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Minutes 02-10-09 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, FEBRUARY 10, 2009, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Lisa Bright, Executive Director Jose Rodriguez, Vice Chair Jim Cherof, Board Counsel Woodrow Hay Marlene Ross Ron Weiland I. Call to Order – Chairman Jerry Taylor Chair Taylor called the meeting to order at 6:29 p.m. II. Pledge to the Flag and Invocation Mr. Hay offered the invocation, 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 None B. Adoption of Agenda Motion Mr. Weiland moved to approve the agenda. Ms. Ross seconded the motion that passed unanimously. V. Announcements & Awards: A. Oceanfront Concert Series – Cricklewood – February 20, 2009 from 6:00 p.m. to 9:00 p.m. Kathy Biscuiti, Special Events Director, announced the second Oceanfront Concert would be held at Oceanfront Park, and would feature the Cricklewood Band. Parking 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 was available onsite, and continuous trolley service was accessible at Bank of America beginning 5:30 p.m. to 9:30 p.m. Food and beverages would be available. She encouraged everyone to attend. Chair Taylor noted everyone could dance to the music of the band. She thanked the Board members for their donations in support of the concert series. VI. Consent Agenda: A. Approval of Minutes – CRA Board Meeting January 13, 2009 B. Approval of Minutes – CRA Board Special Meeting January 20, 2009 C. Approval of Minutes – CRA Board Special Meeting January 26, 2009 D. Approval of Period-Ended January 31, 2008 Financial Report E. Administrative Policy Manual (Tabled January 13, 2009) Mr. Weiland pulled this item F. Approval to Rescind Work Order #07013.1 with Hedrick Brothers Construction, Inc. for Value Engineering Services at 211 E. Ocean Avenue G. Approval of a Commercial Façade Grant in the amount of $15,000 to Woolbright Development, Inc for the property located at 1625 South Federal Highway Motion Mr. Hay moved to approve the agenda less the items pulled. Ms. Ross seconded the motion that passed unanimously. VII. Pulled Consent Agenda Items: (Heard out of Order) E. Administrative Policy Manual (Tabled January 13, 2009) Mr. Weiland requested a brief summary of the item. Ashley Buckley , Administrative Services Manager, explained the Administrative Policy Manual was created in 2003 and was updated, as it contained antiquated logos, Board member names, and account information. It was an internal policy for staff to use. It provided direction to staff, in the event of absences, another staff member could perform their tasks. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 The following sections were discussed: The Interoffice Complaint form, part of Human Resources Manual was removed. It was clarified the Human Resources manual was a part of the Administrative Policy Manual. The update separated the policy manuals, which were still in place, and made the document more user friendly. The Grants Management Section, under Economic Development was removed. When the policy was created, an Economic Development position was contained in the organizational chart. There were four employees working at the time, with additional positions anticipated. Since then, staff compiled job descriptions and tasks, put them in one section, and made the Administrative Policy Manual handle only administrative functions. The document was similar to an operating manual. It was noted job descriptions were different from an operating manual. Ms. Buckley suggested the old manual be reviewed, as the procedures were not taken away; they were relocated to a more appropriate section. The Quasi-judicial Proceedings were removed at the recommendation of legal counsel; however, there was discussion those were the types of issues that would impact the Board, and the Board members needed to be aware of them. Vice Chair Rodriguez requested a very brief listing of the most important items changed the changes made. He also requested a list of the top five items that had the greatest impact on staff and the Board. Ms. Buckley agreed to forward them. Jim Cherof , Board Attorney, explained the preparation of the Administrative Policy Manual was a tedious task. He worked with Ms. Buckley on it and praised what she accomplished. He noted the document contained a summary of changes, which he reviewed. The Booking of Appointments section was removed. Attorney Cherof suggested the CRA staff maintain a master calendar so Board members are able to research how staff action developed, who was involved in the process, and whom they met with. Many public organizations maintain a master calendar. The Document Identification Section was removed. Attorney Cherof suggested the footer in the Administrative Policy Manual reflect where the document is located electronically. From a public records review, he recommended footers be used on all documents, so if a request was made, the document could be tracked. The Policy and Procedure Agenda was reviewed. The section sets the procedures for how the agenda is developed. It specifies the Executive Director would meet with each Board member to discuss any agenda questions prior to the meeting. Attorney Cherof suggested, “The Executive Director shall meet with each Board member who desires to meet, to discuss any agenda questions.” The language removed the implication the Board members have a mandatory duty to meet with the Executive Director. It was 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 suggested language meeting with the Assistant Director or other staff in the event the Executive Director was out sick be used. Attorney Cherof agreed that would be fine. Mr. Hay commented it appeared the Board was changing a policy to match a personality and the members may not be on the Board in the future. Attorney Cherof explained not all current Board members have the same approach to preparing themselves for meetings. The Executive Director will be available to meet with each Board member, but it should not be mandated that it occur because later the policy could return, indicating the Board approved the policy but refused to meet with the Executive Director. Changing the language to read, “The Executive Director will, may meet . . . .” was suggested. The Public Inquiries and Citizens Complaints section was reviewed. Paragraph three reads “Reoccurring complaints, and those deemed significant by the Executive Director, will be relayed to the Board of Directors.” Attorney Cherof pointed out the term “deemed significant” was subjective. There is a policy requirement to maintain a complaint log, and it was suggested staff make the log available to the Board each month. Ms. Bright requested a definition of what could be construed as a complaint. It was noted the Community Redevelopment Agency does not receive complaints often and if they do, it is of the nature of the color of Las Ventanas, or a resident was not waiting at the right location for the trolley stop. Those calls do not make it into the complaint log. Vice Chair Rodriguez responded anything that was within the Community Redevelopment Agency’s control or when a resident indicates they do not agree with something, should be logged. Attorney Cherof clarified that although staff may have to respond to the complaint, the citizens hold the Board responsible and accountable. He suggested instead of the Executive Director having to select what is a complaint; just turn the sheet over to the Board once a month. After discussion, all complaints would be logged and turned over to the Board. Motion Mr. Weiland moved to approve Item E of the Consent Agenda, with the Attorney’s recommendations. Mr. Hay seconded the motion that passed unanimously. Ms. Buckley would forward the information within a week. VIII. Information Only A. CRA Policing Activity Report for the Month of January, 2009 and District Statistics for the Months of December, 2008 and January, 2009 B. Boynton Beach CRA and Trolley Website Updates 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 C. Planning and Development Board meeting agenda – January 27, 2009 There were no comments received on these items. IX. Public Comments: (Note: comments are limited to three minutes in duration) Shirley Jaskiewicz, 1917 SW 13th Avenue, spoke as Chair of the Planning and Development Board. She reported, at the last Planning and Development Board meeting, there were requests for time extensions. A discussion had followed who was responsible for enforcing the initial conditions of approval on a project that has dragged on for years. The downturn in the economy was a factor; however, the members were concerned about maintaining the property in the interim. Most of the projects were within the Community Redevelopment Agency District and in areas they were trying to promote. She inquired if the Community Redevelopment Agency could enforce, with the current owner, their responsibility to maintain the property in a way so it would not be an eyesore. Chair Taylor explained they could contact the property owner, and maintenance is usually a condition of approval. Vice Chair Rodriguez also pointed out Code Enforcement could address the issue. Ms. Jaskiewicz explained when extensions are considered they require beautification take place and have given 90 days to make the improvements or the extension would not be valid. Ms. Jaskiewicz wanted the members to be aware of the issue. Buck Buchanan , 807 Ocean Inlet Drive, advised the Chamber of Commerce and INCA were in support of the brownfields. He requested it be put on the agenda to start the process. The Business Development Bureau had developers visiting the rest of the week, and the issue was important to the development of Boynton Beach. Ms. Bright would work with the City Manager and pursue the matter. There was consensus to revisit the issue. X. Public Hearing: Old Business: None New Business: None XI. Old Business: 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 A. Audit Independence and Selection Ms. Ross had requested this item be brought back. At the last meeting, there was information exchanged, which she requested be clarified. Susan Harris , Finance Director, responded the information was included in the meeting backup materials. The discussion was whether the auditor was independent and who paid the vendor. All Certified Public Accountant’s and firms needed to adhere to 47 pages of standards in order to be considered “independent”. Additionally, Florida Statute requires Community Redevelopment Agencies and municipalities to select independent certified public accountants or firms for their annual audit and pay for them with public funds. This was similar to how the City operated. The standards were on file if any members wanted to view them. Vice Chair Rodriguez felt the auditor was unprepared to answer his questions, which pertained to sampling and thresholds. Ms. Harris advised that in the future she would recommend the auditor bring their work papers. At Ms. Ross’s request, Ms. Harris would advise the auditor of the discussion. B. Discussion and Consideration of Audit Finding – Segregation of Duties Ms. Harris explained as a further internal control, they would like to have an individual outside of the Finance Department receive incoming cash and checks, log them, prepare a reconciliation and forward it to Ms. Harris to reconcile against bank statements. They would also like to have an individual apart from the Finance Department handle the petty cash. Those duties were assigned to Finance and handled by the Administrative Assistant, but the position is currently vacant and unfunded. Management’s response was they would comply with the auditor’s recommendation subject to appropriate staffing levels. Vice Chair Rodriguez suggested the Administrative Services Manager be assigned the task. The CRA receives about 100 checks and cash per year. Ms. Harris agreed to Vice Chair Rodriguez’s suggestion. A procedure to handle gifts or donations to a concert series was discussed. Ms. Harris advised if a contribution is made for a concert, it is given to the Finance Department to deposit into the correct account. Vice Chair Rodriguez suggested a process be put in place to bring it before the Board for approval as care needed to be taken when accepting contributions from anyone and it should not reside solely on the CRA staff. After the members considered the matter, it was agreed donations could be accepted and brought before the Board for review. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 Motion Vice Chair Rodriguez moved for a motion to develop such a procedure going forward. Attorney Cherof suggested providing documentation to the donor indicating the donation was conditionally accepted, subject to Board approval. This would facilitate depositing the checks and there would be a clear acknowledgement its acceptance was conditional. Ms. Harris would accept the donations, deposit them, develop a report for the Board and send the firm a letter indicating the donation was conditioned upon Board approval. There was consensus the procedure should be part of the Administrative Policy Manual. C. Discussion and Consideration of Audit Finding – Marina Operations: Fuel Sales Chair Taylor advised this item was addressed. Ms. Harris requested a motion to approve management’s response that the action they were taking was agreeable to the Board. Motion Mr. Hay moved to approve. Vice Chair Rodriguez seconded the motion that passed unanimously. D. Discussion and Consideration of Audit Finding – Police-Related Expenditures Attorney Cherof explained this issue pertained to the expenditure of funds and he had discussed it with the Executive Director. He concurred with the responses to the auditor’s comments and suggested the recommendation contained on the agenda item be handled by Board Counsel.The amendment provided for a very specific authorization for an expenditure of funds. The issue arose from a misreading of audit information from the Daytona Beach Community Redevelopment Agency. Attorney Cherof advised the opinion of the Auditor General was not binding on Boynton Beach and the opinion was advisory in nature. He disagreed with the recommended action and advised he was prepared to make recommendations and give opinions to the Board without any additional expenditure of funds. Chair Taylor noted the language was vague and it appeared no determination had been made. Ms. Harris clarified Chapter 163, which governs the Community Redevelopment Agency, allows them to use innovative community policing. The Daytona Beach 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 Community Redevelopment Agency opinion indicated that maybe the funds should not have been used, even though it was permitted under Statute. If the Attorney would issue a written opinion that any expenditure, including those for police vehicles and other police expenditures, are appropriate for the Community Redevelopment Agency, they would be fine. They needed to be covered as a deficiency existed and show the Community Redevelopment Agency addressed the issue in some manner. Chair Taylor noted Board Counsel was taking responsibility for the manner in which they conduct business. Attorney Cherof was asked for a timeline. He noted he provided the documentation by approving the format of the Ordinance approved by the City Commission and the Community Redevelopment Agency approved by Resolution with regard to the language. It was his opinion the expenditures under the current agreement between the Community Redevelopment Agency and the City were appropriate expenditures in light of the amendment to the plan. There was agreement his comments were sufficient. E. Presentation of Economic Development Report and Database Vivian Brooks, Assistant Director, explained the meeting materials contained information and a report on existing conditions within the Community Redevelopment Agency’s commercial, industrial and retail properties. At the time of the report, there were 437 businesses with retail being 44%. The vacancy rate was high at 15.5%, and industrial was 24%. The purpose of the creation of the database was to assist businesses to find space. Staff would send letters to the property owners of commercial, industrial and retail buildings, requesting they advise the Community Redevelopment Agency if they have space available so they can update the database. The vacancy rates for commercial properties were on target; industrial was high due to the properties being smaller and not prime space, and newer properties being available. Ms. Brooks had no information how the rates compared to the national or state rates for industrial. For Palm Beach County, the rate was 11%. As staff became aware of vacancies, they would update the database and provide location assistance as new businesses arrived. Vice Chair Rodriguez inquired how the Palm Beach County Business Development Council interacted with this kind of function. Ms. Brooks responded the Community Redevelopment Agency advises them what sites are available for site development for office, or commercial space. Ms. Bright explained the Board and City Commission approved $2,000 for a familiarization tour, which would occur this Thursday. She would be presenting the Community Redevelopment Agency district to 60 large site developers traveling to this region. The developers would be reviewing large sites, and the project was a joint 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 venture between all the Chambers of South County and the Business Development Board. The Renaissance Commons project was also recognized. F. Update on Homebuyers Assistance Program, Residential Improvement Program and Commercial Façade Grant Program Mike Simon , Development Manager, offered a PowerPoint presentation highlighting the number of individuals served and the amount spent on the various programs. He acquainted the Board with the amount of private monies matched and gave a short summary on the programs. The Homebuyers Assistance Program assisted 10 individuals in 06/07, and paid $493,000. In 07/08, 14 individuals were assisted and the program paid $645,000. To- date, six individuals were assisted and the program paid out $243,000. The Commercial Façade Grant program had increased usage. In 05/06, there were two grants given for $15,000 each, which is the maximum per grant amount, based on a dollar-for-dollar match. The private investment match was $58,440. In 06/07. there were three grants given totaling $45,000 with a private match of $60,000. In 07/08, there were five grants totaling nearly $50,000 the private investment was almost $250,000. Total grants given for the three years were $123.325 with a private investment of $366,000. Mr. Simon noted there was a Commercial Façade Grant for Sunshine Square pending on the agenda, which would have a $1.5 million private investment match. The Residential Improvement Program paid out $140,000 in 07/08. The grant limit was $20,000 per household for repairs to items such as roofs, hurricane shutters, minor landscape and irrigation improvements to improve the aesthetics of the street and community. In 08/09, $91,000 was paid to two moderate-income individuals. The total funds paid since inception was $231,000. Mr. Weiland left the dais at 7:21 p.m. There was $237,000 left in this program for this fiscal year. Mr. Simon displayed photos of the properties assisted. Mr. Weiland returned to the dais at 7:22 p.m. Vice Chair Rodriguez noted some grants were approved outside the Heart of Boynton area. He inquired what the breakdown of assistance was in the Heart of Boynton, as opposed to the southern part of the district, and how the program was marketed. Mr. Simon replied one homeowner outside the Heart of Boynton applied. The program was marketed via a mass flyer and the program caught-on in several areas, but not all of them in the Community Redevelopment Agency district. The vast majority of single- family homes were within the Community Redevelopment Agency District. 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 Vice Chair Rodriguez felt the marketing was not successful if only one home outside the Heart of Boynton was served. He inquired of the possibility to target homes that could use help and if there could be a workshop held to generate activity in those areas. Mr. Simon responded he could drive through the area and consider a more targeted campaign, but if he accepted all of the applicants that wanted to apply, they would have to reject a tremendous amount. Mr. Hay suggested improving the Community Redevelopment Agency district and then addressing the southern portion. Mr. Weiland explained there was a large blighted area south of Ocean Avenue and the program should not be targeted to just the Heart of Boynton area. Mr. Simon clarified the program was not targeted to the Heart of Boynton; however, the residents there met the guidelines. Ms. Ross inquired if the Heart of Boynton residents tended to respond. Mr. Simon responded they did; however, they received calls from individuals, both in and out of the district, and were inundated with applications. In the future, Mr. Simon indicated they could market the program on foot or use door hangers. Vice Chair Rodriguez requested receiving door hangers when they were available. Mr. Simon explained if they have applications that exceed the funding level established for this fiscal year, they could add new applicants to the waiting list. They would also encourage and educate residents about other programs that may be available in an effort to assist them. Vice Chair Rodriguez left the dais at 7:36 p.m. Vice Chair Rodriguez returned to the dais at 7:37 p.m. G. Consideration of Second Amendment to 4th Street Project Ms. Harris pointed out there was a revised agenda item distributed containing the minutes, the Interlocal Agreement and First Amendment. The minutes reflected there was a grant payable to the Community Redevelopment Agency for the 4th Street project, to reduce the outstanding amount owed to the City. The City Manager agreed the City would pay for the improvements and the Community Redevelopment Agency would reimburse the City in 2010/2011. The First Amendment; however, did not contain the discussed language in the document. The language in the Second Amendment did. A motion was needed to approve the Second Amendment. Motion Mr. Hay moved to approve. Mr. Weiland seconded the motion that unanimously passed. H. Consideration of MLK Third Party Financial Verification 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 Chair Taylor explained the Board was being asked to select the third party financial verification group. PMG Associates charged $14,350 and the Treasure Coast Regional Planning Council was asking for $70,000 for the same contract. Chair Taylor explained the Community Redevelopment Agency needed the verification and he wanted to see what came back from both the developer’s point and the agency’s point. Auburn had an issue with PMG Associates, but Chair Taylor was not in favor of spending $70,000 as opposed to the $14,000. Vice Chair Rodriguez inquired if the developer could pay for their portion of the financials if the contract went to the Treasure Coast Regional Planning Council. Ms. Brooks explained a recommendation that the developer’s fees be deducted from the funds paid to them was made; however, if the verification was returned and not acceptable, then the agency would have to recover the fee. Vice Chair Rodriguez was not in favor of PMG Associates. Mr. Hay and Ms. Ross both expressed the developer should pay for the verification, and if they did not want to pay for it, then they would use PMG Associates. Chair Taylor inquired if Mr. Hay was referring to the developer paying half the cost. Vice Chair Rodriguez had been suggesting the Community Redevelopment Agency use PMG Associates for $7,000 and use Treasure Coast for the developer at their expense. He thought it was a cleaner review and if the developer did not pay for it, the project would not move forward. Yusef Gray , Auburn Development, advised Auburn would support whatever decision the Board made. He explained they were willing to support a financial review, but could not speak as far as paying for the entire review. Ms. Brooks recommended using one firm as the work performed was on behalf of a developer asking for a significant sum of money. The review was an integrated review, and having too many parties could result in a disconnect. Herb Suss , 1711 Wood Fern Drive, indicated using one company was sufficient. He did not want one nickel of City or Community Redevelopment Agency funds spent on the verification and he suggested a neutral firm be used. Chair Taylor supported PMG Associates performing the verification and having the funds deducted. Vice Chair Rodriguez disagreed and thought the conflict with PMG Associates should be avoided. He was; however, in favor of billing the developer back for the expense. He explained he was trying to avert litigation, and the project may not proceed. Ms. Ross preferred to have Auburn pay the expense up front. Motion Vice Chair Rodriguez motioned to move forward with Treasure Coast and bill back, or hold Auburn accountable for all expenses in that audit review. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 Chair Taylor indicated the motion did not require Auburn to pay the expenses up front. Motion Vice Chair Rodriguez made a motion to move forward with the review using Treasure Coast Regional Planning Council and any expenditures, whether it is up front or at some point in the process, be accountable to Auburn at any point within the audit process, and if they default in paying it, it was terms for default of the contract. Mr. Hay suggested adding they would stop all negotiations until they received positive results from the audit. Vice Chair Rodriguez inquired if information from the meeting would be applied to the contract. Mr. Hay clarified the information received at the public meeting could be applied towards the Master Developer’s Agreement and held until they received the financials. Mr. Hay seconded the motion. Chair Taylor clarified the motion as Auburn would use the Treasure Coast Regional Planning Council, at $70,000, and they needed to pay it up front before they moved forward with anything else. Vice Chair Rodriguez clarified it would be paid when Treasure Coast wanted it. Ms. Bright explained in order for staff to administer the verification contract they needed to know which contract would be used. She inquired if it would be the last Master Developer’s Agreement based on a date, or the agreement discussed on January 20th at the City Commission meeting? Statements had been made at that meeting about changes to be made. Chair Taylor responded they were starting all over because part of the project was eliminated. A meeting on the project to receive public input was scheduled for the next day. Ms. Bright noted a new agreement would change the TIF calculations they would be asking the third party to verify. A decision was made that after the meeting they would come back and would know what would be evaluated. The cost may change. Vice Chair Rodriguez noted they could agree on the financial vendor at this meeting and set it aside. Mr. Gray explained Mr. Hinners would be more than happy to get past something as simple as a money issue and move forward with the project. Ms. Bright responded Auburn Development reduced the project significantly and would be unveiled at the public meeting. Vice Chair Rodriguez explained it did not preclude them from having a financial vendor set aside, and all else would fall into play. Lee Wische, , 1302 SW 18th Street believed Auburn should pay the $70,000. He explained the Community Redevelopment Agency was in charge of the project. 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 Mr. Hay inquired where the principals of the firm were as they usually attended the meetings. Mr. Gray responded there was a scheduling conflict, and they would be prepared to answer any questions at the public meeting. Chair Taylor repeated the motion which was to approve the Treasure Coast as the third party financial verifier and ask Auburn to pay for it up front on Treasure Coast’s terms. Ms. Brooks explained Treasure Coast would not do the verification for Auburn since Auburn was a private company. Treasure Coast Regional Planning Council would do it for the Community Redevelopment Agency because they were a governmental agency. Additionally, Treasure Coast would not be obligated to report their findings to the Community Redevelopment Agency. Vice Chair Rodriguez amended his motion to include, Auburn would pay the fee up front and the contract would be with the Board and Treasure Coast Regional Planning Council. Vote The motion passed 3-2 (Ms. Ross and Chair Taylor dissenting) XII. New Business : A. Consideration of Rescission of Contract with Native Technologies Chair Taylor explained this firm was maintaining the Mangroves at Jaycee Park. Ms. Brooks advised the Recreation and Parks Department has continuously complained about the firm’s maintenance of the mangrove mitigation area. There was debris in the washout for a month and they did not clean it, even after being requested to do so. The Community Redevelopment Agency was dissatisfied with the service and the contract allowed them to terminate the contract without cause. Ms. Brooks advised they needed to maintain the mangroves for two more years. The affected area was the natural area created at Jaycee Park. Ms. Brooks explained rescinding contracts did not occur often, but if the area was not maintained, they would be in violation of their permit. Motion Vice Chair Rodriguez moved to approve. Mr. Hay seconded the motion that passed unanimously . 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 B. Consideration of Issuing RFP for maintenance of Mangrove Mitigation Area at Jaycee Park Vice Chair Rodriguez inquired if a piggyback contract could be used. Ms. Brooks clarified the work was very specialized and they could try. Her thoughts were it would take longer to find a piggyback than to go for RFP, which would have a quick turnaround time. She noted only a few firms would respond. Motion Vice Chair Rodriguez moved to approve. Ms. Ross seconded the motion that unanimously passed. C. Consideration of Graffiti Art Project Ms. Bright advised the item was brought to her by the Arts Commission Chairman and was a worthy project; however, it was unfunded. Funds would have to come from contingency funds. Debby Coles-Dobay , Public Art Administrator, reported the item was brought forward by the Public Works Department, through a discussion of repainting a wall at Sara Sims Racquetball Court. A suggestion was made to paint a mural. The Arts Commission agreed with the idea, but needed funding to execute it. The mural project fell within the Community Redevelopment Agency district and would improve the Heart of Boynton. The project would engage the community and educate youth. Additionally, area youth, as well as youth from the Youth Violence Prevention program could learn about the positive effects of graffiti versus the negative effects of tagging. It was possible some materials would be donated and assistance from the Public Works Department for the base coat on the wall. She inquired if there were funds available for the project. Chair Taylor noted the request was for $10,000 and the contract was for $15,000. Ms. Coles-Dobay responded the offset was from the wall basecoat, and she believed the scaffolding and spray paint would be donated, which amounted to approximately $5,000. The $10,000 would pay for three professional artists to run the program, which did not include just painting the wall. It would be a series of sessions to engage the community on the concept of the project and the theme of what would be painted on the wall. A demonstration would be given and four or five different sessions held. 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 Vice Chair Rodriguez noted there was a police fund that assisted non-profits. Attorney Cherof would research whether the expenditure would be covered under that statute. The members discussed tabling the item pending the result of Attorney Cherof’s research. The Arts Commission had discussed themes for the wall, which were heroes, music and sports with the final concept being approved by the Arts Commission. The artists had painted several walls in Delray Beach, and regularly have projects from Stuart to Miami. Samples of their artwork were distributed to the members. Motion Mr. Hay moved to table the item pending the Attorney bringing back other funding sources before the next meeting. Attorney Cherof indicated he could issue a memorandum on whether forfeiture funds could be used for this type of activity. The motion unanimously passed. XIII. Future Agenda Items None XIV. Comments by Staff Margee Walsh , Director of Marketing, followed up on Mr. Simon’s presentation of the Residential Improvement Program and Homebuyer Assistance Program. In addition to an aggressive direct mailing done last spring, they included mention of the programs in the Community Redevelopment Agency’s “FYI” newsletter mailed to over 40,000 residents in October. Information about the program was also included on the Community Redevelopment Agency website and on their voice mail message. Ms. Walsh would provide copies of the distributed materials. XV. Comments by Executive Director None XVI. Comments by CRA Board Attorney None XVII. Comments by CRA Board 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 10, 2009 Mr. Hay expressed, as elected officials, out of courtesy, they have a responsibility to speak into the microphone, if an audience member cannot hear. XVIII. Adjournment There being no further business, the meeting properly adjourned at 8: 17 p.m. l11-tJwjUj'~<<i!J~UtLL Catherine Cherry ([ Recording Secretary 021109 16