Minutes 01-12-10
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING
HELD TUESDAY, JANUARY 12, 2010, AT 6:30 P.M.
IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA
PRESENT:
Jerry Taylor, Chair
Woodrow Hay, Vice Chair
Jose Rodriguez (arrived 6:34 p.m.)
Marlene Ross
Ron Weiland
Lisa Bright, Executive Director
Jim Cherof, Board Attorney
I. Call to Order - Chairman Jerry Taylor
Chair Taylor called the meeting to order at 6:32 p.m.
II. Pledge to the Flag and Invocation
Vice Chair Hay gave the invocation, which was 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
Vice Chair Hay requested having a discussion regarding the MLK Banquet. The item
would be heard under Information Items, E.
Motion
Mr. Weiland moved to table New Business Item B, having to do with the Community
Caring Center. Mr. Weiland explained there were items to be worked out and he
wanted the opportunity to meet with staff. Mr. Rodriguez seconded the motion that
unanimously passed.
B. Adoption of Agenda
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 12, 2010
Motion
Vice Chair Hay moved to approve the agenda as amended. Ms. Ross seconded the motion
that unanimously passed.
V. Announcements & Awards:
A. Ocean Avenue Concerts
Ms. Biscuiti, Special Events Director, announced the Oceanfront Concerts were moved
to Ocean Avenue and renamed the Ocean Avenue Concert Series. The first concert
was Friday, January 15 and would feature "Bulldog Rock N Roll" band. There was
ample parking available, and there would be food and drink vendors on site. It was
noted some streets would be barricaded, thereby blocking vehicular access.
The Clydesdale Horses were also scheduled to be in Boynton Beach on Friday, January
22, from 3:00 p.m. to 7:00 p.m. The event was sponsored by the Banana Boat
restaurant and would feature a parade down Ocean Avenue, up to the Children's
Schoolhouse Museum. There would be photo opportunities at the museum. As the
procession left the restaurant, the road would be blocked. The event was strictly the
restaurant owner's endeavor; however, the restaurant owner desired to share it with the
City. Meetings were held with several parties, including the City, who were supportive
of the event. The event was a great family activity and would create positive press
coverage.
There were questions regarding the Ocean Avenue Concert sponsors, Rick Lococoa
and the Palm Beach Post. It was explained Mr. Lococoa was the developer of
Gulfstream Gardens. Currently, he had no ongoing projects in Boynton Beach and it
was he that approached staff about sponsoring the event.
B. Movies on the Avenue
The first Movies on the Avenue would be held on the first Friday of the month,
commencing in February and ending in June. Staff was able to obtain a large inflatable
screen, and attendees should bring blankets and folding chairs. Food anc~ drink
vendors would be on site. The parking had the same arrangements as the Ocean
Avenue Concerts. The first film to be aired would be "Hairspray", and the series was
intended to follow in the footsteps and have the same style as "Mama Mia."
VI. Consent Agenda:
A. Approval of Minutes - CRA Board Meeting December 8, 2009
Vice Chair Hay pulled this item.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 12, 2010
B. Approval of Period Ended December 31,2009 Financial Report
C. Monthly Procurement Purchase Orders
D. Approval of ILA to Reimburse City for Engineering and Design Expenses Related
to Seacrest Streetscape Project
Vice Chair Hay pulled this item.
E. Approval of Table at Chamber of Commerce Annual Recognition &
Installation Luncheon
F. Approval of Sponsoring the Palm Beach County Business Development
Board's 2009 Familiarization Program (FAM)
Mr. Rodriguez pulled this item.
G. Approval of Table at Chamber of Commerce Annual Dinner Dance
H. Approval of Commercial Fa<;ade Grant for South Florida Mastercraft
I. Approval of Commercial Fa<;ade Grant for Smithcase, LLC
Motion
Ms. Ross moved to approve the agenda as amended. Mr. Weiland seconded the
motion that unanimously passed.
VII. Pulled Consent Agenda Items:
A. Approval of Minutes - CRA Board Meeting December 8,2009
Vice Chair Hay noted the minutes referenced the Toys for Tots program. He inquired
how the program fared. Ms. Biscuiti responded the effort was successful, and they
received four times as many toys as they did last year. She anticipated the program
would continue to expand successfully in future years. Additionally the Marines, who
were available in their Sea Tow boats during the Boat parade, collected bags and bags
of toys from the parade participants.
Vice Chair Hay wished to clarify on page 7, regarding the brownfields, that the City
Commission and Community Redevelopment Agency Board were working from the
same map. There appeared to be some confusion about the map at one time.
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Community Redevelopment Agency
Boynton Beach, FL
January 12, 2010
One correction was noted on page 11 also pertaining to the brownfields. The tank in
question was 8' by 4' as opposed to 8" by 4".
Motion
Vice Chair Hay moved to approve the minutes as amended. Ms. Ross seconded the
motion that unanimously passed.
D. Approval of ILA to Reimburse City for Engineering and Design Expenses
Related to Seacrest Streetscape Project
Vice Chair Hay inquired about the timeframe for the project and what the u-turn design
would look like. Ms. Brooks responded the design had been approved, and there were
two u-turn bays on some of their lands. There were medians and only two u-turn bays
because of the medians. There were u-turn bays located on the east and west side of
their property which was located on 6th. When there was a turning area on a median, a
certain amount of turning radius is required. The Federal and County agencies
approved the design and formally approved the funding. The project was ready for bid.
The Community Redevelopment Agency was paying for the design, but since the
Florida Department of Transportation does not recognize the agency as a local provider,
the City designed the project since they were recently certified to do so. The request
was a formality to move the 'funds across agencies. Given the public right-of-way
constraints, the design was the best they could develop without narrowing the road.
Decorative lighting, landscaping and medians, public art and an area for pedestrians to
stand were planned. Ms. Brooks agreed to show the conceptual design to Vice Chair
Hay. It was noted later in the meeting that the timeframe for the project to be completed
was in the spring of 2011. The original target date for construction was March 2010.
Motion
Vice Chair Hay moved to approve. Mr. Weiland seconded the motion that unanimously
passed.
F. Approval of Sponsoring the Palm Beach County Business Devel6pment
Board's 2010 Familiarization Program (FAM)
Mr. Rodriguez inquired about the event and explained last year they support'ed the
event, which included a tour. He was not aware of the tour being offered this year. Ms.
Bright explained the event did include the tour which provided an opportunity to attract
business and development to Boynton Beach and throughout the County. Members of
the Board expressed the program was a good opportunity to bring exposure to the City.
Ms. Bright discussed the matter with the City Manager, who had a concern the event
may fall on Palm Beach County Days.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 12, 2010
The Mayors from the various cities also attended and advised potential developers of
the opportunities that exist within their municipalities. The developers come from all
over the United States. After further discussion of the activities associated with the
event, it was emphasized the tour was always included.
Motion
Mr. Rodriguez moved to approve. Vice Chair Hay seconded the motion that
unanimously passed.
VIII. Information Only:
A. CRA Policing Activity Report for the Month of December 2009 and District
Statistics for the Months of November and December 2009
B. Public Comment Log Monthly Update
C. CRA Media
D. MLK Banquet
Vice Chair Hay explained it was his understanding the City Manager would discuss this
event with Ms. Bright and sponsor a table at the banquet.
Ms. Bright responded the flyer was emailed to the Administrative Services Manager and
historically they always supported the banquet. She advised, typically, she always
brought forward items that they sponsored or shared in the cost Since they did not
receive the invitation from the MLK Committee, she assumed the City would pick up the
table for the Commissioners since they received the invitation. It was thought the City
already paid for the event.
IX. Public Comments: (Note: comments are limited to 3 minutes in duration)
Chair Taylor opened the floor for public comments.
Herb Suss, 1711 Woodfern Drive, referenced a newspaper article regarding global
warming. He urged the City Commission and the Community Redevelopment Agency
to educate the public on the occurrence, and the Board and City Commission lead the
way in the effort. Chair Taylor expressed his opinions differed from Mr. Suss' opinion.
Chair Taylor closed the public comments.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 12, 2010
X. Old Business:
A. Consideration of Issuing an RFP for 8 Lots in MLK Corridor
Ms. Brooks reviewed the Heart of Boynton plan was adopted in 2001. There had been
other plans by the private development community for the area and there were some
misunderstandings about what the plan called for. Ms. Brooks explained the plan
evolved from community involvement. A PowerPoint presentation was viewed, which
entailed the community's likes and dislikes. It was noted several issues raised by the
community had already been addressed.
Ms. Bright explained they sent a letter to Joe Zalman, Executive Director for Palm
Beach County Housing Authority regarding staff's ongoing desire to obtain the Cherry
Hill properties. The Housing Authority Executive Board hired an independent consultant
from Nebraska, who surveyed various stakeholders in Palm Beach County with the goal
being to address what the problems were with the Authority. Ms. Bright did not
anticipate any response from the survey, but wanted the public to know they were
communicating with the Authority and trying to move forward with a plan. There were
26 vacant parcels. Staff was successful in having homes demolished there, but the
properties remained a nuisance. She also emphasized their goal is to have the property
developed either by staff or by assisting a private developer. The Board approved
funding for the master plan for Sara Sims Park and just ordered the survey. They were
working with REG to develop it.
A proposed zoning map was shown. There had been much discussion on what to have
on MLK. The east and west area of MLK was proposed as commercial development.
The area was not very large. The other areas along MLK were low density residential.
Ms. Brooks believed some of the direction they were going in regarding its development
was driven by an overactive market. The conceptual plan had a small node of
commercial and she commented neighborhood services and small businesses were
needed. She anticipated in a good economy, the maximum amount of commercial
space the area co~ld hold would be 20,000 to a maximum of 50,000 square feet.
There has been repeated outcry from the Community Committee for the Community
Redevelopment Agency to build on its land. Staff was still trying to put land together on
the north side of MLK for a grocery store and other retail. She noted they needed three
more lots. On the south side of MLK they were under contract for a parcel, and the
Community Redevelopment Agency owned the church to the south. REG was under
contract and was conducting a feasibility analysis for a business incubator for the
Roberts site and the church site and it was believed a two-story building that would
meet the parking requirements could house small businesses am/where from 5:000 to
12,000 square feet per business. This is consistent with the adopt~d plan. '
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Community Redevelopment Agency
Boynton Beach, FL
January 12, 2010
The HOB plan had never been amended or updated, and in the current economy, the
plan was sensible. Ms. Brooks explained the Community Redevelopment Agency does
not own all of the land in the area; rather, most of it was owned by the City or was
privately held. Of ;the eight lots proposed for the RFP, St. John Missionary Baptist
Church approached them to build a day care center on lots 3, 4 and 5, which the Board
could consider. Lot 8 could accommodate a single-family home and on 9th Street, they
could build duplex or triplex dwellings. She noted there has been a lot of housing lost in
the Heart of Boynton due to the demolition of Boynton Terrace and Cherry Hi!!. Ms.
Brooks advised the Board does not have to issue an RFP, but wanted to bring the
proposal forward since it was in response to discussions with" the community and
committee.
There was much discussion about partnering with the City to issue one RFP and have
the area developed at one time. Mr. Rodriguez proposed to table the item and work
with the City Commission and City Manager to see if they could create a greater impact
by developing the whole strip with one RFP. The zoning was residential, which was a
challenge in selling the property to a developer. Commercial lots were easier to RFP,
They could construct multi-family housing if that was the intent. Most developers do not
want to go through the process to change the zoning.
Quintus Greene, Development Director, indicated there was a large parcel to the north
they secured from the County, which had a restriction for public use. The only w~y they
could redevelop the parcel was to swap the parcel with a parcel of the same size to
satisfy the public use restriction. The City was trying to assemble developable parcels,
which is a minimum of three to five acres. They were working with the Community
Redevelopment Agency to this end. It was noted some property owners did not want to
sell and other individuals purchased property speculating the City or Community
Redevelopment Agency would buy them out. Mr. Greene opined if an RFP cO'uld be
properly structured, the City might be receptive to the suggestion.
Ms. Brooks cautioned the Board, as it pertained to when large development tracks are
offered for housing, that the funding for multi-family housing in a neighborhood with ~his
type of income no longer exists. The Florida Housing Trust Funds were depleted in
order to balance the State budget. For smaller type duplex developments thera were
some funds. There were no SHIP or Low Income Housing Tax Credit funds available.
Ms. Bright commented that in light of the fact there were individuals interested in the
Roberts parcel for incubator space and a proposal from St. John Missionary Baptist
Church for an educational component of the church, that staff did not want to spend a
lot of money considering proposals or renovating the building if the Board and/or City
Commission would make some other type of decision. '
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 12, 2010
Motion
Mr. Rodriguez moved to table the item and the Community Redevelopment Agency staff
engaged in discussion with the City Staff in proposing potentially a combination RFP for
all the lots that are available. Ms. Ross seconded the motion that unanimously passed.
The correspondence received by Ms. Bright would be shared with City staff.
B. Consideration of Lien Release for Village Homemade Ice Cream
Ms. Brooks explained originally they received a request from the grant recipient to waive
the lien; however, there was now a lis pendens on the property. If the lien were waived,
they could sell the property. It was noted there was no potential buyer.
The Community Redevelopment Agency was responsible to the County for $50,000.
The request was similar to the foreclosure for the Delray Boynton Academy who
received $50,000 from the Community Redevelopment Agency and $50,000 from the
County. The county program was no longer in existence. If the Board waived the lien,
the owner could give the property away through a deed in lieu of foreclosure. In two or
three years, the market could turn around and the Board could recapture some of the
monies. In the meanwhile, should they find a buyer, they could approach staff of such
and perhaps something could be negotiated. Palm Beach County subordinated to the
Community Redevelopment Agency so staff was in charge of the entire $100,000
amount. The property did not appraise for the value of the mortgage. It was noted this
was the only grant they had of this nature.
Motion
Mr. Rodriguez moved to deny the release of the lien. Ms. Ross seconded the motion
that unanimously passed.
C. Consideration of Amendment to HAP Program
Mr. Simon explained the item was in response to a Board request to review options to
revise the program further and protect the HAP funds. He reported since 2006, the
Board assisted over 30 homebuyers and there were only two foreclosures over the last
three years. Four options were received as follows:
./ Revise the maximum grant award for all income categories as noted in the
agenda item;
./ Revise the maximum percentage of public subsidy funding for all Income
categories; .
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 12. 2010
../ Revise the project housing costs including mortgage, interest, taxes and
insurance not to exceed 30% of an applicant's monthly income. Maximum total
debt shall not exceed 40% of the applicants monthly income; and
../ Require the.applicant to provide 3% of the downpayment costs.
The members were in favor of protecting the Board's investments. There was a
concern raised about closing the gap to assist applicants to become eligible to obtain a
home they cannot afford to maintain. Mr. Simon responded the concerns to maintain the
homes after they obtained it were the same across the Board for all categories, but the
affordability of the home was geared towards the mortgage payment.
There was brief discussion about if the applicant refinanced more than the original
mortgage and grant amount. In those instances the grant is recouped.
Chair Taylor passed the gavel.
Motion
Chair Taylor moved to approve the four suggestions made to tweak the HAP program
as currently written. Ms. Ross seconded the motion.
Vice Chair Hay explained the program was an excellent program. He pointed out the
very-low income category individuals do not have the trouble; rather it was the low and
moderate-income individuals that experienced the problems.
Vote
The motion unanimously passed.
D. Review of Project and Contract Status and Option to Cancel Agreement
with American Realty regarding Ocean Breeze.
Ms. Brooks explained the contract with the developer was no longer in effect and this
item was also a housekeeping item. The cost to the developer to develop the properties
was no longer economically feasible in the current economy. There had been
discussions with the developer about the property but a formal notice should be sent.
The Community Redevelopment Agency was now in a position of having two four-acre
parcels in the eastern portion of the City. When the economy improved, there would be
interest in the site.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 12, 2010
Motion
Mr. Rodriguez moved to approve executing the agreement, which cancels the contract.
Vice Chair Hay seconded the motion that unanimously passed.
It was noted there had been previous discussion about modifying the program and the
City Attorney would review the language to determine if the contract could be reworded.
Attorney Cherof responded the program could be modified, but no language had been
prepared.
There was also discussion how other Community Redevelopment Agencies handled
foreclosures. Ms. Bright had just received literature regarding the best practices of
other Community Redevelopment Agencies in this regard specifically on foreclosures
and she agreed to make copies for the members.
XI. New Business:
A. Consideration of Economic Development Programs
1. Commercial Rent Subsidy Program
2. Business Signage Improvement Grant Program
3. Commercial Interior Build-out Program
This item was in response to a request to assist small businesses and to fill vacancies
in new buildings that are mixed use. Staff conducted a best practice analysis and the
item was the result of that research. The program would work in concert with their
current Commercial Fa<;ade and Google Map Programs. which are marketing tools for
local businesses.
This program would offer assistance to new or expanding businesses in the district. . To
be eligible, the business must create two full time jobs and provide proof of financial
feasibility of the business by submitting their business plan along with their five-year
projections. The business had to enter into a multi-year lease. The program was limited
to 12 months and payments are made directly to the landlord.
Staff set aside a pool of $50,000 for all three of the programs and whichever program
needed the funding the most would draw the most from the pool. Expansion was
defined in terms of square footage and not headcount. There was discussion that
business expansion would be unlikely in the current economic climate and would be
risky. Ms. Brooks commented the program would help ameliorate that risk. Often, if a
business expands, they expand in the same business district. Sometimes a business
moves to another building ana could get a better deal. It was suggested the Board
consider removing that language. It was noted the City does not have a b~siness
retention program.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 12, 2010
Dialogue ensued about sustaining existing business, and in the current economy. many
individuals would not consider opening a business. It was important the Board act as a
catalyst to spur business development and occupy vacant business space. Staff had
researched the issues. Ms. Bright suggested reviewing the programs and then directing
staff to conduct the analysis because there was no business retention program and they
could speak with the City about it. It was thought if the City could not have a business
retention program, that the Board makes a decision. Moving forward with the three
options and having staff come back with retention ideas was suggested.
A new business venture was defined as a company in existence for less than six
months. An existing business was in operation for more than three years at the time of
application. It was noted businesses in existence for two years would not qualify for the
program. Ms. Brooks confirmed that was correct; but the Board could change the
provision. She explained it was uncommon for businesses to expand within two years.
The program was modeled after the Delray Beach program, which was in existence
since 1997. She reported the program was their most popular program.
Motion
Mr. Weiland moved to approve items 1, 2 and 3. Vice Chair Hay seconded the motion.
Mr. Rodriguez spoke about the Business Signage Improvement Grant Program. He
acknowledged the program was a business program, but indicated he had previously
brought up signage for homeowners' associations would qualify as they are non-profit
associations. He inquired why they were not included. He contended homeowners
have signage which also needed assistance, and including them would lend itself to
improvement along the corridors and main streets in the Community Redevelopment
Agency District.
Discussion ensued that the amount of money it would take to improve a sign for a
homeowners' association would be divided by the number of homeowners. There were
lower income communities that had an association by title, but there were no dues
because the homeowners did not have the money to pay the dues. There was also
dialogue regarding they were only addressing homeowners in the Community
Redevelopment Agency district. Mr. Rodriguez disagreed and explained the Community
Redevelopment Agency District residents pay for the Community Redevelopment
Agency staff. The Small Business Development Program was not going outside the
District because it was being funded with TIF funding.
Chair Taylor polled the members. None of the members were in favor of the request
with the exception of Mr. Rodriguez.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 12, 2010
Vote
A vote was taken and the motion passed
B. Consideration of Proposal from Community Caring Center to Provide
Funding of $35,000 - $50,000
This item was tabled.
XII. Future Agenda Items
XIII. Comments by Staff
Ms. Brooks explained the City was applying for grants for trees for SE 4th Street. The
Community Redevelopment Agency was spending $950,000 for underground utilities on
the street. Originally, the monies were allocated for landscaping and for improvements
and lighting. The City asked the Community Redevelopment Agency how if they
obtained the grant, how they would maintain the trees and if the Board would support
paying for the maintenance of the trees. The estimate was $800 per month. Ms. Bright
explained they would advise the City to apply for the grant if the Board agreed to the
maintenance; however, Ms. Bright felt a policy decision should be made. After further
discussion, there was agreement this item would be brought back to the Board.
XIV. Comments by Executive Director
Ms. Bright explained the March meeting fell on Election Day. The Commission Chamber
was available March 15th, 29th, 30th and 31st. After discussion, the Board agreed to
meet on March 15th. Ms. Bright would send Mr. Rodriguez an email to determine if he
was available for the meeting.
The Small Business Development Workshop was being held concurrent to the meeting
at the Carolyn Sims Center. The next class was scheduled for the next night as well.
Ms. Bright announced she would keep the Board apprised of its progress. Additionally,
at the October Community Committee meeting, there was a request for two types of
workshops: the first being for a Commercial Real Estate Workshop to explain retail to
the community, and a Housing Workshop. A workshop was, scheduled for Tuesday,
February 2, 2010. If a quorum were unavailable, they would not hold the workshop. In
either event, staff was responding to the needs of the committee.
For the benefit of the Board, Ms. Bright explained she was contacted by the proprietor
of Frankies, who indicated he put up a sign and was fined without receiving notice from
Code Compliance. She advised she would be speaking with Scott Blasie, Code
Compliance Administrator about the matter. It appeared the issue was the sign was
erected on property he did not own.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
January 12, 2010
XV. Comments by CRA Board Attorney
None
XVI. Comments by CRA Board
Chair Taylor thanked his wife, who was in attendance. He announced today was their
53rd wedding anniversary. Because they had a meeting, they celebrated their
anniversary one day in advance. He announced he would not be present for the next
meeting as he would be on vacation.
XVII. Adjournment
There being no further business to discuss, the meeting properly adjourned at 8:11 p.m.
{!~(ljD1J/L~
Catherine Cherry '-../~I./cr
Recording Secretary
011310
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