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Minutes 12-11-12 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING, HELD ON TUESDAY, DECEMBER 11, 2012, AT 6:30 PM IN COMMISSION CHAMBER 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FL PRESENT: Woodrow Hay, Chair Vivian Brooks, Executive Director Mack McCray, Vice Chair James Cherof, Board Counsel James "Buck" Buchanan Mark Karageorge ABSENT: Steven Holzman 1. CaII to Order Chair Hay called the meeting to order at approximately 6:40 p.m. II. Invocation and Pledge to the Flag Vice Chair McCray gave the invocation and led the Pledge of Allegiance to the Flag. III. Roll Call The Recording Secretary called the roll. A quorum was present. IV. Legal: None V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda There were no additions, deletions or corrections to the agenda. There were no pulled items from the Agenda. B. Adoption of Agenda Motion Vice Chair McCray moved to approve the agenda. Mr. Buchanan seconded the motion that unanimously passed. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 11, 2012 VI. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items Mr. Karageorge disclosed that he had email correspondence from Erica Poag. He also disclosed he knows the realtor involved in Item XIV. There were no conflicts or benefits. Mr. Karageorge announced that the Chamber of Commerce would have their luncheon on Wednesday, December 12 at Benvenuto's, beginning at 11:30 a.m. Dimensional Harmony Choir from Boynton Beach High School would provide entertainment. The public is invited. Vice Chair McCray and Mr. Buchanan had no disclosures, conflicts, or informational announcements. Chair Hay had no disclosures or conflicts. He commented that the Christmas parade was one of the better ones the City has had. He commended Kathy Biscuiti for the work she does for the CRA. B. Informational Announcements These items were addressed under Informational Items and Disclosures. VII. Announcements & Awards: A. Movies on the Ave. — January 4. 2013 Kathy Biscuiti, Special Events Director, announced the first movie of the season would be shown at the amphitheater and would be Trouble with the Curve. The movie would begin at 7:00 p.m. B. Sunday in the Park — January 6, 2013 Ms. Biscuiti advised the Sunday in the Park series would begin on January 6 at the corner of 4 and Ocean, between Hurricane Alley and The Little House. Music would be provided from 12:00 p.m. to 3:00 p.m. by Cannon and Cohen, an acoustical blues band. VIII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting, November 13, 2012 B. Approval of Period Ended November 30, 2012 Financial Report 2 • Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 11, 2012 C. Monthly Purchase Orders IX. Pulled Consent Agenda Items: There were no pulled items. X. Information Only: A. Public Comment Log There were no comments on this item. B. Media Outreach and Editorial Coverage Mr. Karageorge wanted to thank Ms. Buscuiti and Ms. Walsh for getting the positive message out to the community. C. CRA "FYI" Newsletter Vivian Brooks, Executive Director, advised the newsletter was being sent to every utility customer with the City. It explains the CRA activities and projects. It would be mailed in January. Extra copies would be available at the CRA office or can be viewed on the website. Vice Chair McCray commented that they should be available throughout City Hall and other key locations in the City. D. 2013 CRA Holidays Ms. Buscuiti mentioned that the CRA holidays would be the same as the City holidays. XI. Public Comments: (Note: comments are limited to 3 minutes in duration) Chair Hay opened Public Comments. There were no public comments. Chair Hay closed Public Comments. XII. Old Business: A. Holiday Extravaganza Recap Ms. Biscuiti showed the Board and members of the audience a presentation created during the Holiday Extravaganza. She commented the parade had many more entries than in previous years. The tree lighting occurred after the parade. She estimated the crowd to be approximately 3,000 people. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 11, 2012 B. Consideration of Request from HAP Grant Recipient, Erica Poag, to accept terms of short sale negotiation Mike Simon, Development Director, advised this appeared before the Board at the November 13 meeting. it was a request from Erica Poag, who received CRA funding under the Homebuyer Assistance Program (HAP) in 2007. She had approached the Board with a request for permission under the short sale terms and conditions that she presented at the November 13 meeting. At that meeting, the Board provided tentative approval, subject to further review from a list of documents that the CRA Board Attorney had put together with help from staff. The majority of the documents had been received. The request was asking the CRA to accept $6,000 as a return of the $50,000 given under the original Homebuyer's Terms and Conditions. Mr. Simon explained the Homebuyer Assistance Program for those who were unfamiliar with the program. Additionally, the grant included a clause that the payback would be less than the full amount if the home was sold earlier than 30 years. Had the program been successful, the CRA would have received no monies. Due to the short sale, they would be able to recover a small portion of the funds. Mr. Simon also noted that of all the program applicants, the foreclosures and distressed properties have all been located in this development and not spread out. It began as a high end rental community, but due to the economic factors, it turned out to be a low income rental community, which tremendously reduced property values. Erica Poag, advised she was present to answer any questions the Board may have. Mr. Buchanan commented that it was not only a fiduciary responsibility to recover any possible monies, but also a moral responsibility to assist the residents who were victims of the economic factors. Motion Mr. Buchanan moved to accept the proposal as far as possible and charge staff and the City Attorney to do whatever was necessary to bring the matter to fruition. The motion was seconded by Mr. Karageorge with discussion. Mr. Karageorge mentioned there were documents still needed to complete this process. He agreed with Mr. Buchannan that steps were needed to make sure everything was received and in order before final execution. Vice Chair McCray expressed concern over the personal information contained on the documents and suggested each member destroy their copy of the paperwork after the meeting. Attorney Cherof reminded the Board that all the documents were public record. Any information that should not be disclosed was redacted from the documents, such as Social Security number and bank account number. There would be no way to keep the documents 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 11, 2012 confidential but available in the event there was a public records request in the redacted format. Ms. Poag expressed concern that the motion made was contingent upon further information being provided. She indicated most of the information was in her possession except for some of the communication from the bank regarding the short sale. She was concerned that the closing would not take place by the end of the year. Mr. Buchannan reassured Ms. Poag the motion was more for staff to get the documentation in order. Vote The motion passed unanimously. C. Consideration of Request from HAP Grant Recipient, Lauren Godden, to accept terms of short sale negotiation Vice Chair McCray suggested, since the details were already reviewed on the previous item, to approve this item also if there were no changes to the terms. Mr. Simon indicated the conditions were approved at the November 13 meeting and all the conditions were resolved. Motion Mr. Buchannan moved to approve. Vice Chair McCray seconded the motion that unanimously passed. XIII. New Business: A. Consideration of Funding to Stage Left Theatre for Build -out of Madsen Center Ms. Brooks advised this was a new non - profit community theater. It was consistent with the downtown vision and master plan. They were requesting assistance with the build - out and indicated their whole build -out budget was $6,046. Since this was not like the typical grant situation because Stage Left was a non - profit entity, Ms. Brooks felt it was in line with what the downtown required. She recommended funds be disbursed on a reimbursement basis and that photos of the completed project be provided, along with the certificate of completion from the City. Ms. Brooks also recommended quarterly reports showing ticket sales and cost promotion efforts being done for area restaurants and businesses. Ms. Brooks would support a match of $3,023 to Stage Left with these four conditions. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 11, 2012 Motion Mr. Karageorge moved to approve. The motion was seconded by Vice Chair McCray and unanimously approved. B. Consideration of a Color Palette for Properties in the CRA District Ms. Brooks advised this item was requested by Mr. Holzman who suggested having a color palette for properties within the CRA. This was discussed at the City and CRA level in previous years and it did not pass. She advised the control for color for new development rests in the hands of City Planning staff, the Planning and Development Board and the City Commission. As the projects come through the process for approval, any of the groups could make a recommendation for a color change. Typically, the developer would accept the recommendation. There was an extensive urban design guideline for the CRA in 2006 and it did not have a recommendation for a color palette as there were numerous factors involved such as design of the building, the style of the building, the context, and location. Chair Hay indicated he was on the Board when this item was discussed previously. He did not support it then and he would not support it now. He agreed that the development process would take care of the issue. Mr. Buchannan commented that it was important that the CRA Board review projects. Without the review process, it would reduce the power the CRA staff would have in advance to get concessions out of developers, such as certain appearance items. Currently, it would only come before the Board after the project was complete and they request funds. If they were to come to the Board beforehand, it would give the Board the power to make restrictions on appearance or other possible issues. Motion Mr. Karageorge moved to deny the request for a color palette. The motion was seconded by Mr. Buchannan and failed unanimously. Mr. Buchannan suggested a second motion to recommend to the City Commission that the CRA have the power to review projects within the CRA as was the case in 2007. Mr. Karageorge seconded the motion that unanimously passed. C. Consideration of Request from HAP Grant Recipients, Teasha & Kelly Thomas to accept the terms of short sale negotiation (Tabled 11/13/12) Motion Vice Chair McCray moved to remove the item from the table. Mr. Buchannan seconded the motion that unanimously passed. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 11, 2012 Mr. Simon advised this item originally was presented at the October 9th meeting to request the acceptable short sale terms of the negotiations between the HAP recipient and potential buyer. It was tabled again at the November 13 meeting pending the acceptance of the documents in the list created by the Board attorney, as well as some additional documentation information that Ms. Thomas' attorney interjected at the last meeting. Unlike the other two items, there was not a tentative approval given to this item. Since the November 13 meeting, the amount that was acceptable to the Bank to pay the second lien position was reduced from $5,000 to $2,500. The outstanding documentation at this point was the HUD statement and some final bank documents for the closing. Angelina Namia, 210 Belmont Place, was the attorney representing the Thomases. She advised a tentative approval had been received and the reason it was lowered was due to the fact that the $5,000 was originally an anticipated amount based on past short sale experiences. Because this was an FHA loan, the Bank offered $2,500 and was not negotiable. Motion Mr. Buchanan moved to approve the terms. Vice Chair McCray seconded the motion that unanimously passed. D. 2013 CRA Board Meeting Dates Ms. Brooks advised the March 12 meeting date conflicted with Election Day and suggested moving the meeting to Wednesday. There was consensus among the board to move the meeting to March 13, 2013. E. Consideration of Approval of Restrictive Covenant Agreement between Gulfstream Gardens, LLC and CRA for Phase I of Seabourn Cove Ms. Brooks advised there was a Direct Incentive Funding Agreement on this project and was being marketed and sold to one of the largest pension funds. They would be closing soon and would need the Restrictive Covenant Agreement which was one of the requirements of the DIFA. Motion Vice Chair McCray moved to approve the agreement. Mr. Buchannan seconded the motion that unanimously passed. XIV. Executive Director's Report A. Project Status Update 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL December 11, 2012 Ms. Brooks commented that Seabourn Cove would be awarded the highest award for International Homebuilders. This would be the top award in the country to be awarded in Las Vegas in January 2013. XV. Future Agenda Items There were no comments on this item. XVI. Adjournment There being no further business to discuss, the meeting was properly adjourned at 7:44 p.m. Ellie Caruso Recording Secretary 8