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Minutes 04-12-11 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, APRIL 12, 2011 AT 6:30 PM IN CITY COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA PRESENT: Jose Rodriguez, Chair Vivian Brooks, Interim Executive Director Marlene Ross, Vice Chair James Cherof, Board Counsel James “Buck” Buchanan Woodrow Hay Steve Holzman (left at 9:22) Mark Karageorge Bill Orlove I. Call to Order - Chairman Jose Rodriguez Chair Rodriguez called the meeting to order at 6:33 p.m. II. Pledge to the Flag and Invocation Mr. Hay gave the invocation followed by the Pledge of Allegiance to the Flag which was led by Mr. Karageorge. III. Roll Call The Recording Secretary called the roll. A quorum was present. IV. Legal: There were no legal issues to discuss. V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Ms. Brooks requested pulling Consent Agenda Item A and also pulled New Business, Item C. Mr. Karageoge requested pulling Item C under Information Only. Mr. Orlove requested pulling Item F on Consent Agenda. Mr. Holzman had a question on Item F in Old Business as to whether or not this was the correct forum for discussion. It appeared the options being discussed were options that should be discussed at the City Commission level before coming to the Community Redevelopment Agency. Chair Rodriquez advised that ultimately the City Commission will make the decisions but there was certainly some partnership that could take place with helping to formulate options and providing properties that were available. There is a kind of mixed bag of property Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 owned so it would certainly be a partnership and this is the reason for the discussion. It certainly would have to come back to the City Commission for final approval of any actions. Mr. Karageorge mentioned that it is downtown development and the downtown master plan was generated and paid for by the CRA and therefore, the CRA definitely needs to have input. Chair Rodriquez stated there was a request to table items G-L under New Business because of the potential length of the meeting. Discussion on Item F and all those items are not time sensitive. Mr. Buchanan stated he put the items on the agenda and believes they are time sensitive. He requested them to stay on. Mr. Orlove suggested if time allowed, they could be discussed. Mr. Orlove would like to keep them on as well. Mr. Karageorge agreed with Mr. Orlove. B. Adoption of Agenda Motion Mr. Karageorge moved to approve the agenda as amended. Mr. Buchanan seconded and the motion was passed unanimously. VI. Informational Items by Board Members & CRA Attorney: There were no legal issues. Mr. Orlove commented that he attended the Charette regarding the Old High School with Vice Chair Ross. He is looking forward to seeing the report which will have a lot of good information in regards to ideas and questions and answers to the survey. Mr. Orlove also participated in the Mayor’s Run. Vice Chair Ross added there is more to come on the Charette. She also added that she believes this will be her last CRA Board meeting as Vice Chair, if things proceed as planned. Vice Chair Ross indicated it has been a wonderful year and great to be starting her second term as Vice Mayor. Mr. Karageorge wished to acknowledge that he attended the CRA Concert on the Avenue. It was a great success with attendance at over 200 people. He further advised he attended the Iberia Bank Ribbon Cutting with the Chair and Vice Chair. Even though this is out of the CRA district, this bank has stepped up and is a trustee member of the Chamber of Commerce. They want to be actively involved with our City. There may be sponsorship opportunities in the future with this Bank, especially with the upcoming budget year. Additionally, Mr. Karageorge also attended the ribbon cutting for Ocean Dental. This is a woman owned, minority business. Lastly, invited everyone to come to a benefit luncheon on Thursday at 11:30 at Benvenuto’s, where Mayor Rodriguez, would 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 be speaking on the state of the City, and hopefully the CRA. Also, Commissioner Shelly Vanna will be speaking on the state of the County. Chair Rodriquez mentioned the Mayor’s Fun Run/Walk and advised it was a great success with some great suggestions for next year. He expressed his thanks to all those who participated and contributed and guaranteed there will be over 800 participants next year. VII. Announcements & Awards: A. Ocean Avenue Concert Kathy Biscuitti, Special Events Director announced this Friday, the Ocean Avenue concerts will continue. The amphitheater is under construction and should be completed in a couple of months. The Concert will be in the same area and refreshments will be available for purchase. B. Movies on the Ave. Ms. Biscuitti also advised on May 6, 2011, the last movie will be Secretariat. This movie was chosen because the next day is the Kentucky Derby. There will be judges and prizes awarded for all those who wear Kentucky Derby style hats to the movie. C. Presentation of Boynton Beach Promotional Video Margee Walsh, Marketing Director, presented a promotional video on the City of Boynton Beach. Ms. Brooks thanked Ms. Walsh for the hard work she put in to making this video a great success. The video will be available through the website and DVDs will be handed out at conferences. It will be updated every six months. Mr. Karageorge inquired if the DVD would be available at the Quarterly Expos and Ms. Walsh indicated they would. Ms. Walsh thanked Mayor Rodriguez for his participation and also thanked David Schmidt and Becky Remmel with Evolution Entertainment. VIII. Consent Agenda: A. Approval of Minutes – CRA Board Meeting March 9, 2011 Ms. Brooks indicated there were a number of corrections to the minutes in a memorandum form, which will be given to the Clerk and if acceptable will table for next month’s minutes to approve. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 Motion Mr. Orlove made a motion to table minutes for next month. Vice Chair Ross seconded the motion and it passed unanimously. B. Approval of Period Ended March 31, 2011 Financial Report C. Monthly Procurement Purchase Orders D. Approval of Commercial Facade Grant to Sanjay Ent. of Palm Beach, Inc. d/b/a The Tiki Motel This item was pulled. E. Approval of Commercial Facade Grant to 710 Boynton Partners, LLC F. Approval of Commercial Facade Grant to 416 Boynton, LLC This item was pulled. G. Approval of Business Signage Grant to Gentle Dental Group of East Boynton Beach, PLLC H. Approval of Rent Subsidy Grant to Gentle Dental Group of East Boynton Beach, PLLC I. Approval of Interior Build-out Grant to Gentle Dental Group of East Boynton Beach, PLLC IX.Pulled Consent Agenda Items : D. Approval of Commercial Facade Grant to Sanjay Ent. of Palm Beach, Inc. d/b/a The Tiki Motel Chair Rodriguez advised this is a motel that is relatively close to his residence. He has concerns about the activity that takes place there. Chair Rodriguez asked the Chief of Police to pull service calls from the motel over the last year. There have been 61 calls for service at the motel for crimes such as thefts, disturbances, burglaries, drug offenses, suspicious incidents among others. He wanted to hear from the Board and from the motel owners. He feels the motel is not in bad shape, because they have received grants in the past. He is concerned about the crime rate at the motel and how it would be substantiated giving more taxpayer dollars for using our police services. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 Patit Patel, son of motel owners, 911 South Federal Highway, Boynton Beach, FL was present. Chair Rodriquez queried Mr. Patel how this façade grant was going to impact the motel. He added it is not a blighted motel; it actually is in pretty good shape. How is replacing a window or windows going to minimize the crimes that take place there? Mr. Patel responded that he was not sure about the crime but he feels it definitely would help reduce the phone calls the police receive. He advised most of the calls are about disturbances to the other guests because of noise that comes from the broken windows. When customers have a TV that may be on too loud, it is heard in the next room where other guests are. When two people in one room are having an argument, the people in the next room will call and complain. Chair Rodriguez requested Mr. Patel explain how the complaints will stop so the police are not called if the windows are replaced. Mr. Patel indicated it would certainly help reduce the calls. Mr. Karageorge advised the grant received was given to the prior owners before the Patel family owned it. In addition to that, what is now requested is to comply with Code. They are going from jalousie windows to hurricane impact windows, which will make it safer for the hotel guests, as well as reduce the noise so the disturbances do not become public. They will be contained to the room they are in. Mr. Hay advised that this is not the first time the Board has given grants of this type. He asked how the 61 calls for service compared to the others that were given out and what kind of calls are involved. Chair Rodriguez indicated he had no recollection of giving money to any establishment that had criminal activity or at least this volume of service calls. Most of the people receiving grants have been residential or well established businesses. Vice Chair Ross had the same issue as Mr. Hay. If we are doing this for this business, should we not be asking that for all of them? Chair Rodriguez advised the elected officials, know where the activity takes place and CRA police monitor that area. Motels have been closed down on Federal Highway so it is obvious there has been some kind of activity there. Mr. Hay clarified when these types of grants are awarded, this type of analysis is not done. Why now? Ms. Brooks indicated the CRA is a neighbor of the Patel family and there is quite a difference from the prior owner who was an absentee owner. The property was not taken care of. From her conversation with the CRA police, the bad activity has gone down and the issues that were in the past are not there now. It is unfortunate these types of uses exist and unfortunately there are people that need this type of housing in this economy. It is housing; it is not tourists unfortunately. If it is going to exist in this interim period for the next five, fifteen or twenty years until the economy 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 comes around, the CRA would rather see it look better than not. These are families that live there. They are there everyday. There is no trash where there used to be and there used to be a lot more unsavory folks coming to the door, hanging out and that no longer exists. Mr. Orlove indicated from the information provided to the Board, it appeared that one- fifth of the calls were for advanced life support. Some of the items appeared to be of a minor nature; this is not a heavy crime district or area, but if ALS is one-fifth of the calls, it could be assumed that means that someone has a medical emergency. Chief Immler confirmed that most of those calls are drug related overdoses. Mr. Orlove’s opinion was he did not feel it was the owner’s duty or responsibility to ensure everyone coming in there is in need of medical or some other kind of services and if 12 calls have been made in one year, it could be said that certain areas of the City have more than that in terms of ALS calls. Chief Immler indicated the statistics he provided Mayor Rodriguez were for all of 2010 and year to date 2011. Mr. Orlove asked the Chief Immler if he would characterize that area as being one of concern for the police. Chief Immler indicated he did due to the fact the Federal Highway corridor has always been an area of concern. The hotels draw a lot of occupancy for small hotels and the Police do get a number of calls. This is fairly well in proportion to other hotels in the same area. Mr. Orlove asked if he feels it has gotten better over the past year since the Patel family has owned the property. Chief Immler indicated he would have to do a comparison on the property to give accurate information. Mr. Hay inquired of Chief Immler to define a suspicious incident. Chief Immler advised when someone calls and has a generalized concern about a person or a situation that is taking place and it may need police intervention. Mr. Karageorge indicated he felt he has seen an improvement in the care of the property and feels there has been a general cleanup of the area in its entirety in the last two years, with a substantial reduction in crime activity. He further advised this is not a requirement of the grant process. Possibly this is an area that should be included as one of the areas to be considered for grants. He thanked the Patels for taking care of the property. Chair Rodriguez inquired of Mr. Patel what the motel was doing outside of getting the grant to help improve the crime situation.. Mr. Patel advised they are open 24 hours a day, seven days a week and are usually awake when someone alerts them so they can take care of the situation. When asked if there were “no trespassing signs”, he indicated yes. Chair Rodriguez asked what further was being done. Mr. Patel advised they would deny a room if they felt there was suspicious activity and there is also a security camera around the parking lot for monitoring outside the rooms. There was no further discussion. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 Motion Mr. Orlove made a motion to approve the grant to Sanjay Enterprises. Mr. Buchannan seconded it and it passed unanimously. Manisha Patel approached the Board to thank them for the grant and reiterated how they are trying to make improvements to the property. F. Approval of Commercial Facade Grant to 416 Boynton, LLC Mr. Orlove advised he saw what the applicant had put together with regard to the new façade of the building and inquired as to whether they had any tenants looking to occupy that space. Arthur Delmata, 105 E. Palmetto Park Rd, Boca Raton . They are working with a national tenant. There has been a proposal submitted to a national tenant and it is hopeful. He would prefer not to disclose the national tenant at the present time but they have submitted a lease and it is being reviewed by their corporate counsel. It is hoped to have a national tenant occupy that space. Mr. Orlove is looking forward to approving this and have something happen to that spot on Boynton Beach Boulevard. Mr. Delmata advised they will go forth with the improvement whether or not the national tenant goes through with their lease. They would require some interior modifications and as a result it was held up so the building plans would not have to be revised. Mr. Hay inquired as to what the projection date is and Mr. Delmata advised he was told he would be hearing from this national tenant within two weeks. If a lease is signed at that time, building plans will be submitted within four weeks thereafter. Mr. Delmata further advised they have their design as to what they are going to do, but they need additional items in the interior of the building and it gets expensive if you submit plans and then have to resubmit them for revision, architectural fees and associated things. He plans on having the building under construction at the latest the beginning of the summer. Mr. Karageorge inquired if Mr. Delmata could at least disclose the type of business that may lease and Mr. Delmata advised a restaurant. Motion Mr. Orlove made a motion to approve the facade grant and it was seconded by Mr. Hay. The motion passed unanimously. C. Heritage Celebration Expense Summary Mr. Karageorge advised the reason he pulled this is because he has concerns. He has been a supporter of Heritage Celebration for the last five years, both in attendance and support. When he looks at over $14,000 in expenses and only $900 in revenue and looks at next year’s budget projection, there is no money next year for this. He respects 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 and admires the association that does this but does not like that this year the CRA was paying for this function both on a Friday and a Saturday, when Friday night competed directly with the CRA concert series. Instead of partnering together, we were competing against ourselves. That is not productive. That should never happen again, especially when the CRA is putting dollars to both causes. In the future, that association should raise the money through sponsorships and be self-sufficient with the event, or partner with the CRA in a dollar for dollar matching type of situation. Next year, the CRA will not have the money. Forty percent of the budget goes to debt service and that is before salary. Mr. Hay agreed with part of it, but felt the responsibility lies on both this Board that approved the funds to be spent. The Board knew there was a concert going on and yet approved that to be funded. Mr. Hay advised he agreed with the partnering aspect and understands the shortage of funds, but at the same time, thinks an effort has to be made to continue to have that function and that activity in that area. It would behoove the Board to sit down with the organizing sponsors and try to come up with something that would be a win win for both organizations. Mr. Orlove he also agreed with Mr. Karageorge regarding Friday night. He believes that perhaps for February the Friday night concert could be in line with what the concert is on The Avenue. He also advised the Board members who were present during the budget hearings that the issue was talked about regarding the costs and there were no discussions where this organization was going to bring in money. He inquired whether it was this event or another event. Chair Rodriguez advised he thought he eliminated the funding for this event because of money issues this year. Mr. Orlove indicated he agreed with Friday night and also understands where Mr. Hay was coming from. At a price tag of $14,000, some of which according to the back up is a lack of information, vendors fees, or vendors bills, he thinks maybe this is a policy question of what do we do in terms of these events. If CRA funds are used for certain programs, then the Board needs to make sure there is accountability and responsibility. Chair Rodriguez indicated he shared some concerns about the expenses. This is the second year the party that put this together had raised very little funds on their own. It is bothersome to look at Atlas Party Rental for linens for almost $1,300. Doing the math, approximately 400 people plus another 100 and if half the people on Friday went on Saturday, it is $31.00 a person that was spent on this event. Chair Rodriguez thought of the policy situation, mentioned by Mr. Orlove, and what he would like this Board to consider is that in a best case scenario, the Board would match dollar for dollar. On a $14,000 event, the best we could do is match half, which is what was done for the St. John’s Picnic. Chair Rodriguez suggested possibly the Executive Director coming back with a policy that states in a best case scenario, the Board would match the organization for funds. Mr. Karageorge suggested the Executive Director come back with the policy in May, preferably before the June budget workshops. The budget workshops are going to be tedious. Approximately 55% of the dollars are already committed, before we accomplish 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 development. Chair Rodriquez wanted consensus from the Board about putting out a policy. Ms. Brooks suggested if the Board put out there that we have a new program that we are going to match events with private organizations by half, there would be issues. Chair Rodriquez clarified if the CRA is assigned to fund any event, that the best case scenario is to match it 100%. That does not mean the CRA has to do any of it. It just means best case. Mr. Orlove suggested that maybe on a case by case basis, the Board needs to review a budget so that when a private organization comes forwrd and wants to get CRA funding for a special event, there needs to be a system. The Board needs to know they solicited sponsors or got sponsorship of something. The budget is this and based on that, we do not want to match half. It needs to be on a case by case basis. Some sort of application process would make it better. Ms. Brooks used the example of St. Mark’s carnival and what would the Board say if they asked for money because other private groups have gotten funding. Vice Chair Ross added this is a group that is very active and dedicated but thinks they need help with fundraising and leveraging their dollars and would like consideration on that. There was additional discussion on the possibility of creating a policy before the June budget workshop and what to do to accomplish funding of programs in the future. Motion Motion was made by Mr. Karageoge and seconded by Vice Chair Ross to discuss the policy and a process for these types of events at the budget workshop. The motion passed unanimously. X. Information Only: A. CRA Policing Activity Reports B. Public Comment Log C. Heritage Celebration Expense Summary This item was pulled. XI. Public Comments : (Note: comments are limited to 3 minutes in duration) Brian Fitzpatrick, , 220 E. Martin Luther King Blvdwanted to discuss the possibility of seeking federal grants for surveillance cameras. The City of Boca Raton recently received $700,000 from the Justice Department for a city-wide surveillance system to 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 include hundreds of cameras. A good start would be in the CRA neighborhood. If that money is available, it would ease the burden on the Police Department, even though they are doing an outstanding job. Case in point, some of the issues that were discussed with the motel. We have seen increases in drug related problems over the last couple of years. A lot of that has a direct relationship to this being the drug rehab center of the United States. These people are coming here from all over the country. He believes these surveillance cameras would be a terrific tool for the Police Department to cut down on crime. Chair Rodriguez informed Mr. Fitzpatrick he will have the Chief of Police and the CRA Executive Director follow up on those items to the Commission for those potential grants. th Clifford Montross, 109 SW 18 Street, advised he has been attending many meetings, both the CRA and the Commission meetings. All that has been discussed for the last 15 minutes is talking about what we did not do right yesterday and how we are going to fix it. He believes one of the problems is we have a CRA and we have an elected government. The elected government is serving on the CRA. That is creating problems and it has for the past 10 years. He further stated the elected officials have to get off the CRA. He understands they are trying to work in that direction but the CRA has a job to do. It is not running Boynton Beach. It is serving a certain group of people and trying to make things better in a certain area. That is not government; that is a service that they are trying to provide. When the elected officials get involved and people call them and tell them what to do and get the heat from the public, the CRA can’t function. A possible solution would be that each of the Commissioners on the CRA appoint a person to the CRA and establish a five member CRA and take the politicians out of it. Chair Rodriquez advised this item is on the agenda. Jo Lynn Slebodnik , Marina Village, 625 Keslam Blvd, has been a resident of Boynton Beach since 1974 and understands that the Splash Down Divers in the Marina Village lease had not been renewed. She advised she used to live on a boat at the Marina in the mid-70’s with her late husband. It appears the CRA is pushing for historical areas. The building is close to historical, but it is a legacy. She feels Boynton Beach is losing its community and its people. First, the trolley was taken away and there were other viable options. She would like to see the plans as she understands the building is coming down and the CRA is going to plant more grass and palm trees. We do not need that. Chair Rodriquez closed Public Audience. XII. Old Business: A. Review of the Promenade DIFA Audit Report (Tabled March 9, 2011) Ms. Brooks indicated she did not see a representative present from the Promenade, Boynton Waterway Associates. She advised he had been called and emailed, return 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 read receipts but did not confirm. She inquired of Attorney Cherof if the check could be released. He indicated he was going to opine that this matter is on the table and this matter should remain there until a representative shows up, which was the motion at the last meeting and was tabled for purposes of having the presentation. Chair Rodriquez asked if the representative was aware that the check would not be released until he was present. That needs to made clear to him. Mr. Orlove called for a motion to table. Mr. Buchanan inquired as to the legality of not releasing the check until he is present to speak. Attorney Cherof advised of two provisions that trigger disbursement of the DIFA, one being the acceptance of the annual report, which has not occurred yet because it is tied to this agenda item. The other is if there is ever a default under performance, which there is and notice was given, there is a provision of the DIFA agreement that did not make its way into the reported documents which they have agreed to cure. Until that occurs, there is no requirement to disburse. Mr. Hay inquired of Attorney Cherof how long this can go on and if there is a time limit at which point a decision has to be made. Attorney Cherof indicated at some point when there is a deficiency in performance and there is an inability or refusal to cure that, and that would be by recording the amendment to the recorded document, the agreement could be declared null and void and there would be no future obligation and the matter would not appear back on the agenda. Chair Rodriguez inquired if there is something stronger that can be done to ensure we are covered for the next meeting. Attorney Cherof indicated he could communicate further in writing with the attorney that represents the developer. The time period is 30 days after we give notice and notice was given in March. Mr. Orlove inquired if this were not dealt with at the next meeting after being tabled twice, does that mean the Board is not moving forward and disbursing the funds? Attorney Cherof advised the Board needs to put an additional agenda item on to formally declare the agreement null and void. That is not covered under the current agenda item. Mr. Orlove inquired if it would be more prudent to amend his previous motion to have this placed back on the agenda a time certain was set to hear from the respondent. Attorney Cherof advised this matter is on the table and there has been no motion made to remove it from the table. First the item has to be removed from the table and then supplemental motions could be made. Motion Mr. Hay moved to remove the item from table. Mr. Orlove seconded the motion. There was more discussion to clarify if this issue keeps getting tabled, nothing will get accomplished. If there is a certain date and time that someone representing Boynton Waterways Investment Associates attends, then what is the point in tabling it? An item needs to go on the agenda for another meeting to say the Board is going to declare the agreement null and void. Attorney Cherof suggested leaving this item on the table and 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 add an additional item that is tied to it so that if no one shows up at the next meeting, the Board would move forward to do the formal declaration of termination of the agreement. The motion was amended. Motion Mr. Orlove made a motion to direct Legal to send an additional letter to the attorney of the developer and to add on to the next agenda an item to bring this to a conclusion by declaring default. Mr. Holzman seconded the motion that passed unanimously. B. Consideration of Issuing an RFP/RFQ for the Development of 21 Homes at Ocean Breeze West Ms. Brooks advised this RFP was drafted based on remarks from the Board regarding comments heard from the community and Board members. A percentage of the homes will be sold to moderate income and a percentage sold to low income. The homes have to be approved in quality and design by the Board; respondents have to have experience in assisting low to moderate income families and attain home ownership. Anyone can build homes but there is another part of it that has to happen. The financial capacity to complete the project takes someone that has the capability to get the line of credit at the bank and keep it going. For the inclusion of local builders and residents in the development and construction of the project, they must have the commitment to create a mixed income project. Ms. Brooks advised these are for sale homes, not rentals. There was an analysis done for those that complained about the lot size. These lots greatly exceeded the lot size of their homes. Chair Rodriguez inquired as to whether there would be a deed restriction not allowing people to rent the homes. Ms. Brooks advised they will have a deed restriction indicating they cannot be flipped for 15 years because that is part of the NSP funds. Chair Rodriguez inquired if there would be a restriction so as not to allow someone from buying and renting. Ms. Brooks advised that could easily be done. Mr. Karageorge mentioned whether we are bound to the NSP agreement and Ms. Brooks advised there has to be a deed restriction on it by the NSP, and with the City. The problem is there is a lot of public money going into this project so it may not be a good idea for people to turn around and rent the houses. There should be a requirement that they live in the home for 10 years to stabilize the neighborhood. There will be no HOA. Due to the size of the area and the financials, an HOA made no sense. Mr. Karageorge added with an HOA, the fees would be too high. The actual homeowners will be maintaining their land. Chair Rodriguez suggested possibly adding an HOA with documents just for appearance because the Board is going to give all these dollars away for these 4+ acres. Perhaps there should be language in the RFP that discusses the establishment of an HOA for an appearance type Board with minimal fees to try to maintain the level that will be built. Mr. Holzman added that the RFP stated they are not only to build the homes, but also take part in selling the homes. Possibly, the Board could ask its partner to ensure there is no renting when they sell the homes to the individuals so the Board is not responsible. Ms. 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 Brooks advised the RFP is not written for any one group. If the Board requires deed restrictions that rentals will not be allowed in the first 10 years of ownership, a reverter clause will be added. It has to be added now because the winning bidder will not comply with anything added later. Chair Rodriquez asked for consensus that restrictions about renting be added. All were in agreement and Mr. Cherof was asked to work with Ms. Brooks. Ms. Brooks advised she was working on a legal notice to establish a deadline of submittal of May 27, 2011. The Board would review in June and it would be back to the th Board June 10 with rankings and then the Board would decide what they wanted to do. Motion Mr. Holzman moved to approve the RFP with the added language in regards to rentals. Mr. Karageorge seconded with discussion. Mr. Karageorge would like to have input to allow independent people from outside review the material. Mr. Hay inquired what the percentage would be on low income and moderate income. Ms. Brooks advised there was a requirement with the NSP money. That requirement must be met through the agreement with the City. That is HUD’s guidelines to the City for accepting that money. Ms. Brooks read the rule to the Board. There being no further discussion, the motion passed unanimously. Public Comment Guarn Simms , 3021 S. Seacrest Boulevard, expressed his approval that there is going to be language that speaks on the rental issue. Mr. Simms felt this is an area that needs to be explored even more. Even if the 10 year language is added, where is the oversight to absolutely ensure that an owner is not renting? To establish something like this without some type of oversight plan, whether it is an HOA or some type of oversight plan, one is needed to ensure that this absolutely does not happen. Mr. Simms added the risk being taken is similar to what happened with the last building torn down; slowly but surely you get one owner or two owners that are renting out. Who is going to be the person to catch that and turn that person in? Where is the oversight? The language may be tough but if that is not a day-to-day application with somebody overseeing that, you are going to run the risk that it is another low income development where absentee owners are renting these places out and we are going to have the same blighted situation we had before. Brian Fitzpatrick wanted to expand and advised that one check that is currently in place is if the property was homesteaded, you can only homestead one property and it would be illegal to homestead a property that you were renting out. 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 Public comments were closed. C. Discussion Regarding Process for Replacement of Executive Director (Tabled October 12, 2010) Chair Rodriguez advised this was tabled on October 12 and asked for a motion to remove item from the table. Motion Mr. Buchanan moved to remove this item from the table and was seconded by Mr. Hay. The motion was passed unanimously. Mr. Orlove commented he put this on the agenda because he felt it is time to elevate the Interim Executive Director. He believed in his short tenure on the Board, Ms. Brooks has shown herself to be very professional, willing to work with the Board, and has moved the Board forward from where it was in the summer. He stated things are more stable and feels she should be entitled to the position. Chair Rodriguez agreed with the comments and feels the community also senses it and totally supports Ms. Brooks for the Executive Director position. He further stated she has done a wonderful job, is extremely hard working and has stepped it up, running a smooth agency and is well qualified to answer questions and issues. Chair Rodriguez advised he would like to discuss the elimination of the Assistant Director position. This is a small CRA from a staffing standpoint and feels the past seven months has improved and can be managed with the staff levels currently in place. Chair Rodriguez was informed that this position had already been eliminated at the budget meeting, which the Chair was not present for. Susan Harris, Finance Director recalls that the Mayor took objection to that. He wanted to see what would work out with Ms. Brooks’s interim status and then the issue would be brought back to the Board. At that time, the Board would discuss the elimination of the Assistant Director. It was the agreement not to do a nationwide search with a talented Executive Director right here who is obviously dedicated and enjoys her work. Motion Mr. Karageorge moved to elevate Vivian Brooks to the Executive Director position permanently and eliminate the position of Assistant Executive Director, contingent upon the execution of an employment agreement. The motion was seconded by Vice Chair Ross. The motion was passed unanimously. D. Update on City Foreclosure Action on 118 and 124 W. Martin Luther King, Jr. Blvd. (Luchey) 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 Attorney Cherof advised litigation is pending with respect to the foreclosure of liens on the property held by the City. Those are Code Enforcement liens. The judge in that case has recently signed an order granting time for an amendment of the complaint and an extension of time to answer. The answer is due on April 28, 2011. The City will be in a position to move for summary judgment in that lawsuit almost immediately thereafter. Attorney Cherof expects the conclusion of the case through the summary judgment process by mid summer. This is for information only. Mr. Karageorge advised he put this on the agenda because he has serious concerns th with these properties. West Martin Luther King Jr. Blvd. is actually 10 Avenue. On these two properties, the Code liens are in the neighborhood of six figures on each property. They are, for lack of a better description, crack houses. The Code Board voted unanimously to foreclose on these properties over a year ago. Mr. Karageorge th wanted clarification that on April 28, we would have execution of foreclosure from the th judge. Attorney Cherof advises that on April 28, the defendant in the lawsuit will file an answer to the amended complaint. Once the answer is filed, the case is then determined to be at issue. The CRA can move for summary judgment and can also set the case for trial in the event the judge denies summary judgment. This is the type of case where summary judgment is usually appropriate and granted because the issues are related to Code Enforcement and Board orders can no longer be disputed. Attorney Cherof anticipated a summary judgment by mid summer. Chair Rodriguez agreed this foreclosure needs to be expedited because these are the blighted properties. Public Comment AnonymousGuarn Simms , 3021 S. Seacrest Boulevard, There are members in the community on this particular item. It is understood there is a judgment pending, but when the opportunity is clear to move, then move on this action. There is too much history where this has happened before, the history with Boards dragging their feet, so whenever the way has been paved, move on this item. E. Consideration of Options for VIP Area at Public Events Mr. Holzman inquired with the rules that are coming from the Commission on Ethics in terms of accepting gifts, would it be the best idea for this Board to not have any VIP area until those rules are set out and everyone understands what is going on. Attorney Cherof advised it would be very prudent. Everyone was in agreement to table this item. Motion Mr. Holzman moved to table until some direction from Legal that issues have been resolved. Mr. Buchanan seconded the motion and it was passed unanimously. 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 F. Review of Options from Downtown Development Workshop – Feb. 17, 2011 Ms. Brooks advised they were directed at the joint Workshop on February 17, 2011, to come up with options for the potential relocation of City Hall and/or the Police Department and also to develop a list of potential City and CRA surplus properties that could be sold. Basically City staff and CRA staff met and developed a plan. She further stated she developed a matrix of the options that covered everything known. Option I; Moving City Hall and the Police Department to Ocean Breeze East, which is a CRA owned property. Chair Rodriguez wanted to clearly set an expectation for this presentation because the decision would ultimately be made by the City Commission. Ms. Brooks confirmed the goal of the evening was informational and for discussion only. Recommendations could be made and options considered as the CRA Board, based on the benefit to the downtown and CRA, but no decisions will be made. Ms. Brooks wanted to make note that the options she presents are very preliminary. On Option 1, CRA does own the site north of Boynton Beach Blvd. It could accommodate both facilities. It would free up the existing City Hall for redevelopment and generate revenue for the City. It would centralize operations and help revitalize the Heart of Boynton because it would be built on vacant land, create economies of scale, and create a police presence in the neighborhood. Whether the residents would support this or not is unknown,as it is not consistent with the HOB plan, but that does not mean it could not be changed. City residents may oppose the move out of the traditional downtown area and the City may have to pay fair market value to the CRA for the property because the CRA cannot use its property or the proceeds of its property for City municipal building projects. Ms. Brooks took the land value off the Property Appraiser’s website of approximately $792,000. Between the two, Jeff Livergood estimated about $175 a foot, which sounds about right for a public building with all the things that have to go into public buildings, like Commission Chambers and specialty items. You would be looking at about $35 or $36 million for that. Option 1A would be to move only the Police Department and leave the City Hall where it is. Chair Rodriguez mentioned the site is right across the street from the RFP just issued. This also would help revitalize the Heart of Boynton. Again, the police presence may create a perception of safety by the neighborhood. The cons would be that public safety functions would be separate, fire in one area, police department in another area. This is also inconsistent with the plan and the City would have to pay fair market value to the CRA and it would have a lost opportunity for the redevelopment of the City Hall site. Cost estimates are approximately $22 million. Option 2 is at High Ridge and could accommodate both City Hall and the Police Department. That would free up City Hall to redevelop into commercial that would generate revenue. The City already owns the land. The High Ridge option is not ideally suited for commercial use because there is no entrance on Gateway due to a grade 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 differential. Economies of scale would be gained because it would be building two projects at one time and everything would be in one area in a hurricane hardened building. It is also adjacent to the City’s only tri-rail station. Chair Rodriguez commented about bringing up the City Hall site for redevelopment. One of the studies was based on traffic counts. That is why it is such a lucrative corner. The question is how much of that traffic is due to City Hall and the Police Department being here which creates the traffic. Ms. Brooks does not currently have that information. Chair Rodriquez continued if this corner is such a great redevelopment corner, why is it that the north side of this corner is pretty slummed and blighted. Ms. Brooks commented it would have more value as commercial, but not a class A, high-end office space, but it could be a grocery store and other retail or class B office space. Mr. Karageoge added that when the Economic Development and Downtown Master Plan were done, the economic side of it talked about this being ideal for Class B office and/or commercial, and it was made clear that it had the potential for Class B and commercial. The opportunity the City would have is tremendous because of the size of the parcel and that is what adds value that other private developments do not have. Ms. Brooks continued that the cons to moving it out of the traditional downtown area is the residents around it may feel their neighborhood is not as safe and may feel abandoned as these traditional civic uses leave. There would also be a loss of historic identity for downtown, particularly with the move of City Hall. Once City Hall moves out of downtown, it is never seen as a good thing. If that move were to occur, the cost would be approximately $35 million to construct the two buildings. Option 2A is an option to move the Police Department only which was the original plan over to High Ridge and would carry the same pros and cons. However, if City Hall stayed at its current location, there would not be the redevelopment opportunity. That cost would be approximately $14 million. Option 3 which is the implementation of the downtown master plan is to move City Hall and the Police Department to the Civic Center/Art Center area along Ocean Avenue. The rationale for that was that the City already owns the land and the CRA could pay for centralized parking that would serve all the public locations, as well as the Library and the Children’s Museum. The CRA could pay for structured parking in that block and that is what was anticipated. Those two blocks where the High School and the Library are now, could benefit from some planning. A campus like setting could be created and it would create the opportunity to fix that area so it would be more attractive. It also creates an impetuous to save the Old High School by taking those uses that were in the Art Center and the Civic Center and putting them in the High School. It leaves an opportunity for the redevelopment of the existing City Hall site. Ms. Brooks advised she did not take off from these potential costs, what the City Hall site would yield, as far as selling price. The number is unknown at this point. The cons to this option are that we would have to have a clear plan for the replacement of funding of the Civic and Art 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 Center before we went forward. In addition, the emergency operations would not be consolidated. The cost of this would be approximately $29.5 million. Option 4 is to move City Hall and the Police Department to private property within the downtown core area, which would be Seacrest to Intercoastal, and Ocean to Boynton Beach Boulevard. The size is unknown because it would go out to the private sector. There would be a possibility to create a signature project with City Hall as a centerpiece. The opportunity to develop a high profile vacant parcel in the downtown core, would show the City’s commitment to the revitalization of the downtown. The existing City Hall could be renovated for the Police Department, hopefully creating stability in the area. The Patrinely Group was interested which offered the City a no to low cost option to get a new City Hall and Police Department and offering to buy the current City Hall site. They would buy the City Hall site, build the Police Department and lease it back to the City and then they would build a new City Hall at the Bank of America site and lease that to the City, so there would not be upfront money or bond issuances. There would be some upfront leasing fees as there always is, but the upfront expenditure would not be in the millions of dollars. The cons to this option are an RFP would have to be issued and go through that process. The opportunity for redevelopment of the City Hall site would be lost. It is a corner and people on Seacrest are not all going to City Hall. They are going to Federal Highway, they are going to I-95, and going by the site all day long. With the Promenade filling up, it is going to be more, so it may have some value in the future. The economic spinoff of having a City Hall on a high profile site is an unknown. It has not proven to be so in other cities and Ms. Brooks did not know if we can say it would be here. Tthe developer has to pay tax on his land and he is going to pass that on to the CRA. Option 5 is to move City Hall and/or the Police Department to private property within the City limits. Part of the former Expo site is going to be a grocery store, so that is a possibility. The pros would be filling up some empty space, and it creates opportunity for the redevelopment of the existing City Hall site. The cons would be that by leasing the property, the CRA would be foregoing ad valorem revenue or paying taxes to ourselves. It would move the traditional things out of our downtown, which many would perceive as abandonment and emergency operations would not be consolidated. There is no way to know what the cost would be because it is an existing building in many cases or it is vacant land and you don’t know what the sale of the land will be. Mr. Holzman stated one of the options he does not see on the list, which needs to be explored, is renovating this existing structure. The City owns the building and the land. With a decreasing City staff, we have more space because we are downsizing. Would that not be an economic driver to simply renovate the building? Chair Rodriguez stated it is an option that could be added. Mr. Orlove wanted to add that it would be renovating for possible future growth. Just because we are in an economic slump now, does not mean that five or ten years from now, the City staff or the community will not grow. The Police Department, when it was built, felt they had enough room, but that certainly is not 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 the case. Ms. Brooks indicated she thought the parking garage was built to be able to add floors. Option 6 was a cultural campus. That is part of the Downtown Master Plan along Ocean Avenue. This builds upon existing cultural uses such as the Arts Center, Library, Children’s Schoolhouse Museum. It creates that artsy community which we have been supporting with public art by creating a unique niche in the County, different from Boca and Delray. It would be a destination and an attractor to help drive people to our businesses and create jobs. The cons would be that it would require relocation of City Hall and the Police Department. Depending on where the Police Department is relocated, some residents may perceive the area as not safe. Mr. Hay wanted to digest all of the options and has often been a proponent of the option on High Ridge where the City owns the property, to move the Police Department to 4.5 acres, and the infrastructure is there. Looking at the number of approximately $14 million, he added he liked that option. Mr. Hay added he also likes the option of moving City Hall and the Police Department to the Civic Center and feels that should be explored. We do not need to take property we already have ad valorem tax income coming into the City and make it where we gain no additional tax income. He does not like the idea of the City paying ad valorem taxes to itself and would need more information on that concept. Mr. Hay commented these are very good options and would certainly like to see the option explored about renovating our existing complex and what would be the pros and cons on that, possibly going up another story. There is a good working base and he would have more questions at a later time. Mr. Buchanan stated he is looking at it in a broader scope. He stated these things do not stand alone and feels a plan that has specificity and philosophy velocity will things get done. He would like to see some recommendations, if not tonight at least offer some philosophy. The three things he considers key are City Hall, Police Department, and drivers. By drivers, he explained he means activities, structures, things that will drive people downtown to make successful redevelopment. The Police Department should go out on High Ridge Road. There is a public safety complex out there and it makes total sense. City Hall must stay downtown. It makes sense to have discussions with various developers, maybe not RFP’s at this time, but at least preliminary discussions to get developers interested in pursuing a commercial City Hall combination. It also makes sense to have staff look into other drivers, possibly “dusting off” the old Aquatic Paleontology Museum concept. A study on that which was going to net $3 million a year and that was on a very difficult site that was going to cost a lot of money, but there was still a ten-year payback on that site. Mr. Buchannan recommended looking at other drivers and if not, the downtown will not be successful. He further stated that he would like staff to look into the concept that was presented about three laning Boynton Beach Boulevard. Those are long range projects and maybe it is time to begin to looking at them and determine what the feasibility is. He believed the City, does not have the money to do these things, but if looking at commercial entities coming in, like funding 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 projects that include City Hall, these are long term things that need to be decided to attract developers. Mr. Holzman opined he did not think this was the correct forum to be discussing moving the Police Department and the City Hall. The correct form may be the City Commission discussing this, given the fact that this Board cannot in any way provide substantial assistance to any sort of development of those two buildings. He added it is confusing that discussing all the positives of moving to one site or another site, yet every one of them has a very large negative, whether it be costs or other things. If you take all the positives together and you look at it and say why not just renovate the existing building. Drivers would exist that show people that the City is committed to a downtown, the cost of taking property off the tax rolls would not exist, the cost of purchasing property would not exist, the complication between renting and owning would not exist. It is a nice site where the City Hall and Police Department already exist. By simply renovating this building at a fraction of the cost of any of the other alternatives and still draw people downtown, still create buzz, still create a situation of expanding and providing the space needed for our Police and our City staff. He added we should get rid of some of the properties we already own because they are not needed. This creates, hopefully, a driver and everything needed to get done simply by renovating the space we currently have. Mr. Orlove commented that he is waiting to see the study on the Old High School because that will determine where some things should move and how it can be done. He added he agrees with Board Members Hay and Buchannan and thinks the Police Department is in need of an expanded space. According to what was laid out in the matrix, the High Ridge Road land is owned by the City, it is not properly suited for commercial development, and it would create a Public Safety campus that he believes prior Commissions had the foresight to envision. If the range that is on Miner Road is sold and the property which has a storage facility for some vehicles and tactical equipment, that may generate some funds into the City. Some type of police presence here could be maintained with perhaps the volunteers that work for COP. The substation at Renaissance Commons could be moved a police presence is needed here even though the police are on the streets and doing what they need to do throughout the City. Perception wise there needs to be an idea that there is a place for citizens to go, whether they need to register a complaint, or get more information. He added he wished to direct City staff and maybe put this on a City agenda in the near future, the possibilities of developing the High Ridge site for a new and improved Police headquarters. In terms of being on the CRA board, he would like to see what the study shows for the Old High School because that will determine what will happen to other buildings here. Vice Chair Ross also agreed the Old High School study will be playing a role in some of the decisions made. Based on experience, when discussions on the Police Department moving took place, Staff kept saying the renovation at that point would have been cost 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 exorbitant. For that reason, it was suggested renovation should not be considered. Vice Chair Ross also would like to hear what the feedback is on that and working with what we have here, but then the issue of the Police Department outgrowing the facility still exists. Also, there were issues in the City of West Palm Beach where they moved their City Hall from near the waterfront area to their downtown core, away from the water. She inquired what the compelling reason was for considering moving City Hall to Federal Highway. It would still be near the downtown core, but do we want to move it to that waterfront. She understands the Public Safety complex and feels it is good, but definitely not moving City Hall from downtown. Vice Chair Ross also stated she feels the Police Department should have some input on where they should go based on a couple of years ago when the Renaissance property was considered. Mr. Karageorge reiterated that there is no denying that our Police Department needs more space. Additionally, the Downtown Master Plan dictates that City Hall or the Police Department should be moved to City owned land. Therefore, you would be reducing the cost. Mr. Karageorge added he was against moving it to private land. There should not be a situation where we are beholding to a landlord. The High Ridge idea for Police is an option and needs to be explored. He also thought that if the Civic site is a possibility, it is a good idea. He also liked renovating the old space. We need to get the most for our dollar and inquired where the dollars were coming from for this. It is a City and a Commission issue. Purchasing property from the CRA is not an option. He added he had gotten feedback from people in the community that do not want it going to the Ocean Breeze East site. What comes back from Mr. Gonzalez and IBI is pivotal. He is very interested in what comes back on the Old High School because it is a major driver. There needs to be a presence of City Hall in the downtown area and on City owned land. Ultimately it is a Commission decision but it does impact the CRA tremendously. Mr. Hay inquired of Ms. Brooks if this was done by her and her staff or was input received from the City. Ms. Brooks advised they worked together. She put it in a matrix form so the pros and cons could be easily recognized. Chair Rodriguez reminded the Board that the directive given was to work together and thanked the City and the CRA for putting it together. The goal is to redevelop and eliminate blight and slum. That means revitalization of the CRA district. If that is the case, Chair Rodriguez advised he would do everything is his power to do that. He would not move the police station out of the CRA district because would be missing an opportunity within his district which is to redevelop the CRA district. It is important to stay focused on what the goals are. It is also important to recognize the trends that are happening in the community. Historically, the Northeast part of town has had the highest crime rate and the CRA has spent a lot of knowledge trying to help that area. He thought the Police Chief would say that element is shifting to the southern part of this town, the Southeast. He gets complaints from citizens who, in several cases, are afraid to go outside their houses on the Southeast part of this town due to drug activity, threats and violence. He says if we move the Police Department to High Ridge, he thinks that activity will be increased. The presence of the Police Department is a major factor in the CRA and removal of 21 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 blight and slum. Chair Rodriguez commented on a couple of particular options. The Civic Center would create some redevelopment within our cultural center which will be tied into the Old High School. There has been some discussion about cost and elimination of certain things. He stated nothing should be eliminated, like the private land, when there are no financials for any of it. In the end, the private land deal is the lowest barrier to entry, from a cost standpoint. Chair Rodriquez further stated on the question of how we finance these things, the City Commission has not allocated dollars from the red light cameras and he recommended it should be held for debt service for City Hall or the Police Department. It has not gone well, but he felt it was being kick started again and should have numbers soon. He added the City Commission and the CRA should immediately enact a plan to sell off land that is not needed. There is a list provided, put the finances first, put the budget in place and prioritize it. He stated he likes Option 3 and 4 and Option 7 should never be eliminated and Option 6, the cultural art campus, is viable too. All those things are redevelopment and revitalization of our downtown, the elimination of blight and slum and that is the goal. Next steps would be to have a discussion at the City level concerning some of these things. Chair Rodriguez opened the floor to public comment. Brian Fitzpatrick agreed that the latest results of the high school have to come back and hopefully that matter could be put to rest. He stated the City Hall should remain where it is and if the Police Department has to be moved, the CRA has a duty to eliminate blight and slum. The corner of Martin Luther King Blvd and Seacrest for years in the Heart of Boynton has been promised one improvement or another and that area is begging for some police presence. Building a police station right there would have a tremendous stabilizing effect on that neighborhood. There being no further public comment, Chair Rodriguez brought the discussion back to the Board. Mr. Karageorge commented in regard to Option 4, it may have a little cost. He maintained it makes your government beholding to a landlord and that is something the taxpayers would not want to see. Mr. Orlove inquired when the study was expected back on the high school and Chair Rodriguez confirmed May 3rd. Mr. Orlove asked that this discussion be forwarded to the Commission level and then maybe the second meeting in May, after we get the high school back so as not to lose the momentum. Mr. Buchanan inquired whether we could get direct staff involved on the narrowing of Boynton Beach Boulevard. Vice Chair Ross recommended that be discussed at the budget meeting. To get permission takes a minimum of three to five years. 22 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 XIII. New Business: A. Consideration of Purchasing Delray-Boynton Academy from Mortgagor in the Amount of $375,000 Ms. Brooks indicated she is bringing this to the Board’s attention because the attorney for the mortgage company contacted her. They did an appraisal. It appraised at $700,000 and they said they will sell it for $375,000. She advised that she does not recommend buying it because it is not really adjacent to any other properties owned. Ms. Brooks is contacting people who have expressed an interest in the building to look at it; the grocery store, and the Toussiant L’Overture School expressed interest. Motion Mr. Karageorge moved to approve the Executive Director’s recommendation to not purchase Delray-Boynton Academy. Mr. Orlove seconded the motion and it was passed unanimously. B. Consideration of Pride in Property Program for Heart of Boynton Neighborhood Ms. Brooks advised this item was brought forward by Mr. Karageorge. Basically, it is to help property owners increase pride in the neighborhood, sense of community, and help them be motivated to clean and fix their properties. This would be for single family homes and vacant lots only, not multi-family or commercial. They would take a picture of the property before, perform the cosmetic repairs and then send in the pictures along with a written summary of what they have done. Quarterly, the CRA staff would pick the top three and award prizes. Mr. Holzman expressed concern that this would only be limited to the Heart of Boynton. This is the CRA and there are blighted properties everywhere, it should be opened to the entire CRA district and the best one wins. Chair Rodriguez was concerned it may become an administrative overload for the staff the focus should be on what is done in redevelopment. Chair Rodriquez further advised he would like to focus on the downtown redevelopment, the Marina, the three projects on Ocean Ave and everything previously discussed. Mr. Karageorge advised this is only a trial run. The suggestion is to do it for two quarters in this fiscal year. The funds are there to do this and the cost would be $2,500. One thousand of that is to produce a flyer and mail it to all the property owners in the Heart of Boynton. Mr. Karageorge wanted to limit this to the Heart of Boynton because this is where the most trash and need for improvement is. The funds are in the Heart of Boynton account and after this fiscal year, it would be up for discussion for it to continue. 23 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 Mr. Orlove agreed that it is a commendable idea, but felt it should be expanded also. He also stated it should be looked at during the budget and not at this time. Mr. Hay added the overall benefit warrants a trial basis, especially since the funds are already there. There is an incentive here that encourages clean up. Chair Rodriguez was concerned about the legality of giving prizes with taxpayer dollars and Attorney Cherof stated the program would have to be structured as an incentive and not use the terminology of prize. Vice Chair Ross and Mr. Buchanan agrees with a trial basis. Motion Mr. Orlove moved to hold off on this project until further discussion during the budget hearings. Mr. Holzman seconded. Chair Rodriquez opened the floor for public comment. nd Brian Miller , 2515 NE 2 Court #111, former Chairperson of the Community Relations Board, stated one of the largest projects of that Board was the Heart of Boynton and how it looks. He stated most of the City was involved in helping them, volunteers in churches and schools and what the project was entitled was “Heart of Boynton, How to Keep our Neighborhoods Clean”. Three times a week, he personally would drive through every street in the Heart of Boynton and set up massive beautification programs. The largest one was based at St. John Baptist Church with over 200 volunteers and it was done on a regular basis. CRA purchased trash cans that were distributed and are being used. Volunteer programs hadn’t been done in the last couple of years, because it needed some type of incentive by the people that live there. He feels something like this is needed to get the people to take that next step to having more pride in their own home. The same properties littered now are the same ones that were cleaned up four or five years ago. As far as staff time, he would personally volunteer to be a part of this program. th Allen Hendricks , 122 SE 4 Avenue, commended the idea. He thought it needed a little tweaking and was similar to something he had been working on. He commented that the job of CRA or City Commission should be to multiply the efforts if citizens are given the tools to go out and do their own thing. The job of Commissioners or the CRA Board is not to get out there and do it all. Any time tools can be given to the citizens to take care of their own neighborhoods, he feels there is more bang for our buck when that is done. He agrees it should be started in the Northeast and eventually move it to the entire CRA District. Citizens are ready and willing to get out there and the more tools they are given and incentives, it will multiply the results. Vote The motion failed 2-4. (Messrs. Buchannan, Hay, Karageorge and Vice Chair Ross dissenting. Mr. Holzman was not present for the vote) 24 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 Motion Mr. Karageorge moved that the incentive program be approved for the Pride in Property program for the Heart of Boynton for two fiscal quarters as well as the support materials to do this in the amount of $2,500 and this be implemented this fiscal quarter. Mr. Hay seconded the motion. Mr. Orlove commented that he is not in favor of using $1,000 for direct mail. We live in st the 21 century and he is not in favor of using CRA funds for direct mail of flyers. He feels there are other ways this can be distributed. Mr. Karageorge advised many in this neighborhood do not have use of computer technologies. The flyer would be designed by staff so there would not be a graphic artist and should be sent to all property homeowners. If the flyer is put in water bills, a separate mailing would need to be done for owners of the vacant lots. Mr. Orlove further suggested other ways of getting the word out either through churches or businesses and feels to spend CRA dollars to mail this directly to all the property owners in HOB is a waste of taxpayer money. Vice Chair Ross agreed that there are other ways for getting the word out. Vote Motion passes 5-1 (Chair Rodriquez dissenting). C. Consideration of Purchasing Tickets to Schoolhouse Children’s Museum’s 10th Anniversary Dinner Dance This item was pulled. D. Consideration of Funding a Portion of Costs for Downtown Open Market Events Ms. Brooks indicated the CRA staff was asked to find ways to bring some markets to downtown Boynton. Peter Robinson who started the downtown West Palm Green Market and runs the Lake Worth Green Market was brought in. He came and looked and thought the green market idea was saturated, so other ideas were brought forth. Ms. Brooks advised she saw a banner of a Retro Indi Market show and attended to see what it was about. She indicated the show was very crowded and she talked to the vendors. She began researching who put this show together and found that one of the women was a Boynton native. Ms. Brooks asked her to speak to the Board about her partnership. They do this with their own money, talent, and their vendors. The CRA would simply pay for the Civic Center rental and some custodial fees to clean up afterwards. This will be using part of the Civic Center. This is a trial we would do with them to see if it would work. The response from the Woman’s Club event was very positive. There is some money in the Executive Director’s Travel, which is not going to be used this year. Basically, it would help them to get it started, and then it could be 25 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 revisited what the benefit of this event was. Public/Private partnerships are something to look at more and more moving forward. Chair Rodriguez added that he lives near the Woman’s Club and agreed there was a very large crowd at the event. He was in total support of recreating the event. Motion Mr. Orlove moved to approve with discussion and was seconded by Mr. Buchanan. Mr. Orlove would like to hear the organizers of the Retro Indi Market explain the program and asked them to approach the microphone. Chair Rodriguez opened this item up to public comment. Amanda Watkins-Skimper , 907 North A Street, Lake Worth, FL but spent 17 years on rdnd Michelle Preparian SW 3 Avenue and , 2825 SW 2 Street, Delray Beach, FL were present. Mr. Orlove requested explanation of a Retro Indi Market. Ms. Watkins-Skimper advised Retro Indi Market was a combination of two other shows. She does a large Indi craft show. Indi means independent and independent designers. It is just a coin phrase that has been used. The retro part was for the vintage clothing, accessories, home goods and the market. It is borderline antiques but not quite at that level of high dollar items. There are nostalgic items, fiesta ware, comic books, among other things. Mr. Orlove advised he was very impressed when he and Ms. Brooks discussed this and was happy Boynton Beach was chosen to be a place for this special event to be held. Possibly there is an opportunity to partner with Park and Recreation to infuse other things, like the pie contest. Ms. Watkins-Skimper advised usually their events bring in 1,000-2,000 people. The one at Old School Square in Delray has been in existence for five years and has its own following and its own crowd. She also formulated the South Florida Indi Craft scene. The point is to get people excited and involved by having an event like this in their City. Chair Rodriquez inquired as to the frequency of the events like Delray. Ms. Watkins-Skimper advised Delray is once a year. The first one is usually big. There is a fee for a table vendor and the dollars are used to pay salaries for time, effort, experience, and expenses. Ms. Brooks anticipated a trial run to see how it works in the city for approximately three months. After that time, it can be reevaluated. There was discussion about cost and flyers and the flyers, as well as other advertising vehicles, would indicate they are partnering with the CRA. Vote The motion passed unanimously. E. Consideration of Dates for First Budget Workshop in June 2011 26 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 Ms. Brooks advised she planned to start an overview budget with the Board as to what redevelopment activities are to be accomplished. She does not want to focus on all the details of the budget in June. That would be brought back at a later date. She desires policy direction from the Board at this point in order to go forward and develop a budget. She wants direction on what kind of work the Board would like to see done in 2011/12. Chair Rodriquez stated that as the new Executive Director, she should make recommendations to the Board and the Board would then identify which to focus on as done in the past. Mr. Orlove added possibly the Board and the Executive Director could meet and have a discussion on giving recommendations for the best way to formulate a budget. Some of Ms. Brooks’s changes involve changes in policy and direction. It was suggested to start this at the regular May meeting. Motion Mr. Orlove moved to direct the Executive Director and staff to put on the agenda for the th May 10 meeting, discussion of a preliminary budget and direction discussion for the fiscal year of 2011/2012. Mr. Buchanan seconded the motion and it was passed unanimously. F. Consideration of Removal of Planters on East MLK Blvd. Ms. Brooks advised there are only two remaining planters. There is one on the east between Seacrest and Federal Highway and one at the west end. They are solid concrete and they are a magnet for gang and drug activity. Ms. Brooks advised a parking lot concrete pad is going to be removed across from the west end property, and if the planter is removed at the same time, it would not be an issue. She advised the City Manager was in concurrence. Mr. Hay added the planter on the West Side is removed, there should be assurances that, if a business goes in there, it could be built back in because then you have people that will monitor it for control. Motion Mr. Karageorge moved to remove the planter the planter on East MLK and to approve the recommendation. The motion was seconded by Mr. Hay and motion passed unanimously. G. Consideration of Full Disclosure Policy by Board Members Items G-H were requested by Mr. Holzman to be tabled. Chair Rodriguez asked for input from the Board on how to proceed. All were in agreement to proceed. Attorney Cherof was asked about the policies that they are already under for Ethic and Full Disclosure. Attorney Cherof advised that prior to a vote on an item a board member discloses whether or not they have had contact with the applicant that is 27 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 pursuing approval by the Board. Mr. Buchanan advised he put this on the agenda because in light of everything that has happened, the public needs to have complete transparency by full disclosure. He would like issues like RFP's, RFQ's, any bids, development approvals and variance approvals, that each board member clearly state that he or she has no personal, financial or business involvement with any of the principals of this company or representative of the company. Chair Rodriguez commented that he understands and advised that earlier the item on the VIP tent was tabled because the County ordinance still has to be finalized. He thought maybe this should be discussed after the outcome of that ordinance. Attorney Cherof advised that this is more of a local rule, a Board rule, which requires disclosure on each item. It could be handled during agenda approval, there is a request for disclosure from members, or it could be done on an issue to issue basis. Mr. Karageorge discussed the issue of the “friendship” clause. He feels you should disclose whether there is a friendship present, but it is not for personal gain. He knows when a certain RFP is returned, there are parties involved that he is friends with. Mr. Buchanan reiterated there could be personal gain from helping friends and would just like it clear on the votes that there is no stake in the matter. Attorney Cherof reminded everyone that if there is a conflict, there is a legal duty to disclose it. There was further discussion on the matter and the consensus was to add it to the agenda approval and to ask for disclosure once. Mayor Rodriquez asked Attorney Cherof for a clearer definition of what is supposed to be disclosed so that it is clear among everyone. Mr. Karageorge advised that when he was on Code, he recused himself from a case because of friendship and the only reason he recused himself was he did not want the friend to be upset because of the decision he knew he had to make by law. After recusing himself, the Attorney advised him he did not have to do that. Attorney Cherof added that a person cannot recuse himself based upon that situation. A person has a duty to vote on every item that comes before him as a matter of State law. He further advised a person can only be excused from voting if there is a true conflict of interest as described by State law which is financial or personal gain. Motion Mr. Buchanan moved to support this item and put it at the beginning of the agenda and was seconded by Vice Chair Ross. The motion was passed unanimously. H. Consideration of Cone of Silence Policy for RFP’s and RFQ’s Mr. Buchanan stated he had added this to the agenda to look at it as a broader scope and include RFPs, RFQs, projects, and variances that come before the Board. It just means no speaking individually to those people who are coming before the Board. Mr. Hay questioned whether this was already an existing policy of this Board. Attorney Cherof indicated the Cone of Silence and the Anti-lobbying provision of the City Code does not apply to this Board. It applies to all the Advisory boards of the City, but not to the CRA. Mr. Buchannan added it was his understanding that when it was an 28 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 independent board, there was a Cone of Silence and once the independent board went away, the Cone of Silence went away. There was disagreement among the members that this was true. Mr. Karageorge indicated an RFP was issued and there are gaits dates in there that fell spelled out where that Cone of Silence is. Chair Rodriguez indicated he does not support the Cone of Silence. He feels people should have access to communicate, as they do regularly, about what it is they want. People should have the right to communicate about an aspect of a project or to give ideas; everyone should have that privilege. He further stated he does not know why it would be limited to an RFP when it is the most critical time to get information. Mr. Orlove felt if a person wants information, they can ask staff and agreed with what Mr. Buchanan stated earlier; we have to show we are above a certain standard and if there are questions, there are opportunities to go to a pre-bid meeting or other opportunities for people to ask questions. He did not think the Board should be the ones to answer questions about these issues and that goes back to Mr. Buchanan’s statement about holding ourselves to a certain standard. There was further discussion on whether this idea was feasible and if so, putting more detail in the wording. Mr. Hay inquired of Attorney Cherof why the other Boards have a Cone of Silence and the CRA does not. Attorney Cherof advised that at the time that ordinance was drafted, there was discussion about what it should cover and the discussion was that it should cover Advisory Boards. Because the CRA was a special district, a separate entity, it allowed the CRA to adopt its own rule and it never did. Motion Mr. Buchanan moved to establish a Cone of Silence for RFP’s and RFQs. Mr. Orlove seconded the motion and it was passed unanimously. After motion passed, there was one public comment. Tara Joseph agrees with Mr. Buchanan in the direction he is going. She agreed you can have a conversation up until the time the RFP is issued. I. Consideration of Replacement of CRA Attorney Mr. Buchanan advised this and the next three items are requesting recommendations to the City Commission. The thrust of all four is the same. When the Board was committed in this form, it was originally going to be an independent Board and at the last minute was switched to a hybrid Board and actually there was a comment of keeping it for six months. This would bring us to the September meeting. The process needs to be started again for the new Board attorney. There is conflict of interest allowed by State law in that you have this Board and the City Commission, both have fiduciary responsibilities which are not always necessarily congruent, but allowed. Even now with this hybrid board it is probably iffy on whether there is conflict of interest because there are seven on the Board. Chair Rodriguez stated the statute is clearly defined whether it is or is not and according to the statute, it supports what is being 29 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 done. The recommendation was being made now because of the lengthy process involved and Mr. Buchanan felt the process should be started. Mr. Orlove confirmed that discussion was made for a new attorney previously, if this was a totally independent or appointed board and seeing that is not the case, the attorney is still able to sit as the CRA attorney. Attorney Cherof agreed. Mr. Orlove further stated that on the other items to be discussed he is not in a position to consider a timetable. Currently we are on item I. Looking at item K and L, he was not certain that it is a point to be brought up at this time. In consideration of what Mr. Buchanan brought up about the CRA attorney, Mr. Orlove’s feeling was if we are not looking at the horizon of a September date, that we would consider an appointed board. He tought the Board needed to have stability as two new members were just added two months ago. This is only the second meeting and it needs to be played out a little and have some group dynamics which right now seems to be working. He was not sure that by September it should be taken apart and put on five new members or however the City Commissions sets it up. Motion Mr. Orlove moved to retain Attorney Cherof as CRA attorney. Mr. Karageorge seconded the motion with discussion. Mr. Karageorge agreed there needs to be a transitional time frame if there is an independent board. He inquired of Attorney Cherof if he was going to be the City’s Attorney, could someone else from the firm be the CRA attorney. Attorney Cherof indicated no because they are a single entity as the law firm and cannot have an internal conflict, having one person represent one side of a transaction and another representing the other side. As a reminder, he advised the two new Board members were not privy to this communication, but as the Commission was moving forward to a Board comprised of all appointed individuals, he had actually provided the names of four CRA attorneys that are functioning as CRA attorneys in the area who he asked if they would be willing on an interim basis and allow the new Board to set its own procedure for finding somebody. The motion failed. There was discussion on what the subject matter was and if the motion was worded correctly. Motion Mr. Orlove amended his motion to deny consideration of replacement of the CRA attorney. Mr. Hay seconded the motion and it was passed unanimously. J. Consideration of Recommending to City Commission of Reinstating Project Approval of Development Projects within CRA from P & D to CRA Board 30 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 Mr. Buchanan stated he put this item on the agenda for consideration of recommending the Board become a totally independent Board. It is something this Board can do now and thinks it should. There should be that continuity of project approval which an independent Board gives. Vice Chair Ross recommended tabling these items. Motion Mr. Orlove moved to recommended tabling Items J, K, and L pending the decision by the Commission to appoint a CRA Board. Vice Chair Ross seconded the motion. Motion failed 3-3. The Item went back to discussion. Chair Rodriguez contended this was a complex matter because it is redundant in some things we do and do not do. He would like more data on this process like how it worked before, before he makes a decision. He recommended at least tabling item J. Motion Mr. Hay made a motion to table only item J until the next meeting to get more details on the process. Mr. Orlove seconded the motion and it passed unanimously. K. Consideration of Recommending to City Commission the Time Certain Creation of an Independent CRA Board Mr. Buchanan commented you do not get anywhere without a plan and felt it is time to make that plan and set a date. He suggested setting the process up so when the time comes that an independent board is created, people are familiar with the process and are qualified to move onto it. Mr. Hay would support and commented the Board has been at this point before, but it fell apart because a time frame was not adhered to. He suggested setting a time frame. Chair Rodriguez commented this Board does not do that; it is the City Commission that does it, but the Board can make a recommendation. Mr. Orlove stated it was a long, exhaustive process to get to this point and feels they must allow this seven member Board to work together before a definite date is decided to put together an appointed Board. Motion Mr. Orlove moved to pass a recommendation on to the City Commission to consider this item at a future meeting. Mr. Karageorge asked for clarification on what Mr. Buchanan’s date is and he stated six months, but concurred next fiscal year would be feasible. Vice Chair Ross added she is in her second term. She pushed for a new Board due to time constraints and conflicts and feels strongly for it to be in place next fiscal year. There was no second to the motion and there was no discussion. 31 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 Mr. Buchanan amended the motion to recommend to the Commission that a fully independent CRA Board be seated at the October meeting. Mr. Hay seconded it and the motion passed 4-2. Chair Rodriguez commented that this Board was put in place to eliminate blight and slum and redevelop and revitalize our City and not tell the City Commission who should be sitting next to them. It is the City Commission’s job. If the Board would focus on doing what it is supposed to be doing, eliminating blight and slum and redeveloping, the City, would be in good shape. L. Consideration of Recommending to City Commission the Naming of Independent CRA Board Members at the Time of Creation of Independent CRA Board Motion Vice Mayor Ross motioned to table this item. Motion was seconded by Mr. Orlove and it passed unanimously. XIV. Interim Executive Director’s Report A. Project Status Update There were no items to discuss. XV.Future Agenda Items: A. Discussion of Ideas for “G.A.L.A. type” Event Discussion B. Consideration of Community Neighborhood Signage Program (11/12 Budget Workshop) C. Renegotiate the Terms/Fees with the Palm Beach County Commission on Ethics D . Consideration of Relocation Program for New Businesses (11/12 Budget Workshop) E. Request from Palm Beach County for Repayment of Development Regions Grant Funds for Delray-Boynton Academy in the Amount of $50,000 (Tabled March 9, 2011) F. Request from Palm Beach County for Repayment of Development Regions Grant Funds for KU Holdings in the Amount of $50,000 (Tabled March 9, 2011) 32 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL April 12, 2011 XVI. Adjournment There being no further business to discuss, the meeting properly adjourned at 10:29 p.m. (' ,. '1 '-, Li(~ (.(~~ lti.,1-C Ellie Caruso Recording Secretary 33