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Minutes 03-15-10 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON MONDAY, MARCH 15, 2010 AT 6:30 PM IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FL PRESENT: Jerry Taylor, Chair Lisa Bright, Executive Director Woodrow Hay, Vice Chair Jim Cherof, Board Counsel Ron Weiland Marlene Ross Jose Rodriguez I. Call to Order - Chairman Jerry Taylor The meeting was called to order at 6:29 p.m. II. Pledge to the Flag and Invocation Vice Chair Hay offered the invocation followed by the Pledge of Allegiance to the Flag. III. Roll Call The Recording Secretary called the roll. A quorum was present. IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda The following changes were made: Information Only, Item VIII. E, would be moved to X. Old Business and heard as item E. New Business, Items XI. A and B were tabled to the next meeting. Consent Agenda, Items VI. E, F, and I were pulled. i. Board Attorney Request for Closed Door Session to Discuss Litigation (see XI. A & B below)-Board Attorney suggests this matter be deferred one additional Board Meeting. B. Adoption of Agenda 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 15, 2010 Motion Mr. Weiland moved to approve the agenda as amended. Vice Chair Hay seconded the motion that unanimously passed. V. Announcements & Awards: . AOcean Avenue Concert Kathy Biscuiti, Special Events Director, announced the Ocean Avenue Concert Series with the Sundown Country Band at the amphitheater. The concerts were free and from 6 to 9 p.m. Food and beverage vendors would be on site. No pets were allowed and the public was requested to bring chairs and blankets. C. Movies on the Ave. Ms. Biscuiti announced the continuation of the Free Movie Series at the Ocean Avenue Amphitheater next to the Children's Schoolhouse Museum. The upcoming movie was Hairspray. It was a family event, with vendors having snacks available for purchase. The movie would air from 7 to 9 p.m. Chair Taylor recognized Ms. Bright. Ms. Bright announced Board Attorney, Jim Cherof, was celebrating 20 years of service with the City as well as his birthday. A cake was wheeled in, lit and the Board and public joined in song, wishing him a Happy Birthday. Chair Taylor advised it was his honor and pleasure during the 10 years he served as Mayor to work with him. He placed much value on the advice he gave over the years and he saved the City millions of dollars the way he addressed lawsuits. He was right on and his professionalism was unequaled. He hoped he would remain with the City another 20 years minimum. VI. Consent Agenda: A. Approval of Minutes - CRA Board Meeting February 9, 2010 B. Approval of Minutes – CRA Special Board Meeting February 19, 2010 C. Approval of Period Ended February 28, 2010 Financial Report D. Monthly Procurement Purchase Orders E. Approval of Commercial Rent Subsidy Program Grant to Beachcomber Art in the Amount of $7,200 This item was pulled by Mr. Rodriguez. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 15, 2010 F. Approval of Community Meeting Grant to Juanita Meeks Chapter 394 of The International Masons and Order of Eastern Stars Building and Charitable Association of St. Petersburg, Inc. This item was pulled by Mr. Rodriguez. G. Approval of Commercial Façade Grant to Flamingo Plaza H. Jesus House of Worship Property Lease Renewal I. Splashdown Divers, Inc. Commercial Lease Renewal This item was pulled at the request of the applicant. J. Approval of MPO’s Water Taxi Capital Facilities Grant Agreement Motion Vice Chair Hay moved to approve the Consent Agenda less the items pulled. Mr. Weiland seconded the motion that unanimously passed. VII. Pulled Consent Agenda Items: E. Approval of Commercial Rent Subsidy Program Grant to Beachcomber Art in the Amount of $7,200 Mr. Rodriguez pulled this item for information only and inquired how staff was applying the program. He noted the back of the agenda item contained an analysis and his question was who was doing the analysis and the rankings for the City. Vivian Brooks , Assistant Director, explained they use the SBA formulas from the SBA website. The applicant’s income and last 2 years of returns were input. They entered the data and the website calculated the score. There was no subjectivity on the part of staff in the process. There was discussion why the financials were weighted at 7%, which was low. Ms. Brooks concurred and explained the standards were the SBA’s standards. She agreed to send the guidelines to Mr. Rodriguez and follow up with the SBA for an explanation on the weighting of the financials. There was also an inquiry that in the case where a business was moving from one CRA retail location to another, what the benefit of the program was when it appeared to be just shifting retail space within the district, and what impact would it have on the redevelopment of the district. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 15, 2010 Ms. Brooks explained the applicant would only qualify for the program if it was a new business or were increasing their square footage by 50%. For the subject business, the new site was very visible and was one of only a handful of true retail businesses in the downtown. The other business provided services such as professional services, car repairs, etc. and not retail. It was suggested staff consider the impact of the program on a building owner that may suffer from a vacancy, and how the Agency could support them. As to what could be done to address the landlord who had a vacated location, another tenant could apply to the CRA to offset their rent subsidy and qualify as a new business, or an expanding one. Commercial property owners who had space were notified by letter about all of the programs and were calling staff for information so they could direct prospective tenants to the Community Redevelopment Agency. Debby Brookes, the applicant, explained when she moved, there were 4 people wanting her former location, with one of the prospective tenants creating 3 more jobs. She noted her rent at the former location was inexpensive. Staff explained economic development was about retention and recruitment. Retention of businesses was already occurring. In this instance, the Community Redevelopment Agency grew an existing business and helped another move in. It was noted Ms. Brookes was heavily lobbied by Lake Worth to locate her business there. Motion Mr. Rodriguez moved to approve. Ms. Ross seconded the motion that unanimously passed. Mr. Weiland left the dais at 6:47 p.m. F. Approval of Community Meeting Grant to Juanita Meeks Chapter 394 of The International Masons and Order of Eastern Stars Building and Charitable Association of St. Petersburg, Inc. Mr. Weiland returned to the dais at 6:48 p.m. Mr. Rodriguez was not familiar with the organization. Ms. Bright explained the request was from the Heart of Boynton to request a Community Meeting Grant. The Order of the Eastern Stars was the women’s portion of the Masons. The request was from Dr. Martha Meekslight to meet at the Carolyn Sims Center. Motion Mr. Rodriguez moved to approve. Ms. Ross seconded the motion that unanimously passed. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 15, 2010 I. Splashdown Divers, Inc. Commercial Lease Renewal Mike Simon, Development Director, explained the item was pulled at the request of Lynn Simmons, the owner of the Splashdown Dive Shop. She would like to discuss some items with the Board regarding the lease. Ms. Simmons was a tenant at the location for 26 years. The item was put on the consent agenda as a boilerplate item, similar to the Sims and Ruby’s Salon item which were heard in the past. Lynn Simmons , 700 Casa Loma Boulevard, appreciated doing business in Boynton Beach and wanted the business to continue at the location in perpetuity. She noted she was successful because of the location of the boat and the dive shop. Ms. Simmons felt the lease was decent and the rent was fair, but she needed a longer-term lease. She was aware the City entered into a five-year, five-term lease with a wireless tower company. She explained this past year she lost four serious sales to serious business owners who would not talk to her without a better lease. Her present location may not remain. She advised the proposed draft sent by Mr. Simon was acceptable with a few suggested changes. She compared the lease for this year to the interim lease they previously had and made changes she thought applied. She advised the interim lease last year promised a long- term lease. The renovations were still ongoing and would remain ongoing for some time. The first item pertained to language indicating the leasor shall lease to the leasee the same or comparable boat slip leasee had been utilizing. Staff felt a problem was the word comparable as it was subjective, due to either size or accessibility to the slip, and with the new construction and the turning radius of the SeaMist, there were issues. Mr. Simon was working with the dockmaster to optimize the marina and the ability to bring in new boats and with different sizes. There would be a substantial amount of boat slips that could house larger boats than were already there. If the wording allowed the flexibility of the boat lease as being the overriding language, Mr. Simon indicated the boat lease should be kept with the vessel and the building lease separate. A multi-year lease was a problem. Ms. Simmons also sought to have her rent offset for services provided to the CRA or other tenants as compensation for the marina informational services she provided. Mr. Rodriguez suggested the item be tabled and Ms. Simmons meet with Mr. Simon and Ms. Bright to bring a clean lease back to the Board. This topic had been discussed in the past and Mr. Weiland assumed that Mr. Simon and the tenant reviewed the items and that Ms. Simmons came back with another revision of what she would like to see. Ms. Bright agreed staff would meet with Ms. Simmons regarding the lease. They would structure the agenda item differently when it was brought back to the Board and the Board could evaluate it then. 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 15, 2010 Motion Mr. Rodriguez moved to table, that staff go back and clearly define what the Board decisions need to be made are, versus the staff decisions. Vice Chair Hay seconded the motion that unanimously passed. Ms. Simmons apologized to the Board for not meeting with Mr. Simon sooner. On a different matter, Ms. Bright announced Mr. Simon completed an application from the Metropolitan Planning Organization, and the Community Redevelopment Agency was awarded $37,000 for a water taxi grant. Ms. Bright sent the information to various media and received a call about it and how it interfaced with the County’s program. She thanked Mr. Simon for his efforts. VIII. Information Only: Chair Taylor read each item for comment. A. CRA Policing Activity Report for the Month of February 2010 and District Statistics for the Months of January and February 2010 B. Public Comment Log Monthly Update C. CRA Media Ms. Ross requested an update on the Urban Land Institute (ULI) selecting the Community Redevelopment Agency as a Sustainable Pilot Project area. Ms. Bright explained a Memorandum of Understanding would be drafted. Staff would be working on the deliverables and then take it through the Green process. The ULI would utilize the draft the Community Redevelopment Agency staff developed for the Greencentive Program and the Downtown Master Plan and hoped to create a boilerplate educational tool from it that would be used by cities throughout the United States. Ms. Ross noted she would be out of town on Friday and she would not be able to be present. D.New Contract for Trolley Advertising Ms. Bright explained Margee Walsh was told to drop the program in December; however, she just signed an advertising contract bringing revenue to the Community Redevelopment Agency in the amount of $13,770. Ms. Bright would provide an update for the Board the next week. E. NSP Foreclosure Information 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 15, 2010 This item was moved to Old Business. IX. Public Comments: (Note: comments are limited to 3 minutes in duration) Chair Taylor opened the floor for public comment. No one coming forward, Chair Taylor closed the public comment. X. Old Business: A.Consideration of Revisions to Commercial Façade Grant Mr. Simon explained this item was to consider two amendments to the Commercial Facade program that the Board approved last summer. Since the program was active this year, they had several occasions where landlords did not take part in the program or tenants did not take part because of a language glitch. Section 7 of the application read, "The Facade Grant may only be used one time in a 5- year program for any one property." Examples of locations affected because of the language were the Woolbright or Sunshine Square Plazas, marina, and Las Ventanas, because they were one property with multiple bays for commercial or potential facade grant users. The landlords did not want to sign off, under the current language, because if they decided to upgrade to a larger-scaled project in the future, they could not apply for the grant because one of their tenants already received one. Mr. Simon proposed language to indicate “any one applicant” as opposed to the property owner. This would allow the tenant to make the improvement. The owner would still have to sign off. There was consensus the Board was amenable to the change. The next item was to refine the program to eliminate people receiving grant funding 90 days after the work was finished. There were some applicants that heard about the program after the work was completed and they applied for reimbursement. Staff had no say or input over the matter. It was thought the program should be managed consistent with the way the other programs were, which was for applicants to approach the CRA first and then do the work. It took two weeks to 30 days to process the application and issue the reimbursement. If the revision was approved, work currently in progress would not be covered under the grant. It was noted reimbursement after the fact did not occur often, but staff felt it was appropriate that the Community Redevelopment Agency not reimburse applicants for work already done. There was Board consensus regarding the second change. B.Consideration of Land Exchange between the City and CRA 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 15, 2010 Ms. Brooks explained staff had been working on this item since 2005. Since both parties had land, it was proposed the City would take the land on the west side of Seacrest and CRA take the land on the east side of Seacrest so the CRA could aggregate parcels into a size more appropriate for development. The agenda item contained a listing of each property the Community Redevelopment Agency owned on the west side of Seacrest and the City owned on the east side of Seacrest and what was paid. The City properties were obtained via tax deed since the Property Appraiser offers the property to cities first. The Community Redevelopment Agency paid $900,000 for property on the west side that was proposed to be given to the City for the expansion of Sara Sims Park and included a block of single-family homes. The Board had a previous discussion about staff approaching the City to consolidate properties and having a combined RFP. The thought was there should be one owner for the developer to work with. Both parties would work together on the RFP and the matter was discussed with Quintus Greene, Development Director, Kurt Bressner, City Manager, Lori LaVerriere, Assistant City Manager, Lisa Bright, Community Redevelopment Agency Executive Director and Ms. Brooks, but there was still discussion of aggregating the properties. The RFP would be issued jointly by the City and Community Redevelopment Agency. If aggregated, the CRA plan was for the east side to be developed as multi-family, which was consistent with the Heart of Boynton (HOB) plan except for the corner, which was designated as commercial. The Community Redevelopment Agency owned both parcels on the south side of the corner. REG recently performed a feasibility analysis for an incubator there, but staff still had to review the economic, land, site and other feasibility issues. Contingent on money being available to develop the parcel as multi- family, staff could issue an RFP for the south side, if the land were aggregated, because there would be a site large enough to attract someone. Eventually, single-family residential would be developed on the west side of the block adjacent to the elementary school and the south side of the property would be added to Sara Sims Park, which was in keeping with the plans the City had in 2005 and the Heart of Boynton plan. The road coming out on an angle would be closed off as part of the Seacrest Streetscape project. Mr. Greene, confirmed Ms. Brooks’ statements. The City was looking to assemble a developable parcel on the east side by combining property large enough to attract a developer, market conditions permitting. On the west side, south of MLK Boulevard, the plans were to expand Sara Sims Park. On the north side, in the block bounded by MLK Boulevard, 11th, Seacrest and NW 1st Street, the City planned to redevelop that block with single-family housing. The idea, as contained in the HOB plan, was they needed to bring back to the community a balance of affordable multi-family and single-family 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 15, 2010 housing in the core of Boynton. On the west side, they hoped to have new single-family homes adjacent to a magnet school, a redeveloped park across the street for new multi- family homes and some neighborhood commercial. The plan was consistent with the HOB and they were moving in that direction. Mr. Greene expected the Community Development Corporations (CDCs) would play a role in the development. Vice Chair Hay commented the development has been a long time in coming and it would be a positive influence to inform the residents development was forthcoming. He inquired whether staff had something concrete they or he could share with the public or a timeline for such development. Ms. Brooks explained next month, staff would bring back a feasibility analysis for the Roberts property and the Jesus House of Worship for a small business incubator for office and retail for the Board’s review and discussion. Staff was attempting to close the economic circle where they trained people and provided assistance and space they could use in the community to retain those individuals. Staff received a site analysis from REG and was determining what type of rent should be received, what kind of mortgage it could support, other items such as funding gaps, and whether the Board wanted to provide that gap to create an economic development engine for the area. The incubator space was an objective in the HOB Plan and was particularly consistent with a discussion the Board had last year. The best way to control the incubator was for the CRA to operate it. Many residents from the HOB who passed the free training classes would attend the next meeting and the Board could decide the matter then. , Mr. Bressner suggested the parties should be flexible with whether the RFP would be a joint endeavor since the development to the west may be different than the east. He agreed combining resources was a good idea, but there may end up being two different RFPs. He suggested rather than by motion saying it was a joint RFP, that it would be helpful for staff to have the flexibility to develop one or two RFPS, and make the decision later on. Ms Bright agreed with the City Manager to organize it differently because three RFPs could be needed . There was conversation the original discussion was to combine them to attract developers so there would be a greater opportunity for profit. It was clarified that the minutes from the February 9, 2010 meeting reflected there was a change in direction and the Board wanted the land swap first. The gist was development could be attracted even for a smaller block. Staff never intended to issue a joint RFP for the west side single-family development because they were still assembling parcels and the Community Redevelopment Agency would still provide assistance for it. They were talking about the east side of Seacrest on MLK Boulevard on the south side and aggregating a large enough parcel by combining ownership under one party that would be more attractive to a developer. This pertains to the land swap and the RFP would come later. 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 15, 2010 Motion Vice Chair Hay moved to have the CRA enter into an agreement for a land swap. Mr. Rodriguez seconded the motion that unanimously passed. s C. Consideration of CRA Office Option The 211 East Ocean Avenue building was purchased in the spring of 2007 to implement the Ocean Avenue District and the downtown. The goals and objectives obtained, through public participation from the EDAW Downtown Master Plan, were: public parking ? gateways ? redevelopment of the marina ? green building ? historic preservation ? public art ? public events and program activities ? marketing and promotions ? affordable housing ? economic development and job creation ? community policing ? Ms. Brooks explained, for the most part, staff was already implementing those goals or elements of them. The Ocean Avenue Cultural Corridor reflected a new identity where the public could visit, see public art, go to the library, attend a lecture, eat at the café and restaurants, and enjoy civic and office uses. Accordingly, staff was looking at infill mixed-uses. The idea was to bring together the different plans and create a unified vision. The two development anchors for the area were the marina and the cultural corridor. Staff proposed to start adding other uses to Ocean Avenue, which was a mixed bag of condominiums, apartments, Kenny’s Market, Hurricane Alley and Chicago Joe’s. They needed more retail there, as there was only a men’s clothing store. Immediate implementation projects that would start to create the downtown were reviewed. One project would be the 211 East Ocean offices and art gallery. Staff proposed to add an original type porch to the structure. The doors to the building would remain open and the public could enter and view art from local artists. The art was for display only, but local artists could showcase their work and include their cards with their contact information. 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 15, 2010 The 211 project could be implemented in 6-12 months. The structure would be redone with the new porch and an addition would be added to the back so it would not detract from the historic flavor. The structure would be very visible, lit at night and attractive. Another project that could be implemented was expanding the Children’s Schoolhouse Museum amphitheater, which hosts events and assists with creating the downtown. In addition to expanding the amphitheater to hold bigger and better events, it could be upgraded to make it usable for sound, electrical, lighting, and include a handicap lift. The project would serve as a central destination location for people to frequent which would start generating traffic and interest in the downtown area. This project could be implemented within 6-12 months. There was discussion of the St. Augustine amphitheater and West Palm Beach adding a second amphitheater. Staff noted upgrading the amphitheater was not an expensive undertaking. The expansion would be basically wrapping what already existed with more concrete. There could be storage under the stage for chairs, eliminating the need to transport them from another location. The Children's Schoolhouse Museum could use it and it would fit in well with the cultural center they were discussing. The Jones Cottage, which was a historical structure, could be moved to the SW corner of Ocean Avenue, creating another piece of the retail fabric that was missing there. The project could be implemented within 12-18 months and staff discussed relocating it with the City. The Community Redevelopment Agency would move it, hook up utilities and lease it as a coffee house, restaurant, or other use. It was similar to the restaurant, Dada in Delray Beach, or the former Elwoods, now Johnny Brown’s. It could serve eventually as a station for the FEC rail line. Staff noted in order for Ocean Avenue to be a destination, the gaps on the corridor had to be closed because pedestrians would not walk the full length of the corridor if there were gaps along the way. The Avenue could also be lighted. The goal was to create a 24-hour economy with people living, working and spending leisure time there. The Florida Department of Transportation approval letter for the marina entry feature on Ocean Avenue was just received. The entry marker was a Lighthouse with soft lighting and landscaping. The project was not difficult or expensive and could now be installed. Next month staff would bring back ideas, projects and funding sources. Long-term projects to accomplish in two to five years included the Old High School, once the use, design and funding was determined, and the overall Marina plan and the City Hall/police station. The 211 project would fit into the goal of implementing the downtown Master Plan. There were also other options available. The Community Redevelopment Agency office could remain at its present site or move to another location. There were two sites available that had the square footage the office needed and it was noted staff exceeded 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 15, 2010 the office capacity at its current location. One possible site was Flamingo Plaza, which was being upgraded and had about 3,000 square feet. The Board was advised the landlord would issue a credit to build out. Another option was the Office at Bamboo Lane at the south end of the district. If it was determined staff would not use the 211 East Ocean location for its office, it was requested the Board make a determination to sell the property, lease it, or create some type of public amenity so it addressed the implementation of the downtown master plan. Staff discussed those options at the budget hearing and Ms. Bright distributed those items to the Board. The 211 Ocean Avenue location was a historic site they would be preserving. The cost to renovate the structure would be $850,000. Staff would provide funding mechanisms to the Board and it was pointed out there were ways to reduce the amount due to the appraisal of the building covering the amount needed to make the improvements. Staff would provide an as-built appraisal to the Board and it was noted changing the location would double their space without doubling their rent. Chair Taylor expressed moving to the location situated the Community Redevelopment Agency office right in the middle of what the redevelopment area. He expressed owning was better than renting as it builds equity. He also favored the historic sense of the building, the preservation and the location. He was in favor of moving forward with the 211 location. Mr. Rodriguez commented of the three items discussed and which item would give the biggest bang for the buck but he felt the new location would be last on the list. If the Jones Cottage was moved to the corner for a restaurant, it would attract patrons. He suggested moving the Jones property. The amphitheater was the second item, which would draw people and kick start the area. While 211 was a priority, he felt the order to accomplish the tasks were to address the Jones property first, the amphitheater second and focus on the 211 property next year. Ms. Brooks noted the items were not mutually exclusive and they could all be done. Staff would bring the funding sources to the Board next month. Mr. Rodriguez suggested tabling the items until the funding sources were reviewed. The problem was their present office was for sale and their lease expired in May. If they were going to rent, they would have to build out, and contingent on the direction, they would have to move forward. Chair Taylor noted the agenda item pertained to moving to 211 East Ocean or not. Mr. Weiland was in favor of having the CRA office in the Heart of the Downtown area. It showed the community they were committed to the area and he trusted the funding would be there in order to do all three items if the board desired. He would like to see 211 moved forward. 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 15, 2010 Ms. Ross liked the idea and pointed out the proposed office would have an art gallery at all times. Ms. Brooks noted if there was an art guild that would operate it on the weekend, that would be fine and arrangements could be made to man it as most guilds made arrangements for it to be manned. It would not cost them anything to display their work there. As to the funding, it would essentially be a mortgage. Mr. Rodriguez requested the item be tabled to the next month with the new Board members so the new funding sources could be discussed. The Community Redevelopment Agency owned the building and have owned it for three years. Susan Harris, Finance Director, conducted the analysis that they could carry a mortgage. The as-built was a 30% equity position. The project could be done within six to six to eight month overlap making double payments on the mortgage. The Agency had enough money to buy the equity in the building. Staff waited for the new Board regarding the presentation for the roll-over funds. When the two new members were seated, they could undo anything the Board did. Staff needed direction because their present location was for sale and the owners of the Tiki Motel were trying to buy the building for their corporate offices. Chair Taylor noted three Board members wanted to move forward with moving to 211 East Ocean and thought there was consensus to move forward with it. When it is brought back with the financing, the new Board can change redeveloping it. Vice Chair Hay understood the rental situation in May. He pointed out there was a tendency to look to the next Commission meeting or Board, and he was looking forward to working with the new members. He expressed, however, there should be a sitting objective as it sends a message to the community that they have a commitment. Staff was an award winning staff and it showed commitment that the Community Redevelopment Agency was an integral part of where they were moving with development. Ms. Ross appreciated Vice Chair Hay’s comments. She inquired if the current Community Redevelopment Agency office was not sold by May whether staff would continue there on a month to month basis. Ms. Brooks explained staff needed to provide the landlord with some direction on what they were going to do. Right now if the building was sold, the owners next door were most interested and they would move into it. She did not know if the landlord would be amenable to holding over if the new owners would rent on a temporary basis, but if she let them know soon enough, they might accommodate the staff. It was not known what the renewal options and sale notice on the lease were. Attorney Cherof would have to review the document. 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 15, 2010 Motion Vice Chair Hay moved to direct staff to implement development of 211 East Ocean Avenue as a Community Redevelopment Agency office. Mr. Weiland seconded the motion that unanimously passed. Mr. Rodriguez felt it was unfortunate that the Board decided to approve a project without knowing anything about the funding mechanisms, and it was not the way he wanted to do business moving forward. He felt it was not presented. Chair Taylor understood the funding. D. Boynton Harbor Marina Slip Reconstruction Project Update Mr. Simon gave a PowerPoint presentation on the Marina and provided a brief history. The marina was purchased in 2006 with the goal of renovating it. The Board purchased the dive shop and slips as part of the purchase. The Board approved the RFP in March 2009, and it was issued in June. On September 8, 2009, the Board approved Shoreline Foundation for the work and the contract was signed on October 12, 2009. There were 24 slips in varying states of disrepair. The docks, pilings and decks were antiquated. The project consisted of replacing them, maintenance dredging of the basin and installation of 19 new aluminum new fixed-framed docks, and Epie hardwood and decking with 50-year hardwood with a life of eight to 10 years. New concrete and wood pilings, new utilities, power pedestals and some other marina accessories would be installed. Photos of the items to be repaired were viewed. Mr. Simon elaborated the dredging was difficult for the contractor as there were 11 tenants in the marina. He applauded Brian Smith of Waypoint Marina, the dockmaster, as he was an incredible source of assistance. There were 72 sealed stainless steel trucks that removed the dredged material from the basin over a three-week period. The construction phase encompassed the demolition and pilings. Another larger barge was utilized for this process which was moved in and out of the marina five times a day to not impede business. Mr. Simon noted it was quite an undertaking. Photographs of the pilings were viewed. Seventy-six concrete pilings would be installed, 45 wooden piles, and 520 feet of dock, five-feet wide. He explained the project was a great project and the Board should be proud. The improvements greatly upgraded and enhanced the Marina and surrounding area and raised the Marina up to a whole new level. The project was on schedule and could come in under budget. The project would be completed in April. NSP Foreclosure Information 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 15, 2010 This item was placed on the agenda because an update was requested on the foreclosure status of properties. In the interim, the City Manager held a meeting regarding the City/Community Redevelopment Agency land exchange. A variety of items were discussed to keep the Heart of Boynton moving. Ms. Bright had suggested the Community Redevelopment Agency may need to reallocate the $400,000 that the City Commission provided the Community Redevelopment Agency with for the Ocean Breeze project. Ms. Bright was not aware the City was unable to expend the $2.5 million of the Neighborhood Stabilization Program (NSP) monies, and she also neglected to remind them that on February 19, 2010, the Community Redevelopment Agency Board issued a Notice of Disposal for the Ocean Breeze project. The item was placed on the City Commission agenda and was tabled so the Community Redevelopment Agency could determine if the Board wanted to return the $400,000 they received to the City now or wait to see if any proposals were received on the Notice to Dispose. The City was allocated $2.9 million, and in October 2008, the CRA asked for an allocation of funds to redevelop the Ocean Breeze projects at the time they were going under contract with American Realty. The City restricted the use of the funds to homebuyers assistance funds. He was concerned was there was an RFP on the street and the money would come in handy if the Board received a good proposal. Ms. Bright explained they were trying to obtain property on the west side, (the Lucci property) which was in foreclosure. NSP monies can be used for a wide range of activities but the number one issue was for foreclosed property. The funds could also be used to redevelop vacant land. Mr. Bressner explained the City staff’s position was the Ocean Breeze contract was cancelled by the Community Redevelopment Agency in January of this year. Ms. Bright explained another special meeting was held and they were disposing of the Ocean Breeze land on the east side. On February 22, 2010, staff met about the land swap. Regarding the $2.5 million of NSP funds, they have until September to expend the money. The City is moving forward with the foreclosure acquisition. At the February 22, 2010 meeting, staff suggested the funds from the Ocean Breeze contract could potentially be reallocated for lien reduction activities of foreclosed properties on the west side. The City had no objection to the proposal and the funds staying in the area, but they had concern that if the dollars were tied to the disposal contract, for how long would it be, and at what point would the CRA make a decision on the Ocean Breeze property. He did not know if the dollars being tied to Ocean Breeze enhanced the marketability of the disposal of the property or not. That was a business issue. The City had no objection with the $400,000 being allocated to the Heart of Boynton area, but the matter should be moved forward. The City knew the contract had been terminated, and that was why they went forward with reallocating the monies elsewhere in the Heart of Boynton. 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 15, 2010 City staff was concerned about the entire program. The City went out for an RFP for a real estate administrator and the contractor was on board, but as a parallel issue, staff came back to the City Commission and requested a contract with the CDC’s to assist with the acquisition of the foreclosed property. This was a separate item coming before the City Commission. This could expedite the delivery of foreclosed properties under the NSP program as opposed to government purchasing the properties and going forward with all the appraisals. The City did not want the funds tied to Ocean Breeze. Vice Chair Hay expressed he was uncomfortable because each time they received funds to do something in the Heart of Boynton, something happened and the money disappeared. There was a plan in order for the money obtained. He inquired who was responsible for getting the monies out the door, because they could not do it. Quintus Greene, Development Director, explained the $2.9 millions was tied to specific activities, not a project. The $400,000 allocated to the Community Redevelopment Agency was for specific activities, which was the homebuyers assistance to write down the amount for purchasers of the homes at Ocean Breeze, it was not tied to the project When the contract was terminated with the developer, the activity ceased to exist for that project. He explained they could engage it in other similar activities. The money has to be spent to the specific activities. Regarding why the $2.9 million was not spent, it was noted no one spent any of the NSP monies anywhere, and HUD authorized the September 30th deadline to encumbered it. In order to do that, the City could not use the normal City property acquisition process, but they could use the CDC in the process. The CDCs have a lot of expertise, because they were actively engaged with the State Housing Initiatives Partnership (SHIP) program and they work with the City. Based on their understanding of the disposal agreement for ocean breeze, the City did not support tying the money to that contract. They had not seen the contract and did not know whether it was an eligible activity under the contract. Vice Chair Hay viewed the HUD website and it said the funds could be used for that purpose. Ms. Bright read from the City Commission minutes which indicated the $400,000 was restricted for the Ocean Breeze project for homebuyers’ assistance. If there were eligible properties under NSP, the Board was at the point it issued a Notice of Disposal to see if it could be redeveloped. The item could be brought back next month and decided whether they want to keep this item. The deadline was March 28, 2010 but it was Ms. Bright’s understanding the restriction was from the City Commission and not the program guidelines to only be used for homebuyers assistance. Mr. Rodriguez suggested they need a new plan to allocate the money outside Ocean Breeze and keep funds within the Community Redevelopment Agency. Vice Chair Hay 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 15, 2010 read one of the eligible uses was to use it to redevelop or demolish vacant properties. Chair Taylor wanted the money to remain with the Community Redevelopment Agency as did Ms. Ross and Mr. Rodriguez. There was consensus to keep the money in the Community Redevelopment Agency. Octavia Sherrod , Community Improvement Director, explained the main concern was the funds needed to be under contract by that deadline. There was an additional three year period to expend the funds but it must be under contract. The City and Community Redevelopment Agency needed to talk about what the Community Redevelopment Agency would do and how they would do it to ensure the plans would be acceptable. Once the plan was promulgated, there would be a 15-day comment period for the public, being duly advertised, to make any amendments needed and obtain HUD’s approval. Ms. Bright restated her understanding that the Board agreed it wants to keep the $400,000 within the Community Redevelopment Agency for HOB activities. Staff’s first priority would be to see what responses they received on March 28 and they would meet with City staff to see if there is was anything they like of interest and bring it back to the Board. The Board confirmed Ms. Bright’s understanding as correct. XI. New Business: CLOSED ATTORNEY/CLIENT SESSION - A.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 – TABLED February 9, 2010. Board Attorney suggests this matter remain tabled for one additional Board Meeting. B. 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– TABLED February 9, 2010. Board Attorney suggests this matter remain tabled for one additional Board Meeting. C. Promotion Requests at CRA Events Ms. Biscuiti explained she had been receiving a lot of requests to be a part of events. An example given was a local dance company wanted to perform at one of the events. Gary Davis, who teaches Filmmaking at the Carolyn Sims Center would also like to make a presentation. The last organization to approach Ms. Biscuiti was the Commit 2B Fit organization. She requested the Board set policy regarding how she should handle the requests. 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 15,2010 There was Board discussion the public attends the events, and do not want to hear a sales pitch. The fact that individuals want to come out and participate in an event was desirable, but sales pitches were not appropriate. Any presentations made would have to be made before the event. Ms. Biscuiti had drafted guidelines and sought the Board's consideration in order to keep the events orderly. Discussion turned to food vendors and it was noted there were some non-profits that participated as add-ons, such as the Green Market. Ms. Biscuiti explained the food vendors basically have an exclusive right and that vendors setting up tables in the dark while the public is watching an event generally do not fare well. The request pertained to limiting presentations to non-profit organizations Chair Taylor believed it would be a mistake to allow the presentations. After additional discussion it was agreed political entities or political non-profits would be barred. Motion Mr. Rodriguez moved to approve the recommendation with the clarification on the political non-profits. Ms. Ross seconded the motion that passed 3 2 failed 2-3 (Chair Taylor, aRfi-Vice Chair Hay and Mr. Weilland dissenting.) XII. Future Agenda Items None. XIII. Comments by Staff Ms. Bright congratulated Mayor Elect Rodriguez and Commissioners Elect Orlove and Holzman on the recent election. Staff looked forward to working with them and invited them to contact staff with any questions they had. She announced the Heritage Fest was held and was a success. Staff was working with the Heritage Fest Committee and they still did not have all their receipts. Accordingly, the event was not reconciled in preparation for the upcoming budget year to develop a program outline. The Chamber of Commerce sent correspondence thanking the Community Redevelopment Agency Board for being a partner in their Black Tie Dinner Dance fund- raiser. Correspondence was also received thanking staff for helping a Marina tenant with his business, and from Habitat for Humanity for partnering with them on the Collegiate Challenge. 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 15, 2010 XIV. Comments by Executive Director None. XV. Comments by CRA Board Attorney None. XVI. Comments by CRA Board Mr. Weiland announced it was his pleasure to serve as a Board member for the Community Redevelopment Agency, and to work with the Board, staff, and the Community Redevelopment Agency attorney. He agreed Mr. Cherof served the City well and recalled in 1999, Commissioner Nellie Denahan suggesting the gem of the City was the Legal Department, which was a valued resource. He agreed the counsel he provided could always be relied on. He reiterated he has never seen staff work as hard as the Community Redevelopment Agency staff did amongst themselves, the Board and other agencies, and to produce the amount of work they did was phenomenal. He commended them and advised it was a pleasure. Vice Chair Hay congratulated the winners of the previous election and advised he was looking forward to working with them. It was his prayer the members would work with a City agenda as opposed to an individual agenda. He looked forward to moving the City forward in the manner the citizens wanted. He expressed it was a pleasure to work with Chair Taylor and advised they gained a new friendship and respect for one another; that they agreed on most items but agreed to disagree on some. He also commended Mr. Weiland for the time they served together and announced he was looking forward to working with the new Board. Ms. Ross explained it was an honor to work with Chair Taylor on the City Commission and Community Redevelopment Agency Board. She thanked him for his leadership, support and guidance. She expressed the same sentiments to Mr. Weiland. It was a wonderful 2.5 years for her. She congratulated Commissioners Elect Holzman and Orlove and Mayor Elect Rodriguez as a fellow Hispanic in the City. She was honored to have a Hispanic American as Mayor of the City. She congratulated him and she looked forward to working with him as the Mayor and Chair of the Community Redevelopment Agency Board. Mr. Rodriguez thanked Mr. Weiland and Chair Taylor for their dedication, time and passion for wanting to do the right thing. He wished them the best in their future endeavors and noted a lot of time and effort was given to the City. He expressed he appreciated that and thanked them personally and wished them God’s blessings. Vice Chair Hay also congratulated the candidates who were unsuccessful and felt they should hold their heads up. They all offered something good. He attended many forums 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL March 15,2010 and advised there were very good ideas and thoughts from each candidate and he noted there were quality leaders in the City. Chair Taylor expressed to staff the outstanding work they did and that he learned so much by having such a professional group of individuals working together. He explained each member should be recognized in their own areas. The City was fortunate to have staff led by an Executive Director who was recognized Statewide by her peers for running the most outstanding Community Redevelopment Agency in the State of Florida. Receiving the President's Award spoke volumes about the credibility and professionalism staff had. He hoped staff would remain working in Boynton. He thanked them and advised it was wonderful working with them. XVII. Adjournment There being no further business to discuss, the meeting was properly adjourned at 8:41 p.m. 1~1~C!)DJ^lj/ Catherine Cherry '...............-[ Recording Secretary 031610 20