Minutes 09-11-01MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR
MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON
BEACH, FLORIDA ON TUESDAY, SEPTEMBER 11, 2001 AT 6:30 P.M.
Present
Larry Finkelstein, Chairman
Jeanne Heavilin, Vice Chair
Don Fenton
Michelle Hoyland
Henderson Tillman
Quintus Greene, Director of
Development/CRA
Lindsey Payne, Assistant City
Attorney
Absent
Jos6 Aguila
Alexander DeMarco
I. Call to Order
Chairman Finkelstein called the meeting to order at 6:37 p.m.
II. Roll Call
The Recording Secretary called the roll and declared that a quorum was present.
III. Agenda Approval
A. Additions, Deletions, Corrections
Chairman Finkelstein announced the following changes to the Agenda:
Item VlI.A.--Variance for Cherry Hills, Lots 312 and 313, has been withdrawn.
Item IX.A.-ClP Fund Transfer Authorization, should be tabled due to the fact
that City Manager Bressner is unable to be present tonight
B. Adoption
Motion
Vice Chair Heavilin moved to approve. Motion seconded by Ms. Hoyland and
unanimously carried.
IV.
Approval of Minutes -
July 28, 2001 Workshop
August 14, 2001 Regular Meeting
August 22, 2001 Special Meeting
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
September 11, 2001
Motion
Ms. Hoyland moved to approve. Motion seconded by Vice Chair Heavilin and
unanimously carried.
IV. Director's Report:
A. Financial
1) July 2001 Financial Statement
The balance in the CRA account as of August 2001 totals $994,088 down from
$1,017,705 from the previous month. The line item for CRA Land Acquisition has
an expense of $18,215. This represents two checks: one in the amount of
$11,000 and the other for $1,000. These checks were needed to participate in
the foreclosure sale of the property located at 907 N. Federal Highway. Other
expenses included in this line item are $4,600 for Michele Mellgren (since there
was no line item for consultant services, which the Finance Department will
correct) and $1,590 for survey work for the promenade.
Mr. Tillman requested that Mr. Greene present a full report on the results of the
foreclosure sale for the next meeting, as well as an explanation why the sale did
not go through. Mr. Greene wil provide this.
Mr. Fenton inquired on the whereabouts of the two checks. Mr. Greene stated
that the checks were returned to the Finance Department for handling and this
will be reflected on next month's balance sheet.
Vice Chair Heavilin inquired why there were legal fees for certain months and
none for other months. Mr. Greene responded that as soon as the bills are
received and reviewed, they are forwarded to Finance for further handling. He
was not certain about the timing of the bills.
Staff services totaled 113 billed hours for $3,235.45. There was an additional
staff expense of $326.62 for materials.
Mr. Tillman noted that he receives minutes from the CRA staff, as welJ as from
the City Clerk's Office and questioned if both departments were billing the CRA
for these copies. Mr. Greene replied that the CRA is only being charged once.
The only expense the CRA pays towards the City Clerk's Office is overtime
charges for a recording secretary. (Please note that the City Clerk's Office does
not charge the CRA or any City Board for copies of Board minutes.)
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
September 11, 2001
2. Loan Status (to be addressed under New Business)
B. Project Updates
1) Federal Highway
The consultant has provided staff with a draft of recommended land use
regulations for the proposed mixed-use zoning districts for the Federal Highway
Corridor. Staff has been fine-tuning the recommendations and the final
recommendations will be presented to the Board at its October regular meeting.
Staff is recommending that the CRA hold a workshop on October 6t~ to give the
Board, as well as the public, an opportunity to review and comment on the
proposed changes prior to the October 9th meeting.
2) MLK (Heart of Boynton)
A community workshop took place on Saturday, August 25th at Poinciana
Elementary School. The consultants made a presentation and there was a great
deal of discussion. The following are some of the recommendations that were
made:
· Take over and demolish the Cherry Hills Housing Project.
· Land assembly in the neighborhood around MLK Boulevard.
· Future study of the Shepard Addition as a m~xed use area.
3) Marina
Work on Casa Loma drainage is currently ~n permit review and fill is being
brought in. A Marina Project update wil be presented to the City Commission on
October 2nd.
C. Commission Actions
On August 21st the City Commission approved two items on the Consent
Agenda, which were variances for Lots 62 and 63 in the Cherry Hills section.
D. Future Agenda Items
A land use amendment for Dakota Lofts on South Federal Highway will be heard
by the Board on October 9~.
Vice Chair Heavilin inq uired if action by the Board was necessary to approve the
October 6th workshop. Mr. Tillman asked what the purpose of the workshop was.
Mr. Greene said that staff would be providing the Board and the public with an
opportunity to have some perception and input on staff's approach towards
zomng along the Federal Highway Corridor. Currently there are many uses.
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Meeting Minutes ~'~
Community Redevelopment Agency
Boynton Beach, Florida
September 11, 2001
Staff is coming up with two basic categories; mixed use and mixed-use light.
Within those two categories certain uses would ~)e allowed as a matter of dght,
certain uses will not be allowed and certain uses will be allowed with restrictions.
The restrictions will be identified.
Mr. Fenton inquired if the public would be notified and Mr. Greene said that the
usual public notice would be posted. When the formal public hearing takes
place, everyone would be notified.
There was a consensus to hold a workshop on Saturday, October 6th at 9:00
a.m. in Conference Room C'to be publicly noticed.
*(Location later changed to Commission Chambers)
VI. Announcements and Presentations
None
VII. Unfinished Business
A. 2001-2001 Budget
At the Board's request, two budgets were prepared for 2001-2002. One budget
is based on City staff continuing to serve as the primary staff to the CRA Board
(Alternative A). The second budget was prepared with the CRA having its own
independent staff (Alternative B).
Total resoumes available to the CRA for the new budget year are projected at
$4,943,240. This includes the $3 million loan, approximately a $1 million
carryover from the current year, and $943,240 in TIF revenues.
Alternative A: This budget includes funds of $3.87 million for land acquisition
and $250,000 for improvements; It is estimated that $4.1 million will be available
for capital expenditures and allows for approximately $300,000 in reserve for
future appropriation.
Alternative B: This bUdget includes salaries for a Director, Administrative
Secretary and Accountant totaling $136,532 plus FICA and benefits of
approximately $22,000. The Director's salary would range between $75,000 to
$80,000; Personnel costs would be approximately $158,669. Other expenses in
this budget include the costs for mileage reimbursement, office space, office
equipment, computer maintenance and the cost of connecting to the City's
server, membership and other miscellaneous operating costs: City staff services
would then be cut back by two-thirds. Total operating costs would come to
$497,000. This would leave approximately $3.987 million for capital
expenditures.
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Meeting Minutes ~'
Community Redevelopment Agency '
Boynton Beach, Florida
September 11, 2001
Ms. Hoyland questioned why City staff charges the Board whenever a person
appears before the Board for some type of application. Chairman Finkelstein
noted that the City charges the applicant a fee, but the funds go into the City's
General Fund. He suggested that CRA Boards in other cities be contacted to
determine how they handle this.
Mr. Greene said that the Board needs to decide which budget it would like to
adopt and whether it wished to remain with City staff or retain an independent
staff. Mr. Tillman felt that the Board's first pdority should be to recruit and hire a
full-time Director. The Director would be the person who should choose his own
staff. Mr. Greene agreed that th Is would be the best way to go and suggested
that the Board should include under "Regular Salaries" a figure for a Director.
This would allow the Board time to advertise and recruit.
Attorney Payne pointed out that the Ordinance would also have to be changed
s~nce it currently states that City staff would be the staff of the CRA. City
Commission approval would also be required. Chairman Finkelstein would like to
see a line item added that would set aside some funds for future projects. Vice
Chair Heavilin suggested that funds could be added to line item 63-07 (CRA
Improvements).
Motion
Mr. Fenton moved to accept Alternative B as the budget. Motion seconded by Mr.
Tillman and unanimously carried.
Chairman Finkelstein requested that Mr. Greene follow through with arranging a
workshop with the City Commission. Mr. Greene said he has been working on
this, but was having a problem getting everyone together due to conflicting
schedules.
VII. Public Hearings:
Variances
Project Name:
Agent:
Owner:
Location:
Description:
Cherry Hills - Lot 312 and 313
Robert Dwelle
Boynton Beach Faith Based Community
Development Corp.
400 Block NW 11 Avenue, Lots 312 and 313
Request for relief from the City of Boynton
Beach Land Development Regulations,
Chapter 2, zoning, Section 5, F.2.a. to build a
single-family home on a non-conforming lot
zoned, F~-2, to include a 2-foot reduction from
the twenty-five (25) foot rear yard setback
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Meeting Minutes ~
Community Redevelopment Agency
Boynton Beach, Florida
September 11, 2001
required by code to allow
setback.
(Application withdrawn)
a 23-foot rear
VIII. New Business
A. CIP Fund transfer authorization
Postponed
B. CRA Loan Authorization Resolution
Mr. Greene referred members to the Resolution in their packet authorizing the
~ssuance of the note by the CRA in the principal amount of $3,000,000 to finance
the cost of various community improvement projects through a loan from the
Bank of America. The City's bond counsel, Mr. Mark Raymond, who was present,
prepared the documents. Also included in the packet were copies of the
promissory note, loan agreement, and transcript of proceedings. The City
Commission will also have to execute a ResoJ ution agreeing to the CRA entering
into the loan. The City would be the guarantor of the loan.
Mr. Mark Raymond, 625 N. Flager Drive, 9th floor, West Palm Beach, Florida
assumed the podium.
Mr. Tillman asked for clarification regarding the City acting as guarantor. Mr.
Raymond explained that if the CRA failed to pay any amount it owes to the Bank
for any reason, the Bank could require the City to make the payments.
Mr. Fenton questioned why the interest rate on the loan went up, since interest
rates have been going down. Also, he noted that the Board was being asked to
approve the loan without a cap on the loan rate. Mr. Raymond responded that
the Bank issued a commitment letter that contains an index, but due to the
occurrences in New York, he was unable to obtain the most current index.
Mr. Greene said that the Bank provided him with an amortization schedule in
June 2001 and at that time the effective annual rate was 7.278%. Mr. Raymond
stated that as of July 25t~, the rate was 6.92%. The index used was the 15-year
U.S. Swap Rate, plus 72 basis points.
~ice Chair Heavilin asked for clarification on the pre-payment fee. Mr. Raymond
~stated that the note contained a make-whole provision, ~vhich means if you make
i prepayment when interest rates go down, the borrower would have to pay the
3ank an amount sufficient to make it whole. However, if a prepayment were
"nade when interest rates have gone up, there would be no penalty.
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Meeting Minutes ~=' ~.
Community Redevelopment Agency
Boynton Beach, Florida September 11, 2001
Chairman Finkelstein inquired about the newly inserted paragraph (h) on Page 7.
Mr. Raymond stated that the purpose of this provis on was to allow the bank
officer to book the loan in compliance with a covenant in their loan documents
that Was not applicable to this borrowing. This new language simply states that
the CRA will pay the principal and interest as Jt becomes due.
Proposed CRA Resolution No. 01-01 Re: Authorizing the issuance of
a note of the Agency in the principal amount of $3,000,000 to finance the
cost of various community redevelopment projects
Attorney Payne read Proposed CRA Resolution No. 01-01 by title only.
Motion
Mr. Tillman moved to approve Proposed CRA Resolution 01-01. Motion was
seconded by Vice Chair Heavilin. The Recording Secretary polled the Board.
The vote was unammous.
IX. Public Audience
None
X. Other
None
Xl. Adjournment
There being no further business the meeting properly adjourned at 7:40 p.m.
Respectfully submitted,
Barbara M. Madden
ecording Secretary
one tape)
(September 12, 2001)
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