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Minutes 11-10-09 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING TUESDAY, NOVEMBER 10, 2009 AT 6:30 PM CITY COMMISSION CHAMBERS, BOYNTON BEACH, FL PRESENT: Jerry Taylor, Chair Lisa Bright, Executive Director Woodrow Hay, Vice Chair Jim Cherof, Board Attorney Jose Rodriguez Marlene Ross Ron Weiland I. Call to Order - Chairman 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. A quorum was present. IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Mr. Rodriguez recalled a previous discussion regarding an action tracker of downtown activities. Ms. Bright agreed to bring some type of tracker to the next meeting. Mr. Rodriguez requested an update regarding the Heart of Boynton/Downtown Committee. Ms. Bright reported the Community Committee met just before the October meeting. Some Board members were present. Since only notes were taken, she indicated she would forward them. A representative from one of the groups was not pleased with the decisions made by the Community Redevelopment Agency Board regarding Martin Luther King Drive. The staff was currently implementing the Board approved $1.6 million program from May 10th and although some of the items were on the agenda she agreed to provide further information if it was the consensus of the Board. The meetings were not held regularly. Mr. Rodriguez requested a regular report. The meetings were for staff to inform the Committee what the Board was doing and receive input. If there was an issue for staff to bring back to the Board, staff would do so. The meetings were open to the public and Board members were welcome to attend. 1 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 10, 2009 Ms. Bright recalled staff was already publicly noticing the meetings and the notice and agendas were provided to the Board members. A brief overview would be provided to the Board. The last meeting; however, was only noticed three days before the meeting. It was noted the meeting was packed. Statistically, 2.3 meetings were held per month to provide input. One individual was unhappy with the progress the Board made, and the notes will be provided. Chair Taylor would make an announcement on the Florida Redevelopment Association Awards under Announcements, Item C. B. Adoption of Agenda Motion Mr. Weiland moved to approve the agenda. Vice Chair Hay seconded the motion that unanimously passed. V. Announcements & Awards: . AHoliday Extravaganza Ms. Biscuit announced December 5, 2009 was the Holiday Extravaganza. The parade will take place on Federal Highway from SE 12th to Ocean Avenue. Information was forthcoming where the Board members would meet for the parade. At approximately 6:30 p.m., after the parade, the tree, menorah and kwanza displays would be lighted. Singer Gloria Gaynor would perform afterwards. Food and drink vendors would be available. Pets were not allowed and trolley service would be provided continuously from the Bank of America on Ocean and Federal Highway to the concert site. Anyone with a convertible was asked to contact the Community Redevelopment Agency to participate in the parade. Fire engines would be in the parade as well. B. Holiday Boat Parade The following Friday, December 11, 2009, was the Annual Boat Parade, commencing at the Boynton Inlet, travelling south to the C-15 Canal in Delray Beach. Food and drink vendors would be available. No pets were allowed and members were reminded the evenings get chilly and to bring a coat. Chuck Magazine, Risk Manager, Tim Burger, WIRK, a member from the Chamber of Commerce, and a member of the boating industry would judge the event. C. Florida Redevelopment Association Awards Chair Taylor travelled to Orlando on October 29, 2009 to be recognized by the Florida Redevelopment Association. The organization issues a 2009 Best book, which ranks achievements of the various Community Redevelopment Agencies. This year there were 147 submissions. Chair Taylor read from the publication, which disclosed the criteria used to select the award winners. The Boynton Beach Community Redevelopment Agency received the Best of the Best Award – the President’s Award in the State of Florida. The Community Redevelopment Agency was also recognized in two other categories – the Special Event category and for the “Out of the Box” category, which was the dumpster beautification project. Chair Taylor congratulated staff. 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 10, 2009 Vice Chair Hay commented the members attended the 100th Anniversary at the Woman’s Club, which was very well done. The Board had a table; however, some members did not attend. He urged the members let others know if they plan on attending the event up front, rather than have a table for 10 with only four people seated. Taxpayer dollars paid for the table. It was noted Ms. Ross emailed staff she had a prior commitment three weeks earlier. D. Consent Agenda: A. Approval of Minutes - CRA Board Meeting October 13, 2009 B. Approval of Period Ended October 31, 2009 Financial Report C. Monthly Procurement Purchase Orders D. Consideration of Funding $225 to Habitat for Humanity for Trolley Tour of Heart of Boynton Neighborhood Motion Ms. Ross moved to approve the agenda. Vice Chair Hay seconded the motion that unanimously passed. E. Pulled Consent Agenda Items: None. F. Information Only: A. CRA Policing Activity Report for the Month of October 2009 and District Statistics for the Months of September and October 2009 B. Public Comment Log Monthly Update . C CRA Media There were no comments received. G. Public Comments: (Note: comments are limited to 3 minutes in duration) Chair Taylor opened the floor to public comments. Barbara Ready, 329 SW 13th Avenue, spoke about the Old High School. She distributed an email regarding the 2011 Historical Preservation Grant from the Florida Department of State and requested the Community Redevelopment Agency allocate $25,000 for the matching grant. It was hoped the City Commission would also fund $25,000. The funds would be used to hire a professional to determine what needed to be done to update the Old High School and to underwrite the cost of the Historic Preservation Program they would like to implement. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 10, 2009 She also discussed the Downtown Master Plan. As a former member of the Steering Committee, she advised the plan met the community’s aspirations. The City recently received responses to an RFP it issued and only one of the respondents submitted plans that conformed to the plan. She requested the Community Redevelopment Agency uphold its mission statement and embrace the proposal. The grant applications would be reviewed March 22 and 23, 2010 and the deadline was December 18th; however, the City Commission did not have the funds to do so. It was also requested Ms. Bright review the four proposals and lengthy discussion ensued whether it would be appropriate for Ms. Bright to do so at this time. Mr. Rodriguez put it on record the Board had no interest in receiving a recommendation from Ms. Bright on the proposal that was on the table for the City Commission. Motion Mr. Rodriguez moved that the Board request the Executive Director evaluate the RFP that addressed the Downtown Master Plan and give a recommendation to this Board and the City Commission. The motion died for lack of a second. Victoria Castello, 406 S. Seacrest, expressed her displeasure with the Board and requested the Community Redevelopment Agency adhere to its Vision Plan. Chair Taylor closed the floor to public comments. H. Old Business: a. Consideration of Termination of Lease with Boynton Waterways Vivian Brooks, Assistant Director, explained the item was a formality. The Community Redevelopment Agency entered into a lease for the property at 222 N. Federal Highway with Boynton Waterways, a.k.a. The Promenade, to keep their sales trailer on site. The lease terminated in April but the trailer remained and they were paying rent. This created a tax liability for the Community Redevelopment Agency. Staff was recommending the Board formally sever the lease agreement. The developer was formally notified and agreed to end the lease. The Community Redevelopment Agency would recapture the monies it paid in taxes by not paying the developer the commensurate amount of TIF incentives. Motion Vice Chair Hay moved to terminate the lease with an effective date prior to December 1, 2009. Ms. Ross seconded the motion. The Community Redevelopment Agency would have to pay taxes for 2009, but the amount should be zero for 2010. Plans for the property would be discussed in the next agenda item. Vote There was a vote on the motion that unanimously passed. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 10, 2009 b. Adoption of Resolution Deeding Certain Portions of 222 N. Federal to the City for Public Right-of-Way Ms. Brooks explained in October 2002, when the Community Redevelopment Agency purchased the property, it was much larger. The design of the Boynton Beach Boulevard Extension took a portion of the property (the Relax Inn site). Through an interlocal agreement, staff was to draft a deed giving that portion to the City for the public right-of-way; however, it never occurred. Had it been drafted, it would have had a lower assessed value. This item was to correct the oversight from the prior director. Motion Vice Chair Hay moved to approve the resolution and approve the execution of the Quit Claim Deed transferring the property identified in Quit Claim Deed from the Community Redevelopment Agency to the City. Mr. Weiland seconded the motion that unanimously passed. Ms. Brooks explained under the Direct Incentive from the TIF funds, the Agency was required to file a Value Adjustment Board hearing request, which was done. The oversight was discovered while staff was researching the issue. A new survey was obtained and they received a reduction of 26% of the assessed valuation of the property for 2009, or about a $5,700 refund on the taxes for 2009. I. New Business: a. Consideration of Issuing an RFP for Eight Single-Family Lots in HOB Ms. Brooks explained when the item was discussed with the community regarding what they wanted to have, and plans were floated to the community regarding the Martin Luther King corridor. Over the years, the Community Redevelopment Agency acquired land both on the corridor and on 9th and 11th in preparation for the massive redevelopment. The Treasure Coast Regional Planning Council had studied how much retail the corridor could hold. It did not exceed 40,000 square feet. The Heart of Boynton Plan had two small sections zoned C-2 Commercial at Seacrest and MLK and Federal Highway and MLK. They had eight lots that were not commercial, nor were they recommended to be commercial in the plan. If the Board desired, the lots could be developed as new single-family infill housing. Staff brought the item forward for the Board’s consideration. The members discussed ownership of some of the nearby lots. When developing the area, there had been discussion that three to five acres was needed for a phase I development. Vice Chair Hay understood staff was land banking until such time as they could develop the strip from Seacrest and MLK to a portion of 9th on the east side of St. John Missionary Baptist Church. With the land the Community Redevelopment Agency owned, plus the Roberts property, the little church’s property, the five lots, plus what the City owned, there would be a large parcel. It was thought there would be development, but not single-family housing. Vice Chair Hay thought the concept of land banking should be continued until the market turned around. He did not think it was prudent to give it up now. Larry Finkelstein had stopped the development. The Board had declined to purchase two of the “King” properties in May at $50,000 each. Mr. Finkelstein subsequently purchased the lots. Through the Community 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 10, 2009 Committee, the Community Redevelopment Agency staff was attempting to purchase the Vilamarin property; however, the Committee did not want staff to purchase the property. Ms. Bright explained one of the challenges was the community’s frustration in that they did not get the commercial development and they needed the depth of those lots to accommodate some serious type of development. Additionally, since Mr. Finkelstein paid $70,000 for the lots, and they did not have the depth for the development needed, members of the community expressed frustration nothing was happening. Additionally, the Community Redevelopment Agency would now have to pay a minimum of $70,000 plus a profit for those two lots. Staff’s appraisal came in at $50,000 and the Board was not interested in purchasing those lots for what was being asked. When staff doesn’t purchase the land, it creates issues and in the future, the Board would have to deal with Mr. Finkelstein. Ms. Brooks noted they were obtaining a survey for the north side of MLK to 1st and there was an interested party looking to put retail there. The party was interested in about 20,000 square feet of retail space. The Roberts and the Church properties could have small retail space that could be used for incubator space. Staff could transition small operators from the Small Business Development Program they are starting in January. The full amount of parking spaces would not be required because MLK has a 50% parking reduction allowance. Part of the retail would be a grocery store, which would assist staff in obtaining tax credits, and bolster the Ocean Breeze East and West projects. It was noted that area was the only area to develop commercial property in the Heart of Boynton. Discussion followed whether the Board should wait to develop the area or take more immediate action. It was noted one property owner, Ms. Bell, wanted $1 million firm for her property. Mr. Barry was also not interested in selling. There was discussion at what point they should move forward. Land banking meant waiting to acquire land and holding it. Staff needed policy direction. Willie Aiken, 726 NE 1st Street, Boynton Beach, spoke about the north corner of Seacrest and MLK Boulevard. At 11th, there were two parcels that needed to be purchased in order to locate the retail there. He inquired what happened to the concept. Ms. Brooks explained they could not get the owner to sell. Staff approached the developer with what they had to work with and was advised they were obtaining a survey. It was possible the developer could still develop there because the City abandoned the alley, which provided an additional 7.5 feet. There was discussion about land swapping in the area. The Community Redevelopment Agency owns five lots on 9th Avenue. Staff would need eight more lots; however, the owners of those lots were unwilling to sell. Ms. Brooks had spoken with one owner there who was not interested and three of the properties were homesteaded. The developer can squeeze in 20,000 square feet on the north side of MLK to the alley. It was noted there was no demand for retail space on the south side. Ms. Brooks sent information to the Literacy Coalition of Palm Beach and showed them a vacant site which could accommodate a new 20,000 square foot headquarters, and would create jobs. The Ocean Breeze East area was also an option since they needed to be on a Palm Tran route. Discussion followed about how to proceed. Chair Taylor advised he could go either way, and acknowledged Vice Chair Hay’s thoughts to land bank. Mr. Weiland thought the likelihood of a large scale development occurring within the next five to ten years was unlikely. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 10, 2009 Mr. Rodriguez felt this was the best time to redevelop. He recommended moving forward with an RFP and evaluating it. Vice Chair Hay could consider moving ahead with the RFP but requested hearing from the other speakers. Victor Norfus advised many individuals want to sell, but do not want to sell for the price the Community Redevelopment Agency wants to pay. Residents find out the going rate and hold out. He agreed staff should land bank, but did not want to rush things since the Master Plan was not agreed to. He thought the land could support a business incubator and advised the residents wanted to see something. The community was restless because nothing was being constructed. He reiterated there are start-up businesses that could benefit from a successful incubator, but advised not to construct a bunch of Habitat homes. He thought some retail should be constructed. Mr. Rodriguez left the dais at 7:39 p.m. Mr. Norfus indicated staff may have to pay more or wait longer, but staff should give hope and inspiration. Motion Vice Chair Hay moved to direct staff to prepare an RFP for the January 2010 agenda with the desired outcome included in the language of the RFP. Ms. Ross seconded the motion that unanimously passed. (Mr. Rodriguez not present for the vote.) b. Consideration of Reinstating Community Meeting Grant Program Ms. Brooks explained this item was a recommendation from the Community Committee. Although the Carolyn Sims Center was open, neighborhood associations had to pay for meeting space, which was problematic. This item would reinstate a program the Board had last year, which would allow the organization to come in and apply for assistance with paying a fee to the City to meet at one of the City’s facilities. The funding was reprogrammed from a District III event to this program. Mr. Rodriguez returned at 7:42 p.m. Ms. Bright felt that If the program was reinstated, the Board would be pleased. The organization signs that they are liable for damages incurred to the facility. Motion Vice Chair Hay moved to approve the reinstating of the HOA Meeting Grant. Ms. Ross seconded the motion. Staff recommended covering the cost of the program. It was noted staff holds 21 events on Ocean Avenue, and since the community wanted the program, this was the best way to fund it. After discussion, it was agreed the funds should come from the contingency account, so an event could be held on the south end of town. It was noted the Board had approved holding an event on the south end of town during the Budget Hearings. The amount to cover the 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 10, 2009 community meetings was $5,000 and each group could not exceed $1,500 annually. When the program was instituted two years ago, about $3,500 was expended for the year. Motion Mr. Rodriguez moved to pay for the program from contingency rather than taking $5,000 that was set aside for District III event. Mr. Weiland seconded the motion. Vote There was a vote on the first motion to approve the programs. The motion unanimously passed. Vote There was a vote on the second motion to use funds from the contingency account. The motion passed 4-1. (Chair Taylor dissenting.) c. Consideration of Economic Development Programs 1. Rent Subsidy 2. Signage Improvement 3. Tenant Improvement Ms. Brooks explained this item was brought back at the request of a Board member. She explained some buildings were constructed in the 1920s. Areas that have older commercial corridors have high vacancy rates and a migration from older areas to newer areas, such as Congress Avenue, occurs. Delray Beach instituted this program and experienced a high rate of success. The program encouraged new or existing business to occupy previously vacated space, and they would assist the business to become established over the next 12 to 18 months by paying a portion of the rent to the landlord for a limited amount of time. Discussion followed something needed to happen to draw attention to the downtown. In Delray Beach, the program was limited to a specified area. Additionally, some municipalities limit the assistance to certain kinds of businesses that are compatible with the vision of the downtown. It was noted the lease amount should exceed the subsidy, and it was recommended a multi-year lease be used. Staff also analyzed the businesses and their financial stability. Applicants should have a business plan with a five-year financial forecast within it and two years of tax returns as well. Staff could geographically limit the subsidy to types of businesses. The Delray Beach Community Redevelopment Agency budgeted $25,000 for the program this year. Ms. Bright believed the CDBG and HOB areas would probably be the most strategic area to implement the program, but after speaking to several successful Congress Avenue retail owners, it was learned rent subsidy up to three months and tenant improvement funding up to $2,500 was already being provided. If an applicant received rent subsidy, they might not be receiving Tenant Improvement. Ms. Bright believed EPOCH Properties and Woolbright Development needed assistance to entice businesses there. There was no federal funding for small business assistance available in any of the stimulus plans. The program could be implemented as a pilot program through August of 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 10, 2009 next year. To spur the type of small business development that was needed in the downtown area, staff had to try something creative. Barbara Ready , 329 SW 13th Avenue, spoke as Chair of the Arts Commission. She indicated, in reference to the signage improvement program, that the Arts Commission would be interested in being involved in the process as the signage could have art features. She also thought incentivizing was great because it would assist with attracting artists to the area. Ms. Brooks explained there was a small business assistance approved line item of $50,000 which could be split among the three programs. Motion Mr. Weiland moved to approve consideration of the economic development program items 1, 2 and 3. Ms. Ross seconded the motion that unanimously passed. D.Launching of CRA Downtown Google Map Margee Walsh, reviewed the site. The Community Redevelopment Agency’s webpage was updated. Mr. Weiland left the dais at 7:58 p.m. Staff was ahead of the curve in reference to social media tools. Last year they implemented virtual tours. The site was easy for residents., business owners and developers to maneuver. The idea was to create Boynton Beach as a destination. All 500 businesses are listed on the map but only 62 have videos. All 62 of them have their contact information listed. Mr. Weiland returned to the dais at 8:02 p.m. The philosophy between marketing and branding was to appeal to people in the country and state. For newcomers who were not familiar with the downtown, it was easier to divide the area into districts. The Community Redevelopment Agency District divided businesses into five categories that individuals could search. Mr. Rodriguez suggested indicating what districts were considered the downtown. The concept was to market Boynton Beach. The CRA linked their site to the Florida Visitor’s Bureau and were running ads, editorials and press releases to foster development. Mr. Rodriguez and the members thought Ms. Walsh did a great job. th . EConsideration of Purchasing Hollis Property Located at 111 NW 6 Avenue in the Amount of $90,000 Mr. Simon presented the request. Over the past two years, staff has been engaged in discussions with the Hollis’ to try to purchase property that was adjacent to the Ocean Breese West site. In June of 2009 it was appraised for $90,000 and the owners agreed to sell it for that price. Staff recommended approving the purchase. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 10, 2009 Motion Vice Chair Hay moved to approve the purchase at $90K. Mr. Weiland seconded the motion that unanimously passed. E. Consideration of Entering into a Lease Agreement with Hollis Mr. Weiland inquired about the need for a lease for $10. Mr. Simon explained the action was similar to the action taken regarding the Jones property. Aside from the tax liability, the family needed time to find another home after the Community Redevelopment Agency purchased it. Staff could not offer more than the appraised value of the property and it might offset some of the rental they may need to find another home. It was a deal sweetener. Any property acquired that involves home ownership, as opposed to commercial ownership, would be handled in a gentler manner. The tradeoff between acquiring the property outweighed what they would lose in taxes. The structure was given zero value from the appraisal. The only value it had was the land. Motion Mr. Weiland moved to approve. Vice Chair Hay seconded the motion that unanimously passed. J. Future Agenda Items a. Consideration of GreenCentive Program K. Comments by Staff Ms. Biscuiti provided an invitation earlier in the meeting, which was for the sponsor/hospitality area for the Holiday Extravaganza. Members were requested to limit their parties to a maximum of six guests, including themselves. She requested the members RSVP. The regular VIPs would be invited and a list would be created and distributed and a “meet and greet” would occur before Ms. Gaynor performed. Ms. Brooks explained the Brandom property would be closing next week. Staff was closing on the CDC property and Ms. Roberts property; however, staff had to conduct a Phase II Environmental analysis of soil and water, which was passed. Ms. Brooks advised St. John Missionary Baptist Church had an interest in renting the property. Mr. Simon updated the Board on the Sims and Ruby leases, which were executed. Staff would move forward with making minor improvements to assist the business. The contractor changed over for the Shoreline Foundation to become the official contractor for the slip renovation, and submitted the paperwork. The project was ongoing since its approval and there was much behind the scenes activity occurring before the physical construction took place. A preconstruction meeting took place for the surrounding property owners. The target date for construction must coincide with the development of the prebuilt frames, and they anticipate dovetailing the start in December commencing with dredging work. 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 10, 2009 Mr. Simon also thanked the Board and his colleagues. As a professional in the industry, he acknowledged there was a certain pride that could be taken with the Presidential Award that was won. Many other entities work very hard, and it was a significant accomplishment that the City and citizens could be proud of. He was proud to be a part of it. Additionally, Ms. Bright spoke with Reverend Chaney regarding a lease agreement for office space, and whether he would object to the Police having a presence there on the evenings and weekends. Reverend Chaney was very agreeable. Staff would bring back proposals for the Board to decide. Ms. Walsh also distributed another handout. She indicated staff was ahead of the curve as far as tools for social media such as Twitter, Facebook, podcasts, etc. A video on the statistics and immense impact social media has was shown. A copy of the presentation is available at the Office of the City Clerk. Mr. Rodriguez left the dais at 8:28 p.m. L. Comments by Executive Director Ms. Bright spoke about the Community Committee and advised it was effective and provided for good dialogue between staff and the citizens. Staff follows up on the directions given. Ms. Bright reported the community was frustrated about Cherry Hill and advised staff could not develop those lots. She drafted a letter which will be sent to the Governor, every State Senator, and the Department of Housing and Urban Development. The U.S. Government is no longer in the land business, and they could not find anyone to discuss how to purchase the land from the Palm Beach County Housing Authority who controls the vacant parcels. The letter would be going out sometime next week and the letter would be signed on behalf of the Community Redevelopment Agency Community Committee. One of staff’s goals was to redevelop the lots. On a different note, Ms. Bright indicated she represented the region at the Urban Land Institute International Fall meeting conference. The Community Redevelopment Agency was well positioned and she advised if one was not in the Affordable Housing Business, they are not in any business. The Community Redevelopment Agency Board should be planning, with the current economy, to have Government as a partner in all real estate transactions. The commercial real estate market was expected to tank over the next three years and she thanked the Board for their insight in establishing the small business assistance subsidies. She recognized November 11, 2009 was Veterans Day, and she recognized staff’s favorite Air Force Veteran, Chair Taylor, who was also celebrating his birthday. M. Comments by CRA Board Attorney Attorney Cherof made three comments regarding real estate transactions moving forward. First, the Boynton Beach Faith Based Community Development Corporation transaction was a short sale. They did not have the funds to pay the taxes on the property, which were approximately $4,000. Board approval was needed to shift the cost to the Community Redevelopment Agency on the closing statement and pay the amount. Staff recommended the 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 10, 2009 request be approved in order to change that provision of the contract and initial it on the closing statement. Motion Vice Chair Hay moved to pay the $4,000. Ms. Ross seconded the motion that unanimously passed. (Mr. Rodriguez was not present for the vote.) Regarding the Brandom property, there were two Code Enforcement Liens, of which one was approximately $21,000 and the second about $1,500. He recommended going to the closing and taking the property subject to the liens because those could be resolved and reduced or completely extinguished. A motion to close subject to the liens was needed. Motion Vice Chair Hay moved to close. Ms. Ross seconded the motion, that unanimously passed. (Mr. Rodriguez was not present for the vote.) Betty’s Place, which was the Robert’s transaction, as they move to closing needed to have an environmental study. They just received the Phase II Environmental Report. They located a tank on the property although they do not know what was in it. Recommendations for additional evaluation were made. There would be an additional expenditure associated with excavating and determining what the tank is. It may involve permitting with the Department of Environmental Resources. Ms. Brooks explained there was no water or soil contamination revealed around the tank. Whatever it was did not leak and should not cause problems if they were to purchase the property as it pertained to contamination issues. Attorney Cherof commented if the Community Redevelopment Agency attempts later to develop the property, the issue would need to be dealt with at that time. The property was a former gas station. Attorney Cherof recommended following the recommendation of the environmental consultant which was to do further exploration of what the use of the tank was and possibly delay the closing to bring it back to determine how to deal with it. Ms. Brook would obtain an estimate. Motion Ms. Ross moved per NEF’s recommendation that further exploration be performed in the area of the underground tank and in an attempt to better evaluate the nature and content of the tank. Vice Chair Hay seconded the motion that unanimously passed. (Mr. Rodriguez was not present for the vote.) N. Comments by CRA Board None. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 10, 2009 O. Adjournment There being no further business to discuss, the meeting properly adjourned at 8:39 p.m. ~~'}\.L Qh>>.Jt Catherine Cherry 0 Recording Secretary 11/11/09 13