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Minutes 09-09-99 MINUTES OF THE COMMUNITY REDEVELOMENT AGENCY MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA THURSDAY, SEPTEMBER 9, 1999 AT 6:30 P.M. PRESENT: ALSO PRESENT: Gerald Broening, Mayor Jim Cherof, City Attorney Henderson Tillman, Vice Mayor Wilfred Hawkins, Interim City Manager Nellie Denahan, Commissioner Ron Weiland, Commissioner ABSENT William Sherman, Mayor Pro Tem I. CALL TO ORDER Mayor Broening called the meeting to order at 6:34 p.m. II. AGENDA APPROVAL Mayor Broening called for a motion to approve the agenda. Motion Commissioner Denahan moved to approve the Agenda. Motion seconded by Commissioner Weiland, which carried unanimously. III. PRESENTATIONS None IV. APPROVAL OF MINUTES – August 11, 1999 Motion: Commissioner Weiland moved to approve the minutes of the August 11, 1999 meeting. Motion seconded by Commissioner Denahan, which carried unanimously. V. PUBLIC AUDIENCE Larry Finkelstein asked for an update on the pond. Interim City Manager Hawkins said that the bids are being prepared. Mr. Finkelstein asked if there was a final design for the amenities and Mr. Hawkins said he hasn’t seen anything on the amenities. He told Mr. Finkelstein he would get back to him on this. MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1999 VI. UNFINISHED BUSINESS A. Update on Ocean Avenue Ms. Nancy Byrne, Acting Director of Development, took the podium to give a quick update. Ms. Byrne said a meeting was held this past Tuesday with staff and the consultant from Gee & Jensen. They are still between the 10% and 50% design phase. Ms. Byrne presented improved pictures of the lighting fixtures to the Board to view. Boynton Beach will be the first municipality to install these fixtures. Therefore, a substantial discount is being offered to the City. However, Ms. Byrne does not have a final figure as yet, but the retail cost of the lights is $1,500 each, plus $1,000 installation fee or $2,500 per light. Currently negotiations for a discount are taking place. Staff is trying to purchase one light to determine the type of light the lamp illuminates and see how it actually looks. Gee & Jensen is currently determining how many fixtures will be needed along the nd street. Once that is known, a final figure can be determined. On September 22, staff should have the 50% design, which will be circulated for comments. It looks like some of the utilities from Federal Highway to just below the railroad are in the center of the street. This may affect how the street would be closed. It is anticipated that FEC will be consulted next week with the designs on how the City would like the railroad crossing to look in order to gain their feedback. Commissioner Weiland asked when it might be known where the lines are located. Ms. Byrne said that utility drawings show them to be in the center of the street. Mr. Hawkins noted that the lighting is up on East Ocean Avenue along the bridge and stated the City is responsible for the maintenance of the lights. The City will be looking for a lighting maintenance contractor and this will be brought before the Commission in the next several months. Commissioner Denahan asked if another meeting is scheduled for the Ocean Avenue residents and business owners. Ms. Byrne said that another public meeting is not planned. Only business owners who have a particular issue will be brought back in to review the plans. This could be done at a project team meeting or at another CRA meeting. B. Adding two members to the CRA Board C. Discussion of criteria/qualification for additional CRA members 2 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1999 Mayor Broening said both these items could be taken together and noted this Commission, as did the previous Commission, agreed to add two civilian members to the CRA Board. Mayor Broeningsaid two criteria discussed for membership was real estate and financial qualifications someone with . Commissioner Denahan also architecture, banking, leadership, suggested other helpful qualifications would be redevelopment and engineering. Commissioner Denahan asked what the State guidelines were for membership to the CRA. Attorney Cherof read the applicable Statute: “Any person may be appointed as a Commissioner if he or she resides in or is engaged in business [ which means owning a ], practicing a profession or performing a service for business compensation, or serving as an officer or director of the corporation or other business entities so engaged within the operating area of the Agency.” “Agency” to mean the “City”. The Attorney General interprets Attorney Cherof said that according to the Attorney General’s interpretation a person does not have to reside within the CRA boundaries. Former Vice Mayor Shirley Jaskiewicz asked to address the Board. Former Vice Mayor Jaskiewicz was uncertain that the prior Commission made a commitment to add two members. She remembered that Henry Iler had suggested various options to expand the CRA and one was to add two members or an independent board could be introduced. Former Vice Mayor Jaskiewicz said there was no commitment made by the prior Commission and reminded the Board that there used to be an independent CRA Board up until 1990. Also, the City previously had two CRA Directors. Former Vice Mayor Jaskiewicz feels there is a great potential to increasing the revenue in that area and with additional funds, it might be the time to add new members or to hire an active CRA Director. She pointed out that first you must have the funds for this position and that the funds for the Ocean Avenue project were loaned to the CRA by the City. Currently, the CRA has no funds. Former Vice Mayor Jaskiewicz asked if the County has approved the expanded CRA area and Mr. Hawkins responded that it has. She asked when the additional funds would be forthcoming and Attorney Cherof stated now. The next time the calculations are done, the City should receive the funds, which should cover the increases within the expanded CRA area. 3 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1999 Mayor Broening agreed with former Vice Mayor Jaskiewicz’s assessment on the funding and agreed that a full time CRA Director cannot be hired until the funding is in place. After agreeing upon the characteristics of the civilian members, the Board needs to determine how to go about appointing them. Mayor Broening thought the same method of appointment for citizens to City Boards could be adopted. Commissioner Weiland suggested having potential applicants complete and submit Board Applications. Commissioner Denahan suggested contacting other neighboring cities to determine their process. Mr. Hawkins said that the City has already done some research. The only thing staff could determine that was in writing was for the Ft. Lauderdale CRA Board, which specified some professional background along the lines suggested tonight. A survey of various cities was done to determine exactly what the Boards were comprised of. Delray Beach contains six Board members that consists of a civil engineer, a realtor, an attorney, a commercial loan based securities broker, a retired business person who had owned a sign business and an owner of a flower shop. Delray has no specific written guidelines for its CRA members, except that the person must reside within the CRA area. In Hollywood and Boca Raton the City Commissions act as the CRA and they have no additional members. Lake Worth uses its City Commission with two additional appointed members with City residency. Commissioner Denahan inquired if the Board wished to proceed in this manner or did it want to put something in writing. Mayor Broening said that the criteria that the Board is seeking should suffice in its selection and did not see the need for any written document. Attorney Cherof pointed out that this would allow for maximum flexibility to find the right person for the position. Mayor Broening suggested moving ahead and look for people in the community who may wish to serve on the CRA. Mayor Broening also suggested that interested persons should submit a resume. Mr. Hawkins pointed out that the City’s Talent Bank forms are very generic and suggested that a resume be required, together with a Talent Bank Form. Commissioner Denahan asked about the Delray Beach requirement that the people live within the CRA and asked if that requirement supersedes State guidelines. Attorney Cherof stated that the Attorney General’s opinion issued in 1990 says it is improper for any municipality to set its own residency because the Statute addresses that. Commissioner Denahan asked if the Board wanted to decide when to begin accepting 4 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1999 resumes and what the timing is for adding the new Board members. Commissioner Denahan asked if the Commission would have to ratify the addition of new members. Attorney Cherof said the appointment of additional members to the CRA is a Commission function that would require an Ordinance. Mayor Broening was under the impression that this had been discussed previously and would be accomplished by the end of the calendar year. Commissioner Denahan said that in the minutes on Page 14 it stated that Mayor Broening discussed adding two citizens after approval of the budget. Commissioner Weiland said that the process should be started as soon as possible. Attorney Cherof pointed out that the term of office for the additional members would be four years, but the first person appointed is for two years and therefore the terms become staggered. The first person appointed would be for a two year term and the second and subsequent persons appointed would be for four year terms. Commissioner Denahan said she would be in favor of accepting resumes immediately. Commissioner Denahan would like to discuss this at the first Commission meeting in October. Mr. Hawkins stated as a formality tonight this CRA Board is recommending to the Commission that the Board wished to add two members. Commissioner Denahan would like to have the action taken tonight by this Board ratified at the Commission meeting on st September 21 and discussion of the resumes could begin at the regular Commission th meeting on October 5. Discussion next took place on how long the time to accept applications should remain open. Mayor Broening requested that no time be set for now. Commissioner Weiland said he is currently attending CRA seminars being held in Delray and suggested that someone from City staff attend tomorrow’s session. Mr. Hawkins noted that staff has attended many of these seminars in the past. Charlie Fisher asked when some one is hired as the CRA Director would it be possible that the person be paid a base salary plus a high incentive. Mayor Broening said that could become part of the contract negotiation. Attorney Cherof, for clarification purposes regarding the comment about the County approving the expansion of the CRA, pointed out that this provision of the Statute came after Boynton Beach’s CRA was created and, therefore, is not applicable to Boynton Beach’s CRA. Attorney Cherof said he expressed this opinion to the County Attorney’s 5 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1999 Office and he received a letter back from the County Attorney’s Office agreeing that they did not have the jurisdiction or power to approve expansion. VII. NEW BUSINESS None VIII. OTHER None IX. ADJOURNMENT Motion Commissioner Weiland moved that the meeting adjourn. Motion seconded by Commissioner Denahan. The meeting properly adjourned at 7:05 p.m. Respectfully submitted, ______________________________ Barbara M. Madden Recording Secretary (one tape) 6