation should not be made on a broad basis. He believed long-term effects should be considered when an area was being developed. When implemented on a broad scale, the process would result in blight on a particular area. He believed the board should be more focused on the type of Brownfield that would be developed and the duration of the designation. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 Buck Buchanan, 807 Ocean Inlet Drive, contended a Brownfield did not necessarily infer that a property was contaminated. The perception of a Brownfield could be positive with regard to redevelopment in commercial areas. He felt residential properties should be excluded from the process. Valerie Pleasanton, 235 SW 13th Avenue, resident and representative of Ace Hardware on Boynton Beach Boulevard, was uncertain whether her property was contaminated. She neither wanted a Brownfield designation, nor to have her land taken. She desired to operate her business without any hassles by the CRA and did not wish to be placed at risk by having to test the land or by opting out. She contended there was no evidence adjacent properties were not affected and was concerned her property could be negatively impacted by a Brownfield designation. Dana Cook, 226 SE 2nd Avenue, favored the concept but not the label, which he believed inferred a negative connotation. He felt scientists were needed to determine contamination. Chair Taylor noted the program was designed to serve as a redevelopment tool. Developers could secure monetary assistance to clean up and redevelop the sites. It was not the intent of the board to include residential neighborhoods, as the focus was on redeveloping the corridors. An optometrist, whose business was located at 211 East Boynton Beach Boulevard, noted his property had been contaminated for some time. He wished to purchase the building and was denied a loan by three lending institutions. He wondered whether the surrounding properties would be impacted negatively if he were to opt in. He wished to remain in Boynton Beach as a business owner. No one else came forward, and Chair Taylor closed the public comments. Vice Chair Rodriguez read into the record a letter from Jeff Lis, President of the Boynton Isles Neighborhood Association, requesting that, unless there were compelling benefits to the homeowners of Boynton Isles to be located within the boundary of a Brownfield designation, Boynton Isles should be removed from the Brownfield boundary established by the CRA designation. Mr. Lis was attending a Planning and Development Board meeting, and he requested the letter be read publicly. A copy of the letter is on file in the City Clerk's office. Attorney Doody noted the board had taken formal action at the last meeting recommending the City move forward with designating the CRA as a Brownfield. If the matter were going to be readdressed, a motion for reconsideration was necessary. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 Motion Vice Chair Rodriguez moved to reconsider the recommendation the board previously made so that other options could be discussed. Mr. Hay seconded the motion that passed unanimously. Highlights of the board's discussion included: · Redefining the recommendation sent by the board to the City Commission. · The program could prove beneficial if the right approach were taken. · Specific properties should be designated for the planning of the Brownfield designation. Other properties could be designated at a future date. · Exclude residential, but include commercial and industrial properties in the designation. · Keep an open mind with respect to residential properties, as there were numerous blighted properties in the CRA district. · Make a recommendation to the City Commission that they consider designating specific locations for a Brownfield designation. · Request CRA staff make a recommendation for those areas to be redeveloped in the future. The recommendations would then be sent back to the City Commission. (Ms. Bright noted this would take a couple of months to complete.) · The Heart of Boynton (HOB) should be done immediately. · The program could be implemented for 80% of the projects intended to be redeveloped. · Designate the CRA as a Brownfield, excluding residential, and allow those residents to opt in. · Implement the program for all commercial and industrial properties and exclude residential, with the exception of the projects on Sea crest Boulevard and MLK Boulevard. · Consult with specialists. 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 · Effectuate designations on a "piecemeal" basis, having a metes and bounds description prepared in order for boundaries to be defined. (Ms. Bright noted, if authorized, she would hire a consultant to prepare the metes and bounds descri ption. ) Motion Vice Chair Rodriguez moved to have the City designate all commercial and industrial property a Brownfield, exclusive of residential, excepting Seacrest Ocean Breeze and MLK, and, if necessary, adding other properties at a later date. Mr. Hay seconded the motion that passed 4-1 (Commissioner Ross dissenting). It was noted authorization for Ms. Bright to hire a consultant to prepare the legal description could not be provided until the City approved the matter. B. Consideration of Noise Ordinance (Vice Chair Rodriguez left the dais at 8:24 p.m.) Ms. Bright advised this item was being brought forward as a result of discussions during the Downtown Master Planning process regarding potential barriers to creating a vibrant downtown. One possible barrier was an outdated noise ordinance which prohibited music after 10:00 p.m. on a Friday night, the beginning of the weekend for most people. Staff recommended the City's Noise Ordinance be evaluated in order to improve and encourage a vibrant downtown. (Vice Chair Rodriguez returned to the dais at 8:26 p.m.) Chair Taylor recommended this item be forwarded to the City Commission for action. Motion Vice Chair Rodriguez moved approval to send this item to the City Commission for reconsideration. Ms. Ross seconded the motion that passed unanimously. Board members suggested a City-wide ordinance be considered pertaining to the enforcement of boom boxes. IX. New Business: A. Consideration of Community Meeting Grant Program 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 Ms. Bright noted staff was asked at the last meeting to bring this item back to define guidelines and develop an application process for a new grant program. The program would provide financial assistance to community groups and homeowners' associations (HOAs) in the CRA district to pay fees for the use of City facilities for meetings. Staff obtained a list of all available facilities, which also contained the fee classification and rental amounts. This information is set forth in the backup material, and a copy is on file in the City Clerk's office. The community group or HOA would be required to exist as an official entity within the State. The amount available to each entity was not to exceed $1,500 in a one-year period and covered the cost of rental, security deposit, staffing and janitorial fees. Costs to remedy damages to a City facility would not be reimbursed by the CRA and would be borne by the community group or HOA. The program would only be open to organizations or HOAs within the CRA district. Staff recommended approval of the Community Center Grant Program. Highlights of the board's discussion included: · Language should be included to require the entity was in good standing with the State of Florida. (Attorney Doody noted this was covered in the guidelines). · Suggestions were made for the CRA to fund the monthly meetings held by the Inlet Cove Association (INCA). · The CRA should piggyback on the City of Boynton Beach's policy. · Fees should be collected per meeting. · Benvenuto was not on the list. Motion Vice Chair Rodriguez moved approval. Mr. Hay seconded the motion that passed unanimously. The board recessed at 8:37 p.m. and reconvened at 8:45 p.m. B. Presentation by EDAW of draft Downtown Master Plan Ellen Heath, of EDAW, advised she was accompanied by Tom Lavash and Cesar Garcia. Ms. Heath proVided a project overview. The Plan would proceed in phases. Phase 1, Understanding the Community, set the groundwork for the Master Plan and would focus on gathering background information and data as well as identifying key 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 issues addressed in the Master Plan. Community outreach in this phase included community stakeholder interviews, a Steering Committee meeting and a Visioning Charrette. Phase 2, Vision and Scenario Development, focused on the vision of the community and would develop planning themes, needs and goals and a market economic analysis. Phase 3, Action Plan for the Vision, included the Master Plan and recommended implementation plan, which included a feasibility and funding needs assessment. A final public Open House was also held. An action plan for the vision would be implemented. Key themes from previous plans included establishing a downtown center, creating a unique identity or image, implementing urban design projects and supporting commercial revitalization. The visioning charrette focused on elements such as waterfront, public parking, gateways into the City, redevelopment of the Marina, Green building techniques, historic preservation, public art, and marketing and promoting the CRA. Workforce housing would be provided wherever possible. Efforts would be made to encourage economic development and job creation. Community policing would be promoted between local communities and their police departments. Tom Lavash, Economic Research Associations (ERA), provided a summary of economic benefits and Tax Increment Financing (TIF) analyses. The CRA participated in the acquisition of land for development, assisting ongoing developments and funding seed projects to revitalize the City. Economic benefits included 500-600 construction jobs, 1,200 permanent jobs, $3.5M in annual retail sales tax receipts, and $525M used to help finance TIF revenues. This resulted in new property tax revenues of $133M over a 15-year buildout phase. The key issue in their TIF analysis was to net out existing assessed values on priority sites. Additional spinoff impacts generated by "Big Moves" (action steps to implement the Master Plan) identified in the Plan were likely. New ad valorem taxes produced a potential TIF bonding capacity of $43M. Cesar Garcia, of EDAW, noted Big Moves focused on areas for redevelopment along Ocean Avenue, Federal Highway, Seacrest Boulevard, Boynton Beach Boulevard and Martin Luther King Boulevard (MLK). A Transit Oriented Development (TOD) district was envisioned along Federal Highway between Boynton Beach Boulevard and Ocean Avenue. These would provide transit-supportive densities and pedestrian-friendly amenities. Neighborhood commercial nodes were envisioned at the intersections of MLK, Sea crest and Federal Highway. The Big Moves were essential in creating a downtown core. The Plan identified approximately 100,000 square feet of office space, between 90,000-100,000 square feet of street-level retail space and approximately 900- 1,000 units of residential space. New development opportunities were envisioned at the intersection of Boynton Beach Boulevard and Ocean Avenue, including mixed-use buildings. Cultural and civic campuses would organize the existing uses in the area into aesthetically pleasing uses, including the relocation of City Hall to accommodate current future growth. A new City Hall would create a nexus of public activities and services. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 The relocation of City Hall could provide the opportunity to preserve the Old High School structure, and the old City Hall site would be offered up for redevelopment. Key points would support historic preservation, a campus environment with usable public space, approximately 22,000 square feet of office space and job creation. The cultural corridor along Ocean Avenue connected the cultural/civic campus to the TOD district. Live-work space lined the avenue in mixed-used buildings. New multifamily development was envisioned opposite offices and galleries. A new identity for Ocean Avenue was proposed from Seacrest Boulevard to the marina. The civic buildings near Seacrest and Ocean Avenue were envisioned as part of a new civic campus anchoring the west end of the new cultural corridor. The east end was anchored by a new pedestrian and retail hub which acted as the gateway to the TOD district. Mixed use redevelopment would fill in the "missing teeth" along Ocean Avenue, and a new identity would be shaped through streetscaping. The MLK and Seacrest activity node included a mix of uses and community services including limited retail, office, mini-police precinct and health-related services for the public as well as multifamily, single family and townhouse units. The Federal Highway node included space for a neighborhood market and a gateway to the Linear Park. The MLK Seacrest and Federal neighborhood centers would result in a strong residential identity for MLK, a Seacrest Neighborhood Center anchoring the west, and a Federal Highway and MLK gateway anchoring the east. Key points to MLK neighborhood center redevelopment sites included community amenities, proximity to retail areas and a proposed street linking the neighborhood to the canals. The development of the Federal Highway Linear Park would provide 100-125 live/work housing units and limited retail of approximately 45,000 square feet. It would allow existing viable businesses to remain, and would screen existing industrial buildings with Facade Grant incentives. The board thanked the ERA representatives for their fine presentation. XII. Future Agenda Items None. XIII. Comments by Staff Mr. Brooks announced the CRA would be hosting an open house relating to affordable housing in the HOB. A single-family house was built by Habitat for Humanity and would be available for a tour. The house is located at 537 NW 12th Avenue. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL March 25, 2008 XIV. Comments by Executive Director Ms. Bright announced the CRA would be holding a community meeting with the Auburn Group from 6:00 p.m. to 8:00 p.m. on March 26, 2008 at the Carolyn Sims Center, 225 N.W. 12th Avenue, in order to update residents on projects in the area. Other meetings would be held on April 8, 11 and 17, 2008. XV. Comments by CRA Board Attorney None. XVI. Comments by CRA Board Chair Taylor noted he had attended the beach concerts, and he felt they were wonderful events. However, he observed that when the band took breaks, attendees would leave. He suggested tapes be played as an inducement for the people to remain at the event. XVII. Adjournment There being no further business to discuss, the meeting properly adjourned at 9:32 p.m. Oc .". Stephani D. Kahn Recording Secretary 032508 040408 13