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Minutes 08-11-09 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON AUGUST 11, 2009, AT 6:30 P.M., IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Lisa Bright, Executive Director Woodrow Hay, Vice Chair Shana Bridgeman, Attorney Jose Rodriguez Marlene Ross Ron Weiland I. Call to Order – Chair Jerry Taylor The meeting was called to order at 6:30 p.m. II. Pledge to the Flag and Invocation Vice Chair Hay offered the invocation followed by the Pledge of Allegiance to the Flag. III. Roll Call The Recording Secretary called the roll. IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Chair Taylor requested Item E. "Women's Circle" be discussed before Item A. "Downtown Master Plan Update," under XI. "Old Business." This would allow the students in the audience who were involved with the Women's Circle to leave earlier to attend classes. There were no objections by the Board. B. Adoption of Agenda Motion Vice Chair Hay moved to approve the agenda as amended. Ms. Ross seconded the motion that passed unanimously. V. Announcements & Awards None 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 11, 2009 VI. Consent Agenda: A. Approval of Minutes – CRA Board Meeting – July 14, 2009 B. Approval of Period Ended July 31, 2009 Financial Report C. Monthly Procurement Purchase Orders - None Motion Vice Chair Hay moved to approve the agenda. Mr. Weiland seconded the motion that passed unanimously. VII. Pulled Consent Agenda Items: None VIII. Information Only: A. CRA Policing Activity Report for the Month of July 2009 and District Statistics for the Months of June and July 2009 B. Public Comment Log Monthly Update - None C. CRA Media D.Economic Development Activity Report Mr. Rodriguez thanked staff for adding the "outcome" column to the report. The report reflected 100 people had attended the "Downtown Merchant Mingle" on July 20, 2009. In addition to attracting attendees, Mr. Rodriguez believed one of the CRA's anticipated goals was for the merchants to utilize the services provided by the CRA. This had not been reflected in the report. Chair Taylor pointed out the merchants had been provided a list of the services available through the City, CRA, and Chamber of Commerce, and there would be no way to determine their interest until responses were received. Vivian Brooks, Assistant Director, indicated the only tool currently offered to the businesses by the CRA was the façade grant, and applications submitted for the grant would be presented to the Board for approval. A Small Business Development class would be offered during the next fiscal year and attendee lists would be attached to the report at that time. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 11, 2009 Lisa Bright, Executive Director, noted of the 100 attendees, 47 owned businesses in the CRA district. Armelle's Supermarket was utilizing the design services of REG Architects, and the market would be expanded to include fresh vegetables and flowers. Staff was working with the City to determine whether Code issues could be resolved with the market. Scully's Restaurant had previously received a façade grant and as such, would not be eligible for another five years. Ms. Ross believed many of the merchants who had signed up to partake in available services were interested in utilizing the CRA's video marketing program to promote their businesses. Margee Walsh, Marketing Director, indicated approximately 10-15 business owners had signed up at the event for the video program and approximately 75 had been taped to date. IX. Public Comments: (Note: comments are limited to 3 minutes in duration) Mark Karageorge, 240A Main Boulevard, noted he had received positive feedback on the "Downtown Merchant Mingle." A number of the merchants had expressed delight in the CRA's video program which was free of charge. Conversely, Comcast had approached Kevin Scully, offering an on-camera interview at a charge of $1,500. In response to ongoing requests of the business community, the event had established that the City, CRA and the Chamber were partnering to retain and assist businesses and develop new businesses in the CRA district. Evangeline Mack-Sullivan, co-owner and operator of Rubie's Beauty Center, noted she had been subleasing a portion of the Sims Barber Shop and had been paying $160 per week to Mr. Sims. She inquired why she would be paying this amount to the tenant when the CRA owned the property. Mike Simon, Development Manager, advised the CRA had been leasing the property to Mr. Sims at an annual rate of $10. While the terms of the original contract allowed Mr. Sims to sublet the property, the Board was not aware the subtenant had been leasing the premises for $160 per week. At the last meeting, the Board had discussed a lease renewal with the barber shop. The Board had taken action to continue the original lease with Mr. Sims at the rate of $10 annually, with the understanding that the lease would be on a month-to-month basis. In this way, the City could move forward to expand Sara Sims Park when it was deemed appropriate to do so. Mr. Rodriguez suggested the action taken by the Board be reconsidered. The Board agreed, and staff was directed to place the item on the next agenda for reconsideration. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 11, 2009 Sister Lorraine Ryan, of the Women's Circle, noted several projects significant to the Women's Circle had been identified in the packets provided at the August 10, 2009 budget workshop. She requested the Board's consideration of the projects. John McGovern, 2620 Spiceberry Lane, noted a good deal of funding had been spent on the downtown restoration. Pursuant to studies made, he believed it defied logic to assume that the envisioned end purpose of the Old High School had not been defined. He believed the Old High School should be saved, and felt the issue should be turned over to an advisory board. No one else having come forward, public comments were closed. X. Public Hearing: Old Business: New Business: XI. Old Business A. Downtown Master Plan Update (TABLED July 14, 2009) Motion Vice Chair Hay moved to remove Item A from the table. Ms. Ross seconded the motion that passed unanimously. Staff presented a video reflecting the accomplishments and revitalization of the CRA district beginning in 2006, and the Board's direction for staff to create the Downtown Master Plan. A second presentation was made reflecting CRA-funded projects and private development projects that were either completed or underway. Ms. Bright reviewed the Five-Year Action Plan which included the following projects: ?Land assembly. ?Civic Campus Development program for the western end of Ocean Avenue. ?Establishment of an Enterprise Zone, which was underway. ?Brownfield Designation, which would be discussed this evening. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 11, 2009 ?Density bonuses, which had already been offered. ?Green building incentives. ?Community policing, which was underway. ?Historic structure inventory. ?Streetscape enhancement programs. ?Federal Highway gateways and parks. ?Expanding way-finding signage. ?Infrastructure upgrades. ?Downtown trolley route. ?Downtown parking deck. ?Downtown promotions and programmed events for marketing. With regard to the Civic Campus Development program for the western end of Ocean Avenue, it was hoped monies could be obtained from the Federal Transit Administration for Transit Oriented Development (TOD) assembly. With regard to green building incentives, staff was attempting to quantify building green, and it was believed this issue would be presented to the Board within the next few months. Ms. Bright reiterated a number of the projects would be completed prior to the five-year deadline. As the matter had been tabled for the last several months, staff sought direction from the Board in the event the Board felt a specific project or the redevelopment program was not being addressed by staff. Mr. Rodriguez commended staff for the format used in preparing the "Goals and Guiding Principles of the Downtown Master Plan" and was pleased the creation of a cultural center and preservation of the historic fabric of the community had been included. Mr. Rodriguez felt the Community Committee established at the request of Vice Mayor Hay had been working well. He recommended a community committee be established to focus on the downtown area and the Goals and Guiding Principles. Ms. Bright pointed out that the Community Committee was all inclusive and comprised a broad spectrum of individuals from Districts II and III, as well as outside the CRA 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 11, 2009 district. While the Committee had been focusing on Heart of Boynton initiatives, an agenda could be developed for a forum to include the downtown area. Chair Taylor believed that while the Community Committee had originally been established for the Heart of Boynton, it had grown and currently encompassed the entire CRA area. Rather than forming another committee, Mayor Taylor felt the information should be shared, and feedback provided to the Board. Mr. Rodriguez was agreeable with allowing the existing committee to continue, provided the scope could be expanded to include the downtown area, and that this be emphasized at the next meeting. Mark Karageorge, 240A Main Boulevard, remarked it was the intent of the Community Committee to attract businesses to the downtown area, to enhance the marina, maintain CRA policing and continue the work on the Downtown Master Plan. The Committee was no longer focused solely on the MLK corridor and Heart of Boynton, but rather on the entire CRA area. Ms. Ross was in favor of the suggestion that the Board provide input on the agenda relating to the Downtown Master Plan. Ms. Bright noted staff had worked with the attorney to ensure the process had been followed properly. The meetings were noticed, agendas were provided and minutes were taken. Ms. Bright would ensure the Downtown Master Plan's Five Year Action Plan would be included as an agenda item for future meetings. With regard to Item 4 of the Five Year Plan, "Preserving the historic fabric of the community," Ms. Ross noted while the City did not have a historic preservation ordinance in place, she recalled the Commission had taken action for an ordinance to be developed. She wanted to ensure the CRA was aware of this, as she believed the historic properties in the City would benefit from such an ordinance. Mr. Rodriguez mentioned it had been discussed at a recent City Commission meeting that conflicting feedback had been received from the Community Committee. As such, it had been requested a spokesperson be appointed. Ms. Bright explained this had not been accomplished as there had been no subsequent Community Committee meeting. However, the matter would be placed on the agenda. B. Heart of Boynton Strategies – Consideration of hiring a Project Manager (TABLED July 14, 2009) Motion Vice Chair Hay moved to remove Item B from the table. Mr. Weiland seconded the motion that passed unanimously. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 11, 2009 Mr. Weiland noted staff had been doing an excellent job, and he would not favor hiring a project manager. Motion Mr. Rodriguez moved to deny. Vice Chair Hay seconded the motion that passed unanimously. C. Consideration of recommending a brownfield designation within the CRA Staff had budgeted $20,000 in the current budget year for the designation, as there had been no support at the Commission level. Representatives of the Chamber of Commerce requested the item be reconsidered for properties within the CRA district having commercial, industrial or mixed-use land use categories. A map reflecting the designated brownfield areas and a resolution for the Commission's consideration were included with the meeting materials. Staff recommended approval to the City Commission of the resolution and map. Ms. Ross inquired whether anyone in the audience wished to offer comments. th Nancy Chandler, 914 NE 7 Street, believed people whose property values could be affected should be notified of the designation. In addition, she was not certain the opt- out clauses applied to commercial land uses and suggested a legal opinion be obtained. Ms. Brooks noted that State Statutes required notice of a brownfield designation be provided to property owners. Any property owner, whether residential or commercial, could opt out if they chose to do so. Property owners could choose to opt in and would be required to appear before the Board in such instance. Motion Vice Chair Hay moved to approve the brownfield recommendation. Ms. Ross seconded the motion. Mr. Rodriguez noted he would vote against the motion as he wished to leave the matter to the City Commission for its decision. The motion passed 4-1 (Mr. Rodriguez dissenting). th D. Review of Contract Options for 12 NW 10 Avenue - Brandom 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 11, 2009 Ms. Brooks advised the contract had previously been approved by the Board. The appraisal of the property set the value for the land at $90,000, and the structure had no value as a result of its deteriorated condition. The asking price was $170,000. Mr. Brandom was provided with a copy of the appraisal and countered with an offer of $110,000, with closing costs to be paid by the CRA. Ms. Bright believed the closing costs would not exceed $5,000. The property was subject to City Code Enforcement liens. The liens could be removed by the City as the property would be given to the City to expand Sara Sims Memorial Park. As the CRA is currently under contract with Mr. Brandom, it would be necessary to cancel the contract and then respond to his counter offer. Ms. Brooks indicated the property was a "crime nest." Motion Vice Chair Hay moved to cancel the contract for $170,000. Mr. Rodriguez seconded the motion that passed unanimously. Motion Vice Chair Hay moved to move forward with the $110,000 proposal. Chair Taylor passed the gavel and seconded the motion. Mr. Rodriguez commented the Board had taken a strong stance on not overpaying for properties and would be setting a precedent by accepting Mr. Brandom's counter offer. He felt the land would only decrease in value and believed the owner would accept the appraised price of $90,000. As such, he would not vote for any amount over the appraised value. Mr. Weiland would offer the sum of $90,000 and closing costs. Ms. Ross felt an offer of $90,000 was reasonable. Vice Chair Hay felt the property was a nuisance as well as a safety hazard. As such, he hoped the Board would take action to rid the City of the property and help the community at the same time. Substitute Motion Mr. Rodriguez moved that the Board offer Mr. Brandom the appraised value of $90,000 plus closing costs. Mr. Weiland seconded the motion. Chair Taylor was in favor of accepting Mr. Brandom's proposal of $110,000. The purchase of the property would allow the CRA the opportunity to clean up MLK Boulevard. He did not believe the Board members would sell their homes at a value set by an appraisal. 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 11, 2009 Keturah Joseph, Boynton Beach CDC, felt the Board should take advantage of the opportunity to take possession of the property and rid the community of the illicit activities occurring in the Heart of Boynton. Sgt. Joseph DeGiulio, Boynton Beach Police Department CRA Policing Unit, indicated the area in question was riddled with crime, facilitated drug activity and impeded the ability of the police to identify "sellers" and "users." The buildings had not been maintained, represented safety issues and were occupied by vagrants and squatters. Ms. Ross and Mr. Weiland felt the Board should negotiate further with Mr. Brandom. Mark Karageorge, 240A Main Boulevard, noted foreclosure measures were implemented to motivate the property owner to sell so that the neighborhood could be cleaned up. Crime and quality-of-life issues were the chief priority of the citizens committee. Chair Taylor could not believe the Board would pass up the opportunity to clean up a crime-infested area in order to save $20,000. Herb Suss, 1711 Wood Fern Drive, agreed a message should be sent to the Heart of Boynton and the area should be cleaned up. The substitute motion to offer $90,000 plus closing costs passed 3-2 (Chair Taylor and Vice Chair Hay dissenting.) E. Women's Circle 1. Consideration of funding Women's Circle $100,000 for purchase of facility 2. Consideration of entering into a mortgage and note with the Women's Circle in the amount of $100,000 Item E was addressed directly before Item A. under New Business. Sister Lorraine Ryan explained the Women's Circle was requesting funding in the amount of $100,000 for the purchase of the building. She provided an informational packet that included the Women's Circle's mission statement, a photograph of the property and an explanation of the property's intended use. It would be the responsibility of the Women's Circle to bring the property up to Code. Applications would be made for a parking variance and permits for the necessary modifications. While the Women's Circle preferred the funding be made in the form of a grant, Sister Lorraine understood it was the desire of the CRA that funding be provided in the form 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 11, 2009 of an interest-free loan. The Women's Circle had reviewed a draft of the loan agreement and was in agreement with its terms. In view of the Women's Circle's ongoing services to the community, Sister Lorraine requested the agreement contain a stipulation specifying that if after 10 years a larger facility were needed within the CRA th district, the building located at 912-914 SE 4 Street could be sold, and reimbursement of the $100,000 to the CRA would be waived. The Board would not address this request. Chair Taylor explained the Board had previously approved funding the Community Caring Center in the amount of $200,000 to assist the Center in the purchase of a larger facility. The Community Caring Center shared space with the Women's Circle and has requested half of the funding, $100,000, be provided to the Women's Circle to purchase the facility. The Women's Circle was currently operating in 620 square feet of space, and the larger facility would double the square footage. Sister Lorraine noted the property to be purchased was not located in the Heart of Boynton. However, most of the clients would be able to walk to the facility, which was within the CRA district. Motion Mr. Weiland moved to approve funding the Women's Circle in the amount of $100,000. Vice Chair Hay seconded the motion. Mr. Rodriguez inquired whether an appraisal of the property would be obtained. He believed this was necessary to secure the equity to the CRA as the lien holder. Ms. Bright articulated the opportunity had been presented to staff by the Women's Circle and as staff had not been involved, there had been no need to secure an appraisal. In addition, the issue of an appraisal had never been addressed by legal counsel. Substitute Motion Mr. Rodriguez moved that the Board approve the funding to the Women's Circle for the purchase of the facility, with the contingency that staff be provided with an appraisal for at least $100,000. Ms. Ross seconded the motion. Sister Lorraine was not certain an appraisal had been obtained. She noted the Women's Circle would not be seeking a loan for the $169,000 needed for the required property improvements. Vice Chair Hay felt it would be unfair at this time for the CRA to bear the expense of the appraisal and felt Legal should have realized this earlier. Mr. Rodriguez expressed discomfort in approving the request without securing the taxpayers' equity in the property. He believed the Women's Circle should be responsible for the cost of the appraisal. The substitute motion passed unanimously. 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 11, 2009 Motion Ms. Ross moved to enter into a mortgage and note with the Women's Circle in the amount of $100,000, with the contingency that the appraisal come in at $100,000 or higher. Vice Chair Hay seconded the motion that passed unanimously. Chair Taylor clarified the Women's Circle would be providing the appraisal. Upon submission to the CRA of the appraisal reflecting the property's worth to be at least $100,000, the funding would be available to the Women's Circle. F. Consideration of Trolley Service Contract Renewal Susan Harris, Finance Director, advised if the Board did not take any action by August 15, 2009, the contract would renew for a three-year period at hourly rates to be negotiated with the contractor. Over the last few years, the CRA had made a number of modifications to the contract and Molley's Trolley had always been more than willing to work with the CRA. As a result of the severe economic decline, Molley's Trolley has offered a substitute contract which would include a change in the term from three years to three one-year terms, with an option to terminate annually. The notice period had previously been changed to 45 days, and the vendor would accept this provision under a new contract. The cancel percentage would be adjusted to 28.5% (120 hours), which would benefit the CRA. The adjustment would also include a change from four to seven major holidays. The vendor was also requesting a gas escalation clause and a maintenance buyout. If the contract were to be cancelled during the three-year period, the CRA would be obligated to reimburse the vendor in the amount of $20,000 for maintenance performed. Option 3 calls for the renewal of the current contract or a new contract with the southern routes added for an additional cost. Option 4 called for the renewal of the current contract or a new contract, with the elimination of Saturdays, for a savings of $67,000. Chair Taylor favored Option 4 providing for the new contract as described by Ms. Harris. The contract would provide service for the north route only and would eliminate Saturdays. Mr. Weiland preferred a version of Option 4, with the elimination of one day, saving $67,000, and adding $45,000 for Option 3, with the addition of two days and the southern route. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 11, 2009 Ms. Harris reminded the Board if the southern routes were reintroduced at this time, the amount of revenue could not be determined. The southern route, as well as the issue of Saturday service could be revisited at the end of September. In response to the inquiry of Ms. Ross, it was noted the Shopper Hopper service currently remained in the budget. However, it would be determined in September whether the service would remain or be cut from the budget. Pursuant to the request of Mr. Rodriguez, it was verified the Board could approve the item at this meeting and, prior to the approval of the budget, could include the southern route and Saturday service. Motion Mr. Rodriguez moved to approve Option 4. Mr. Weiland seconded the motion that passed unanimously. XII. New Business: None XIII. Future Agenda Items A. Consideration of GreenCentive Addendum to Direct Incentive Funding Program B. Property Exchange between CRA and City XIV. Comments by Staff Kathy Biscuiti, Special Events Manager, commented the CRA was a member of the Florida Festivals and Events Association, and the annual awards were held recently. She had submitted several photographs taken at various events, and the CRA was the th recipient of an award for a photograph of the police taken on the 4 of July. Mike Simon, Development Manager, advised the CRA Policing Unit was hosting a Teen Academy, noting Sgt. DeGiulio would provide further details. Sgt. Joseph DeGiulio, Boynton Beach Police Department CRA Policing Unit, added the Unit was currently hosting a Teen Academy at Intracoastal Park, partnering with the Crime Prevention Unit and Community Action Team. The Academy emphasized teamwork and leadership, with the hope of fostering better relationships with the community's youth. Mr. Rodriguez inquired whether Stacey Robinson, of the Youth 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 11, 2009 Violence Prevention Program had been contacted. Sgt. DeGuilio responded Officer John Huntington had contacted local schools as well as the Youth Violence Prevention Program center to enroll the teens in the Academy. The event was Citywide and served 25 teens. Sessions included the following: ?August 10, 2009: Instructions on the Unit's canine operation, bike training, gang awareness and CPR (Cardiopulmonary Resuscitation). ?August 11 2009: A S.W.A.T. (Special Weapons and Tactics) demonstration, building searches and a crime scene workshop. ?August 12, 2009: A discussion on traffic stops, an orientation of the Traffic Unit and an internet safety class. ?August 13, 2009: A ropes course in Tequesta. ?August 14, 2009: An obstacle course and graduation. Sgt. DeGiulio looked forward to hosting an event for winter recess. XV. Comments by Executive Director It had been noted at the August 10, 2009 workshop that the automobile allowance amounted to $450 for the City Manager and Assistant City Manager. Ms. Harris verified that the automobile allowance for the CRA Director and Assistant Director were equivalent to that of the City Manager and Assistant City Manager. Ms. Bright referred to comments made by members of the CRA Community Committee regarding CRA staff. As a result, Senator Christopher Smith had requested a meeting with Chair Taylor and Ms. Bright regarding Heart of Boynton issues. Chair Taylor and Ms. Bright met with Senator Smith and responded to all of his questions. A review was made of the CRA's redevelopment efforts and history of the economic development program. Thereafter, pursuant to Senator Smith's request, Ms. Bright attended the Economic Development Stimulus Workshop and responded to all queries. It was the intent of CRA staff to ensure every citizen had the opportunity to receive the free monies offered by the CRA. XVI. Comments by CRA Board Attorney None XVII. Comments by CRA Board 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 11, 2009 Ms. Ross requested an explanation relating to the letter from James L. Oberstar, Chairman of the Committee on Transportation and Infrastructure, advising that Florida had fallen far behInd other states in utilizing the Recovery Act highway formula funds. Ms. Bright explained Governor Crist had been holding the Federal Stimulus funds. However, she believed Eric Eichenberg, Chief of Staff aide to President Obama, personally telephoned the Governor requesting the funds be released. In response to the request of Ms. Ross, Ms. Brooks advised she had spoken with Dr. Rose on August 10, 2009, and the non-profit community clinic would be occupying 5,800 square feet of space at Yachtsman's Cove. Chair Taylor noted September 9, 2009 would be the last CRA Board meeting to be held prior to the 8ty!s CRA's final budget hearing of September 29, 2008. The Board had not provided direction to Ms. Harris at the August 10, 2009 workshop as to the scenario to be utilized by the Board. Chair Taylor, therefore, suggested direction be provIded to Ms. Harris at the September 8, 2009 CRA meeting. The Board concurred. XVII. Adjournment There being no further business to discuss, the meeting properly adjourned at 8:19 p.m. J.y. ... D<-. Stephanie D. Kahn Recording Secretary 081209 14