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:
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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