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Minutes 04-10-07 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEETING HELD IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA ON TUESDAY, APRIL 10, 2007, AT 6:30 P.M. Present: Henderson Tillman, Chair Stormet Norem, Vice Chair Rev. Lance Chaney Jeanne Heavilin Marie Horenburger Steve Myott Guarn Sims Lisa Bright, Executive Director Ken Spillias, CRA Board Counsel I. Call to Order - Chairman Henderson Tillman Chair Tillman called the meeting to order at 6:33 p.m. II. Pledge to the Flag and Invocation The board recited the Pledge of Allegiance to the Flag. Rev. Chaney gave the invocation. III. Roll Call The Recording Secretary called the roll and all members were present. It was noted Mayor Taylor; Quintus Greene, Development Director; Vice Mayor Rodriguez; and Amy Dukes, Attorney with Lewis, Longman and Walker, were present. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda · Attorney Spillias added to Item XIII, Attorney Comments, a discussion of Ocean Breeze and possible action by the board regarding a purchase contract. · Ms. Bright pulled Consent Agenda Items E and K. · Steve Myott pulled Consent Agenda Items G and M. · Mr. Sims pulled Consent Agenda Items D and N. B. Adoption of Agenda Motion A motion was made by Ms. Heavilin to approve the agenda with the changes. Vice Chair Norem seconded the motion that unanimously passed. 1 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 V. Consent Agenda: A. Approval CRA Board Meeting Minutes - March 13, 2007 B. Approval of the Financials for Period Ended - March 31, 2007 C. Budget Amended for Period Ended - March 31, 2007 D. Consideration of Exploring Uses & Costs for 310 NE 10th Avenue E. Approval of the Rescinded DIFA for 500 Ocean Plaza F. Review of the Boynton Beach High School Booster Club G. CRA Board Packet Production List H. SS 163 Requirements for Fund Balance, Bond Proceeds & Use of Appraisals I. Approval of Ocean Breeze RFP Selection Committee J. Approval of Commercial Fac;ade Grant-Anne Marie Motel NTE $15,000 K. Approval of Marina Leases L. Request for Proposals for Vacant Land Described as Cherry Hills, Boynton Lots 390 and 391 - Pulled M. Cornerstone Request for the Preserve N. MLK Corridor Update VI. Public Comments Chair Tillman opened the floor for public comments. No one coming forward, Chair Tillman closed the floor to public comments. VII. Public Hearing Attorney Spillias announced the Land Development Regulation Rewrite did not require quasi- judicial procedures. Old Business: None New Business: A. Land Development Regulations Rewrite Code Review 1. Project: Land Development Regulations Rewrite (CDRV 07-004) Definitions and project update. City- In itiated Request to amend a portion of the Land Development Regulations (LDR) Part III, Chapter 1, Article II. Definitions to provide a first set of revisions based on updated uses, new or proposed sections, and consolidation of definitions currently provided within individual chapters as part of the LDR rewrite project. Agent: Description: 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Ed Breese, Principal Planner, presented the rewrite of the Land Development Regulations (LDR) and explained the changes. A PowerPoint presentation was made, a copy of which is available in the City Clerk's Office. The changes discussed were contained in the Department of Development Planning and Zoning Memorandum dated March 28, 2007, also available in the City Clerk's office. Ms. Horenburger asked about supplemental regulations. Mr. Breese responded those would come later in the process and dealt with more than one section for the Code. Ms. Horenburger noted the cross-referencing with the supplemental regulations had been an issue in the past. She hoped there would be a strong effort to consolidate them and have a mechanism for achieving easier cross-references. Ms. Heavilin complimented staff. She thought the definitions were clear and understandable. Mr. Breese responded the changes were a concerted staff effort. Motion Ms. Heavilin moved to approve the Land Development Regulation Rewrite. Mr. Myott seconded the motion that unanimously passed. VIII. Pulled Consent Agenda Items: Item D - Consideration of Exploring Uses & Costs for 310 NE 10th Avenue Mr. Sims announced he liked the idea of a CRA and City satellite office for joint usage. He requested the concept be explored further. Lisa Bright, Executive Director, the CRA could take a look to see how much it might cost the CRA to renovate the building. The item was brought forward for informational purposes as it pertained to the budget. She explained staff would provide information on the item to the board at another time. Motion Mr. Myott moved to approve the request. Vice Chair Norem seconded the motion that unanimously passed. Item E. Approval of the Rescinded DIFA for 500 Ocean Plaza Ms. Bright explained she pulled this item and that staff was recommending approval to rescind the $2M up-front Direct Incentive Funding Agreement. The funds would revert back to the General Fund for use on another project. Motion Vice Chair Norem moved approval of the request. Ms. Horenburger seconded the motion that unanimously passed. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Item G. CRA Board Packet Production List Mr. Myott suggested putting the documents into a PDF format and emailing it to save on printing and courier costs. Ms. Bright indicated that was being considered. Posting the information on the website was discussed. The new website would be launched next week and the information could be posted in-house by staff. Individuals would then be able to print materials as needed. Ms. Bright noted there was no action needed. The item was presented for informational purposes only. Item K. Approval of Marina Leases Ms. Bright explained the only reason she pulled this item was because the recommendation was not included on the agenda item staff report. Ms. Bright recommended approval. Motion Mr. Myott moved to approve the request. Ms. Heavilin seconded the motion that unanimously passed. M. Cornerstone Request for the Preserve Mr. Myott noted the staff recommendation was to deny the request. Mr. Myott asked for additional information. Ms. Bright explained this project was immensely successful. The cost associated with the project was close to $2.5M, which draws down the bond. She did not think the CRA was financially prepared for that; they were finding many developers were requesting assistance. This was the second request from the developer because of the huge success and need for workforce housing. Mr. Myott thought blending the incomes within the project and doing so in other areas of the CRA would be beneficial. He supported staffs recommendation to not approve the request at this time. Motion Mr. Myott moved to approve staffs recommendation and not approve the request. Vice Chair Norem seconded the motion that unanimously passed. N. MLK Corridor Update Mr. Sims asked whether the Development Agreement and/or the Tripartite Agreement established a deadline date for the agreement to be signed and delivered. Ms. Bright reported she was not aware of a Development Agreement being signed. Mr. Sims also asked about the Joint Partnership Agreement being signed. Ms. Bright reported this matter would be discussed next Tuesday. The September date requested by Vice Mayor Rodriguez was an extension for 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 acquisition of Phase I properties. There was still no definitive time frame and seven weeks had elapsed since the special negotiation meeting with the parties on February 16, 2007. Mr. Sims asked about the Joint Partnership Agreement. Attorney Spillias explained there was a Joint Venture Agreement with Intown and McCormack Baron Salazar but it only addressed the preplanning development aspects of the endeavor. Attorney Spillias read the purpose section of the document, which specified it was a pre-development agreement and may contemplate a separate partnership for the actual development. Mr. Sims was concerned about the current property owners waiting to sell their property. He understood the CRA made a commitment to refer sellers to Intown. Mr. Sims was not sure that was in the best interest of the City and CRA specifically, when property owners indicated they would not sell to Intown. The purpose of acquiring the property was for redevelopment and ultimately, transference to the master developer. He thought by waiting, a situation was being created that when the time was right to make purchases they would be unable to do so because they did not have a living document. He wanted to explore the issue again. There were opportunities to move forward, and he noted property owners were approaching the CRA wanting to sell their property on Martin Luther King Boulevard. Mr. Sims thought the issue was open ended and someone or something needed to convince all it was time to move on. The board discussed Mr. Sims comments. Chair Tillman indicated the board supported his comments and took the matter very seriously, but the situation had to play out. Ms. Horenburger inquired if the CRA was legally able to establish their own deadline for the negotiations. Attorney Spillias explained the RFP was initiated and approved by the CRA. The original motion was to negotiate a Master Development Agreement with Intown and if an agreement could not be reached, they could move to the next entity. Ms. Horenburger also discussed the timing could work out favorably. The Treasure Coast Study outlining what could reasonably be expected for development on the MLK corridor was due in May. Motion Ms. Horenburger moved the board determined the negotiations would be considered concluded, one way or another, by the June 12, 2007 meeting. Attorney Spillias recommended making the motion automatic. Ms. Horenburger indicated her intent was it would be automatic Vice Chair Norem seconded the motion. Mr. Myott thought the date was too soon. He explained Mr. Bressner was looking to determine how much money was needed from the City for the developer to do the development. He thought it would take a few months. Additionally, he did not know if the developer would support the CRA acquiring land and giving it to the City to hold. Ms. Horenburger clarified the reason for her motion was because they still did not have the financial or partnership agreement, which they had asked for more than six months ago. She 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 felt her motion allowed for the Treasure Coast Study to be issued and studied. She elaborated the study may indicate more analysis was needed. Ms. Bright added at the February 16, 2007 negotiating session, both Samantha Simon of Intown and Richard Baron, of McCormack Baron Salazar, indicated they needed three weeks to determine what their funding needs would be. Since that time, the CRA and the City worked diligently to determine the expectation of the development costs, which showed about $110M. She explained the CRA had received a call last week from the principal about land development regulation changes. Mr. Bressner was working on the item and that was why it was on the agenda. Rev. Chaney thought the arrangement should be terminated. He indicated with the City as a partner, a request should be submitted to them to consider a deadline. Ms. Horenburger changed her motion. The Chair acknowledged part of the blame went to the CRA for not setting a deadline and sticking to it. Motion Ms. Horenburger amended her motion to be a request to the City Commission to consider a deadline of June 12, 2007, two CRA meetings from now with the other original language. Vice Chair Norem agreed to amend his second. Mr. Sims thought there should be a strong statement from the board that this was what the board needed and wanted. Ms. Heavilin agreed it was important to ensure the City Commission knew the CRA needed to move on. The Chair should make a presentation, the Vice Chair or the Executive Director as well, and the board should attend the meeting in a show of support for the measure. The board requested to hear comments from Intown. Intown was not present. Vote A vote was taken on the motion that passed 6-1, (Mr. Myatt dissenting). A further discussion about policies and the CRA mandate ensued, and more specifically, about the ability of the CRA to move forward to purchase property on the MLK Corridor. Motion Ms. Horenburger moved to change the CRA stated policy and allow staff to examine the potential purchases along the defined MLK corridor. Rev. Chaney seconded the motion. Ms. Bright announced she had at least seven phone calls over the past two weeks from individuals wanting to negotiate with the CRA. She indicated there were interested parties. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Ms. Horenburger clarified and emphasized the intent of her motion was to proceed with the acquisition in the corridor as it was the CRA's responsibility. Vote A vote was taken on the motion and unanimously passed. IX. Old Business A. Approval of a Transit Study Contract between CRA and PBS&J. (Chair Tillman passed the gavel to Vice Chair Norem and left the dais at 7:28 p.m.) Vivian Brooks, Planning Director, explained the County requires a transit study and this item related to a Transportation Concurrency Exception Area (TCEA) overlay area in the downtown. The contract would allow the study to be conducted and completed within six months. The report would then be forwarded to the County so they would be compliant with the TCEA standards. Motion Ms. Heavilin moved to approve. Ms. Horenburger seconded the motion. The County's letter was unclear on whether the CRA would need to go back and revisit the transit plan, contingent on the amount of development that occurs. Currently, there was not enough development to create an impact, but the County still wanted the study. An hourly rate was attached to the contract in case the issue needed to be revisited. Vote There was a vote on the motion that passed 6-0 (Chair Tillman not present for the vote). B. Approval of Recommended General Contracting Firms to Negotiate a Continuing Contract. Ms. Brooks announced they received 11 responses to their solicitations. There was work that could be done on the marina and it was time consuming to go out to bid each time. The CRA needed contractors to oversee different specialties and was seeking to enter into a one-year contract with three firms to be used on a rotating basis with the ability of renegotiating an additional four years. They learned, with Burkhardt Construction, that doing so was an expensive process. The CRA was considering several projects for the area, which predicated the need for the other contractors. Chair Tillman returned to the dais at 7:30 p.m. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Ms. Brooks reviewed Hedrick Brothers Construction had historic experience and were Leadership in Energy and Environmental Design (LEEDS) Certified, and Kaufman and Lynn, Inc. had municipal experience. Motion Vice Chair Norem moved to approve. Ms. Heavilin seconded the motion. Rev. Chaney asked if smaller, minority contractors were considered. Ms. Brooks responded one minority contractor applied and the information was included in the RFP as part of the criteria to use local labor. Mr. Sims agreed with Rev. Chaney and thought minority contractors should be used when possible. Ms. Bright explained the renewal would be automatic provided there were no performance issues. Chair Tillman did not want the renewals to be automatic. He thought without minority participation there would be bad feelings. Dale Hedrick, Hedrick Brothers Construction, addressed the board and indicated he had minorities on board and throughout his company. He had worked for the school board, which required minority participation and had Milton Grey, who uses several minority subs. He reported they met all of the minority requirements. Ms. Lisa King, of Kaufman Lynn, Inc. highlighted her firms minority participation. They made it a point to use local subcontractors and met all of the minority requirements. Vote Motion unanimously passed. C. Presentations and Selection by Top Three Proposers for the Downtown Master Plan Visioning & Implementation Ms. Brooks reported she had received 19 proposals. A committee comprised of Mathew Barnes, Planner for Charlie Siemen in Boca Raton; Quintus Greene, Development Director; Mike Rumpf, Planning Director; Melissa Hudson of Lennar Homes and herself reviewed the proposals. Three firms were short-listed for consideration. They were EDAW Inc, Peter Smith & Company and Torti Gallas. Ellen Heath, Principal with EDAW made the first presentation. She explained the firm was an international firm with extensive experience and colleagues based in Florida. Ms. Heath introduced her team and reviewed her presentation, which is on file in the City Clerk's Office. Ms. Heath indicated they were looking to build on the vision for the downtown area. She noted market reality was an important part of the project, as was appropriate density. Ms. Heath explained the firm would work in a partnership arrangement with the CRA and communication was the key. She emphasized the firm used many different techniques 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 including a public involvement plan of stakeholder identification and interviews, potential steering committee, and a visioning charrette with hands-on interactive sessions. They also held community framework planning workshops, which was a refinement of master plan alternatives, held open houses for presentation of concepts and established a website. EDAW utilized a market analysis approach to create the economic framework. Tom Wobash, Principal with Economic Research Associates (ERA) in Washington, D.C., disclosed his firm was retained by the Treasure Coast Regional Planning Council to review Intown's plan. The market analysis and demographic forecasts would be presented on May 8th. A financial analysis would be forthcoming on June 12th. He recommended the master plan, and other projects in the CRA area be reviewed to determine their financial feasibility. That would encompass preparing a TIF analysis and understanding what the bonding capacity would be. This also correlated to specific implementation strategies and how the City and CRA could participate in specific projects. Donald Shocke, EDAW Miami Office, discussed visualization methods such as three- dimensional diagrams, GIS analysis and land use maps, character preference boards and rapid audience support. He gave a demonstration of the tool and interactive charrettes that would be used. Mr. Shocke noted community ideas shaped the project. Peter J. Smith, made his presentation and explained his firm was a multidisciplinary firm specializing in urban design and writing zoning with design bases encoded in municipal law. He reviewed the work his firm had done in other municipalities and about linking, build out and greening of the project. Mr. Paul explained they recently completed a water front project for Lauderdale by the Sea. He explained the firm focuses on creative solutions to problems and enhancing design characters. The firm also likes to use green design. Urban design and the importance of determining the right anchors was also discussed. The firm canvases the area and speaks with residents, employers and others to build a community that all would support. Focus groups, surveys and interviews were some of the methodologies used. Materials are submitted in advance to the board for review. An implementation matrix would be provided discussing all approaches and how they would be implemented. The firm does not use voice mail and specialized with working within municipalities. Robert Goodill of Torti Gallas and Partners made a presentation and announced they were the architect and planners for Intown. Mr. Goodill presented the team and reviewed the projects the firm completed. (Ms. Heavilin left the dais at 8:40 pm.) (Vice Chair Norem left the dais at 8:42 pm.) Mr. Goodill reviewed the methodology used would be a public process. He reviewed the data intake, the collection process and other community input procedures. He advised he understood the HOB Plan as part of the intake process and the importance of having stakeholders participate. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 The charrette would be a week-long process with a series of workshop meetings to garner input and feedback. A preliminary plan would be developed by the end of the week. Architects would bring their concepts to the charrette and design flexible and specific features to accommodate the various concerns raised. (Ms. Heavilin returned to the dais at 8:42 pm.) Visualization tools would include hand drawn depictions and other techniques including before and after streetscape perspectives. Post charrette activities would include a vision statement with a graphic and specific proposal. A market analysis, design code and schedule of priorities would be completed. Mr. Goodill provided an example of the town papers his firm created to convey information to the public. (Vice Chair Norem returned to the dais at 8:44 pm.) Mr. Goodill read the timeline for different tasks, such as market studies and others, in order for the project to be completed. Mr. Myott complimented him on his work. Vice Mayor Rodriguez was in attendance and asked whether there was a downtown Master Plan. Chair Tillman and Ms. Brooks explained there were a number of plans but none were formally adopted and there was no comprehensive plan that addressed the area in a comprehensive way. The Federal Corridor Highway Plan was adopted and updated to be commensurate with the market. Chair Tillman thanked all the participants and explained the rating procedure. He explained the rationale for his thoughts and announced he liked EDAW the best. (Chair Tillman passed the gavel to Vice Chair Norem and left the dais at 9:19 pm) Mr. Sims thanked staff for the worksheet to rank the firms. He agreed with Chair Tillman and selected EDAW. Ms. Heavilin liked all the proposers but was most impressed with, and selected Peter J. Smith. Mr. Myott thought Torti Gallas was outstanding, but selected EDAW. Vice Chair Norem, Rev. Chaney and Ms. Horenburger all liked EDAW the best. Motion Vice Chair Norem moved to go with EDAW. unanimously passed. Rev. Chaney seconded the motion that 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Motion Mr. Myott moved the CRA prepare something in recognition of the selection committee. Ms. Heavilin seconded the motion that unanimously passed. X. New Business A. Discussion and Approval of FY 2005-2006 Audited Financial Statements Mr. Reardon announced this item was for informational purposes only and it was his error the item was listed as an approval item. He reported an audit was conducted and came back without any findings. XI. Comments by Staff XII. Comments by Executive Director Ms. Bright announced the CRA office would be closed on Thursday morning to attend services for Phyllis Zitcer's husband, who unexpectedly passed away. Ms. Bright requested guidance on two items. The Boy Scouts of America was requesting financial support and requested the CRA purchase a table for a youth involvement activity. The item would cost about $2,500. Additionally, the Police Department Community Action Team was requesting support for its Bike Rodeo by soliciting a donation to purchase a trailer. The cost associated with the request was approximately $3,500. Ms. Bright explained she has the authority to approve these requests since financially the items are under the thresholds established for her. She noted, however, the amount and frequency of the requests were increasing and she did not feel comfortable approving the requests without the input of the board. She was unsure the requests were a good use of public funds. The board already had a policy of limiting the amount of non-profits that would be funded each year. Mr. Reardon explained that policy had a cap of $1,000 per year, and the items needed to be related to the CRA. The items were un budgeted items. Attorney Spillias recommended in instances of this nature whatever the monetary amount was, and even when it was within the purview of the Executive Director to approve them, the items should come to the board at least via the Consent Agenda. The money is to be spent on a public purpose. Vice Chair Norem agreed and noted board members may want to personally support the efforts also. Further discussion followed. Entities requesting funds should appear before the CRA before the budget. Rev. Chaney thought the goal and the vision should be clear and there should be guidelines to narrow the focus of the requests. Ms. Horenburger thought the bike rodeo had value in the community and suggested the CRA fund a portion of the request. Mr. Sims commented this was a successful annual program at 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Galaxy Elementary School, it was a mobile bike rodeo. The trailer stayed at the school for a week, which was long enough for students to move through the curriculum. The board wanted to know what happened to the trailer used last year. Mr. Myott agreed with Ms. Horenburger and thought contributing to was appropriate. Motion Ms. Horenburger moved to approve the $3,462 toward the requested item and that it include the CRA logo on each side. Ms. Heavilin seconded the motion. Ms. Horenburger amended her motion to include also the transferring the money from the contingency account to the 200 account. Ms. Heavilin amended her motion that unanimously passed. Motion Rev Change moved to approve the Boy Scouts request for funds ($1,000). Mr. Myott seconded the motion. It was noted the Boy Scouts were honoring Mayor Taylor. Vote A vote was taken and passed 6-1, Ms. Heavilin dissenting. Rev. Chaney amended his motion to transfer the monies from the contingency account to the 200 account. Mr. Myott amended his second. Ms. Heavilin commented she had an issue with donating to every organization that approaches the CRA that had a fundraising luncheon or dinner and wants the CRA to purchase a table. She thought it was setting a bad precedent. She emphasized her comment had nothing to do with the Boy Scouts and she was not against the organization. Chair Tillman commented they would put rules in place. XIII. Comments by CRA Attorney Attorney Spillias provided an update on the Ocean Breeze contract which was scheduled to close and explained an issue surfaced when conducting due diligence. In essence, a claim was entered by a third party, Michael Puder, that he entered into an agreement with Boynton Associates, the purchaser of the property, to become a limited partner (50% share) of Boynton Associates, LP. As a part of that agreement, he would be entitled to a portion of the proceeds of any sale and he also had the authority, or the requirement that he consent to any sale of the property. He has not done so. The issue was presented to the title underwriter to determine whether or not this was a title defect or title objection that would need to be cleared to obtain a clean title insurance policy and the underwriter responded it had to be cleared. Mr. Finkelstein's position was there was no obligation to Mr. Puder, however Mr. Puder has recorded in the public records a memorandum 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 of his claim. A proposal was made by Mr. Finkelstein's counsel to try to set up a process to close and the monies would be put into escrow until differences could be worked out. Attorney Spillias could not advise on whether the proposal was satisfactory; however, his impression was that it probably was not. In accordance with the contract, formal notice was provided on April 9, 2007 of the title objection needing to be cured before going to closing. Thirty days was the timeframe allowed to cure the title objection. The intention would be to sit with Mr. Finkelstein and Mr. Puder and work out an arrangement so the property could be sold to the CRA. Messers. Finkelstein and Puder could still continue their dispute, but neither one could make a claim on the property. Funds needing to be escrowed could still be escrowed. Attorney Spillias indicated he was not certain that could be accomplished within the next 30 days and he noted the next board meeting was after the 30 days. Attorney Spillias requested the board, propose to Mr. Finkelstein that if he needed more than 30 days, there could be an extension that would go beyond the next board meeting, At that meeting if Attorney Spillias needed to get specific authorization on how to deal with the problem, they would have the opportunity to do so. The extension would be approximately 15- 20 days. If it was not cured to the board or the title insurances' satisfaction, the board's options would be to declare the contract void and demand a return of the deposit, or to waive the defect and close anyway. The board would be supplied with the best possible opinion as to what the risk would be to the CRA regarding the marketability of the title, in terms of claims that could be made against the property, as opposed to against Boynton Associates or Mr. Finkelstein. If the parties let the issue go the 30 days, forcing the CRA to make a choice, he requested he be given the authority to request the Chair call a special meeting to discuss the matter if there continued to be a problem. Motion Ms. Horenburger so moved. Vice Chair Norem seconded the motion. There was discussion about any evidence that may have been referenced by Mr. Puder in his memorandum. The goal was to find a way to get the CRA out of the line of litigation and receive clear title for what they offered to pay. Vote A vote was taken on the motion and unanimously passed. Mr. Myott asked how the issue would affect the RFP process. Attorney Spillias responded the date would need to be changed. He indicated procedurally, the board would need to make a motion to reconsider the date. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Motion Mr. Myott moved to reconsider the RFP. Vice Chair Norem seconded the motion. The board discussed whether they needed the motion. The earlier action on the Consent Agenda was to approve the selection committee. The motion would need to authorize staff to amend the date the RFP was due. Vice Chair Norem withdrew his second. Motion Ms. Horenburger moved to send notice to anyone who has inquired about the RFP that there is an issue about the closing of the property and they would be provided with a new RFP schedule when the problem was resolved. Attorney Spillias confirmed anyone who has directly corresponded with the CRA on the issue should receive direct notification of the change. Vote Vice Chair Norem seconded the motion that unanimously passed. XIV. Comments by CRA Board Mr. Sims noted the CRA worked diligently to keep one mission and one voice. He thought the CRA should continue to allow what was best for the community and the City to guide their thoughts, not the politics of the matter. He noted sometimes the absence of dissention could make others irritated. When the CRA members leave the meeting, there was still the solidarity of one voice and one mission. He expressed it was easy for people to nitpick the board when there are problems, particularly on the Commission. He thought it was great to see one Commissioner vote his conscience. Mr. Sims went on record he "encourages any Commissioner, including the "Mayor, if they have an issue or difference of opinion with any board members, particularly himself, to share that with him. To use the Executive Director as a means of relaying their opinions, personal opinions about board members, is immoral, unethical and cowardly. Not to have received one phone call or one invitation to sit down and talk about these differences, but to continue to utilize our Executive Director with frivolous meetings just to share these types of things is, to me, is ludicrous and I support what we have already talked about before that, We do need to look at how we are structuring her access to the Commission and seems as though that is what some of them are doing, taking advantage of just really sharing what amounts to be their political agendas and their personal opinions about board members. One day everyone is going to have to be accountable for what they say and what they do. Even our President is being held accountable for a lot of things. County Commissioners are being held accountable. House of Representatives, Senators are being held accountable, Commissioners and Board members as well. I do think that day will be coming because this is a time when we all need to work together. This is not a time where I think any group or entity is going to get a free pass to some of the things that are going on. And it calls 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 for us to even more, work together to settle differences and do what's right for the City and these communities and I would encourage any board member to, if you have, I have not been fortunate, but if you are fortunate to be in the presence of a Commissioner who is attacking a board member, that I would encourage you to stop that Commissioner in their tracks as which, I would do and tell them to have the courage to stand at the podium and attack us publicly, and not do it behind closed doors or using our Executive Director or one other board member to do that. And on the second note, I did speak with staff and the Executive Director about encouraging the City to get involved, because on Cherry Hill, every single family that's in a Section 8 apartment received a notice that they must vacate the premises within 90 days. This is not a surprise, but I guess when you do get that letter it's never the right time. But I do recall this is a County initiative, it's not a City. I do recall with the Boynton Terrace situation the City did an excellent job at least providing some meetings to bring County representatives into share important information on where did they go from there because your talking about not only families, you are talking about families with three, four, five children and now there are all of a sudden, there's a school issue. So we could work with the City, I mean the County and encourage them to at least put together one meeting to disseminate information to calm some of the fears. I think not only that is our responsibility, but I think that's a terrific thing to do. And also in the same effort to encourage the County to come before the Commission and the CRA board to share their plans, their concept plans for redevelopment, because I know we do not want just some modernized, some version of another low income housing area. We do, we are about workforce, and we do want a nice standard, upgraded standard of living and so it would be nice if we kind of got a sneak peak at where they are and what type of concept plans are they thinking about and what kind of time line are they putting together. So if we could encourage them to kind of work with us at least share with us what their plans are, I know that's County, but it does affect, certainly the Heart of Boynton." Ms. Heavilin thanked Mr. Sims for his comments. She spoke about the CRA adopting a lobbying Ordinance that mirrors the City Ordinance that any lobbying conducted be disclosed, or a policy to the equivalent requiring disclosure to keep the process transparent. Rev. Chaney commented if a developer comes to a board member prior to voting, they already made that disclosure. This requires signing in. Mr. Myott agreed with the comments made by Mr. Sims and thanked staff for his preagenda meeting. He announced they helped him be prepared very much for this meeting. Rev. Chaney agreed with Mr. Sims and was interested in seeing the CRA and the City utilize as many small and minority contractors as possible to send a message they are willing to work with them to develop their businesses. He acknowledged there was an annual window to submit, and he was in support of the annual window remaining open for those businesses to submit proposals or information. He expressed concern about the gang violence issue. He has not seen the City or the board addressing the issue. He was at a meeting in Lake Worth that brought in various organizations to work with youth and parents. Chair Tillman explained they called for a summit under F.S. 163. Last week they held a meeting and no elected officials showed up. Under the purview of the CRA, they can hold their own summit. This was submitted to the City Commission who did not act on it. The contacts were made and the CRA did all it could. 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Rev. Chaney agreed and recognized a strong message should be sent that the matter was still an important issue. With the impending opening of Muvico, there was a greater propensity for something to occur in Boynton Beach, and there was a responsibility to address it. Rev. Chaney also spoke about the Cherry Hill residents. The original HOB plan was to move into Phase II in Cherry Hill. He thought it was important to gather as much information as possible about what would happen to those residents. He explained the residents were being displaced and the impression was the City is not welcoming low-income individuals. Ms. Horenburger announced the entrance to the CRA area was not appealing. She suggested erecting signs in the north and south side of Federal Highway and Boynton Beach Boulevard to define the CRA area. Chair Tillman explained they met with the Arts Commission liaison and identified five sites at the entrances of the CRA area. In the meanwhile, staff would provide landscaping and color scheme changes. Ms. Horenburger noted there was a legislative proposal having to do with seniors making less than $25K can get an additional $25K homestead. She thought the lobbyist should be supporting the measure. XV. Adjournment Motion There being no further business to discuss, Rev. Chaney moved to adjourn. Vice Chair Norem seconded the motion that unanimously passed. Meeting adjourned at 10: 17 p.m. QiWJJL1;W C1>>tlJ - ~kuW!M1 Catherine Cherry-Guber~an Recording Secretary 041907 16