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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 1 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. 2 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. 3 Meeting Minutes 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. 4 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. 5 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. ' 6 Meeting Minutes 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. ' 7 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; . 8 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. 9 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. 10 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. 11 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. 12 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 13