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Minutes 05-13-08 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEETING HELD ON TUESDAY, MAY 13,2008, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Woodrow Hay Marlene Ross Ron Weiland Lisa Bright, Executive Director James Cherof, Board Attorney I. Call to Order - Chairman Jerry Taylor Chair Taylor called the meeting to order at 6:31 p.m. II. Pledge to the Flag and Invocation Mr. Hay gave the invocation and led the Pledge of Allegiance to the Flag. III. Roll Call The Deputy City Clerk called the roll and declared a quorum was present. IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda None. B. Adoption of Agenda Motion Ms. Ross moved to adopt the agenda as presented. Mr. Hay seconded the motion. The motion passed unanimously. V. Announcements & Awards: A. Oceanfront Concert by M-pac, May 16, 2008 from 6-9 P.M. at Oceanfront Park 1 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2008 Kathy Biscuiti, Special Events Manager, announced the last concert of the Oceanfront Concert series to be held on May 16, 2008 from 6-9 P.M. at Oceanfront Park featuring M-Pac She invited everyone to attend. Ms. Biscuiti also presented a proposed schedule of concerts for the next year and a preview of the fireworks on the 4th of July display by Grucci. Chair Taylor emphasized the concert was free and a great evening out on the beach. VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting - March 25, 2008 B. Approval of Minutes - CRA Board Special Meeting - April 1, 2008 C. Approval of Minutes - CRA Board Meeting - April 8, 2008 D. Approval of the Period Ended April 30, 2008 Financial Report E. Approval of a Commercial Fa~ade Improvement Grant to Scully's Restaurant. Chair Taylor pulled Item VLG. for discussion. F. Approval of Funding $50,000 from the Homebuyers Assistance Program to Brian and Stephanie McCluney G. Approval of Holiday Extravaganza Parade Route Chair Taylor pulled Item VLE. for discussion. H. CRA Policing District Stats for the Months of March and April 2008 (Info. Only) I. Boynton Beach Arts Commission Meeting Minutes - April 22, 2008 (Info. Only) J. INCA Meeting Minutes - February 11, 2008 (Info Only) K. Boynton Beach CRA and Trolley Website Updates (Info. Only) 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2008 Motion Mr. Hay moved to approve the consent agenda items with the exception of those pulled for discussion. Ms. Ross seconded the motion. The motion passed unanimously. VII. Pulled Consent Agenda Items: E. Approval of a Commercial Fa~ade Improvement Grant to Scully's Restaurant. Chair Taylor inquired if parking lots had been included in other fa~ade improvement grants. Vivian Brooks, Assistant Director of the CRA, advised the funding had been approved for other parking lots because they do get old and tired looking. Motion Mr. Weiland moved to approve Item VI.E. Mr. Hay seconded the motion. The motion passed unanimously. G. Approval of Holiday Extravaganza Parade Route Chair Taylor contended there were some logistical problems with the route used the previous year and suggested the prior route offered more opportunities for viewing the parade. He requested the decision on the final route of the parade be deferred until alternatives could be considered. Ms. Biscuiti noted the large area needed for the initial lineup represented a challenge. She also stressed the Police Department had to obtain approval from the Florida Department of Transportation. There was discussion on other POSSible routes and areas for assembly. Motion Mr. Weiland moved to table Item VI.G. to the next meeting for further consideration. The motion passed unanimously. VIII. Public Comments: (Note: comments are limited to 3 minutes in duration) Mark Karageorge, 240A Main Boulevard, congratulated Ms. Ross and Ms. Bright for being nominated for their leadership role in Palm Beach County as Women of Distinction, by the Executive Women of the Palm Beaches. He commended them on their accomplishment of being recognized so early in their careers. Mr. Karageorge 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2008 also inquired regarding the part time position that had been suggested. Chair Taylor responded any staffing changes would be discussed during the budget process. Herb Suss, 1711 Woodfern Drive, requested a report on the conference held in St. Louis, Missouri. Chair Taylor indicated four of the five members of the board had attended the event and a report had been given at the previous meeting that would be made available to Mr. Suss. He also questioned the status of the campaign promises that had been made to expand the board to include two citizens. Chair Taylor inquired about the perceived need for additional representation on the board. Mr. Suss felt there was a conflict of interest with the Commission and urged seven independent individuals from across the City be appointed. The Chair pointed out the current board had two of its members who resided within the CRA area, and all the members were independent thinkers. Mr. Weiland reiterated his remarks from the previous meeting and went on to suggest that a change at this time in the composition of the board would be sending a negative message to the citizens, developers and staff. Progress was being made with a definitive direction and continuity of those efforts would be essential to success. Mr. Hay added a common vision and direction had been obtained and progress was being made. Timing of any change would be an issue that should not be addressed at this time. While both Mr. Weiland and Mr. Hay agreed an independent board was needed, now was not the time to make the change. No one else coming forward, Chair Taylor closed the public comments. IX. Public Hearing: Old Business: New Business: A. Consideration of Transferring CRA Owned Property Located at 219 NW 11 th Avenue to develop an affordable single-family home. Ms. Brooks reported a proposal had been received from Habitat for Humanities of South Palm Beach to build a single family home of 1,500 square feet including a one car garage and hurricane windows. It would be sold for under $100,000. Mike Campbell, Habitat for Humanities of South Palm Beach, advised the contract would include eighteen months for completion. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2008 Motion Vice Chair Rodriguez moved to approve Item IX.A. Mr. Hay seconded the motion. The motion passed unanimously. x. Old Business: A. Consideration of Purchasing City Properties within MLK Corridor Project Area. Ms. Bright requested direction whether the board wanted to proceed to negotiate for the purchase of City properties in the area or use the monies designated for those purchases for other properties not in the MLK project area. Chair Taylor preferred that the monies be utilized to purchase the Platinum Gold business. He also noted the two appraisals on the MLK properties that had been done were fairly close and the monies from the sale would increase the revenue stream for the City. Mr. Weiland agreed, but pointed out the Auburn Group had not received anticipated funding and another year or two would be needed to re-apply for the necessary funding. The properties involved would remain available for sale. The purchase of the Platinum Gold Girls Club and license was important to rid the City of an unwanted business. Mr. Hay noted two of the properties were not able to be developed individually and it did present an opportunity to save $10.3M Ms. Brooks concurred two of the properties were not contiguous; however, the purchases were an attempt to assemble a larger tract of land and seek a unity of title. Motion Vice Chair Rodriguez moved to move the purchase forward to the 2009 budget cycle. Mr. Weiland seconded the motion. The motion passed unanimously. B. Continuing Services Contracts. Ms. Bright explained the service contracts could be renewed without approval, unless the board desired to make changes. The item had been on the agenda the previous month. Vice Chair Rodriguez recalled problems with exorbitant pricing on improvements and contended other contractors should be added to the list for competition. Chair Taylor cautioned if the process were initiated to allow other contractors, the entire program would be delayed. Mr. Weiland suggested more vendors be solicited to apply. Mr. Hay 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2008 offered the project should be continued as is and perhaps add one or two more vendors to the list. If there was a problem with one contractor, the others contractors and the entire project should not suffer. It was reported there were three general contractors on the list and three professional services that were used on a rotating basis. Ms. Bright added ten homeowners had each received $20,000 for improvements. Vice Chair Rodriguez stressed he did not want to delay the program. He was concerned with the absence of competition. Ms. Bright indicated there were eleven general contractors that competed for the general contractor listings. Mr. Weiland suggested the money be given to the homeowner and the homeowner be allowed to choose their own contractor to relieve the City of any liability. Mr. Hay noted the families in the program were low income families and would not have the knowledge or expertise to make an appropriate selection of contractors. After further discussion on the alternatives, the following motion was made. Motion Vice Chair Rodriguez moved to allow one additional vendor for these specific services that were provided and allow them to compete for business and submit bids. Mr. Weiland seconded the motion. The motion passed 3-2 (Chair Taylor and Mrs. Hay dissenting.) C. Consideration of Revised Contract for the Purchase of Property Located at 114 NE 5th Avenue. Ms. Brooks informed the board the appraisal was lower than the purchase price for the single-family home in an okay condition. The sellers, Mr. and Mrs. Burke, agreed to $187,500, 9% above the appraisal. The property is part of an assembly of 3.2 acres. Staff recommended approval of the purchase for $187,500. Motion Mr. Hay moved to approve Item X.c. Mr. Weiland seconded the motion. The motion passed unanimously. XI. New Business: A. Consideration of Police Athletic League's (PAL) Request of funding to send Boynton Beach Basketball Team to the National competition. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2008 Vice Chair Rodriguez raised the issue of whether the type of funding was allowed by the Charter of the CRA. Attorney Cherof advised the funds were included as a line item in the budget and staff should review if it is an approved activity. Officer Bill Tome, Director of PALS, reviewed the program and the success of the teams. It was suggested that Officer Tome investigate the possibility of using monies from drug forfeitures to assist in funding, as well as donations from the Commission individual discretionary funds. B. Consideration of Work Order #07-124.6700 with MSCW for Slip Engineering and Design for Boynton Harbor Marina. Ms. Brooks explained the work order covered additional work to improve the marina within the confines of the vision for design as a destination for the City. Numerous improvements were needed to the boat slips and marina area. Vice Chair Rodriguez mentioned an individual boat owner had been denied rental of a boat slip. Ms. Brooks advised there was a waiting list and preference was given to commercial boats to uphold the spirit of the grant monies awarded by the County bond issue to preserve the marine industry. Chair Taylor suggested an alternative may be to rent the slip on a monthly basis to private individuals if a commercial vessel had not applied. Vice Chair Rodriguez asked that staff investigate the issue and specific incident and report to the board at the next meeting. Attorney Cherof recommended three pOints on the contract required modification as public policy. First, the hourly rates should be consistent for expert testimony and depositions rather than an increase in the hourly rate. Second, the provision for an hourly rate and time and a half rate be stricken because the CRA would have no control over the hours being worked. Third, the reservation to increase the hourly rate after September 30, 2008 should be eliminated. Motion Mr. Weiland moved to incorporate Attorney Cherof's three pOints and approve Item XI.B. striking the first two items on the category list and the last two sentences on exhibit 1. Ms. Ross seconded the motion. The motion passed unanimously. C. Consideration of Work Order #07013.1 with Hedrick Brothers for Value Engineering Services Relating to the Design of 211 East Ocean Avenue. Ms. Brooks reviewed the progress being made on the planning phase and actual construction documents. The request was made to add value engineering to the work 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2008 and save money in the long run with the most cost effective design. Vice Chair Rodriguez expressed his concern that the costs associated with the project were out of proportion, as was the price paid for the original structure. He asserted an accurate total cost should have been presented to the board before the property was acquired. Mr. Weiland concurred the cost had escalated. Chair Taylor added value engineering did save money overall. Ms. Brooks emphasized the need for value engineering services were not apparent until the design and constructions documents were being prepared. Motion Mr. Hay moved for approval of Item XI.c. Ms. Ross seconded the motion. The motion passed 4-1. (Vice Chair Rodriguez dissenting) D. Consideration of Issuing an RFQ to Conduct a Feasibility and Economic Benefit Analysis for various sites for a new City Hall and the design of an incentive package to attract office tenants to downtown. This issue arose as part of the Downtown Master Plan to create a RFP/RFQ for a town square site of 18 acres and whether the mere location of the current City Hall could provide additional economic benefit. Staff was not recommending a specific new site for City Hall. The analysis would assess all the information on the various sites so the board could make an informed, conscientious decision. Mr. Weiland questioned if a workShop to discuss various options to provide incentive packages and different sites would be advisable rather than contracting the work and analysis. Mr. Hay felt a professional analysis with independent considerations should be given. Ms. Bright announced at least four individuals had come forward and were very anxious for their sites to be considered. Quintus Greene, Director of Development, reminded the board a needs assessment had revealed the current City Hall did not proVide enough square footage for future needs and had many structural problems including the inability to withstand a strong hurricane. However, the location was a prime commercial corner. Mr. Greene offered, in his opinion, it only made sense to do a market study for the best location to make an informed decision. Herb Suss, 1711 Woodfern Drive, opined the current City Hall had outlived its purpose and the time was right to consider moving the location of City Hall. 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2008 Mark Karageorge, 240A Main Boulevard, suggested the matter be returned to the ERA to keep the Downtown Master Plan moving forward and serious consideration be given to moving City Hall to other City owned properties. Ms. Bright stressed the item was brought before the board with a specific time line of four to six months to complete the analysis and return the information to the board. Motion Mr. Weiland moved to approve Item XI.D. Vice Chair Rodriguez seconded the motion. Mr. Hay suggested specific time limits be included in the scope of work. Attorney Cherof advised the timeframe could be negotiated with an aggressive schedule. Vice Chair Rodriguez mentioned the RFQ was for the entire downtown as a whole and City Hall was a major piece that needed to be included to obtain accurate responses. The motion passed unanimously. E. Considcr-otion of Providing Finunciul Assistuncc to thc Dcvclopcrs of Gulfstrcum ~1ull Sitc to Purchusc Plutinum Cold. E. Consideration of purchasing the adult cabaret license and liquor license of Platinum Gold. Ms. Bright outlined the status of the negotiations to date and that the CRA did have the money to buy the cabaret license and liquor license for $l.3M with a covenant that those types of uses no longer are permitted for the location. The developer, 3600 Holdings, would buy the land and additional contract for $1.2M. Independent appraisals for the land and license were obtained. The liquor license itself had a value of approximately $250,000. Mr. Weiland supported ridding the City of the business. His concern was that the City had no guarantee the development of the shopping center would go forward. Chair Taylor was in favor of the purchase and emphasized it was a one time deal that would benefit the entire community. Vice Chair Rodriguez felt it was important to secure the corner and make it healthy for whatever future development may happen. Motion Vice Chair Rodriguez moved to approve Item XI.E. Mr. Hay seconded the motion. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2008 Attorney Cherof suggested the motion to approve be based on legal review to protect the CRA interests. Any substantial change could be brought back before the Commission. The motion passed unanimously. XII. Future Agenda Items None. XIII. Comments by Staff Ms. Brooks commented the CRA did not meet the innovation scores to qualify for CWHIP funding and were working with the CRA's lobbyist to find out why the land was not considered. Jim Dial, American Reality Development, gave an update that the CWHIP application had been filed including a partnership with non profit groups. The State selected 12 for funding and four on a waiting list, out of the 49 applications. An appeal of the score was planned, but it would be a subjective process and difficult. In the meantime, other programs may provide more funding such as the HOP (Home Ownership Pool) program. Significant site plan work and rezoning had to be done on the fee simple townhomes and was almost complete. A product should still be available the first part of 2009. Mr. Weiland asked if the financing changed, would the scope of the project change and Mr. Dial replied it would not. XIV. Comments by Executive Director None. xv. Comments by CRA Board Attorney None. XVI. Comments by CRA Board None. 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida May 13, 2008 XVII. Adjournment There being no further business to come before the board, Chair Taylor adjourned the meeting at 8:38 p.m. Judith A. Pyle Deputy City Clerk 11