Minutes 02-09-10
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD
HELD IN THE COMMISSION CHAMBERS, CITY HALL,
BOYNTON BEACH, FLORIDA,
AT 6:30 P.M., ON TUESDAY, FEBRUARY 9,2010
Present:
Woodrow L. Hay, Vice Chair
Ron Weiland
Marlene Ross
Lisa Bright, Executive Director
James Cherof, Board Attorney
Absent:
Jerry Taylor, Chair
Jose Rodriguez
I. Call to Order - Vice Chair Woodrow Hay
Vice Chair Hay called the meeting to order at 6:30 p.m.
II. Pledge to the Flag and Invocation
Mr. Weiland offered the invocation followed by the Pledge of the Allegiance to the Flag.
III. Roll Call
Roll call determined a quorum was present. Vice Chair Hay indicated Chair Taylor was
out of town and Mr. Rodriguez was unable to attend.
IV. Agenda Approval
A. Additions, Deletions, Corrections to the Agenda
1. Board Attorney Request for Closed Door Session to Discuss
Litigation (see XI. F. and G below)
Ms. Bright pointed out the staff had provided the materials for Item VI.F. on the Consent
Agenda, regarding the Sister Cities, to be added to the agenda.
Attorney Cherof recommended Item A.1, the request for a closed-door session, and
Items XI.F and G be tabled until a full Board was present.
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, FL
February 9, 2010
Motion
Mr. Weiland moved to table Items A.1 and XI.F and G. Ms. Ross seconded the motion.
The motion passed unanimously.
B. Adoption of Agenda
Motion
Ms. Ross moved to approve the agenda as amended. Mr. Weiland seconded the
motion. The motion passed unanimously.
V. Announcements & Awards
A. Ocean Avenue Concert
B. Movies on the Avenue
Kathy Biscuiti, Special Events Director, announced February 19, 2010 would be the
second in a series of Ocean Avenue Concerts. The Wildfire band would be playing a
special blend of island music with a great lead singer. Food and drink vendors would be
available. Attendees would need to bring their own chairs or blankets to sit on. No pets
were allowed. It was a free event with free parking.
Vice Chair Hay inquired if there would be enforcement of the no pets restriction. Ms.
Biscuiti advised the CRA police would be present.
On March 5, 2010 would be the Movies on the Avenue featuring My Life in Ruins, a
romantic comedy. The movie would be from 7 p.m. to 9 p.m. Refreshments would be
available and chair and blankets would be needed. Again, no pets would allowed.
Mr. Weiland expressed his faith in Ms. Biscuiti that it would be another big hit.
Vice Chair Hay announced the Heritage Fest would be on February 19 and 20,2010. It
would begin on Friday from 6 p.m. to 9 p.m. and then on Saturday from 11 a.m. to 6
p.m. He urged everyone to attend to support the Heritage Fest on MLK Boulevard.
VI. Consent Agenda
A. Approval of Minutes - CRA Board Meeting January 12, 2010
B. Approval of Period Ended January 31,2010 Financial Report
C. Monthly Procurement Purchase Orders
D. Approval of Community Meeting Grant to Inlet Cove Association Inc.
(INCA)
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Community Redevelopment Agency Board
Boynton Beach, FL
February 9, 2010
E. Approval of Community Meeting Grant to Los Mangos Property Owners'
Association
F. Approval of Contribution to The Greater Boynton Beach Sister Cities
Committee, Inc. for their 7th Annual Young Artists Showcase in the amount
of $1,500.
Ms. Ross pulled item VI.F. for discussion.
Motion
Mr. Weiland moved to approve the Consent Agenda as amended. Ms. Ross seconded
the motion. The motion passed unanimously.
VII. Pulled Consent Agenda Items
F. Approval of Contribution to The Greater Boynton Beach Sister Cities
Committee, Inc. for their 7th Annual Young Artists Showcase in the amount
of $1,500.
Ms. Ross wanted to bring attention to the donation to the Sister Cities Committee.
Previously the City was able to assist with funding.
Ms. Bright noted the program impacts Galaxy Elementary and Poinciana Heights
Elementary. Last Thursday was the unveiling of the Graffiti Art Mural on MLK which
was a similar type activity leading towards the Youth Violence Prevention Program.
Mr. Weiland divulged he had been approached by the Chair of the Sister Cities
Committee requesting funding from the CRA. He indicated the conditions for funding
had to be met and the program pertains to children in the CRA area. It has a positive
influence on the children who are the future of the City. Vice Chair Hay agreed with Mr.
Weiland that any benefit to the children would be a plus.
Motion
Ms. Ross moved to approve. Mr. Weiland seconded the motion, The motion passed
unanimously.
VIII. Information Only:
A. CRA Policing Activity Report for the Month of January 2010 and District
Statistics for the Months of December 2009 and January 2010
B. Public Comment Log Monthly Update
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Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, FL
February 9, 2010
Ms. Ross questioned if the noise complaint from the marina renovation involved the
Noise Ordinance. Ms. Bright explained the CRA had embarked on redoing the
submerged portion of the marina with the $2 million received from the County's
Waterway Bond Grant. It was being done on private land and all City Codes and
Ordinances would have to be followed. Ms. Bright confirmed with the Code Compliance
Administrator and the Police that there was compliance with all the regulations. The
pilings were all destroyed during the hurricanes of 2004/2005 and they had to be
repaired before moving forward with the next phase. County Commissioner Abrams had
been consulted. Boynton Beach would have the first marina village along the
intracoastal waterway opened for economic development.
C. CRA Media
D. Habitat for Humanity of South Palm Beach County Thank You Letter for
$500 Donation to Collegiate Challenge 2010
Ms. Bright reported the volume of calls relating to the economic development program
had increased dramatically. The rent subsidy, tenant improvement and signage had
resulted in an average of 30 calls a week attempting to take advantage of the program.
It was tested as a pilot and demand may require further funding to support the need. It
was a way for the CRA to partner with private developers and make small business
ownership a reality.
Mr. Weiland added an economic development package would not have been necessary
a couple years ago. The CRA should be the economic spark plug to assist retaining
businesses and attracting new businesses. Hopefully in the future the need would not
be so great.
Vice Chair Hay commented it was a win-win for everyone and he was happy it was
succeeding.
Mr. Weiland discussed Item D and explained the funds were earmarked to help feed
college kids who volunteer their spring break to build homes. The donation will help
both the students and the organization to assist in building a home or two.
Vice Chair Hay suggested visiting 3rd Street and NW 6th Avenue for a first hand look at
the progress being made. It was a team effort and very inspiring.
Ms. Ross commended Margee Walsh, the Marketing and Communications Director, on
the two articles; one featured in the South Florida Business Journal and the other in the
Boynton Forum. One press release outlined the three small business programs.
Ms. Bright announced a portrait of Buck Buchanan would be published in an article in
Florida Trends that will feature Boynton Beach as a place to live and grow in Palm
Beach County.
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Community Redevelopment Agency Board
Boynton Beach, FL
February 9, 2010
IX. Public Comments: (Note: comments are limited to 3 minutes in duration)
Nancy Chandler, 914 NE ih Street, pointed out the official record contains an illegible
map of the brownfield areas and it was not marked Exhibit A. She suggested it should
be investigated if the map could be reproduced in color. Attorney Cherof responded the
original document and exhibit on record with the Clerk's office has a large format that
could easily be read.
No one else coming forward, the public comments were closed.
X. Old Business:
A. Consideration of Supporting Ongoing Maintenance of Landscape for SE
4th Street.
Vivian Brooks, Assistant Director, reported the City had asked if the CRA would
consider ongoing maintenance of trees ~Ianted in the median on SE 4th between Ocean
Avenue and SE 12th as part of the 4 h Street Avenue utility project. The City was
seeking a grant to plant 60 to 70 drought tolerant sabal palms. The maintenance items
would be fertilization, mulching, trimming and litter control. There would be reclaimed
water for irrigation. Originally the CRA was to pay for all above ground improvements
such as street lights, landscaping and sidewalks to enhance the roadway with an
estimated cost of $5.7 million. The bids came in at $2.7 million. The current agreement
calls for the CRA to pay $973,000 of the project costs. There was an award from Mary
McCarty's monies of $300,000 for a total cost of $1.4 million. The City was awarded a
grant from South Florida Water Management in the amount of $995,600. Ms. Brooks
pointed out the CRA was carrying the bulk of the cost of the utility project. The
projected annual cost of maintenance is $9,600. Staff did not recommend approval.
Mr. Weiland realized it was originally a utility project funded by the City and the CRA
subsequently agreed to pay a big part of the cost and carry 83% of the total expense.
The City was unable to fund the Sister City program, the Holiday Extravaganza and this
project was being passed to the CRA. He urged the Board to not support the
maintenance expense and he would not vote to approve the expense. It should be the
City's responsibility.
Ms. Ross agreed with staff's recommendation to not approve the request as did Vice
Chair Hay.
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Community Redevelopment Agency Board
Boynton Beach, FL
February 9, 2010
Motion
Ms. Ross moved to not recommend approval of this request. Mr. Weiland seconded the
motion. The motion passed unanimously.
B. Discussion and Direction on the Roberts Purchase.
Attorney Cherof explained there was a contract to purchase property from the Roberts
that is currently encumbered by an IRS tax lien. The lien has not been cleared for the
scheduled closing that was extended until February 17, 2010. The request of the
Roberts was not timely filed with the I RS to have the lien released. The
recommendation was to go forward with the closing and hold the proceeds in escrow
until the IRS lien was paid. Any remaining proceeds would then go to the Roberts. It
was likely that the Roberts would agree to the proposed arrangement. Staff
recommended there be an agreement to close in escrow on February 17, 2010.
Motion
Ms. Ross moved to approve to close in escrow per the City Attorney's description. Mr.
Weiland seconded the motion. The motion passed unanimously.
XI. New Business:
A. Consideration of Funding The Florida Fishing Academy for children
between the ages of 8-12 living within the CRA district.
Ms. Bright recalled, upon receipt of the Juvenile Justice Grant, the City had created the
Youth Violence Prevention Program. The Florida Fishing Academy had been
consistently funded for the ages 8-12. Captain Borchu of the Academy had requested
permission from the City to rent the bait shop. Ms. Bright understood the City had
decided it was not a suitable location. Last year the CRA was approached for funding
an additional program for the age group 8-12 who are at a higher risk for gang
participation. It was not approved in the budget. A presentation of the program had
been given to the Community Committee. Additionally, the City had to cut funding for
after-care programs at the Carolyn Sims Center. Mr. Rodriguez had asked for
reconsideration of the request. Staff was recommending approval. It meets with the
adopted Downtown Master Plan and the Heart of Boynton Plan for youth activities. The
cost is $11,856 and there is money in the Heart of Boynton Implementation Strategy
budget that could cover the cost.
Mr. Weiland questioned if the brochure included in the CRA packet was inappropriate
as it appeared to be an advertisement for this business. Ms. Bright stressed that
Captain Borchu does try to offset the cost of the program. The trips are every Saturday
for the duration of the school year.
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Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, FL
February 9, 2010
Ms. Ross was impressed with Captain Borchu and his program. It was unfortunate it
did not work out at Boat Club Park. The idea of "hooked on fishing, not drugs" is a
worthy cause for everyone to champion. She supported the program.
Vice Mayor Hay was willing to help the kids, but was concerned about the drain on the
HOB budget that was dwindling. Ms. Bright reported there was approximately $500,000
in the HOB funds. The funds are being used as almost a fac;ade or residential
improvement grant. Ms. Ross stressed the program did target children in the Heart of
Boynton area.
Mr. Weiland agreed with Vice Chair Hay's concern because the money was earmarked
to obtain properties for redevelopment. Any future revenues for the fund were doubtful.
The amount being only $11,000, Mr. Weiland supported the expense to help younger
children and lead them in the proper direction.
Vice Chair Hay supported the program, but cautioned the Board and staff about
diminishing the HOB budget funds. Mr. Weiland agreed and reiterated his remarks
regarding the Fire Department raising money for various sport programs. It was
important to give kids an organized activity rather than standing on a corner with a milk
jug trying to raise the funds.
Motion
Ms Ross moved to approve Item A, consideration of funding for the Florida Fishing
Academy for children between the ages of 8-12. Mr. Weiland seconded the motion.
The motion passed unanimously.
B. Consideration of entering into an agreement with Deborah and Leonard
Marucci to design public art for the Seacrest Streetscape Project in the
amount of $6,500.
Ms. Brooks indicated the art was part of the Seacrest redesign and was being paid for
by $1.9 million of stimulus funding. The ARRA monies would cover the art but not the
design of the art or the streetscape. There was a piece of art previously purchased for
the corner of MLK and Seacrest by the same artist. The new design would for be four
pieces to compliment the piece already purchased that would be placed on each corner
of MLK and Seacrest to create an iconic intersection. Staff recommended the CRA pay
for the design and work with the community to create the design concept. A share of
the $1.9 million will pay for the construction of the art and the installation.
Mr. Weiland clarified there would be four large pieces of art to be placed at each corner
of Seacrest and MLK. Ms. Brooks speculated the pieces would be made of brushed
aluminum with laser cut-outs to compliment the Butterfly Mandella piece already
purchased.
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Community Redevelopment Agency Board
Boynton Beach, FL
February 9, 2010
Vice Chair Hay did not want a repeat of the disagreement over the mural at the tennis
courts. There were people in the community that thought portions of the mural were
unacceptable. He had researched graffiti art and spoke with the artist to learn more
about the type of art. He stressed the CRA and the artists should have as much input
from the community as possible to avoid any problems. Ms. Bright added Ms. Coles-
Dobay, Public Arts Administrator, would be holding the meetings and making flyers to
be distributed noticing the meetings and their purpose. She was provided with the total
contact list for the Community Committee who selected the Butterfly Mandella piece.
Motion
Mr. Weiland moved to approve consideration of entering into an agreement with
Deborah and Leonard Marucci to design art for the corner Seacrest Streetscape
Project, in the amount of $6,500. Ms. Ross seconded the motion. The motion passed
unanimously.
C. Consideration of entering into a Direct Incentive Funding Agreement with
Wal-Mart Stores South, LLC
Ms. Brooks remarked the agreement was the result of two years of work between CRA
staff, property owners, police, the City and Wal-Mart Stores. There is a gap in the
project because the property was purchased at the height of the market and approved
for a mixed-use project. The market dictated otherwise. The land use and zoning had
been changed back to commercial. The store is 95,000 square feet. The agreement is
in essence, TIF funding, payable upon completion of the project and upon receipt of the
property appraiser's documentation for the project. It is tied to the creation of jobs. The
store will provide the equivalent of 150 full time jobs. It is a ten-year term with it being
front loaded to help offset the project gap. Wal-Mart will receive 75% of the TIF
generated in years one through six and 25% of the TIF funds in years six through ten.
The remaining amounts will be retained with the CRA. The total estimated subsidy
under the terms of the agreement, is $406,000 or $2,700 a job. The jobs would be a
good match for the residents, the majority of which only have a high school diploma or
GED. The store will also provide goods and services that are not easy to obtain on the
east side of the City.
The site plan and elevations have been upgraded above the standard Wal-Mart with
articulated elevations. The site has been a source of problems for the City of Boynton
Beach and the Town of Gulfstream with the night clubs and blight. The project would
bring in revenue to support CRA programs over time, and the project is located on the
most used Palm Tran route in the County. Staff recommended approval of the
agreement.
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Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, FL
February 9, 2010
Ms. Bright added the CRA had been working for three years to assist in the removal of
the blight. The direct incentive funding was based on the lack of employment in
America. The national average of unemployment is 9.7% and the State of Florida is
11.8%. She affirmed the project meets not only the redevelopment plan for Federal
Highway, it also meets the Economic Development Plan adopted by the Board and
speaks to the heart of the housing needs assessment. The base starting salary of a
Wal-Mart job is $8.75. The jobs are not minimum wage and range up to management
level. The CRA tried to meet the needs of the development plan and the needs of Wal-
Mart to close the gap.
Vice Chair Hay noted with the current job market he would support anything that added
jobs and he welcomed the project. He inquired if there was a traffic study completed of
the intersection. Ms. Brooks replied it had been completed. There would be no addition
to the traffic volume.
Mr. Weiland interjected the intersection at Woolbright and Federal Highway was rated a
"D" intersection and the new development on the corner did not change the rating or
add any lanes. The two intersections and traffic should be comparable.
Mike Rumpf, Planning and Zoning Director, introduced Chris Hagan with Kimley-Horn
Associates, a traffic engineer, who advised on a daily or peak-hour basis, the project
would not generate more traffic than the previously existing shopping center and
outparcel night club that previously occupied the lot.
Based on the Comprehensive Plan, Federal Highway Corridor Plan and the current
economic crisis, it was important that the project be considered, according to Ms. Ross.
Vice Chair Hay opened the issue for public comment.
Susan Motley, representing Wal-Mart along with Michele Blair of Government
Relations with Wal-Mart and Bob Godding, Regional Marketing Manager were present.
She indicated the project was exciting for both the City of Boynton Beach and Wal-Mart.
Ms. Motley stressed that anyone in Wal-Mart can rise up to be an executive with Wal-
Mart. The beginning wages with Wal-Mart were not minimum wage positions. It was
also a leader in environmental building incorporating many green standards.
Ms. Motley described the store as a full-service Wal-Mart with a full service grocery
store component, as well as general merchandise. The Super Centers are over 200,000
square feet, but Wal-Mart has been able to present all the products in a smaller footprint
to integrate into more urban areas. She displayed a slide presentation locating the
building, parking, loading docks and ingress and egress points. The location would
include a huge amount of landscaping and a right turn lane into the main entrance on
Gulfstream Boulevard. The access on Old Dixie Highway would be the truck delivery
entrance and the exit would be south onto Federal Highway. The truck bays allow the
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Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, FL
February 9, 2010
trucks to back into the building decreasing the noise of the loading and unloading. The
architectural design would include more windows than other store fronts with upgraded
designs on the exterior and more landscaping.
The TIF monies would be paid out of taxes paid by the development itself. It should
energize the area and Boynton Beach will be in the forefront of an urban, smaller, but
full-service Walmart.
Ms. Ross disclosed she had met with Ms. Motley and one of the representatives. Mr.
Weiland disclosed they had asked to meet with him and he was unable to do so.
Michele Blair, indicated Wal-Mart had been operating in the State of Florida for over 25
years with 300 properties with the base operation offices in South Florida. Rob Godding
would be overseeing the store. Last year the corporation donated $14.2 million to local
communities and each store has approximately $1 million for donations. The Boynton
Beach facility donated approximately $32,000 to $35,000 to local community groups last
year. Each store can give grants ranging from $500 to $1,000 each. The recipients
vary from schools to other charities in the local areas.
Mr. Weiland suggested being more creative in the approach to deal with shoplifting and
enhance awareness that shoplifting will not be accepted and will be prosecuted. There
is a high volume of calls for shoplifting at the Super Walmart. Ms. Blair assured Wal-
Mart would be more than willing to collaborate in an effort to curb shoplifting because it
impacted the business as well as the associates. She added the average hourly
associate in the State of Florida receives $11.74 per hour. They can also receive
bonuses based on the overall store's performance.
Rob Godding, a 23-year employee of Wal-Mart, had started working putting bicycles
together for $3.35 an hour and is now a district manager. He is an example of the
incentive to new employees to make each store a success. Mr. Weiland had a neighbor
who had retired from Wal-Mart after 25 years.
Ms. Motley advised there would be an art feature to the project at the entrance. Ms.
Bright added the art feature was a requirement in exchange for purchasing the strip
club.
Barbara Ready, 329 SW 13th Avenue, established the truck route could take large
trucks through a historic area. Mr. Weiland indicated it was a small unincorporated
pocket that was more of an eyesore. Ms. Ready advised one of the dwellings was listed
on the Palm Beach County directory of historic homes. She was sure the residents
would not be happy with semi-trucks traversing their neighborhood. Ms. Bright noted
the trucks may arrive from the south on Gulfstream Boulevard or from the north on Dixie
Highway. Ms. Motley concurred the trucks could come from either direction onto
Dixie Highway so the trucks would not cross the parking lot.
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Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, FL
February 9, 2010
Mr. Weiland expressed his concern that two board members were not present and the
possibility of a reconsideration request. Attorney Cherof advised a quorum was present
that can take action on any item on the agenda. A Board Member can make a request
for reconsideration in the future. The custom at the Board level and Commission level
has been that a member who does not vote has the ability to make a motion for
reconsideration.
Brian Edwards, 620 NE 9th Avenue, felt strongly it was a positive project for the City.
He was concerned the surrounding property owners and developments had not
received adequate notice and were given the opportunity for input. He commended the
CRA and staff for the perfect solution to an otherwise blighted area.
Mr. Weiland echoed Mr. Edwards remarks that the south end of Boynton Beach had
suffered for many years with an undesirable location and activities. It would be a huge
benefit to Boynton Beach and Delray Beach for Federal Highway to rebound.
Motion
Ms. Ross moved to approve Item C under New Business to enter into a Direct Incentive
Funding Agreement with Wal-Mart Store South. Mr. Weiland seconded the motion. The
motion passed unanimously,
D. Consideration of Application to HUD for funding in the amount of $294,000
to be used for repairs to the Schoolhouse Children's Museum
Ms. Brooks advised the matter was brought by City staff. Representative Klein had
earmarked these funds to build a fire and police training center. There was confusion
when the money came to the CRA and the money was not used for some time. Debbie
Majors, Grants Coordinator, managed to get HUD to agree to re-program the monies for
education purposes at the Children's Schoolhouse Museum for repairs at the facility.
The CRA would be the fiscal agent for the federal funding. Presently the application is
before the Board for approval. There is an administrative fee negotiated with the City as
5%. The monies would be used to replace windows and make necessary repairs.
Mr. Weiland had researched with other municipalities and the average administrative
fee was 20%. He felt the CRA was settling for less and the fee should be 10% to 12%.
Vice Chair Hay agreed the fee should be higher. Ms. Brooks noted it is a good project
in the town square area. There would be extra work, especially with federal funding
which had more intensive requirements. There would be a high degree of responsibility
on the Agency and possible repercussions if the paperwork is not completed accurately
and timely.
Debbie Majors, Grant Coordinator, advised the funding was a much shorter time period
than with other federal funding. It would not be a long project with only a couple
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Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, FL
February 9, 2010
invoices. The City would bid the work, award the bid and pay the contractor. It would
be responsible as a sub-grantee to abide by every compliance regulation. Ms. Majors
pointed out the estimated cost of the windows may be higher than the grant award. For
several years funding had been sought for the building and it was not available due to
the lack of matching funds. There are 50 to 60 openings involved.
Kurt Bressner, City Manager, opined that 10% was too high and even 5% could be high.
He suggested the CRA staff document their actual time and the City cover the cost
rather than a flat percentage rate. The City would be doing all the certifications and not
the CRA staff. A direct cost reimbursement may be a better approach with an upset
figure of the 10%.
Susan Harris, CRA Financial Director, was not comfortable with the proposal. The
responsibility for audit purposes would remain with the CRA. She would not accept
anything less than 10% due to the compliance issues involved.
Motion
Mr. Weiland moved to approve D under New Business, application to HUD for funding
in the amount for $294,000 to repair the Children's Schoolhouse Museum to approve a
10% administrative cost to file the proper paperwork. Ms. Ross seconded the motion.
The motion passed unanimously.
CLOSE OF COMMUNITY REDEVELOPMENT AGENCY MEETING
Motion
Ms. Ross moved to recess the Community Redevelopment Agency Board meeting. Ms.
Weiland seconded the motion. The motion passed unanimously.
The meeting recessed at 8:03 p.m.
The meeting reconvened at 8:35 p.m.
Vice Chair Hay reconvened the meeting at 8:35 p.m.
E. Consideration of Entering into an ILA with the City regarding the
brownfield eligible business financial contribution.
Ms. Brooks explained basically the CRA was accepting the financial responsibility for
the financial match for the State brownfield incentive for Wal-Mart.
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Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, FL
February 9, 2010
Motion
Ms. Ross moved to enter into an ILA with the City regarding the brownfield eligible
business financial contribution. Mr. Weiland seconded the motion. The motion passed
unanimously.
F. CLOSED A TTORNEYICLlENT SESSION - Pursuant to Section
286.011 (8), Florida Statutes in the Case of Boynton Beach Community
Redevelopment Agency v. Delray-Boynton Academy, Inc., Robert Winder
and Bank Atlantic, Case No,. 502009CA001119XXXXMB.
G. Discussion of action regarding the case of Boynton Beach Community
Redevelopment Agency v. Delray-Boynton Academy, Inc., Robert Winder
and Bank Atlantic, Case No. 502009CA001119XXXXMB
(These matters were previously tabled)
XII. Future Agenda Items
XIII. Comments by Executive Director
Ms. Bright announced that due to the election, the CRA Board meeting for March would
be held on Monday, March 15, 2010.
Ms. Bright also announced there was an editorial in the Sun-Sentinel that reported on
the Boynton Beach CRA working to create affordable housing. In the article, Ms. Bright
affirmed the CRA's dedication to providing affordable housing in Boynton Beach.
Currently the median housing price in Palm Beach County is $238,000 and the median
household income is $46,209 with the price range for affordable housing of $145,674.
There is still a need for affordable housing, the core business of the CRA. The Palm
Beach Post also had a story on the same topic that affordable housing was still not
available. There are no houses in the $150,000 to $200,000 range.
Ms. Bright commended Ms. Brooks for contacting Auburn Development who agreed to
partner with the CRA on a multi-family project on the east side of Seacrest. Ms. Brooks
further explained the Florida Housing Financial Corporation issues tax credits and multi-
family bonds to finance affordable housing. There is a small application due February
23, 2010 allocating up to $5 million. The target is a four-acre parcel on the east side of
Sea crest. She was also meeting with the Palm Beach County Housing Authority for an
allocation to put the subsidy layers together. There would be 4% tax credits with the
sale of a multi-family bond. The Agency is moving forward and looking for various ways
to get the project done. Less money is becoming available each year and the cap was
being removed from the SHIP funds. Funding opportunities are still being sought. If
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Community Redevelopment Agency Board
Boynton Beach, FL
February 9, 2010
possible, a purchase agreement would have to be brought before the Board as soon as
possible.
Ms. Bright noted it was Mr. Weiland who gave the olive branch to Mr. Hinners at Auburn
Group and she appreciated his assistance. Collaboration is the key because affordable
housing is a regional issue and not unique just to Boynton Beach. She stressed the
CRA is aggressively seeking solutions for the Heart of Boynton.
Mr. Weiland commented he had contacted Ms. Brooks about attracting a new developer
for the west side of Seacrest. He suggested attempting to get Mr. Hinners and the
Auburn Group back for a much easier project to complete. A process is starting and he
hoped something positive would develop.
Vice Mayor Hay was hopeful, but questioned why Auburn was selected. Ms. Brooks
explained the draft funding application just appeared on Florida Housing Financing
website and the due date is the February 23. There would be no time to do an RFP.
Public notices would have to appear on the land and proposals would be accepted. It
would be the same process when dealing with Habitat for Humanity or the CDC. When
dealing with affordable housing, the legal notice process can be utilized. The purchase
agreement would be for this particular funding source and sunset if not awarded.
Auburn also has the expertise on funding sources for housing. It would be an elderly
rental similar to Boynton Bay with one and two bedroom units.
Vice Chair Hay surmised due to the time factor, Auburn becomes a sole source
provider. Ms. Brooks explained a legal notice would be advertised for the disposal of
the property and proposals could be accepted or rejected by the Board.
XIV. Comments by Staff
None
XV. Comments by CRA Board Attorney
None
XVI. Comments by CRA Board
Mr. Weiland admitted he had spoken to the CRA staff and David Perry from MSCW
involved in the engineering of the marina project phase one. He examined phase two,
which would be incredible when completed. It will create a destination area in Palm
Beach County and could help to spur the sale of condos in the area. He had requested
that a PowerPoint presentation be presented at the next City Commission meeting
because the Build America bonds would need to be used. Basically 35% of the interest
14
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, FL
February 9, 2010
paid on the bonds would return to the City, but the deal has to close by December 31,
2010. It would be very positive for the community and the downtown area.
He also inquired about the number of general contractors that are utilized by the CRA
and their specialties. Ms. Bright recalled in 2007, after an RFQ was issued, three firms
were selected based on their expertise. Those selected were Hendrich Brothers
specializing in mid to large size projects, Burkhart Construction who built Boynton
Beach Boulevard extension, and Kaufman Lind who has expertise in large municipal
facilities. Also, Kimley-Horn is the engineering professional services contractor. Mr.
Weiland inquired if it would be possible for the City to piggyback on Kaufman Lind's
contract with the CRA for the police facility. Attorney Cherof advised piggybacking on a
general assignment contract was not allowed. The piggyback had to be on something
more specific, such as a company who has done a police department or public works
facility. A recent contract with a government agency for like services would be needed.
Ms. Ross thanked Ms. Bright for sending the Board Members the information on
Practical Strategies for Florida CRAs to address the foreclosure crisis. She asked that
the highlights of the publication be presented to the Board at the next meeting. Ms.
Bright would get an update on the Neighborhood Stabilization Program and bring it
before the Board.
She also read the following sentence from the recent editorial. "We remain committed to
a policy that homes, subsidized with taxpayer funding, should be long lasting and
sustainable and have included improvements such as a 50-year standing seam metal
roofs and impact resistant windows."
Vice Chair Hay commented there were properties within the City owned by the CRA and
the City that are not coming together as a plan. He inquired if the City had contacted
the CRA to develop a strategy. Ms. Bright indicated there had been no contact. Vice
Chair Hay directed staff to take the initiative with the City staff and develop a land swap
strategy and come back to the CRA Board and then the City Commission. A plan would
then be in place for both entities to move forward. Ms. Bright agreed to get something
drafted to start the discussion.
Mr. Weiland admitted it has been frustrating and continuity of the plans was needed for
the City to move forward. It was the reason he wanted to promote phase two of the
marina and the west side of Seacrest to be a positive movement toward working
together rather than talking. Ms. Ross agreed completely. Vice Chair Hay declared
there was consensus. Ms. Bright clarified that the Board was directing staff to
implement phase one transfer of land.
15
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, FL
February 9,2010
XVII. Adjournment
There being no further business to come before the Board, Vice Chair Hay properly
adjourned the meeting at 8:58 p.m. Mr. Weiland and Ms. Ross commended Vice Chair
Hay for being the acting Chair for the meeting.
'7
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It'tL{t? L t Ii
Judith A. Pyle, C .
V'Deputy City Cler !
16