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Minutes 04-27-95 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, APRIL 27, 1995 PRESENT Gerald "Jerry" Taylor, Mayor Matthew Bradley, Vice Mayor Lynne Matson, Mayor Pro Tern Shirley Jaskiewicz, Commissioner Sidney Rosen, Commissioner Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: Ao Call to Order. Invocation Pledge of Allegiance to the Flag Mayor Taylor called the meeting to order at 5:40 p.m. The Pledge of Allegiance to the Flag followed the invocation. II. SPECIAL EVENT REQUEST SUBMITTED BY TARGET STORES City Manager Parker introduced John Corrigan and advised that our Code requires each special event to come before the City Commission. The request from Target was just received and because the event is scheduled for Saturday, April 29, 1995, there is no time available to put this request on a regular meeting agenda. Target is planning a "Wheels Around the World" bike rodeo which is sponsored by the Optimist Club, Police Explorers and the Fire/Rescue departments. Motion Vice Mayor Bradley moved to approve the request to put a 20' x 20' tent, open-walled canopy on the Target store parking lot for four hours (10:00 a.m. to 2:00 p.m.) on Saturday, April 29, 1995. Commissioner Rosen seconded the motion which carried unanimously. III. ORAL PRESENTATIONS FROM NONPROFIT GROUPS FOR CLIPPER COVE City Manager Parker advised that each of four companies will be making 20-minute oral presentations. She requested that the companies not making the presentation wait outside the Chambers. Attorney Cherof reported that a recent Attorney General's report advised that because this .is a public meeting, that invitation is not binding on anyone who wishes to remain at the meeting. MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 lerry_Cutrer, consultant, reminded the Commissioners that they have all been briefed on this process in the past. Clipper Cove apartments is presently owned as real estate by the Resolution Trust Corporation (RTC). This is a savings & loan bailout organization which was created by Congress several years ago. Clipper Cove, and its current status with the RTC, meets certain requirements imposed by federal law requiring that it be disposed of under the Affordable Housing Disposition Program. The RTC has adopted a process known as the Public Agency Direct Sale Program. They will shortly initiate a marketing period for the property in which they will invite public agencies, as well as some nonprofits, to purchase the property at an affordable market value. This is the price determined by the RIC. It is anticipated that the purchase price will be approximately $8.5 million. This property was originally financed for approximately $13'million. The City has the opportunity, when invited, to submit a "Notice of Serious Intent". This is a proposal and offer to purchase the property. The City can acquire the property and hold it or reconvey it to some other body. The City decided to go through the process including a plan whereby the City would acquire the property and simultaneously reconvey it to a qualified nonprofit organization. When the City made the decision to go through the process, Mr. Cutmr and staff were directed to solicit a nonprofit to become the ultimate purchaser of the property. There was an assumption that the City would reconvey the property to that nonprofit at the same affordable market value as it was acquired from the RTC. Over a period of one year, the City received inquiries from nonprofits expressing an interest in Clipper Cove. CGMS also knew of a number of firms which had expressed interest in these types of projects, and requested that they be included in the search. In January, the City sent out a "Solicitation of Interest" to 25 nonprofit organizations. Eleven formal indications of interest were returned. A screening committee was established which consisted of staff and outside parties to review the indications of interest. The list was shortened to seven nonprofits. An in-depth "Request for Proposal" (RFP) was prepared and sent to those seven nonprofits. The four presenters this evening are the results of that process. They are: Cornerstone Housing Corporation/Housing Partnership, Inc.; The Delray Beach Center for Technology, Enterprise & Development/Florida Affordable Housing; Neighborhood Development Collaborative; and VMH, Inc./NOAH Development Corporation of Palm Beach County Nonprofit Mr. Cutrer pointed out that all four organizations are excellent and he believes any one of them will do an outstanding job. MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 He reminded the Commissioners that there is no guarantee the City will be chosen by the RTC to acquire this property; however, if the City is selected, this program can be carried through. In discussions with the RTC yesterday, Mr. Cutrer learned that they intend to initiate the marketing period in mid-May to run through June 30. The nonprofit should be selected by mid-July. Mr. Cutrer pointed out that the RTC may not keep to that schedule. However, if the City is selected in July, it will enter into a contract and will be in a position to conclude the acquisition and reconvey the property to the nonprofit during the period from the end of August through October. City Manager Parker advised that Mr. Cutrer and staff have provided a summary of the proposals based on seven items the RTC looks at when they review the projects. City Manager Parker requested that each of the companies presenting read the summaries to make certain nothing was left out or misrepresented. In addition, 13 suggested questions were prepared by the committee, and additional questions are permissible. City Manager Parker reported that it was staff's intent to review all information in an attempt to determine financial strength and stability of the companies, long-term maintenance situation and upkeep, marketing programs available and the strength of the marketing capacity of each of the firms. Staff wanted to be sure that the property will retain its present appearance and value. The staff committee was composed of City Manager Parker, Wilfred Hawkins, Diane Reese, and Jerry Cutrer. City Manager Parker explained that each of the committee members scored the companies and each member selected a different company as its first choice. Mr. Cutrer advised that the RFP was taking the RTC's process and including some City concerns on top of it. Once the nonprofit is selected, the main focus of the City's "Notice of Serious Intent" is completed. Mr. Cutrer also pointed out that he did not vote on the ranking of the nonprofits. As the consultant, he participated in the earlier screenings, but felt he should lead staff in the right direction, but not make a selection, Mr. Cutrer stated that the RTC will sell this property to someone subject to affordable housing restrictions. A minimum of 35 percent of the units will be reserved for Iow and moderate income families. -By going through this process, the City is letting its citizens know that it is better for local government to decide who will own this property for the next 40 years. Vice Mayor Bradley requested that Mr. Cutrer provide information on RTC's guidelines on percentages. Mr. Cutrer said the minimum set aside is 35 percent. The submitter of a "Notice of Serious Intent" can elect to set aside more units. Fifteen percent of the units must be reserved for lower-income families. Lower-income families are those whose income is 80 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 percent or less than area median income. Twenty percent of the units are reserved for very Iow-income families. Very-low income families are those whose income is 50 percent of area median income or less. 1. COR~ERSTON EH O U SI N G_CORP_ORAT~O N/H OUSIL~G PART~ERS H!P~! NC. John Corbe_tt, President of Housing Partnership, Inc., is a resident of Palm Beach County, and is proud to bring a partner to Palm Beach County for this venture. He introduced Jim Edmondson, President of Cornerstone Housing Corporation. Jim Edmondson thanked the Commission for the opportunity to work with the City on a project of this size. This project is a very significant asset for Cornerstone. Cornerstone Housing was created by the Enterprise Foundation of Columbia, Maryland. The purpose of Cornerstone is to expand the supply of affordable housing without relying heavily on reducing amounts of resources from the federal government. Consistent with that is the need for the company to work with mixed income properties because many times the financing of these properties can only be done well if there is a mix of lower-income occupants with people paying market rents for projects. This is the type of situation there will be at Clipper Cove. In addition, it is exactly consistent with the way in which the RTC wishes to dispose of multifamily assets. The strategy at Cornerstone is to become expert in dealing with the RTC and HUD. When the RTC wishes to dispose of a large asset, the assumption is that Cornerstone will be interested in its acquisition. Additionally, the Enterprise Foundation has a substantial amount of experience in Florida. The Housing Partnership, Inc. is based in Palm Beach. They have a special interest in serving lower-income households. The role of the developer is to bring together the unique interests of each of the other players in the process - the RTC, the City, the tenants, and the lenders. The team's objectives are: To participate on a winning team and acquire Clipper Cove with the City; and to own and operate Clipper Cove according to the RTC minimum requirements for Iow-income occupancy (65 percent market/35 percent set aside units); Both of the team members are nonprofits and it is up to them to fulfill their mission of providing affordable housing. MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 Cornerstone realizes that the City wants Clipper Cove to remain a showplace in Boynton Beach. They also understand that the City would like to derive some financial benefits from it. Those financial benefits can have direct and indirect forms such as providing services to targeted groups at no incremental cost to the City, funding a loan fund, and earning a fee from the RTC. No funding from the City will be required. Mr. Edmondson explained that the RTC is slow in its process; however, it is expected that this might change shortly since they will be going out of business soon. Hopefully, processing will move along more quickly now. The RTC has two missions with respect to multifamily property. The first mission is the provision of affordable housing, and the second is the need to secure a good purchase price. RTC wants high reliability in their buyers; therefore, financial credibility and processing credibility are of the utmost importance. With regard to the tenants, Cornerstone would like this process to move forward without anyone realizing that it is happening. Some of the existing tenants will benefit by the reduction of rents because they will meet the income criteria. Cornerstone believes there needs to be concern for incorporating the new lower-income residents into the community without any upset. All residents will be treated the same, and neighbors will not know the income level of their neighbors. In addition, they plan to incorporate the "Campus for Living" program. John Corbett explained that the "Campus for Living" program was conceived and designed by the Housing Partnership over the last two years, lhis year it has been implemented at a 384 unit complex in Palm Beach County. This program involves the on-site delivery of tenant services which are designed for the tenant population, lhe need for the services is identified through a tenants' association and a separate youth tenants' association made up of youth under age 18. Services include parenting courses, a formal structured youth development program dealing with out-of-school activities, counseling services including substance abuse counseling, health, human and social services, and a home buyers' club. Clipper Cove is particularly attractive with regard to the home buyers' club because of the fact that 65 percent of the tenants will be market-rate tenants who are ready for a home buyers' club. The "Campus for Living" program works well because it is holistic in its approach. The agencies involved are all existing public and private, nonprofit and for-profit organizations which are brought on-site through the "Campus for Living" coordinator. Each of the services becomes more effective because it is being delivered in concert with other service providers. The curriculum for the program is designed on a site to deal with the interest and benefit of all of the tenants regardless of income. The end result of this program is a sense of community MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 and harmony among the income groups. Mr. Corbett believes this is a critical component of their success with Cornerstone in owning and operating Clipper Cove. Regarding a revolving loan fund, Mr. Corbett explained that it would be capitalized with up to 20 percent of the free cash flow from the project. This fund would be targeted for residents of Boynton Beach in neighborhoods targeted by the City. The fund would finance subordinate, substandard mortgages for homeowners. These funds could be available to homeowners living in targeted areas who do not have access to conventional credit. Loans of up to $15,000 could be made available for improvements and rehabilitation. These funds can also be used for first-time home buyers in the same neighborhoods. The benefit of this proposal to the City in structuring this revolving fund is that 100 percent of those funds will go to people. There will be no charges for administration. The Housing Partnership will administer the program at no cost. The dollars will be leveraged. The mortgages will be sold to Neighbor & Housing Services of America so that every dollar which is contributed into the fund will be loaned three times. With regard to this issue, they are open to discussion with the City so that if the City would prefer to receive that money, they would be agreeable. Jim Edmondson advised that the lenders ultimately decide whether or not the deal will work and be financially viable, lhis is a very large transaction for any nonprofit. He believes this project will have financing of $9 million or more in place. The three financing options include RTC seller financing, maintaining the existing tax exempts, or putting nonprofit bonds in place. Cornerstone has specific experience in all three categories of financing; they prefer one of the last two options because the interest rate in tax- exempt bond financing will make the projects significantly better off in the long run. They would like to have the City involved in the refunding of the existing bonds, or the refinancing of this project with 501 (c)(3) bonds. A credible borrower will be a nonprofit corporation based in Florida. The Board of Directors will be appointed by Cornerstone and Housing Partnership, Inc. The City will have the option of appointing members to the Board of Directors. The corporation will be led by Cornerstone with the participation of Housing Partnership and representatives of the City if they choose to stay involved. A credible borrower must be believable to lenders. Cornerstone has demonstrated ability to work successfully in credit markets. Cornerstone and Housing Partnership together own over 2,000 rental units. Cornerstone has financial strength with assets worth more than $40 million. They have net worth in excess of $2 million and an additional credit line in excess of $600,000 which can be drawn on very quickly if necessary. For the quarter ending March 31, 1994, their properties produced over $300,000 in distributable cash. Cornerstone is a very financially healthy organization. 6 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 Cornerstone will hire a Florida-based management company to manage the property, and they will oversee that property manager. Housing Partnership will oversee the social services program. For the reasons stated above, Mr. Edmondson requested that the City Commission select the team of Cornerstone and Housing Partnership. He feels this team will benefit the community in many ways. There will be financial benefits to the City. The property will be kept on the tax rolls if possible. Commissioner Jaskiewicz inquired as to whether or not there will be an on-site management team consisting of resident managers. Mr. Edmondson responded that the team will select a Florida-based management team to oversee the property. The staff will include a resident manager, assistant manager, leasing agents and operating person nel i ncl uding grou ndskeepers, porters and engineers. This is a system which is most commonly used for managing projects of this size. Commissioner Rosen asked for an explanation of the relationship between Cornerstone and Housing Partnership, Inc. with regard to management, the type of Board of Directors and who will have the final say. Mr. Edmondson explained that Cornerstone has the controlling interest. The partnership is a 60/40 partnership and the Board of Directors' structure has not yet been determined; however, Cornerstone would be happy with a five-member board consisting of three appointed by Cornerstone, one appointed by Housing Partnership, and one appointed by the City. Cornerstone is open to suggestions. Housing Partnership will deliver the special services at the project. Both Cornerstone and Housing Partnership are structured to make sure that the special needs of very Iow and Iow-income needs can be met without reliance on the government for direct services. Vice Mayor Bradley questioned whether the make up of other properties acquired by Cornerstone from RTC are similar to Clipper Cove. Mr. Edmondson advised that two of their properties are Iow-income tax credit properties. The remainder of their properties are very similar to Clipper Cove. They are properties which were built from the late 1970s to the late 1980s, and are heavily occupied. Two of the properties are being moved from their status as 100 percent market rental properties to meeting the RTC's requirements at a pace which will avoid disruption to the current tenants. Vice Mayor Bradley inquired as to whether the "Campus for Living" program and the revolving trust funds will take away from the percentage of profit to the City. Mr. Edmondson explained that those programs will marginally reduce the percentage of profit to the City. The services which will be provided are above and beyond what a typical landlord would provide. They have learned to operate very efficiently, but the operating expenses will be hire than someone 7 *should read, "...will.be higher than..." MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 who is not providing the level of services proposed. Mr. Edmondson advised that at one of the properties they operate in Texas, they are considering assigning one of the staff people to spend a significant portion of his/her time to provide these services. At one project in Dallas, they were able to obtain VISTA volunteers at no cost to provide the services such as the after- school care, parenting classes, and budgeting classes. In this particular project, they spend approximately $20,000 on programs which have a value of $100,000. Although not all projects can be operated in this manner, they have the benefit of knowing how to get these types of services. Vice Mayor Bradley feels the home buyers club is a great idea, but thinks the operator is putting himself into a vacancy situation. Mr. Edmondson expects a turnover of at least 50 percent of tenants each year. If one-third of those tenants are buying a home, they will be happy to assist them in their purchase. Mayor Pro Tem Matson asked if there will be a manager in residence, and if not, she questioned whether someone will be on twenty-four hour call. Mr. Edmondson stated that more than one person will be living at the project. Those people are employed twenty-four hours a day, and are on call with beepers. An operational mechanism will be created so that one or two numbers will be supplied to the tenant when a problem arises. Mayor Pro Tem Matson requested information on plans for security. Mr. Edmondson stated that no specific plans have yet been made. He realizes that security is a major issue at every project. The due diligence information provided by RTC will provide a better clue about how much security is required. He explained, however, that security could include a neighborhood watch program, or a police officer living on the site at a reduced rent, or patrols by security forces. Mayor Pro Tem Matson advised that the pool and clubhouse at Clipper Cove are being used and trashed by people who do not live in the complex. Mr. Edmondson reported that State law in Texas with regard to fencing around swimming pools has changed since Cornerstone began operating there. They have had to comply with those laws. Mr. Corbett said he has already faced this problem at another project. Through the "Campus for Living" program and youth and adult tenants' associations they have been successful in keeping off-site people from coming onto the site. At Clipper Cove, the Campus Coordinator would be stationed at the clubhouse area. Mayor Pro Tem Matson questioned whether or not Cornerstone is planning a day care facility on the site. Mr. Corbett explained that the key to the "Campus for Living" program is the out- of-school youth development program which gives children something to do when they are not in school. It also provides counseling services, and educational opportunities as well as 8 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 babysitting services. No day care center is envisioned for Clipper Cove. Mr. Edmondson added that if there is a need for day care and the financial resources can be identified, that service will be provided. In response to Mayor Pro Tem Matson's inquiry, Mr. Edmondson does not envision any additional recreational amenities. Mayor Pro Tem Matson requested some information on Cornerstone's plans for maintaining the property. Mr. Edmondson said "curb appeal" is a vital element of the marketability of this type of project. It is essential that Clipper Cove remain an attractive complex. He stated that Cornerstone will not let this project deteriorate because their long-term financial health depends on this project. Mayor Taylor asked Mr. Edmondson to comment on his earlier remarks regarding leaving this property on the tax rolls. Mr. Edmondson advised that in Texas and Georgia, Cornerstone pays taxes like everyone else. If the RTC leaves real estate taxes in the operating expenses they use to determine the value of the project, then Cornerstone will pay full real estate taxes. If, however, the RTC decides that this nonprofit does not have to pay taxes and boosts the value of the property, then a problem may surface. He recommends that Cornerstone seek the tax exemptions it is entitled to as a nonprofit, and negotiate payment in lieu of taxes (pilot). In response to Mayor Taylor's question regarding Cornerstone's commitment to the 65/35 RTC requirement, Mr. Edmondson advised that he would prefer to leave the ratio of this project at 65/35, but try to skew the rents on some of the 35 percent units down to reach people who are below 50 percent area median income. Commissioner Jaskiewicz asked whether or not the prospective tenants are screened. Mr. Edmondson said it is essential that all applicants be screened, and Cornerstone has a protocol that is followed. They check rental history, credit history, and verify family size. Commissioner Jaskiewicz confirmed with Mr. Edmondson that his financial plans do not include the City guaranteeing any bonds. With no additional questions from the Commissioners, Mayor Taylor thanked Mr. Edmondson for his presentation. Mr. Cutrer advised that when he contacted the proposers, they were advised that the Commission might make a decision this evening, or defer their decision until the next regular City Commission meeting. 9 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 Mayor Taylor, Vice Mayor Bradley and Commissioners Jaskiewicz and Rosen agreed that they would prefer to make a decision at the next regular meeting. Mayor Pro Tem Matson felt she would prefer to make her decision immediately following the presentations, while the information was fresh in her mind. There was a consensus of the Commission to make the final decision at the regular meeting. Mr. Cutrer also advised that with regard to the matter of taxes, a protocol was sent out advising that when the RFP was received, all questions must be submitted to the City in writing, and answers to all questions would be returned to all proposers. Because the RTC has not released the affordable market value, all proposers were advised not to assume in the proposal that there would be property tax abatement. In addition, all proposers were advised that the City may require some portion of the net cash flow, after debt service is paid, to be conveyed back to the City each year for deposit and use by the City in a housing trust fund to be created by the City. I,E..D._.CF_,ISITER- Delray Be_ach Center__f_orJechnology~nterprise~ Development Sam McGee, Executive Director of the T.E.D. Center, felt that the Commission should know what sets this organization apart from the other three organizations; the T.E.D. Center's methodology in providing effective managing, marketing and maintenance of Clipper Cove, and the benefits to the City by selecting the T.E.D. Center. Mr. McGee introduced Brian Hinners, Executive Director of Florida Affordable Housing. Mr. Hinners will discuss the methodology and managing, maintaining and marketing of the project. Sherry Johnson is the I.E.D. Center's expert on affordable housing. She will discuss the benefits to the City if the T.E.D. Center is selected. Mr. McGee feels the T.E.D. Center has a comprehensive approach to revitalization. The T.E.D. Center has the ability to form partnerships. They have cultivated at least 65 partnerships comprised of federal, state, county, local government, CRAs, building and real estate professionals, other nonprofits, churches, universities, local businesses, chambers of commerce, foundations, lending institutions, etc. With regard to the affordable housing program, government has made a commitment to provide affordable housing opportunities in rentals, single-family residences, new construction and rehab housing. The T.E.D. Center has implemented these commitments. The transformation of community spirit, and the change in attitude and behavior, from a passive, noncommunity involvement to active citizen participation, creates a vital community. Young 10 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 professionals who had moved away from a deteriorating neighborhood, have begun to return to those communities. In June, 1994, Palm Beach County held an economic summit. At this summit, it was determined that the county must stimulate the economy by creating jobs. The T.E.D. Center joined Palm Beach County in its economic commitment by building a prototype small business incubator facility. The objective of the incubator program is to provide professional technical assistance to socially and economically-disadvantaged small businesses which include new and emerging businesses as well as existing businesses. The T.E.D. Center worked with 21 small business clients. These small businesses have created 13 new jobs to date. Through the building of partnerships and the leveraging of resources, the T.E.D. Center builds self-esteem in individuals which yields pride and personal leverage. This extends out into the entire community. Self-esteem, pride, successful ownership and hope for a better tomorrow provide for an effective com m u n ity revitalization program. Brian Hinners reported that over 1 7 affordable housing communities have been developed by his organization throughout the State of Florida. Over 3,000 apartment units are part of those communities. Two thousand of those units are currently managed, or will be managed, by Auburn Management. Most of the residents are either Iow, or very Iow-income households. However, high-quality communities have been developed and maintained. This organization has received national awards two years in a row from the National Association of Home Builders. In 1992, they received an award for Auburn Trace community which designated it the finest multifamily affordable community in the country. In 1993, they were presented with an award for Boynton Bay community. This award designated Boynton Bay the finest multifamily affordable community for seniors in the country. In visiting these two communities, it is obvious that they are both very well maintained. He displayed photos depicting the quality of the community which shows the initiative as far as long-term maintenance. In reviewing the photos of Auburn Trace, Mr. Hinners advised that this community is now five years old and it looks better than ever. The Boynton Bay community has 240 units for seniors which is located between Federal Highway and Seacrest Boulevard. It is almost four years old, and is very well maintained. It is an asset to the community because it has many programs which consist of senior interaction with children, weekly physical checkups, ceramics classes, and many other programs. If selected to purchase Clipper Cove, they would conduct a thorough physical inspection of 11 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 the property to identify corrective maintenance needs. They would then repair any existing problems. Some of the things they have noticed requiring repair are the worn-out roof areas, rust staining, worn-out awnings, and painting of woodwork and trim. They would add playgrounds and picnic barbecue areas throughout the community. They will address security needs through better lighting, a gate-card system, a crime watch program or a patrol. All personnel would be trained to ensure quality personnel and staff. At Auburn Trace, which is a family community similar to Clipper Cove, they have an after- school, latch-key tutoring program, summer camp, and programs all day on weekdays during the school year. Their partner at Auburn Trace founded the I Have a Dream Foundation to provide educational counseling for children and guaranteed college scholarships for all participating school children qualified for college. They are committed to setting up a chapter of this organization at Clipper Cove. They will also sponsor Girl Scouts and Boy Scouts programs, computer training and other educational programs for adults, homebuyers educational seminars, crime watch programs, and CPR training. They will have swimming teams, Little League baseball, basketball teams and cheerleading teams. These are all programs which were instituted at Auburn Trace. The T.E.D. Center has instituted a program in Orlando and Tal[ahassee whereby 5 percent of the rent paid by the tenants is allocated towards a down-payment of a single-family home. Their home ownership incubator program at Clipper Cove would allocate 10 percent of the rent paid by the tenants to be used for down payment on an affordable single-family home purchased within the City limits of Boynton Beach. They believe approximately $720,000 in cash flow will be generated by this development. This will allow the programs to be funded and permit them to contribute cash flow to the City of Boynton Beach to be used for future affordable housing development. This program should increase the value of existing homes in Boynton Beach as well as provide a larger market of able buyers for these homes. It will also help to make Boynton Beach a city of homeowners and not just transient apartment dwellers. It will provide many citizens with the American dream -- owning a home Sherry Johnson explained that the T.E.D. Center and Florida Affordable Housing Alliance did not come together for the simple management of another rental community to provide social services and affordable rental opportunities for the residents of Boynton Beach. lhe purpose is much grander. The I.E.D. Center is in the business of revitalization and community development. They are experts in this field. The alliance was formed to share common values and goals with regard to Clipper Cove. The acquisition is appealing because it will provide a forum to stabilize and grow internally and 12 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 externally. It affords them with the outstanding opportunity for growth and provides an opportunity to utilize the partnership and leveraging skills in this City. If the T.E.D. Center acquires Clipper Cove, it will create a symbiotic partnership with the City of Boynton Beach. The benefits which will be brought to the City include: Increasing the net tax base revenues through affordable housing and small business development; o provide a community base comprised of a wide range of income levels needed to support economic development; minimize the risk of financial investors in housing and commercial development; stabilization of communities through home ownership, business development, jobs, and job training opportunities; 5. create community neighborhood associations; and o the City's programs will be greatly enhanced by expanding the resources available. The nonprofit status will increase leveraging opportunities and provide the City with additional capital which is unaccessible by governments. The City will not incur any additional administrative costs, budget constraints or be required to provide program supervision. The City's investment and risk in the project will be minimal if the T.E.D. Center and the Florida Affordable Housing Alliance is selected for the acquisition of this property. Commissioner Rosen inquired about the corporate relationship between the T.E.D. Center and the Florida Affordable Housing Alliance. Randi Tompkins, attorney for the partnership, advised that the T.E.D. Center will be in the ownership position, with Florida Affordable Housing having a 50/50 representation on the Board of Directors. Vice Mayor Bradley inquired as to the costs anticipated with regard to the programs proposed. Tom Hinners advised that an Activities Director would be required to oversee the various social programs for the residents. That director would be compensated approximately $20,000 per year. Mr. Hinners did not see a need for additional facilities on the site. He believes the existing clubhouse will be sufficient for the programs planned. They see a need for additional playgrounds and picnic areas at the site. 13 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 Mayor Taylor asked about the T.E.D. Center's commitment to the RTC's 65/35 requirement. Mr. Hinners advised that they are willing to go up to 50 percent. He reminded the Commissioners of their commitment of 10 percent of all rent to be used for down payments and closing costs on home purchases within the City limits. Since this is a substantial commitment, they would have to weigh that commitment against any additional City requirement with respect to Iow income housing to make sure there would be sufficient cash flow to cover both commitments. In response to Mayor Pro Tem Matson's questions regarding a property manager in residence, Mr. Hinners advised that it has been their practice to have resident managers and resident maintenance supervisors at their facilities. Mayor Pro Tem Matson also expressed her concern about the security of this community. She inquired as to their plans to implement a gate-card system. Mr. Hinners advised that Boynton Bay is an enclosed community with a gatehouse. This system has sufficed at this complex. Since Clipper Cove is in a better neighborhood, they do not believe they will require a gatehouse with a 24-hour guard. They will do whatever is necessary to provide safety to the complex. Mayor Pro Tem Matson asked for confirmation that the T.E.D. Center will continue to maintain the appearance of the Congress Avenue corridor. Mr. Hinners explained that the T.E.D. Center is strongly committed to maintenance. Requirements from lenders at both Auburn Trace and Boynton Bay require that $200 per year per apartment unit be set aside for repair and replacement reserve. Additionally, they have voluntarily begun to set aside an additional $5,000 per month because the reserve was not sufficient. The appearance of the corridor will not deteriorate. Mayor Pro Tem Matson advised that she viewed the Auburn Trace property when this bidding process first began so that she could get a true picture of how it looked. She again viewed the property recently, and found that the property was well maintained. Mayor Pro Tem Matson pointed out that the T.E.D. Center has no experience with RTC. She wondered whether they feel there will be any problems working with them on this project. Mr. Hinners advised that several of his friends have worked with RTC, and he has become familiar with the process. He does not foresee any problems. Sherry Johnson reported that work has been done with the RTC on a limited basis in running their Hope III program. This program involves the acquisition of government-owned property. They are currently in the process of being qualified with the RTC for the disposition of property where it is donated to nonprofits. 14 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 In response to Commissioner Jaskiewicz' question regarding the occupancy rate at Auburn Trace, Mr. Hinners advised that it is now 99 percent occupied. Mr. Hinners further advised that applicants are screened through normal credit checks as well as criminal checks. Commissioner Jaskiewicz inquired as to whether or not the current tenants would be evaluated to determine if any of them are eligible for lower rents. Mr. Hinners responded affirmatively. Commissioner Jaskiewicz questioned whether or not the City of Boynton Beach would be required to guarantee any of the bonds with respect to financing. Mr. Hinners responded negatively. He advised that they will ask the City to be a named party if the Florida Housing Finance Agency does not have the capability to issue more bonds. No financial obligation on the part of the City will be necessary. Mayor Taylor asked for clarification on the ratio at Auburn Trace with respect to income. Mr. Hinners advised that Auburn Trace is currently 90 percent Iow income (60 percent below median) and 10 percent market rate. With no other questions from the Commissioners, Mayor Taylor thanked the T.E.D. Center for their presentation, and declared a short recess. THE MEETING RESUMED AT 7:45 P.M. Mr. Cutrer advised that during the recess, he investigated the median income rates for Boynton Beach. For the Palm Beach/Boca Raton metropolitan statistical area (which includes Boynton Beach), the median income for a family of four is $44,500.~ When the numbers (50 percent and 80 percent) are applied, the following are the results: (Includes an assumption that these are one, two, or three-person households) 80 Perceo! 50P_erc_e~t One-person Family Two-person Family Three-person Family $24,900 $15,600 $28,500 $17,800 $32,050 $20,000 These are the maximum income limits based on 1994 area median incomes. This figure is usually updated at the end of April of each year. With regard to maintenance, Mr. Cutrer advised that the RTC, in its underwriting of the affordable market value, makes an assumption of $252 per unit per year being set aside in a 15 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 replacement reserve for capital improvements over time. There are 384 units at Clipper Cove; therefore, the RTC will assume apProximately $97,000 per year would be captured out of cash ' flow and set aside for the future improvements. Most lenders would require a minimum of $200 per unit per year which would amount to $77,000 per year. Therefore, it can be estimated that there will be $77,000 to $97,000 set aside for improvements each year. 3. NEI GHB ORHOOD_D E.~.ELO_I?MEN_I COLLABORATIVE John Carlisi, Chairman and CEO of the Collaborative, introduced Mitch Greenstein, the Chief Operating Officer, and Vince Murphy, President of Community Management Services, Inc. Mr. Carlisi felt it was necessary to answer four questions: 1. How can we help the City acquire Clipper Cove from the RTC? 2. How can we market the property? 3. Who will be manage the property? 4. How can we contribute to a housing trust fund? The Collaborative is not a large organization. They pride themselves on a small staff and making extensive use of consultants. They are very selective with respect to the properties they consider for acquisition and management. Their focus is on multifamily affordable housing. They also do special needs housing. In the 1990s, they began working with the Affordable Property Disposition Program of the RTC. They worked through the receivership program. They took the properties from the RTC and put them into the affordable housing program. They acquired 1,017 units. Three of the properties they have acquired are very similar in their residential mix to Clipper Cove. The RTC considers this organization one of their best housing developers and managers. The Collaborative has over two years of experience owning and operating former RTC properties. These properties need professional management by a firm specializing in affordable rental housing. There is usually a great deal of deferred maintenance. In some cases, the deferred maintenance is hidden. In addition, the rent roll is not always what is presented. Many of these properties have a poor street reputation and must be marketed aggressively, but appropriately. With regard to the application, the RTC, in its evaluation of applications, gives more credit to proposals that have a residential distribution serving more Iow-income families. The Collaborative understands the City's desire to meet the RTC's 35 percent requirement. 16 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 Although this may put them at a competitive disadvantage, they are willing to work with that concept. Their experience with the RTC in closing deals and managing properties will make them a very strong partner for the City. Mr. Carlisi advised that Clipper Cove reminds him v. ery much of the Collaborative's property in Atlanta, Georgia. That property has no very Iow-income rentals. Approximately 35 percent of those units are Iow income, with the balance at market rate. When that property was acquired, the occupancy was approximately 90 percent. Today, there is a 95 percent occupancy rate. ¥ince Murphy said his company is the property manager for six NDC properties. He has been an apartment manager for 18 years, managing over 30 garden-apartment units in 13 states. Community Management Services, Inc. is a for-profit company, lhese properties are operated in a way to make them the best asset of the community and to produce cash flow for the Collaborative. He works exclusively with the Collaborative. He will be the property manager for Clipper Cove if the NDC is selected. Mr. Murphy described Park Ridge in Atlanta, Georgia, which has 216 units of which 163 are market rate (75 percent). Twenty-five percent are Iow-income units. Park Ridge is very similar to Clipper Cove. It has an exercise room, pools, lakes with fountains, and a major clubhouse with game room. It has been an award winner for three years running. It is attractive and well run. This property has a large cash flow gain. Mr. Murphy also described Sandpiper in Castlebury, Florida. This property has had substantial renovation to its 196 units. This project has the RTC's 35 percent requirement. Like Clipper Cove, this project also has exercise rooms, pools, volleyball courts, and extensive landScaping. It has a well-run operation and a well-stocked maintenance shop. When this property was acquired, it was a seriously dangerous, crime-infested and drug- infested project. The RTC managers who ran the property prior to its acquisition by NDC ran it for maximum cash flow and with no consideration of this property on the community. When the property was acquired, Community Management Services, Inc. worked very closely with the mayor and police department to clean up the property. A very strong program of rent collection was instituted, which resulted in a great deal of turnover. Those apartments were rerented to better residents. While there is still additional work to be done, this project is turning into a very good project. This property has a 93 percent occupancy rate this year. Mr. Murphy also described Autumn Hills which is located in Atlanta, Georgia. It contains 191 units of which 143 are market rate units with the remaining 48 being Iow-income households. This'property has all of the amenities seen at the other projects. This property has had a stable 17 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 income and has maintained a 97 percent occupancy rate. All properties have an on-line computer system which communicates continuously with the home office. The revenue at Autumn Hills has increased by $100,000 annually, and expenses have decreased. Community Management Services, Inc. will operate Clipper Cove to make it an asset to the community, reduce crime and produce cash flow for the housing trust fund. Their computer system will track what is happening at the property on a daily basis. In visiting Clipper Cove, Mr. Murphy met with Debra Summerville. If selected by the City, Community Management Services, Inc. will probably hire Ms. Summerville to operate the property. In addition, they will probably hire all local people to operate the property. They will institute a computer system. This property is using a model to market the project. They will eliminate the model and institute a firm and carefully-monitored maintenance and product preparation program which will enable the residents to see the actual apartment they will be renting. The maintenance facilities at Clipper Cove are appalling. Regional management people will be sent in to clean up the facilities. The company has very extensive management policies and procedures relative to operating this type of business. John Carlisi said they work with the community and the tenants to see what type of "softer" services they need. There is the potential of establishing a day care center if the need exists for such a service. The establishment of homebuyers' clubs is another possible service for the residents. With regard to the housing trust fund, NDC is not requesting that the 4 percent facilitation fee be part of the financing of Clipper Cove. They will arrange the down payment through private financing. This will allow the City to determine how to use the fee. One potential of that is the initial capital for the housing trust fund. NDC feels Clipper Cove can have a positive cash flow of $25,000 per month. If that is so, the first $2,500 would go to the City; the next $7,500 would go to the Collaborative; and then there would be a 30/70 split with the trust fund. That would net the City approximately $7,000 per month for the trust fund. NDC is interested in having the residents identify with where they are because if they can do 18 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 that, it becomes easier to manage the project, and when they decide to purchase a home, they will search the community where they were previously residing. In response to Mayor Pro Tem Matson's question regarding a manager in residence, or someone on 24-hour call, Mr. Murphy said his company does not generally require a manager in residence. There will be someone on-call 24 hours per day. Mr. Carlisi further advised that while the Lead Manager is usually not a resident, many of the support staff are from the community. Mayor Pro Tem Matson inquired as to NDCfs plans for security at Clipper Cove. Mr. Murphy explained that no plans have yet been made since the needs have not been established to date. The trend today is to get away from on-site guards in favor of gating. Mayor Pro Tem Matson also requested information on NDC's plans for maintenance. Mr. Murphy feels this is where Community Management Services, Inc. stands above all other management companies. He explained that they bring in regional maintenance personnel to evaluate the shop needs and concentrate heavily on product preparation. Every rental unit is inspected twice a year to determine cleanliness, illegal pets, vermin, and maintenance needs. Mayor Pro Tem Matson explained that the recreational amenities are currently being used and trashed by people from outside the community. She questioned how this situation would be handled. Mr. Murphy explained that at Park Ridge, residents are issued keys to the facilities. In some cases, pool passes are used and in other cases, pool monitors are used. There are solutions to this problem other than gating. Commissioner Jaskiewicz inquired as to whether or not this project will remain on the tax rolls. They responded affirmatively. Commissioner Jaskiewicz alSo questioned whether or not the existing tenants would be investigated to see whether any of them will qualify for lower rents. Mr. Carlisi explained that every resident will have to fill out a housing application which will be evaluated to see who qualifies for the program. Monitoring this property is an RTC requirement. In response to Commissioner Jaskiewicz' question about financing, Mr. Carlisi said they will be looking at all financing options. Mayor Taylor requested comments on the NDC's net worth. Mr. Carlisi said their net worth is approximately $4 million. Their properties are worth approximately $22 million with $18 million worth of loans. They have the ability of getting the down payment within 72 hours' notice. 19 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 Mr. Cutrer pointed out that the RFP did not specifically request a financial statement. Although three presenters elected to include a financial statement, this organization was not neglectful since they were not asked to include a statement. 4. YMH,INC./N OAH_ DEYELO PM E 151I_C_ORP._ORA!I O N Steven Duncan, Director of Operations for VMH, Inc., said the primary goal of their five-year plan was to acquire rental units. When Clipper Cove was announced, they felt it would be a good fit in their organization. They are not interested in it for an increase in revenue or merely to help them grow. lhey have had continuous growth over their 20 year history and particularly in the last six years. When they are invited into a new community, they create a partnership with local governments and nonprofits. They also attempt to establish their real estate base to anchor their activities in the community. They have done a great deal of work in creating a partnership with NOAH Development Corporation. They have established a local office in Palm Beach County and obtained authorization to do business in Florida. They have also been qualified by the RTC as an eligible nonprofit. Mr. Duncan explained that both companies have experienced a lot of growth. The VMH fund balance is $4.89 million and NOAHfs assets are $3.192 million: As a result of diversifying, the financial strength of VMH is dependent on a broad variety of services. One-third of their operating revenues are derived from construction sales. They are also a large-scale building contractor which keeps much of its building in-house to maximize their profitability. Another third of their revenues come from rental properties they own and manage. The remaining third of their operating revenues come from contracts and grants from state and federal agencies as well as substantial charitable contributions. Mr. Duncan pointed out that should the need arise, the owner must bring assets to the deal. They are prepared if that need arises. Although VMH is a nonprofit organization, they financially manage their projects and properties in the same way as a for-profit company. In 1994, VMH was selected as one of 20 community development corporations to receive an allocation of federal income tax credits of $1 million. This will further strengthen their financial position. With regard to the housing trust fund, they are willing to participate and commit a portion of the net cash flow after debt service to a housing trust fund to be administered by the City of Boynton Beach. It is a proper idea to take some of the profit from this project to be used in other areas of the community to help provide affordable housing. Mr. Duncan advised that First Union National Bank is their primary lender and they are very interested in working with 20 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 VMH on this acquisition. Barbara Barnes, Director of Housing Management, explained that the Housing Management Division is diversified. Some of the projects included in their proposal were affordable housing projects, lhe Hotel Warwick in Virginia is one of those projects. Friendship Village is another of their projects which was at one time very troubled physically and socially. This project has been turned around to a healthy project. In Richmond, Virginia, they fee manage a tax credit property which was part of a revitalization. Ms. Barnes stated that she spent an afternoon touring the area around Clipper Cove and drafted a marketing strategy for Clipper Cove. She possesses over 25 years of housing management experience and VMH. Community partners are important to VHM. This is done to create good housing. VMH has been in business for 20 years and never sold a multifamily property in their portfolio. She feels that the package which can be put together among the City of Boynton Beach, VMH and NOAH cannot be matched. VMH is ready to be the owner of Clipper Cove and NOAH is ready to be the managing agent. Vice Mayor Bradley requested that the representatives discuss possible upgrades to the community. Ms. Barnes explained that a housing survey is presented to the residents to get a feeling from them as to their needs. They then engage in community partnerships. Mayor Pro Tem Matson inquired as to whether or not there will be a manager in residence, or someone on 24-hour call. Ms. Barnes said the current staff would be assessed by a management team. She would feel much more comfortable with a resident manager. It is company policy that the property manager and the maintenance supervisor would wear a 24- hour pager. In response to Mayor Pro Tem Matson's question regarding the addition of recreational amenities, Ms. Barnes stated that until the cash flow and upgrades are determined, nothing additional is proposed. Clipper Cove is very similar to other communities in the area with regard to recreational amenities. Mayor Pro Tem Matson questioned VMH's plans for security. Ms. Barnes feels a community can be oversecured which gives residents and prospective residents the concern that there is a need for that type of security even when it does not exist. In going through Clipper Cove on five different occasions, she did not see the need for a guarded or gatehouse setup. Security can be dealt with in the way the property is landscaped, and house rules and policies. 21 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 Mayor Pro Tem Matson explained that outsiders are using and trashing the pool and clubhouse. Ms. Barnes advised that this is not an uncommon problem in rental communities. They issue guest passes for the residents' guests, and the pool staff will be familiar with the residents. With regard to the integrity of the Congress Avenue corridor, Ms. Barnes said she has noticed a slight deterioration in the area since last June. They would bring in their own housing management manual and implement and enforce those policies. Mr. Duncan said there are some problems with the physical structure of the parking lot. When the due diligence package is received from the RTC, they will negotiate with them to reassess the needs of the property by going through the project unit by unit. In response to Commissioner Jaskiewicz' question, Ms. Barnes said they are planning to keep this property on the City's tax rolls. Commissioner Jaskiewicz also questioned how VMH plans to screen applicants. Ms. Barnes explained that they have a very strict screening procedure. Their investigations include discussion with the applicant to make them aware of the housing policies, a credit check, and prior landlord reference. Mayor Taylor asked about the current ratios at Lynnhaven Landing relative to Iow-income to market rents. Ms. Barnes stated that all of the rents are market rents at Lynnhaven Landing. There was a rent restriction when this property was acquired. The rents were below what would typically be the market rents. Today, however, the rents are higher than some of the comParable rents in the area. Commissioner Rosen inquired as to the corporate relationship between VMH and NOAH. Mr. Duncan advised that the agreement between the two organizations is to form a partnership of which VMH will be the majority owner. This will be a joint venture with joint decisions made. There have been discussions about a 75/25 partnership with VMH having 75 percent and NOAH having 25 percent. With no other questions from the Commissioners, Mayor Taylor thanked the presenters, and advised that a vote will be taken on Tuesday at the regular City Commission meeting. City Manager Parker said this item will appear under "Unfinished Business". Mr. Cutrer said a number of questions arose about the current appearance of the property. This property is experiencing some unenlightened ownership. It is under the ownership of the RTC. When the property was first inspected in June or July of last year, Messrs. Cutrer and Hawkins found that there was a second property management company brought in within a 22 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 year. The current property owner is from Texas. The RTC is winding down. Most of the people in charge of overseeing this property are out looking for new jobs, and the current property manager is on a short-time contract. The condition of the property today reflects these conditions. Once it is in the hands of a private sector nonprofit organization, we will see dramatic improvements. Mr. Cutrer also stated that one of the presenters was concerned about net cash flow estimates. Mr. Cutrer recommended that the Commission disregard net cash flow estimates completely. He feels this property will produce a net cash flow after debt service of an amount in excess of $300,000 per year. This figure is speculative until the RTC releases the due diligence package. Commissioner Jaskiewicz inquired as to the current tax assessment of the property. City Manager Parker will provide that information tomorrow. Mr. Cutrer advised that in 1993, the RTC had a category called "Taxes and Insurance". From that information, he guesses that the property taxes were approximately $300,000. IV. P_UBLIC HEARING ChrJsNoei questioned whether VMH plans to hire a Florida-based management team. Ms. Barnes explained that they will hire a local staff. NOAH will serve as the managing agent. V. ADJ.OU. RNMENI There being no further business to come before the Commission, the meeting properly adjourned at 9:05 p.m. 23 MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 27, 1995 CITY OF BOYNTON BEACH  t~~Mayor ~'~-- ~r ATTEST: (Five Tapes) Mayor Pro Tem ? /,,,~~"---~ C om missioner S :\CC\WPLMINUTES\COMM~042795 .WPD 24