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Minutes 04-13-10 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, APRIL 13, 2010, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Jose Rodriguez, Chair Lisa Bright, Executive Director Woodrow Hay, Vice Chair Jim Cherof, Board Attorney Steven Holzman William Orlove Marlene Ross I. Call to Order The meeting was called to order at 6:31 p.m. II. Pledge to the Flag and Invocation Chair Rodriguez offered the invocation followed by the Pledge of Allegiance to the Flag. Chair Rodriguez noted to conduct the meetings in an efficient manner, Robert's Rules of Order would be followed. Public comments would be invited prior to a matter being finalized, and citizens would be provided with ample speaking time. III. Roll Call The Recording Secretary called the roll. IV. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Chair Rodriguez noted this item would include pulled consent agenda items and information items. ?VI., Consent Agenda, Items A. and D. were pulled for discussion by Lisa Bright, Executive Director. ?VI., Consent Agenda, Item C. was pulled for discussion by Chair Rodriguez. Board Attorney Request for Closed-Door Session to Discuss Litigation (See XI., C&D below): City Attorney Cherof announced that pursuant to XI. New Business, Items C. 1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 and D., the Board would recess into a closed-door session to discuss litigation and settlement strategies for a pending litigation initiated by the CRA against the Delray- Boynton Academy. The session would take place in the City Manager's conference room and would last 20 or 30 minutes. The attendees in the closed-door session would be the members of the CRA Board, the Executive Director, Attorney Cherof and a court reporter who would record the session and prepare minutes. The minutes would be available once the matter had concluded. Upon the conclusion of the closed-door session, the public meeting would reconvene, the remaining items would be addressed and the meeting would properly adjourn. B. Adoption of Agenda Motion Vice Mayor Hay moved to approve the agenda as amended. Ms. Ross seconded the motion that passed unanimously. V. Announcements & Awards Kathy Biscuiti, Special Events Director, announced the following events: A. Ocean Avenue Concert - Cricklewood The Ocean Avenue Concert Series would continue on April 16, 2010, at the Ocean Avenue Amphitheater. Cricklewood, a local favorite, would perform from 6:00 p.m. through 9:00 p.m. Food and beverages would be available for purchase. Attendees should bring chairs and blankets, and food and beverages would be available for purchase. No pets would be permitted. B.Movies on the Ave. – May Movie – Up The movie Up, winner of the Academy and Golden Globe Awards, would be presented May 7, 2010 at the Ocean Avenue Amphitheater beginning at 7:45 p.m. Attendees should bring chairs and blankets, and food and beverages would be available for purchase. No pets would be permitted. C.Palm Beach International Film Festival – Chicago The CRA would partner with the Palm Beach International Film Festival on Sunday, April 25, 2010 to present an outdoor screening of Chicago, at the Ocean Avenue Amphitheater at 7:45 p.m. The film had received a PG-13 rating. Attendees should 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 bring chairs and blankets, and food and beverages would be available for purchase. No pets would be permitted. Ms. Biscuiti extended an offer to provide Messrs. Orlove and Holzman, the new Board members, with a tour of the concert and event venues, including the Holiday Parade and Fourth of July celebration. VI. Consent Agenda A. Approval of Minutes - CRA Board Meeting - March 15, 2010 This item was pulled for discussion by Ms. Bright. B. Approval of Period Ended March 31, 2010 - Financial Report C. Approval of Supporting the Boynton Bach All-Star Cheerleaders This item was pulled for discussion by Chair Rodriguez. D. Approval of Business Signage Improvement Grant to South Florida Mastercraft This item was pulled for discussion by Ms. Bright. E. Approval of Funding up to $20,000 from the Residential Improvement Program to Dorothy Eblin F. Approval of Funding up to $20,000 from the Residential Improvement Program to Watesha M. Aime and Joanne Jean Noel G. Approval of Funding up to $20,000 from the Residential Improvement Program to Homero and Filomena Resendez H. Approval of Funding up to $20,000 from the Residential Improvement Program to Lessie Sherman I. Approval of Funding up to $20,000 from the Residential Improvement Program to Shari Tellman J. Approval of Funding up to $20,000 from the ResidentiiJl Improvement ProgriJm Homebuyers Assistance Program to Jermain & Willie Fashaw 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 K. Approval of Funding up to $20,000 from the ResidentiiJl Improvement ProgriJm Homebuyers Assistance Program to Valencia Spells-Anderson L. Approval of Funding up to $20,000 from the ResidentiiJl Impr<>vement PmgriJm Homebuyers Assistance Program to Charlene Edwards M. Approval of Funding up to $20,000 from the ResidcntiiJl Improvement ProgriJm Homebuyers Assistance Program to Kendra Rahming VII. Pulled Consent Agenda Items: A. Approval of Minutes - CRA Board Meeting - March 15, 2010 Ms. Bright indicated that on page 18 of the minutes a discussion had ensued with regard to presentation requests at CRA events. The motion read as follows: "Mr. Rodriguez moved to approve the recommendation with the clarification on the political non-profits." The motion was seconded by Ms. Ross. While the motion failed 2-3, the minutes incorrectly indicated it had passed 3-2. Additionally, Mr. Weiland was not included with the dissenting voters. Chair Rodriquez had supported the recommendation as the intent was to attract people to the downtown area and staffs request would have negated the intent. Motion Vice Chair Hay moved to approve as modified. Ms. Ross seconded the motion that passed unanimously. C. Approval of Supporting the Boynton Beach All-Star Cheerleaders This item was pulled by Chair Rodriguez. Ms. Bright indicated the request had been given to her pursuant to the CRA's Procurement Policy, and she brought the request forward for the Board's consideration. Chair Rodriguez advised the Mayor's Challenge- Commit 28 Fit Walk was slated for May 8, 2010, and it was intended the Cheerleaders be invited to cheer on the walkers as they made their way through the downtown area. He suggested a motion be made to grant the funding while requesting the support of the Cheerleaders during the walk. It was Ms. Bright's understanding that the Cheerleaders had already indicated their willingness to assist in the Mayor's Challenge, and this had been verified by Ms. Biscuiti. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 Motion Mr. Holzman moved to go forward with the addition that the Cheerleaders help with the Mayor's Walk and cheer on all the walkers. Mr. Orlove seconded the motion that passed unanimously. D. Approval of Business Signage Improvement Grant to South Florida Mastercraft This item was pulled by Ms. Bright. Mike Simon, Development Director, explained the item related to the approval of a Business Signage Improvement Grant application for JR Watersports, Inc., doing business as South Florida Mastercraft, for the signage on the property located at 725 N. Federal Highway. South Florida Mastercraft had taken over the building and opened a new business, taking advantage of the CRA's Commercial Façade Improvement Grant Program. The grant provided matching funds of up to $1,500 for the installation of signage for new or expanding businesses. The applicant had met all the qualifications. However, under the terms of the grant guidelines, payment for and approval of the signage was required prior to installation. th The applicant had the signage installed on April 8. If the signage had not been installed on that date, a two-week delay would have resulted relating to the availability of the bucket truck and the City's permitting process. The delay would have adversely affected the grant application. The grant opportunity had only recently been made available and it had been difficult for the applicant to comply with the criteria. As Mr. Simon felt timeframe issues would continue to surface, he suggested the Board modify the program. As another option, the Board could agree to a waiver and approve the grant. He noted, however, the Board had shied away from waivers in the past, opting instead to address program deficiencies by establishing new guidelines. Mr. Simon inquired whether the Board would prefer to deny the application and have staff present revised program guidelines for review at the next meeting. Chair Rodriguez pointed out the applicant had already paid for the signage, and he suggested the matter be tabled and that program revisions be brought before the Board at the next meeting. Vice Chair Hay supported tabling the item and bringing it back for further review. Mr. Holzman offered an alternative option to approve the grant with a waiver and place the item on the agenda for the next meeting. 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 Ms. Bright commented several people had difficulty complying with the criteria of the program. She offered to provide a comprehensive list of the individuals, as Mastercraft was not the only applicant caught in the crossfire. Mr. Simon believed revisions would result in a more efficiently-run program. Chair Rodriguez suggested the Board be given a "heads-up" prior to a meeting if a recommendation proposed by staff was not on the agenda. Ms. Bright apologized, noting she learned of the issue after the agenda had been prepared and felt obligated to pull the item. Motion Vice Chair Hay moved to table and bring back a revised signage policy. Mr. Holzman seconded the motion that passed unanimously. Staff would provide a comprehensive list and recommendations for amending the program at the next meeting. Attorney Cherof recommended a separate motion be made approving the consent agenda items that had not been pulled. Motion Ms. Ross moved to approve the consent agenda items that were not pulled. Vice Mayor Hay seconded the motion that passed unanimously. VIII. Information Only: A. Explanation of Small Business program Scoring Matrix IX. Public Comments: (Note: comments are limited to three minutes in duration) Herb Suss, 1711 Woodfern, expressed concern for the residents of the Preserve development. It was determined the Preserve, which was funded by the CRA in the amount of $2.5 million, had problems with defective Chinese drywall, and he hoped the issue could be resolved. He believed the federal government was recommending removal of the Chinese drywall and inquired whether the City or the CRA would help finance the removal. Ms. Bright responded she had previously addressed the concerns of Mr. Suss at a City Commission meeting. She noted the CRA had not invested $2.5 million in the development, but had provided assistance of approximately $1 million in home subsidy 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 programs. Staff had worked with five homeowners over the past year who alleged they had Chinese drywall but had never provided any verification. She believed Lenny Wolfe, of Cornerstone Developers, was working directly with the Federal Government regarding its Chinese drywall program. Ms. Bright made it known the CRA bore no responsibility and she did not believe the City was responsible either since the Preserve was not a City-funded project. Pursuant to the request of Chair Rodriguez, Attorney Cherof would provide a position on the matter that could be posted on the City's website. Victor Norfus, 261 N. Palm Drive, requested events be held on MLK Boulevard similar to the Heritage Celebration, but on a smaller scale. He also addressed the issue of overt littering and glass broken by individuals in the community and thought some type of surveillance or CRA police presence would be helpful. Mary Ann Monnin, 11545 Old Ocean Boulevard, requested a waiver and approval for a façade grant for a build-out for a structure located at 611 NE 3rd Street. She had requested financial assistance from the CRA in 2006 and 2007. The request was predicated upon financial hardships created by the additional costs needed for the build-out. Chair Rodriguez closed the public comments. He remarked that it was difficult for the CRA Board, or any board, to make immediate decisions when someone addressed a particular issue at a meeting. He asked that citizens having an issue not wait until the meeting to raise the issue, but to contact him or any of the Board members for guidance prior to a meeting. If Mr. Suss had contacted Chair Rodriguez or any of the Board members, he would have had a response to the Chinese drywall matter. With regard to Ms. Monnin's request, more information would be needed before any action could be taken. X. Old Business: A. Small Business Development Program Update-PowerPoint Presentation Ms. Bright provided an up-to-date report regarding the Small Business Development Program, a goal of the Heart of Boynton plan adopted in 2001. The Program was intended to encourage local job development and was an outcome of the Board's direction in March 2009 requesting staff meet with the community to determine how the $1.6 million pledged in the Heart of Boynton should be applied. The Small Business Incubator and Technical Assistance Programs were created as a result of those meetings. 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 In May 2009, the Community Committee provided input to CRA staff which was brought forward and approved by the Board. A Request for ProposalS (RFP) was issued in search of a consultant for the Small Business Development Program, and the TED Center was the selected entity. The Small Business Development orientation was held on December 10, 2009. Classes instructed by Annette Gray began in January 2010 and 50 students had enrolled. The first quarter was completed on March 26th and 24 students graduated. The second class was currently underway. Ms. Gray and some of the students were asked to come forward. Annette Gray, representing the TED Center, commented on the success of the Program. Growth, nurturing and retention of small businesses were crucial to the nation's economy. The classes were difficult and provided direction on concept to implementation not only for small businesses, but also for existing businesses that might be struggling because of the economy. Allan Hendricks, 122 SE 4th Avenue, went through the program and was in the process of establishing an internet business in the City. He anticipated the business would grow into a bricks and mortar company over time. He expressed gratitude to the CRA and believed the return on investment would be gratifying. It was his hope the CRA would continue its support of the program. Michelle Pate, 225 Citrus Trail, commented she learned about market analysis, how to write a business plan and prepare financials during the nine-week course. She described the course as "fantastic" and believed the CRA would be pleased with the outcome if the course continued. Chair Rodriguez had attended the graduation ceremony. He articulated the event was energetic and the students were excited about the potential for starting a business in Boynton Beach. It was intended the program would result in the establishment of businesses within the City and spur economic development. Mr. Holzman inquired whether questionnaires were distributed, asking what the students expected from the class and whether their expectations were met. He inquired whether anyone had contacted the students who had not graduated and what they did not like about the class. Ms. Gray advised a survey had been sent out within a week of graduation and the results would be provided to CRA staff. She attributed the attrition of the class to life factors. The students were expecting a class where the instructors did most of the talking. This class was interactive and technical in nature. Students felt they could juggle the classes with other events on in their lives. Feedback indicated that many of the students who did not complete the course would return for a subsequent session. The major challenge faced by students was funding. Qualified 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 graduates would be able to secure funding to establish a sustainable business. The types of businesses to be established by the graduates included graphic design, marketing, construction, manufacturing, architectural landscaping and carpet cleaning. Ms. Ross had also attended the graduation ceremony and enjoyed meeting the graduates. Some were from District IV and planned to start their businesses in the CRA district or in the City. B. Florida Fishing Academy Update- PowerPoint Presentation Ms. Bright noted the Program was operated through the Youth Violence Prevention Program originally targeting individuals 12 to 19 years of age. Captain Brochu presented the program concept to the CRA Community Committee in October 2009, and the item was brought to the Board in February 2010. The program taught life skills and teen leadership. The Program directly impacted the youth in the CRA district and currently targeted youngsters 6 to 11 years of age. The older individuals had embraced and mentored the younger individuals in a hobby that was both healthy and constructive. The CRA is committed to the waterfront and the Marina and the fishing program was an added element. Chair Rodriguez noted his support for the Program which had helped the youngsters and kept them away from the streets. He wished the Program was available when he was younger. C. Reconsideration of Administration Fee for HUD Grant - Children's Schoolhouse Museum Ms. Bright advised the item was presented to the Board on February 9, 2010 and at that time, CRA staff had negotiated a 5% fee for the administration of the U.S. Department of Housing and Urban Development (HUD) grant of $294,000 for repairs to the Schoolhouse Children's Museum. The CRA Board, however, had voted for a 10% administrative fee. The City has requested the CRA Board reconsider the action taken and recommended a 1% administrative fee. Chair Rodriguez recommended the administrative fee be forgiven and that going forward, the City and the CRA work together for a common goal. He pointed out staff would still be paid their salaries while working on the grant. Vice Chair Hay agreed cooperation should exist between the CRA and the City. However, administrative costs were standard and necessary to offset the costs of the administrative work to be performed. 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 Mr. Holzman pointed out the $294,000 grant funds were to be used to purchase windows for the Schoolhouse Children's Museum. It was not intended for either the City or the CRA to profit in any way. Any administrative fees imposed would defy the purpose of the grant. Ms. Ross noted she had an extensive background with non-profit organizations and appreciated the significance of grants, their oversight and administration. As such, it would be difficult for her to agree to dismiss the fee. Ms. Bright added the grant was inadvertently assigned to the CRA and additional work relating to the grant was not included in the CRA's work program. CRA staff had already expended 13 to 14 hours on this matter. It would be necessary for staff to hire and utilize professional services if the administrative responsibilities impacted staff's workload. In any event, CRA staff would accept the decision of the Board. Chair Rodriguez pointed out the City had recently expended numerous hours on a Neighborhood Stabilization Program (NSP) grant which would benefit the CRA's Homebuyer's Assistance Program (HAP). There would be instances where grants handled by the CRA would benefit the City and grants handled by the City would benefit the CRA. Vice Chair Hay noted the activities of the agency were driven by the CRA budget process and there was an assumption additional grants would be sought. He inquired whether a line item for grant writing was provided in the CRA budget. Ms. Harris responded a line item was provided in the budget under Professional Services for an outside consultant, although the monies had not yet been expended for that purpose. Lori LaVerriere, Assistant City Manager, indicated the City was desirous of maximizing the grant funds to have the windows of varying sizes installed at the Schoolhouse Children's Museum, and the completion of the project would likely exceed the amount budgeted. The grant was inadvertently assigned to the City through a typographical error at the federal level. City staff had approached the U.S. Department of Housing and Urban Development (HUD) requesting the error be corrected and was advised it was not possible. City staff then approached Ms. Bright explaining it would be necessary for the CRA to be the signatory and recipient of the grant in order for the project to be possible. City staff would prepare all the administrative reports required and turn the reports over to CRA staff for review and submittal. City staff would not impose an administrative fee as the work would be performed by the City's Grants Administrator as part of her responsibilities. 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 Chair Rodriguez opined the line item budgeted for an outside consultant should have been used in this instance so that the time allocated to CRA staff would not have been necessary. Ms. Harris explained while the line item was to assist with grant writing, it could be used for grant compliance if that were the Board's direction. She maintained that although City staff would be doing most of the work and turning the reports over to CRA staff, CRA staff could not merely sign off on the reports. A thorough investigation was required to ensure compliance with strict audit requirements for federal dollars awarded, whether $300,000 or $3 million. CRA staff had reviewed the most recent audits for the Cities of Delray Beach and Lake Worth and found deficiencies and material weaknesses. Pursuant to the Office of Management and Budget, a pass- through entity was responsible for monitoring sub-recipient activities. Ms. Harris noted $15,000 had been included in the budget line item for grant writing which was reflected on the CRA's audit and not the City's. While the single-audit requirement had not yet been met, this would be examined by the CRA's auditors. Ms. LaVerriere asked that the size of the project and the work required be kept in perspective. She did not believe any more than 50 hours would be expended by CRA staff in reviewing and submitting the invoices and reports. Chair Rodriguez noted he would bring the item back to the City Commission. However, he requested the Board not lose sight of the intent of the grant which was to help the Schoolhouse Children's Museum with the installation of the windows and that both agencies should work together to accomplish the project. After considering the comments made at this meeting, Vice Chair Hay advised he would support a 1% fee. Motion Vice Chair Hay moved that the Board go with a 1% administrative fee. Mr. Orlove seconded the motion for discussion purposes. Chair Rodriguez invited public comments. Herb Suss, 1711 Woodfern, believed the public wanted the Schoolhouse Children's Museum to have the windows and were not interested in percentages to be charged as the funds would be going from "one pocket to another." He also inquired where the additional monies needed to complete the project would come from. As the matter would be presented to the City Commission, he urged the establishment of a seven- member civilian CRA Board. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 Brian Edwards, 629 NE 9th Ave., served on the Board of the Schoolhouse Children's Museum and was desirous of having the windows installed. The return on investment for the City would be huge. Grant writers were always paid for their work and in this instance, the funds would end up in the coffers of either the City or the CRA. No one else having come forward, public comments were closed. Chair Rodriguez addressed the comments made by Mr. Suss relating to the civilian CRA Board. The approval of the City Commission would still be required regardless of who served on the Board or how many members had been appointed. Motion Mr. Orlove offered a substitute motion for a 1% fee and moving forward, there be no fees between the City, the CRA or any other governmental bodies within the City. Attorney Cherof noted the motion was out of order because it attempted to address a separate policy issue. The only item before the Board was the fee with respect to the Schoolhouse Children's Museum. Mr. Orlove withdrew his substitute motion. The administrative fee policy issue could be explored at a later date if the Board so desired. He believed the CRA was due some kind of compensation for the work to be performed by staff and supported a 1% fee. Ms. Ross cautioned that no one should lose sight of the work involved in grant writing, its oversight and administration which were significant and time consuming. The motion passed unanimously. D. Consideration of Third Amendment to ILA between City of Boynton Beach and CRA for the SE 4th Street Project Vivian Brooks, Assistant Director, noted the item was brought before the Board as the underground utility and resurfacing project on SE 4th Street was nearing completion. In discussions with City and CRA staff, it was noted the CRA had been carrying $973,000 for the project on its fund balance as the bids were a great deal lower than originally budgeted by the City. The CRA had been sharing in the project by approximately 25% and would like to release a portion of the funds, approximately $500,000 that were not needed, in order to fund downtown redevelopment projects. 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 Motion Vice Chair Hay moved to approve. Mr. Orlove seconded the motion that passed unanimously. E. Presentation of Ocean Breeze East Proposals and selection of proposer to begin negotiations on a Purchase Agreement Ms. Brooks noted the CRA had issued a Notice to Dispose of Real Property on the Ocean Breeze East, a four-acre parcel. The structure was formerly a Section 8 rental apartment building damaged in the last series of hurricanes. The CRA had demolished the building which was uninhabitable and purchased the land for redevelopment. However, funding sources had been problematic. The first presenter would be Auburn Development. The Board could reject the proposals, request additional information and have the proposers come back, listen to the presentations and then table the matter, or select a proposer and begin negotiations. 1. Auburn Development-PowerPoint Presentation Cito Berguiristain, Auburn Development, 777 East Atlantic Avenue, Delray Beach, promised Auburn would install all hurricane impact windows. Mr. Berguiristain discussed the relevance of the Low-Income Housing Credit (LIHCT) program as it was anticipated the Ocean Breeze site would be a 9% LIHCT financed affordable apartment community. Auburn's experience included the following: Auburn was one of the first tax-credit developers in Florida. Its principal and founder was a certified public accountant, a tax attorney, a developer and the first to receive tax credits for development in Palm Beach County. Auburn had been developing properties for more than 20 years and had obtained more than $200 million in subsidies. Auburn had developed more than 4,118 tax-credit apartments in Florida, managed 868 market-rate rentals, and constructed and sold more than 333 subsidized single-family homes, 588 condominiums, and 66 workforce townhouses. 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 Auburn developed life-care retirement communities, nursing homes, retail malls and tax-credit affordable housing and was one of the most experienced affordable housing developers in Florida. Auburn had constructed approximately 21 developments in the State of Florida. Some of the local developments included: . Boynton Bay, a 240-unit senior affordable rental housing built 17 years ago. This was one of the first senior developments built under the tax-credit program and was rehabilitated in 2008. . Groves of Delray, offered 158 senior affordable rental apartments, and a major rehabilitation was anticipated. . Walden Pond, with 321 units, was built in Miami with grant funds received as a result of Hurricane Andrew. . Auburn Trace, a Delray Beach development with 256 rental apartments, was among the first tax-credit housing developments built in Florida. Boynton Bay, the Groves of Delray and Walden Pond were recognized by the National Association of Home Builders as the finest senior affordable developments in the country. It had always been Auburn's intent to ensure that as a development matured, it would not contribute to additional blight but rather to the quality of affordable housing. Auburn had rehabilitated all of its assets after 15 years, giving the developments a brand new appearance. Mr. Berguiristain emphasized that in addition to securing financing to complete the construction of the 21 developments, Auburn had layered the financing with various revenue sources, including those for affordable housing. Auburn was experienced in working with compliance, reporting and completing the projects timely and on budget. Auburn's executive team had served on the Land Trust of Palm Beach, Palm Beach County's Housing Leadership Council, Palm Beach County Commission on Affordable Housing, the State Coalition of Developers and various non-profit organizations. Auburn currently provided health and nutrition classes, fostered grandparent services to the residents of Boynton Bay and coordinated transportation services with the Mae Volen Senior Center. Auburn hired contractors and subcontractors that resided in the community, who made every effort to hire minority and women business enterprises. Auburn worked with the community and its leaders in developing designs to improve 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 site plans and maintained good relationships with all police departments with whom they worked. Auburn ensured that its developments served as catalysts for further revitalization. Questions for Auburn Development and Auburn's responses were as follows: Q: Can you address green features? A: All new developments were Florida Green Building Certified. Auburn will be relocating 230 mature trees to the Delray Beach project. Since the units were affordable, the Energy Star appliances lowered the cost of energy per unit. Q: You proposed 24 three-bedroom units. There were many instances where adult children live with their senior parents. Could adult children live in a two or three-bedroom unit with their senior parents? A: Pursuant to Fair Housing rules, 80% of the units are required to be occupied by people aged 65 and older and 20% could be 35 years and older if the development was operated and marketed as a senior community. Auburn was open to both senior and family housing developments. While the demand for family housing would be higher and easier to lease, Auburn would consider the community's desire. Q: What is your rationale for the 84 units? A: Mr. Berguiristain noted 84 was the number that fit on the map. However, 87.8 units could be developed, which was allowed by the City. Q: With 84 units, what would be the density breakdown in terms of three- bedroom units? A: That would not change. Auburn proposed 84 units in the site plan for 24 three-bedroom units. The State of Florida would restrict the unit structure of a development if the developer applied for senior-specific financing. Boynton Bay and the Groves of Delray were financed as a family development, but operated as a senior development under the Fair Housing Program. This allowed Auburn to include three-bedroom units. Both Eastwind and Auburn concluded the property would be a nice senior site. 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 Q: Has Auburn thought of the various financing options available? Did you agree with the options presented by Eastwind? A: It is important to have a developer sign now. Applications for the 9% program would not be available until November, and it was not known at this time what the County would do with any leftover New Issue Bond Program (NIBP) dollars. A number of laws were currently pending in the Congress and if enacted, an opportunity would be available for funding. A Comprehensive Plan Amendment, if required by the State, could take six months to complete. The proposed development would probably qualify as a Small-class Amendment, which could be completed sooner. This might require clarification by CRA staff. Q: What is the cost of the project? A: $13,735.124 Q: Can you give us an idea of what the rents would be? A: Rental amounts were set by the State of Florida and ranged from $750 to a maximum of $1,040 for a three-bedroom unit. Auburn was currently receiving these amounts at Boynton Bay and Delray. 2. Eastwind Development-PowerPoint Presentation Jack Weir, President and CEO of Eastwind Development, announced he was accompanied by Robby Block, Development Manager for Eastwind who would serve as the Project Manager for Ocean Breeze East. Mr. Weir noted Eastwind would install standard-sized storm-impact windows. Mr. Weir had been a developer for 16 years and developed more than 6,000 units. He founded Eastwind at the end of 2007 and teamed up with Rob Hoskins, founder of NuRock Development based in the Atlanta area. NuRock was the 13th largest affordable housing developer in the country. NuRock's management company won awards for its "Breakout" program for family-type projects. Residents moving into the affordable housing communities were required to sign a "Code of Conduct." In return, NuRock provided larger clubhouses with an after-school program that focused on a secure environment for children. NuRock had developed more than 4,000 units and 25 projects primarily in Georgia and Texas. Eastwind and NuRock together served as the Florida arm of the organization. 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 Eastwind is currently developing workforce housing in Jupiter and Abacoa, and a joint venture with a non-profit organization for 120 units that would utilize the New Issue Bond Program (NIBP). In the NIBP, interest rates on the bonds were below market and locked in for the year. Mr. Weir is a member of the Housing Leadership Council of Palm Beach County and past Director of the State Coalition of Affordable Housing. He had turned down a seat on the Affordable Housing Commission of Palm Beach County because he believed this would create a conflict. Eastwind proposed to build a development to complement the Heart of Boynton Redevelopment Plan including the upgrading and beautification of Seacrest Boulevard. The plan would consist of an 86-unit, senior affordable rental community with a mixture of one and two-bedroom units. The site plan would feature a community center and three residential buildings, a pool area and recreational facility, and each floor would have an elevator. The use of green building materials and equipment would be emphasized, and NuRock would serve as the managing agent. Mr. Block advised the clubhouse would feature a leasing center, a ballroom, free health, wellness and mentoring classes, a technology room, business and fitness centers, billiard parlor, game room and a resort-style pool with a sundeck and cabana. All kitchens would be equipped with Energy Star-rated appliances and all bedroom and living areas would feature ceiling fans. Each unit would be cable and internet ready and would include window blinds, a patio and balcony, double-pane windows and water-conserving faucets. Wall insulations would be a minimum of R-7 and the attic insulation a minimum of R-30. Thorough background checks would be made for all tenants and leases would be strictly enforced. Mr. Weir indicated the New Issue Bond Program (NIBP) was not available locally. Tax exempt bonds were readily available and would provide 4% housing credits. However, this would create a considerable gap in the financing as the credits would be half the value of the 9% tax credits. Even if the cost of the land was nominal, gap financing would still be needed. Two potential financing sources included the Florida Housing Finance Corporation for tax-exempt bonds and an NSP1 (Neighborhood Stabilization Program) grant. While greater equity would be realized with 9% financing, the 9% tax credits would not be offered until 2011. Additionally, Palm Beach County had been subject to a low Set- Aside Unit Limitation allocation. 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 Mr. Weir felt the Board should consider the tax-exempt bond option. From a rent standpoint, a bond scenario would provide 4% tax credits for units at or below 80% of the Area Median Income (AMI). These housing credits could be obtained without going through a lengthy competitive process, but as noted earlier, were worth less than half the value of the 9% tax credits. Mr. Weir remarked NuRock and Eastwind had great financial strength, a strong track record, extensive experience with various programs and a strong commitment to the industry. The questions for Eastwind and Eastwind's responses were as follows: Q: What does Eastwind foresee as the total cost of the project, including all subsidies and tax credits? A: Under the bond scenario, the cost would be $12.3 million and under the tax-credit scenario, $11.7 million. Bonds had higher transaction costs. Q: Can you reiterate your involvement with other projects in Florida? A: "Mystic Wood," the last project developed with Creative Choice, was located in western Riviera Beach. The Jupiter project was in the development stage. Mr. Weir is currently developing a workforce housing project. Q: Given financing constraints, what do you see as a timeline on the project to secure funding if the negotiations were to go forward? A: The bond process would be speedier but would depend upon gap financing. The variables would include if and when the State offered financing or the County decided to utilize NSP1 (Neighborhood Stabilization Program) funds for rental buildings. Neither was assured. Construction could be completed in 10 to 12 months and leasing could commence just prior to the end of construction. Q: In either scenario, how much lead time would you or any other developer need to apply for the grants or tax credits. A: The lead time would probably be 30 days. Q: Where is your home base? 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 A: West Palm Beach. Q: You stated the project would consist of 86 units. Is that because you are not providing any three-bedroom units? A: The rationale was to develop a senior housing community on 4.3 acres with a maximum density of 87 units. From a quality-of-Iife standpoint, amenities would be nicer on a slightly larger project. Q: Are you proposing one and two-bedroom units? A: Yes, because the development would be for seniors. A courtyard feature would be provided for recreation. Onsite storage for some of the buildings was also proposed. Based on Eastwind's market analysis, many times, particularly when seniors are moving from single-family houses, they want readily available access to their belongings. This was not a major component of the project because of space constraints. Q: Would it be beneficial to mix seniors and families? A: It would depend upon the program. The 9% tax-credit program would require 80% to be occupied by seniors or families, but that is not to say you could not have seniors. Eastwind's market experience indicated that it was not beneficial to have seniors and teenagers together at the same recreational facilities. Q: The demographics indicated that the area to be developed was populated by approximately 2,800 people over the age of 65 and almost 8,600 people over the age of 21 and could be comprised of families with children. Would seniors want to move to a facility of this nature or choose to remain where they are? A: Eastwind's analysis indicated the best use for this particular site would be senior housing because of space constraints. However, there was a need for family housing in Boynton Beach, and Eastwind was hoping to explore other sites in the community. When an area such as Seacrest Boulevard was being revitalized, housing was significant. Eastwind was attempting to create a critical mass with more density to bolster retail establishments in the corridor. Q: Are their properties developed by Eastwind that you are still managing? 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 A: All of the newer properties developed are still being managed by Eastwind. Q: Of the current properties you have, which are the oldest and how long have you managed these properties? A: The oldest NuRock properties were built approximately 15 years ago and Creative Choice properties were also in the 15-year range. Eastwind's properties were newer and most recently included the Tampa, Jacksonville and Orlando markets. Chair Rodriquez inquired whether the Board was required to decide at this meeting the type of community to be developed or would a recommendation be made by staff or the developer. Attorney Cherof replied the decision would not have to be made at this meeting. Ms. Bright indicated staff would defer to the developer selected by the Board with the anticipation that tax credits for elderly or multi-family would be available. It was agreed the Board would select a developer this evening and negotiate the type of housing at a later date. Mr. Holzman felt both presenters possessed a good understanding of the project. As both had articulated, financing was a major issue regardless of the developer selected and would dictate what the project would eventually look like. Chair Rodriguez stressed flexibility was crucial. He was very impressed with the security and amenities at Boynton Bay, Auburn's history in Boynton Beach and Delray Beach and Auburn's rehabilitation and retention of its properties. Three-bedroom units were important as extended families often lived together. Vice Chair Hay noted he had visited Boynton Bay, felt it was a top-notch operation and would like to see something similar in District II. While he agreed both developers were qualified, he would favor the home-based Auburn Development which had been in business for 20 years. While the Board had previously selected Auburn for another project, the economic mix was not favorable at that time. While both presentations were informative, Ms. Ross favored Auburn Development at this point. She was also pleased with Auburn's local extensive history and awards received. While impressed with Mr. Weir's presentation, Chair Rodriguez felt one of the drawbacks was that Eastwind had only been established three years ago, and most of its projects were developed outside of the area. While Eastwind offered a mentoring 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 program and other amenities, Chair Rodriguez felt a local, established company would provide the type of project sought by the Board for the community. Motion Vice Chair Hay moved that thc BO;Jrd sclcct thc Auburn Dcvclopmcnt Comp;Jny to implcmcnt thc HC;Jrt of Boynton vision. to approve selection of Auburn Development to begin negotiations on a purchase agreement and to commence negotiations. Mr. Orlove seconded the motion. Chair Rodriguez invited public comments. Brian Edwards, 629 NE 9th Avenue, was pleased with Auburn's presentation, its concerns for the health and wellbeing of its residents and that Auburn would work with the City on security issues. He hoped the project would move forward and that it would be determined at the outset whether developers had been engaged by lobbyists. Mark Karageorge, 240A Main Boulevard, expressed his support for Auburn. He was impressed by the stability of the staff at Boynton Bay, and its compassion for their residents. Notwithstanding Eastwind's expertise in multi-family and affordable housing, Auburn's track record was more substantial locally. Auburn was innovative and well- versed in the tax credit process. Chair Rodriguez thanked Eastwind's presenters and hoped they would remain engaged with the City for future projects. The motion passed unanimously. F. Splashdown Divers, Inc. Commercial Lease Renewal - Tabled March 15, 2010 Chair Rodriguez indicated four of the tenant's requests had been agreed to by staff and/or Attorney Cherof. As such, he requested the Board focus on Items 3 and 14 and the Right of First Refusal. There was no objection to the request. Mr. Simon noted the item was brought before the Board to review over the tenant's suggested changes in the terms of the lease agreement. Mr. Simon met with Ms. Simmons, owner of Splashdown Divers, and she was aware of the items that would not be supported by staff. 21 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 Item 3. Denial of the tenant's request for a rent reduction for providing informational services to the visitors. The Board agreed with staff's denial. Item 14. Denial of tenant's request to provide an alternative rental relocation acceptable to tenant in the event the lease is terminated. Mr. Simon could not recommend acceptance of the language added by the tenant. If the Board wished to move forward with the project in the near future and terminate her lease, a buyout of the lease could be offered or a percentage of her rent could be applied to an alternative location. Chair Rodriguez suggested language be added such that if the lease was not renewed and the tenant was in good standing, the CRA could offer an alternative rental location. However, the CRA would not be bound by the tenant's acceptance of the location. If the tenant was evicted or terminated with cause and the lease was not renewed, no alternative location would be offered. The Board and Attorney Cherof concurred. Right of First Refusal. Staff recommended denial of tenant's request that the CRA provide a right of first refusal. This language was contained in previous leases and related specifically to the renovation of the building. Mr. Simon believed the language was added to ensure the tenant could return if she vacated the premises during the renovation. The right of first refusal language was redundant as upon the tenant's acceptance of the renewal, she would be the first person to be approached. Attorney Cherof advised that he had reviewed and was in agreement with all of staff's recommendations. The Board concurred. Motion Mr. Holzman moved to approve all staff recommendations on the lease agreement. Ms. Ross seconded the motion. Chair Rodriguez invited public comments. Lynn Simmons, of Splashdown Divers, 700 Casa Loma Boulevard, accepted the Board's decision. While she understood the CRA planned to install a welcome center near the fuel dock, she contended people did not enter the Marina at that location but 22 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 rather at the front entrance. She requested consideration be given to her because visitors to the Marina made it a practice to knock on her door for information. Chair Rodriguez agreed Ms. Simmons had a valid point and believed the continual interruption by visitors impacted her business. As such, he requested staff come back to the Board in the near future with recommendations that would best serve Ms. Simmons, the community and visitors to the Marina. The motion passed unanimously. G. Downtown Master Plan Implementation Strategies and Funding Options- PowerPoint Presentation The Board recessed at 9:28 p.m. and reconvened at 9:34 p.m. Ms. Brooks provided a brief history of the Downtown Master Plan (DMP). The process began in 2007 and was completed in March 2008. The DMP was adopted in January 2009 and amended to cover policing and infrastructure costs. Goals and objectives included the creation of public parking and gateways, redevelopment of the Marina, green building, historic preservation, public art, public events and activities, marketing and promotion, affordable housing, economic development, job creation and community policing. With regard to public parking, the CRA purchased half a block at 1st Street and 1st Avenue to provide parking for the Old High School. In addition to the 126 public parking spaces owned by the CRA in the Marina Village Condominium project, the CRA would have 100 public parking spaces in the Promenade Condominiums. The CRA designed the entryway feature for the Marina at the east end of the downtown area. Wayfinding signs were purchased for civic functions held downtown. The CRA purchased 24 Marina slips and the dive shop building to preserve the marine economy in Boynton Beach. A structure north of Two Georges Restaurant was purchased to create public access to the waterfront. A Master Plan was created at the Marina to enhance public access to the water and new piers, pilings and docks would soon be completed. The sum of $2 million had been received from Palm Beach County for the preservation activity. A green incentive program, which included brownfield designations, had been drafted. Staff was working with the ULI (Urban Land Institute) to refine the program so that it could be used in other cities and areas of the country. 23 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 Although a historic preservation ordinance had not yet been created, a list of eligible properties had been maintained. Two properties set forth on the list, the Jones Cottage and the Magnuson House, were purchased by the CRA. In order to support historic preservation, the CRA had purchased a parking area at the Old High School for future uses. The Butterfly Mandela was purchased for Sara Sims Park and publiC art had been added to the Seacrest Streetscape project that would be paid for by the federal government. Public art gallery space was being designed in the Magnuson House and the CRA paid for the Dumpster Art Program in the CRA district. The regularly-scheduled concerts and movies were relocated from the beach to Ocean Avenue and five annual events were added without any increase in budget or staff. The Palm Beach International Film Festival was brought to the City and CRA staff coordinated the Artavox event with the City's Arts Commission. A joint event was staged with the Chamber of Commerce for downtown merchants and sponsorship dollars were raised to support events. The CRA's annual State-required report was recognized by the International Downtown Association. Google Map was launched for area businesses and the CRA's website was revised. Social media included Podcasts, Facebook and Twitter. The trolley program was promoted and a $13,000 advertising contract had been secured. The downtown development sites were marketed at the International Conference last year and the FYI newsletter was distributed throughout the City. The Homebuyer's Assistance Program (HAP) had been funded and an RPF (Request for Proposals) had been issued for Ocean Breeze. Staff had coordinated with non-profits and private sectors for the development of 14 single-family homes. The CRA was the recipient of the President's Award from the Florida Redevelopment Association for its urban infill single-family housing program. Three new economic development programs were developed and the Commercial Fac;ade Grant Program had been in operation for six years. The CRA created the brownfield designation, Small Business Development Program and a database for all CRA businesses. The CRA Police had been in place for three years, resulting in a significant reduction in prostitution on Federal Highway and crimes across all categories. The Master Plan area stretched from Ocean Avenue to the C-16 Canal and recognized the Heart of Boynton (HOB) as a neighborhood to the downtown. Ocean Avenue was 24 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 designated as the cultural corridor and included the Library, Schoolhouse Children's Museum, Old High School and anticipated private art galleries. Staff had identified funding sources for the Marina entry feature, Amphitheater, Jones Cottage relocation and Magnuson House renovation and these projects could be completed in one or two years. A use would be determined for the Old High School at a later date. The Seacrest Streetscape project would begin in June. Negotiations would commence with Auburn Development for the Ocean Breeze East project and a small business incubator was under consideration at MLK and Seacrest Boulevards. The proposed entry feature at the Marina would be large in scale with a signage element approximately 30 feet high. The feature would be landscaped and softly lit at night. A park-like setting would be created, and a public art sculpture would be featured. Staff recommended the information/welcome area be located outside the dive shop area. The current stage at the Amphitheater to the east of the Schoolhouse Children's Museum would be replaced with an enlarged covered and lit stage. Chairs would slide under the stage for storage. The stage itself would measure approximately 965 square feet and would accommodate the concerts and movies currently held on Ocean Avenue. The Jones Cottage was built with Dade County Pine, measured 1,000 square feet and featured a coquina fireplace and chimney. The Cottage would be renovated to Code and would provide restrooms for the handicapped. It was staff's intention to relocate the structure to Ocean Avenue for use as a restaurant or retail space. A 450 square-foot public art gallery was proposed for the front of the Magnuson House which would be managed by the Public Art Administrator. Lighting and speakers would be installed on the porch to accommodate local musicians. The space would be available for public receptions and local artists and a public art sculpture would be installed in the front yard. The structure currently measured approximately 1,800 square feet, but would increase to 3,200 square feet with the suggested improvements. There had been no significant private interest in renovating the space for office use unless an elevator was installed for commercial value. Chair Rodriguez suggested consideration be given to a use that would most favorably impact Ocean Avenue, whether a CRA office space, small gallery or other use. The estimated budgets for the projects were as follows: 25 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 . Marina entry signage feature $200,000 . Magnuson House 225,000 870,000 . Amphitheater . Jones Cottage relocation and renovation 200,000 A contingency of $145,000 was anticipated with the cost of the projects totaling $1,640,000. Financing sources were as follows: . $150,000 left over from the Marina project. . $500,000 from the 4th Street project. . $100,000 reallocated from the Residential Improvement Program (RIP). . $490,000 rolled over from the fiscal year 2008/2009 audit. . $400,000 from the mortgage on the Magnuson House. The longer-term projects were comprised of the following: . The Old High School. . Small business incubator on MLK Boulevard. (Staff was engaged in negotiations with non-profit organizations regarding the construction of incubator bays.) . The remainder of the Marina (funding would be determined). . City Hall/Police Station. (Locations and funding sources would be determined. While these facilities were located in the CRA district, public facilities could not be funded with CRA dollars.) Although the CRA maintained a strong financial position, its bonding ability could not be exercised until 2011 or 2012. Discussion ensued on the projects as follows: . Marina Entry feature. 26 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 Mr. Holzman felt the Marina was in need of a "facelift" and an entry feature would add a great deal from both a residential and commercial standpoint. He noted the owners of facilities at Marina Village reacted positively to the entry feature. Mr. Orlove hoped the Arts Commission would be involved in the utilization of the space for public art. Ms. Bright explained this project focused on the signage feature while capturing the existing art as part of the process. Staff would continue its ongoing dialogue with the Public Art Administrator. Chair Rodriguez was concerned the waterway would be obscured by the foliage and suggested this be explored. Upon consensus, the Board agreed to the entry feature. . Amphitheater. Ms. Brooks advised staff had requested REG Architects install a cover for the Amphitheater which added to the cost of the project. The Amphitheater would accommodate 500 people. Chairs would not be purchased in the current phase and additional monies were factored in for the design and architectural costs. Rick Gonzales, REG Architects, advised the storage space would amount to approximately 1,000 square feet under the footprint of the building area and a handicap lift and steps would be installed to the right of the structure. The canopy would provide shade and protection from inclement weather, would meet wind load requirements and would enjoy a life cycle of 20 years. On consensus, the Board agreed to the Amphitheater. . Jones Cottage Relocation/Renovation. It was Ms. Brooks' understanding that interest had been expressed by the community for a restaurant at the location. With the current configuration, three of the 23 parking spaces would be lost. However, parking was available in the vicinity and consideration was being given to opening up and resurfacing a nearby unused City parking lot. On consensus, the Board agreed to the Jones Cottage project. 27 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 . Magnuson House. (Art gallery/offices.) Mr. Holzman expressed his preference that the building be retrofitted for a restaurant which he felt would add to the value of the neighborhood. If the downtown were viable, use of the space for an office would make sense. Mr. Orlove believed office space did have value because it would reflect the CRA's interest in developing Ocean Avenue and provide a home for the CRA. He did not want the street to become one entity and envisioned it as more of a casual, relaxed mixed use. The site was just one spot on a street that had other opportunities. Vice Chair Hay concurred with Mr. Orlove and believed locating the CRA at the site would convey a sense of commitment. Ms. Ross supported the project from the onset, and now that the art gallery concept had expanded, she appreciated the project even more. Chair Rodriguez did not believe relocating the CRA to the property reflected a commitment to develop the downtown or validated the purpose of the CRA. Delray Beach officials had taken a strong position on what it allowed on Atlantic Avenue which was crucial to economic development. As such, Delray's CRA was not located on Atlantic Avenue. Chair Rodriguez had contacted developers and attorneys, inquiring where they felt the CRA office should be located in Boynton Beach. They believed the space should not be used for an office, but rather for a business or restaurant that would provide economic development opportunities. They suggested the CRA be located in the area but on a side street. There were a number of other properties close to Ocean Avenue that were less expensive which could be purchased for the CRA offices. Chair Rodriguez offered these suggestions to the Board. Mr. Holzman pointed out the Delray Beach CRA had been moved to its current location after the downtown had regenerated itself. The Boynton Beach CRA continually erred by utilizing prime real estate for non-economic drivers. Ms. Ross did not feel Boynton Beach should emulate Delray Beach. Atlantic Avenue was directly accessible from 1-95 while Ocean Avenue was not. She believed it could be beneficial to the Delray Beach CRA to have its office on Atlantic Avenue. Alternatives for the CRA offices were discussed. Ms. Bright explained it would be possible to rent office space on a month-to-month basis at the new medical office building ($5,000 per month) or at the Bed and Bath Plaza on Federal Highway ($3,000 per month). Build-outs at a cost of $25,000 would be required for either location. The CRA's current lease would be expiring at the end of May, and it was hoped the building 28 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 would be sold. Concerns were raised in that the CRA would be forced to relocate twice if it were to rent elsewhere and then move into the refurbished space. Following a lengthy discussion, Chair Rodriguez proposed the Board move forward with the other three projects and table the Magnuson House item. The additional time would provide an opportunity for CRA staff to explore other options and for the Board to review the financials relating to the Magnuson House. There were no financing issues with the other properties. Vice Chair Hay and Mr. Holzman agreed the item should be tabled in order for other options to be explored. Mr. Orlove did not object to tabling the matter. Ms. Ross felt that the community meetings and feedback received provided clarity and believed the Board was ready to make a decision. She added it was important the project comply with the provisions of the Downtown Master Plan (DMP) calling for 20,000 square feet to be used for art. Ms. Bright emphasized that she had always attempted to move the Magnuson House project forward. During the 2009/2010 budget workshops, she presented program options for 211 East Ocean (the Magnuson House) to: (1) landbank; (2) renovate/add; (3) lease as residential; (4) sell and (5) create a public sculpture garden. The Board members did not want the Magnuson House project to languish or be delayed. Ms. Bright explained it would be necessary to issue an RFP (Request for Proposals) to determine the community's interest in the use for the property. Chair Rodriguez articulated he would formulate a plan with the Executive Director and present it to the Board at the next meeting. Chair Rodriguez requested a motion for acceptance of the three remaining projects. Motion Ms. Ross moved to approve Items #1, #2 and #3 on the Downtown Master Plan strategies and funding options. Mr. Holzman seconded the motion. Chair Rodriguez invited public comments. Steve Skaggs, 728 Casa Loma Boulevard, was in favor of the entry feature proposed for the Marina. As he had received numerous inquiries about other dive boats, he felt there was a tremendous need for signage. Additionally, signage would be helpful at the 29 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 Federal Highway and Boynton Beach Boulevard entrance and would alert visitors as to the businesses in the area. In response to Mr. Skaggs' suggestion, Ms. Brooks advised staff was exploring an entry feature on the property owned by the CRA and had been in contact with MSCW, Inc. with respect thereto. She distributed a concept which was similar to what was on Ocean Avenue, but without the large architectural feature. Brian Edwards, 629 NE 9th Ave., expressed disappointment that the Board had not moved forward with the gallery. He felt the project would help jumpstart Ocean Avenue while redeveloping the historic site. It was crucial the four projects be developed as fast as possible and the Banana Boat, Two Georges Restaurant, Hurricane Alley and the Chamber of Commerce should be contacted. Barbara Ready, 329 SW 13th Avenue, Chair of the Arts Commission, commented the Arts Commission would be pleased to participate in any of the conceptual drawings and provide input into the entryway feature for the Marina, design concept for the Amphitheater and wayfinding signage. As a member of the Historic Preservation Ad Hoc Committee, she commented the Committee members were close to finalizing a Historic Preservation Ordinance for the City Commission's approval. Once the Ordinance was adopted and a Historic Preservation Program was in place, Boynton Beach could qualify to become a Certified Local Government (CLG) and be eligible for funding. The funding could allay the costs of renovating the Magnuson House and the Old High School. She suggested the Magnuson House be utilized for CRA offices as an interim sol ution. In response to the comments offered, Chair Rodriguez advised the Old High School would be addressed. As to the Magnuson House, the best use of the property would be explored, and he stressed the Board had made no decision with respect to staff's suggestion relating to the issuance of an RFP (Request for Proposal). Ms. Ross believed the speakers offered excellent points, and she hoped the expressions would resonate with the Board next month. The motion passed unanimously. XI. New Business: A. Presentation of Audited Financial Statements for FY2008-2009 As the presentation would be lengthy, Chair Rodriguez requested the item be tabled. 30 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 Motion Mr. Holzman moved to table the audit results. Vice Chair Hay seconded the motion that passed unanimously. B. Consideration of Approval of Subordination Agreement for Loan Modification for HAP Recipient, Andrae Robinson Attorney Cherof noted the item pertained to a Homebuyer's Assistance Program (HAP) loan to Mr. Robinson. The item was brought before the Board to determine whether the Board was prepared to allow the CRA loan to be subordinated to a refinancing on the property. Attorney Cherof recommended the subordination of the CRA loan on this property be supported. This would allow the property owner to remain on the property long enough to have the loan excused. Motion Mr. Orlove moved to support. Ms. Ross seconded the motion that passed unanimously. C. CLOSED ATTORNEY/CLIENT 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. 502009CA001119XXXX - TABLED February 9 and March 15, 2010. The public meeting recessed at 11:12 p.m. to meet in a Closed Door Session. The public meeting reconvened at 11:29 p.m. D. 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 and March 15, 2010 Attorney Cherof recommended a motion be entertained to remove Item D. from the agenda, as it would not be necessary to take any action at this meeting. 31 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 Motion Ms. Ross moved to remove "Discussion of Action regarding the Case of Boynton Beach Community Redevelopment Agency v. Delray-Boynton Academy, Inc." Mr. Orlove seconded the motion that passed unanimously. XII. Future Agenda Items A. Discussion of Implementing the Easy Agenda B. Discussion of Goals and Objectives for Period ended September 30, 2010 Ms. Bright noted she had been asked by Chair Rodriguez to present to the Board a list of objectives identified in the budget, tying them to specific deliverables and to recommend changes with respect to the Executive Director's evaluation. She requested motions be made by the Board providing such direction. With regard to the first request, Chair Rodriguez explained he had asked that the Executive Director prepare a list of goals that would be accomplished this year within the CRA. The information would be presented to the community and to the Chamber of Commerce for his State of the CRA address. Secondly, Chair Rodriguez believed the Executive Director's evaluations were elementary and task oriented and the Board would have little knowledge of whether she "met with staff regularly" or "conducted good staff meetings" and other similar items. The Board did not manage her operation and would not have the insight necessary to evaluate these items. Accordingly, Chair Rodriguez asked that the Executive Director review the evaluation form and remove the irrelevant items. Ms. Ross had no issue with the evaluation. She had been a Board member for more than two years and appreciated consistency. Perhaps the questions that were not directly relevant could be removed. There were many questions which were not elementary and were critical in explaining the accomplishments of Ms. Bright and her staff. Vice Chair Hay had no problems with the evaluation, but wanted to ensure the City was being held to the same standard as the CRA. Ms. Bright noted she misunderstood what Chair Rodriguez was asking for and mistakenly believed the information she was asked to document would be tied to her evaluation. She apologized and advised she was in the process of preparing the 32 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 information Chair Rodriguez had requested. The documentation being assembled had been routinely extrapolated by staff for the State of the CRA address. C. Request for Proposal for three single-family lots on Martin Luther King Boulevard. D. Request for Proposal for multifamily project on Martin Luther King Boulevard. E. Discussion of Small business Incubator on Seacrest and Martin Luther King Boulevards. XIII. Comments by Staff None. XIV. Comments by Executive Director Ms. Bright referred to comments made earlier by Mr. Norfus. She explained the broken glass from beer bottles had been scattered on MLK Boulevard at the Heritage Celebration. CRA staff was working with City staff, specifically Mr. Magazine, on this issue. As the broken scattered glass had become a public safety issue, Mr. Magazine recommended the Heritage Celebration be held at the Sims Center rather than MLK Boulevard. She noted $3,000 had been expended to clean up the glass and "No Trespassing" signs had been installed. Ms. Bright inquired whether the Board members had any interest in a Board training workshop. Messrs. Orlove and Holzman felt the workshop would be beneficial and worthwhile. Ms. Bright suggested her evaluation appraisal discussed earlier could be addressed at the workshop as well. XV. Comments by CRA Board Attorney None. XVI. Comments by CRA Board None. 33 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2010 XVII. Adjournment There being no further business to discuss, the meeting properly adjourned at 11:55 p.m. ~._~ 0---. Stephanie D. Kahn Recording Secretary 041810 34