DEERFIELD BEACH COMMUNITY REDEVELOPMENT AGENCY MEETING MINUTES

Transcription

1 DEERFIELD BEACH COMMUNITY REDEVELOPMENT AGENCY MEETING MINUTES Tuesday, October 8, 2013, 6:30 P.M. City Commission Chambers, Deerfield Beach City Hall The meeting was called to order by Chair Robb at 6:30 p.m. on the above date in the City Commission Chambers, City Hall. Roll Call: Present: Also Present: Absent: Mr. Bill Ganz Mr. Ben Preston Mr. Richard Rosenzweig Vice Chair Joseph Miller Chair Jean M. Robb Burgess Hanson, City Manager Andrew Maurodis, City Attorney Samantha Gillyard, CMC, Acting City Clerk None APPROVAL OF MINUTES DIGITAL TIME STAMP: 6:29:10 September 9, 2013 MOTION was made by Mr. Preston and seconded by Vice Chair Miller to approve the September 9, 2013 minutes as submitted. Voice Vote: YEAS: Mr. Ganz, Mr. Preston, Mr. Rosenzweig, Vice Chair Miller and Chair APPROVAL OF THE AGENDA DIGITAL TIME STAMP: 6:29:20 October 8, 2013 MOTION was made by Vice Chair Miller and seconded by Mr. Rosenzweig to approve the October 8, 2013 agenda as submitted. Voice Vote: YEAS: Mr. Ganz, Mr. Preston, Mr. Rosenzweig, Vice Chair Miller and Chair

2 GENERAL ITEMS ITEM 1 DIGITAL TIME STAMP: 6:29:31 Request to direct staff to register the Deerfield Beach Community Redevelopment Agency with the State of Florida Special District Information Program There was no discussion on Item 1. MOTION was made by Vice Chair Miller and seconded by Mr. Preston to approve Item 1. Roll Call: YEAS: Mr. Ganz, Mr. Preston, Mr. Rosenzweig, Vice Chair Miller and Chair ITEM 2 DIGITAL TIME STAMP: 6:29:58 CRA Resolution 2013/017 - A Resolution of the Deerfield Beach Community Redevelopment Agency regarding Change Order #4 submitted by MBR Construction for modifications to SE 12 th Avenue Streetscape Improvements for an amount not to exceed $76, as part of their contract for the Cove Gardens Project. Kris Mory, Interim CRA Director, outlined Item 2, which is to improve the median between the Publix plaza, SE 12 th Avenue, and the alleyway as it is very dysfunctional and unsafe; whereas, there are a lot of illegal movements. She explained that the agenda backup includes a depiction of the new intersection configuration and although it was hard to redesign, it becomes a four way intersection with a 3-way stop. She further explained that traffic heading southbound off Hillsboro Boulevard will have free passage to continue onto SE 12 th Avenue. The most significant change is that the intersection will be elevated into a traffic table for traffic calming, and to get people to recognize it as an intersection. Ms. Mory said residents from the Cove neighborhood will now be able to go straight onto Hillsboro Boulevard, or take a left into Publix. Moreover, Staff is working with 7-Eleven to obtain a temporary construction easement to open their median along the alleyway. This will avoid people illegally traveling northbound onto southbound 12 th Avenue. This will also allow them to travel into alley to get to 7-Eleven. Additionally, patrons in Publix seeking to travel to Hillsboro will now be able to turn either right or left from Publix; which will likely cut down on traffic in the neighborhoods. Vice Chair Miller agreed with the improvements to the streetscape; and as it shows wisdom by having it done now while the contractors are present; which likely provides a better price while the contractors are there. Mr. Preston said that he also has received several comments from residents regarding the cost; however, not making the changes might eventually be more costly when considering the possibility of someone being injured. 2

3 MOTION was made by Vice Chair Miller and seconded by Mr. Preston to approve Item 2, adopted CRA Resolution 2013/017. Roll Call: YEAS: Mr. Ganz, Mr. Preston, Mr. Rosenzweig, Vice Chair Miller and Chair ITEM 3 DIGITAL TIME STAMP: 6:34:07 Discussion regarding property acquisition Chair Robb said that at the October 1, 2013 City Commission Meeting, she mentioned property acquisition. She asked where the funds for the Cove Gardens Project (Item 2) would come from. Kris Mory, Interim CRA Director, replied that those funds would come from the CRA Infrastructure and Capital Improvements line item. However, there is approximately $500,000 remaining in terms of unencumbered funds this year. In regard to bond funds, those are for bond projects, i.e. Sullivan Park and the Cove Gardens Project, which funds are separate from CRA Tax Increment Revenue. The $500,000 are funds for infrastructure, capital improvements, special events, commercial façade, etc.; line items that are not encumbered yet. Chair Robb said that the Board must make a decision about any development going on in the beach area. However, Sullivan Park belongs to the City and no one is going to build on it; thus, if the construction is delayed, it will not affect the City as a whole. However, if the Board does not make a move for eminent domain on some of the properties that are the entranceway to the beach, it is possible that someone else will develop the property. If the City does not own it, the Commission will not have any say over what can be developed. She said she would like the CRA to ask the Commission to formulate a plan for the development of the beach entranceway; as you cannot go to eminent domain without a plan. She recommended a motion to allow the CRA to proceed with a plan for the development of the area. Chair Robb said she needs to find out if the bonds can be utilized for the purchase of the property. Andrew Maurodis, City Attorney, said the CRA may have to amend the CRA Plan. Vice Chair Miller asked for clarification if Chair Robb wanted to delay the Sullivan Park Project. Chair Robb replied that the Board must decide what is more important. If Sullivan Park is delayed, it will likely be done the following year; however, she does not believe the Board can wait another year to delay the beach entranceway. Vice Chair Miller said $500,000 is not enough to procure any properties. 3

4 Chair Robb replied that is true, and expressed interest in using funds from the Bond issue, as there should be $2 million left. Ms. Mory said the bond funds are very specific for uses; whereby, they must be approved by the stockholders. Moreover, she explained that the bond documents are very specific and outlined what they can be used for; roadway improvements, infrastructure and park improvements; however, it cannot be used for property acquisition. If the Board decided to take that route, Staff would have to go back and redirect the bond funds. In response to Chair Robb s comment, Ms. Mory said that the Board actually has a plan; which is well defined; however, the obstacles are timing, cost and cash flow in order to achieve it. In the Capital Improvements Plan, as approved as part of the budget, the Board agreed to the purchase of Deerfield Island entryway, NE 1 st Street properties in 2016 and Chair Robb disagreed with waiting until Ms. Mory explained that the Capital Improvements Plan uses tax increment revenue and not eminent domain; it purchases the property just as you would in a private market transaction. She said $500,000 is not enough to purchase properties; nevertheless, if the Board decides to purchase the property, all funds from the tax increment revenue would be saved to purchase it by Additionally, the CRA Plan would have to be amended; as the plan specifies that the CRA is not to purchase property unless all market attempts have been exhausted. Mr. Maurodis said before this can be considered, the Board would have to determine whether it is detailed enough to support eminent domain, which he will review. Furthermore, the plan will have to be amended as the use of eminent domain is negative. Therefore, he recommended that Staff report back with a list that effectuates the Board s desire. Mr. Maurodis outlined the next plan of action, review eminent domain, review the current plan, provide a timeline and that the City Manager review the bond issue. Burgess Hanson, City Manager, said there is a three (3) year commitment in the bond issue to have the Sullivan Park Project complete, not under construction. Chair Robb asked if Sullivan Park is included in the bond issue. Mr. Hanson replied that it is park improvements; nevertheless, there is a time limit. Mr. Maurodis said the three (3) years is for arbitrage, which may or may not be a problem given the low interest rate. Mr. Hanson asked how the FIND Grant applies. 4

5 Ms. Mory replied that the FIND Grant could not assist the CRA if Sullivan Park is not done. As it relates to Sullivan Park, the value of the FIND Grant may be approximately $1.5 to $2 million of grant money that can be used for parks. However, those funds would not be applicable to the property on A1A; notwithstanding, by abandoning Sullivan Park, those funds can be used to pursue another opportunity. Mr. Ganz said that it is his understanding that the individual who owns the property has no desire to sell. Although he understands the concern for potential development he does not agree with pausing the Sullivan Park Project. He also expressed concern with using eminent domain, but has no objections to property acquisition. Additionally, Mr. Ganz said that according to the CRA s plan, the Board cannot pay more than 10% of the estimates received, along with unanimous approval. Mr. Maurodis said Staff will provide a list of what needs to be done. Mr. Ganz asked if there is an eminent danger concerning the property. Chair Robb replied yes. Chair Robb said that her request is to have Staff develop a plan for eminent domain. She expressed concerns with construction to the beach area devaluing the property. Mr. Ganz said he does not want to change direction based on innuendo especially considering that this is a multi-million dollar project. Thereafter, he reiterated his dissatisfaction with the use of eminent domain. Mr. Preston also expressed concern with eminent domain, and would like to think about what may impact the residents. He explained that the Board cannot transition over to another project based on timelines currently in place, and recommended that Staff report back with options before making a decision. Chair Robb reiterated her request, to direct the CRA and City Attorney to provide options to the Board. In response to Mr. Ganz s question, Mr. Maurodis replied that the Board would direct Ms. Mory and himself to provide a report of possible Board actions and any associated issues. Ms. Mory said that more research can be done. However, within the past month, she has met with two (2) separate individuals that are considering those properties, but it is in the CRA s Plan. Additionally, she has met with another individual looking for the CRA s support for overpaying for the property, which would constitute a public private partnership. Therefore, she has been exploring other options as she is approached by investors or developers. It was the consensuses of the Board to have Staff bring back recommendations. 5

6 Mr. Hanson said that at the last City Commission Meeting, he spoke with Ms. Mory about reviewing procedures. BOARD/ADMINISTRATION COMMENTS DIGITAL TIME STAMP: 6:52:09 Vice Chair Miller - CRA Director - Vice Chair Miller said that Kris Mory, Interim CRA Director, has been serving as interim for almost a year and would like to make her the director. MOTION was made by Vice Chair Miller and seconded by Mr. Ganz to name Kris Mory CRA Director. Roll Call: YEAS: Mr. Ganz, Mr. Preston, Mr. Rosenzweig, Vice Chair Miller and Chair Chair Robb said that she prefers that there not be an increase in salary. Burgess Hanson, City Manager, said that he would have to review the City s personnel because normally, when someone assumes a role permanently, there is a salary adjustment. He said he would bring it back at the next CRA Meeting for discussion. PUBLIC INPUT DIGITAL TIME STAMP: 6:53:47 Purchase Beach Property - Rita Masi, 261 NE 19 th Avenue, Deerfield Beach, commented on various methods the CRA may use to purchase beach property; i.e. a mortgage, a bond to purchase the property as well as others. Andrew Maurodis, City Attorney, said that the City is not allowed to mortgage a property. Hillsboro Beach Ordinance - Ms. Masi said that Hillsboro Beach passed an ordinance prohibiting anyone having a record as a sexual offender from buying or renting in Hillsboro Beach. She asked that this be considered for the island portion of the City. Canal Closed Until October Ms. Masi asked why the canal would be closed until Vice Chair Miller said it is due to the construction of the forcemain. Turtle Presentation - Ms. Masi said she attended the turtle presentation on the pier on Saturday and it was determined that the lights at the pier restaurant are not turtle friendly. Chair Robb said that she provided information to the Commission regarding the lights not being safe and thought it was on the checklist for the CRA building to investigate compliance. 6

7 PUBLIC INPUT - CONTINUED Keven Klopp, Assistant City Manager, said the plans for the pier restaurant were approved by the State and the rules for turtle compliant lighting do not apply to interior lights. Turtle advocates are requesting that the lights inside the building be diminished, but they are not out of compliance; however, there were issues with the exterior lights, which has been resolved. Vice Chair Miller asked if an awning was installed, would it block the lights. Mr. Klopp replied that he does not think so. What could block the lights over the grill in the kitchen are interior drapery. The only way an awning would block the lights is if it were extremely low. Vice Chair Miller presented Burgess Hanson, City Manager, with a plaque for Dunn s Run success; he asked that it be placed in the trophy shelf. ADJOURNMENT: There being no further business, the meeting adjourned at 7:00 p.m. ATTEST: JEAN M. ROBB, CRA CHAIR SAMANTHA GILLYARD, CMC, ACTING CITY CLERK 7