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HomeMy WebLinkAbout1569653 - MINUTES - CRA MINUTES OF MEETING DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY TUESDAY, DECEMBER 11, 2018 - 5:30 P.M. 1. Call to Order/Roll Call Chair Lewellen called the meeting to order at 5:30 p.m. Present: Chair: Lori Lewellen Vice-Chair: Lauren Odman Board Members: Chickie Brandimarte Bill Harris Tamara James Executive Director: Rickelle Williams City Attorney: Thomas Ansbro CRA Secretary: Thomas Schneider 2. Citizen Comments There were no comments at this meeting. 3. Administrative Reports Director Williams distributed a CRA projects status report to the Board. 3.1 2019 Arts and Seafood Celebration Report Director Williams briefly reviewed the memo included in the agenda packet. 3.2 PATCH Holiday Craft Bazaar Director Williams reviewed the flyer included in the agenda packet and described the holiday activities to be featured at the event. 4. Presentations 4.1 Art of Community Grant Update Director Williams reviewed the information included in the agenda packet, and presented a video of interviews conducted at the community workshops. Gary Moore, artist for the grant project, gave an update on the status of the grant. A brief discussion ensued about Stirling Collins and the Collins family. 4.2 Legal overview of Affordable Housing Initiative - James Brady, Esq., Saul, Ewing, Arnstein& Lehr Director Williams introduced Attorney Brady, who gave a PowerPoint presentation which is attached to and incorporated into these minutes. Chair Lewellen questioned the CRA's second mortgage holder status and the use of a land trust in the case of foreclosure. Attorney Brady explained the restrictions that should be put in place and joined-in by the institutional lender in order to protect the agency. A land trust could probably be done or we could do a carve-out where the agency has an enforceable right to buy the defaulted promissory note. He further explained proper vetting of entities that submit proposals pursuant to the Public Notice of Disposition. Board Member Brandimarte asked what the worst case scenario would be and if Director Williams has past experience on exactly this type of proposal. Attorney Brady gave the example of a single proposer who responds to the public notice, takes on all six lots, and then goes bankrupt. He noted the Board and staff are attentive and he is confident they would avoid this kind of downside,though it is a possibility. Director Williams noted she was employed at the Housing Finance Authority of Miami-Dade County that provided funding and oversight for similar programs, but she has not done this specific program in this capacity. Board Member James asked how often Attorney Brady has seen the worst thing that could happen. Attorney Brady responded he has never seen the ultimate downside occur in one of these kinds of operations with a CRA providing for affordable housing. He emphasized the importance of proper vetting of the proposal so you have the correct debt/equity ratio and economic elements. Board Member James noted she is happy Attorney Brady continually emphasizes the importance of vetting proposers, and spoke of the vetting process. She questioned how a land trust works. Attorney Brady explained the trust owns, develops, and maybe rents or disposes the property to the end user. He has not looked deeply into use of a land trust because he does not understand that to be part of the program. He noted the Board's tough questions go to ensure the success of the effort. Minutes of Regular Meeting 2 Dania Beach Community Redevelopment Agency Tuesday,December 11,2018—5:30 p.m. Vice-Chair Odman asked if the majority of cities that are doing a similar model are not using a land trust. Attorney Brady responded that is correct. He noted whatever model is used will have a certain amount of risks; the key is to minimize the risks on the front end, not on the back end. Board Member Brandimarte noted we definitely need a pilot program to see how it works before we make any kind of other major decisions. It would be too much of a risk of the taxpayers' money. Attorney Brady responded he considers the six parcels the pilot program; they may be the floor of where we ought to be. Chair Lewellen spoke of the lottery program being put together and said she understands a homeowner could behave as any other, such as having a roommate or renting out a room. Her other concern is that a home could go to someone who is not deserving of it based on income; she wants to make sure this is fair to everybody who is applying. She briefly addressed the land trust. Attorney Brady responded the restrictions for the end-user could be micro-managed, but they are very difficult to police. Additionally, while micro-restrictions can be applied, you have to ask if that is what you want to say to your community. He addressed who should be sought to be the end-user, which would be worked out in the process. He noted the land trust would be subject to the covenants and restrictions that were discussed. Board Member Brandimarte spoke of end-users, and gave an example of a single person who initially qualified and who later was joined by a companion, who together would no longer qualify based on their combined income. She added it sometimes could be unfair. Attorney Brady responded that the concerns are sound, but perhaps in the prioritization of all the things to be considered, the concern expressed should be of minimal importance because you have helped that particular end-user. This program presents a big opportunity to help the community. 5. Consent Agenda Items Removed from ConsentAgenda: #5.5 5.1 Minutes: Approve Minutes of the November 13, 2018 CRA Board Meeting 5.2 Travel Requests: None 5.3 RESOLUTION NO. 2018-CRA-023 Minutes of Regular Meeting 3 Dania Beach Community Redevelopment Agency Tuesday,December 11,2018—5:30 p.m. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY ("CRA") OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CRA OFFICIALS TO ISSUE A PUBLIC NOTICE OF DISPOSITION IN ACCORDANCE WITH SUBSECTION 163.380 (3)(a), FLORIDA STATUTES, FOR THE PURPOSE OF SOLICITING PROPOSALS FOR THE DEVELOPMENT OF AFFORDABLE HOUSING IN THE COMMUITY REDEVELOPMENT AREA;PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 5.4 RESOLUTION NO. 2018-CRA-024 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA") OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING A GRANT AWARD IN THE AMOUNT OF FIFTY NINE THOUSAND FIVE HUNDRED DOLLARS($59,500.00) FROM THE FREDERICK A. DELUCA FOUNDATION FOR THE PATCH MOBILE MARKET PROGRAM; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Chair Lewellen motioned to approve the Consent Agenda, with the exception of Item #5.5; seconded by Board Member James. The motion carried unanimously. 5.5 RESOLUTION NO. 2018-CRA-025 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY ("CRA")OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO ENTER INTO A "PIGGYBACK" AGREEMENT FOR REAL ESTATE BROKERAGE AND LEASE MANAGEMENT SERVICES WITH COLLIERS INTERNATIONAL SOUTH FLORIDA, LLC AND THE CITY OF DANIA BEACH, FLORIDA ("CITY"); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2018-CRA-025. Director Williams gave a brief overview of this item. Board Member James motioned to adopt Resolution #2018-CRA-025; seconded by Board Member Harris. Ken Krasnow, Executive Managing Director, Colliers International South Florida, LLC, introduced the Colliers' team and gave an overview of the services to be provided. The motion carried on the following 5-0 Roll Call vote: Board Member Brandimarte Yes Vice-Chair Odman Yes Board Member Harris Yes Chair Lewellen Yes Board Member James Yes 6. Proposals and Bids There were no proposals on this agenda. Minutes of Regular Meeting 4 Dania Beach Community Redevelopment Agency Tuesday,December 11,2018—5:30 p.m. 7. Discussion and Possible Action There were no discussion items on this agenda. 8. Board Member Comments Board Member Brandimarte noted she liked the idea of locating retail establishments on the bottom floor of a parking garage as described by Mr. Krasnow with Colliers International. 9. Information Items There were no items on this agenda. 10. Adjournment Chair Lewellen adjourned the meeting at 6:31 p.m. ATTEST: COMMUNITY REDEVELOPMENT AGE Y THOMAS SCHNEIDER, CMC LORI LEWELLEN CRA SECRETARY CHAIR—CRA Approved: January 22, 2019 B� DANI A 8-WH � AMENCr Minutes of Regular Meeting 5 Dania Beach Community Redevelopment Agency Tuesday,December 11,2018—5:30 p.m. Le aL DAN IA BEACH ■ COMMUNITY REDEVELOPMENT AGENCY Overview of AT AffordabLe DANIA BEACH First-time Homebuyer Program H o sin SAU L EUV I N G Inmitmi tmive ARNSTEIN PRESENTED BY JAMES C. BRADY, ATTORNEY AT LAW SAUL EWING ARNSTEIN & LEHR LLP & LEHR LLP DANIA BEACH CRA LEGAL COUNSEL 1. GOAL OF 2. MISSION OF 3. AUTHORITY AND COMMUNITY DANIA BEACH REQUIREMENT FOR REDEVELOPMENT CRA AGENCY PLAN 4. PROVISION FOR AN AFFORDABLE 5� STATUTORY HOUSING ELEMENT AUTHORIZATION 6. IMPLEMENTATION 7. FUNDING 8. PROTECTION SUPPORT _ OF INVESTMENT 163 . 335 FINDINGS AND DECLARATIONS OF NECESSITY . — Goal of Community Redevelopment: ( 1) It is hereby found and declared To Eradicate Conditions that there exist in counties and of Slum and Blight municipalities of the state slum and blighted areas which constitute a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state; THE MISSION OF THE CRA IS TO CREATE AND IMPLEMENT ECONOMICALLY SOUND REDEVELOPMENT AND Mission of Dania REVITALIZATION Beach Community ACTIVITIES IN THE CITY OF Redevelopment DANIA BEACH, TO IMPROVE Agency THE UNIQUE SMALL TOWN QUALITY OF LIFE, WHILE SIMULTANEOUSLY FACILITATING INVESTMENT, COMMERCIAL DEVELOPMENT, INNOVATION AND GROWTH FOR OUR DIVERSE POPULATION. 163 . 360 COMMUNITY REDEVELOPMENT PLANS . (1) Community redevelopment in a community redevelopment area shall Authority and not be planned or initiated unless the governing body has, by resolution, Requirement for determined such area to be a slum Agency Plan area, a blighted area, or an area in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, or a combination thereof, and designated such area as appropriate for community redevelopment. 163 . 360 COMMUNITY REDEVELOPMENT PLANS . (2) The community redevelopment plan shall: Provision for (c) Provide for the development of Affordable Housing affordable housing in the area, or state the Element reasons for not addressing in the plan the development of affordable housing in the area. The county, municipality, or community redevelopment agency shall coordinate with each housing authority or other affordable housing entities functioning within the geographic 17 - -- : boundaries of the redevelopment area, concerning the development of affordable ' � � housing in the area. 163. 380 DISPOSAL OF PROPERTY IN COMMUNITY REDEVELOPMENT AREA. (1) Any county, municipality, or community redevelopment agency may sell, lease, dispose of, or otherwise transfer real property or w any interest therein acquired by it for Statutorycommunity redevelopment in a community redevelopment area to Authorization any private person, or may retain such property for public use, and may enter into contracts with respect thereto for residential, recreational, commercial, industrial, educational, or other uses, in accordance with the ,� -- - community redevelopment plan, it subject to such covenants, conditions, and restrictions, including covenants running with the land, as it deems necessary or desirable to assist in preventing the development or i spread of future slums or blighted p g areas or to otherwise carry out the purposes of this part. 163 . 380 DISPOSAL OF PROPERTY IN COMMUNITY REDEVELOPMENT AREA . (2) Such real property or interest Implementation shall be sold, leased, otherwise p transferred, or retained at a value determined to be in the public interest for uses in accordance with - -- - - - the community redevelopment plan ., and in accordance with such .a reasonable disposal procedures as ti r= any county, municipality, or kkk community redevelopment agency ___ - may prescribe. THE CITY OF DANIA BEACH HAS ELECTED TO SUPPORT THE MISSION AND GOALS OF THE CRA BY DIRECT BUDGETARY SUPPORT FROM ITS GENERAL FUND , AS CONTRASTED WITH TAX INCREMENT FUNDING ARISING DIRECTLY FROM THE AD VALOREM REVENUES GENERATED FROM THE LANDS WITHIN THE CRA BOUNDARIES. THIS FUNDING MODEL IS NOT ONLY LEGALLY ACCEPTABLE , BUT DISTINCTLY Funding Support APPROPRIATE from General Fund Unlike enterprise funds, the use of which is restricted to enhancing the particular applicable enterprise, General Fund revenues are restricted only by the requirement that such Funds be spent for a public purpose, in this case, the —� mitigation or eradication of conditions of slum and blight and building the community a.� envisioned in the CRA Mission and CRA Plan. HOW CAN THE CRA BE PROTECTED FOR THE AMOUNT OF THE DEPOSIT? Aside from covenants and CAN LOTS BE SOLD TO restrictions, there are a number of BUILDERS WITH A DEED ways to protect the public- RESTRICTION OR CLAUSE THAT, investment. For instance, revenue- FOR A CERTAIN SALES PRICE, sharing provisions may be Protection of THE BUILDER HAS TO DO embedded in the transaction with AFFORDABLE HOUSING? the developer; a promissory note, Investment secured by a mortgage executed Yes. Sub-section 163.380(1 ) by the end buyer can be anticipates this concern. The employed. This is the common Legislation specifically provides practice. that the lands sold or otherwise disposed of may be transferred subject to covenants and ARE THESE PROGRAMS restrictions designed to assist in COMMON? preventing the spread of slum and Yes. These models and practices blight or to otherwise carry out the about which we speak are typical purposes of the CRA Mission. throughout South Florida ' A communities. We have identified many local cities with similar ,�. programs. HOM EBUYER PROPERTY READINESS DEVELOPMENT • Residency Requirement • Architectural Plans Current • Homebuyer Education • Notice of Public Disposition Steps • Housing Counseling • Developer Proposal Evaluation p p • Income Verification Conveyance to Developer with Deed Restrictions and • Lender Approval Covenants • Lottery Selection Construction • Award/10-Year Mortgage Conveyance to Homebuyer Forgivable Loan • Closing Y 0 Closing Q & A JAIVIES C. BRADY SAUL EWING ARNSTEIN&LEHR,LLP 200 EAST LAS OLAS BLVD,SUITE 1000 FORT LAUDERDALE,FLORIDA 33301 PRACTICE AND AREAS OF LEGAL SPECIALIZATION Specialization: * MUNICIPAL LAW (City Attorney for Lauderdale Lakes and other municipal entities since 1975): Interpretation, drafting and administration of municipal ordinances and related laws; attendance at city council/commission meetings; advising the city council/commission on legal matters; conduct of litigation and related matters such as,but not limited to, municipal labor relations, civil service rights, bond issues, planning and zoning, local planning agency matters, code enforcement, and community redevelopment; el for West Parkland Drainage District in 1977. counsel g • COMPLEX LAND USE LITIGATION Litigation of private and public rights regarding the use and regulation of land, including, but not limited to, land use and zoning issues, eminent domain and regulatory takings, as well as due process and Bert J. Harris Private Property Rights Protection Act issues. • ADMINISTRATIVE LAW (and development and governmental approvals):Appearances before municipal, county and state regulatory boards; strategy, preparation and conduct of presentations for land use, development and variance hearings, platting, zoning and site approvals, special exceptions and conditional uses; representation of professionals,such as architects and engineers,before quasi-judicial boards. • REAL ESTATE: Real estate transfers, mortgage placement and negotiation; project planning and documentation; examination of abstracts of title; title clearance; preparation of contracts;closing real estate transactions and disbursal of funds. • PUBLIC HOUSING: Negotiations and preparation of documents for tax exempt mortgage financing; coordinating between various governmental entities and private participants in bringing projects to conclusion. • CONDOMINIUM LAW: Preparation and interpretation of condominium documentation; research and litigation; filings with the Office of Interstate Land Sales Registration and Department of Housing and Urban Development. 114977987.1 * APPELLATE PRACTICE: Cali v. Meadowbrook Lakes View Condominium,59 So.3d 363 (Fla. 411'DCA 2011) Gonzalez v Unemployment Appeals and Craven Thompson&Assoc. 26 So.3d 595 (Fla. 4"'DCA 2010) N&D Holding v.Town of Davie, 17 So.3d 819(Fla. 4"'DCA 2009) Catherine P. Stevenson v. City of Wilton Manors, CACE 09-30042, 171'Judicial Circuit USA Express Inc v City of Hallandale Beach,H.Development and Domus, CACE 07- 25646, 17`h Judicial Circuit Town of Lauderdale-By-The-Sea v. Sea Colony,Inc., 958 So.3d 819 (Fla.4"DCA 2007) USA Express, Inc. v. City of Hallandale Beach and Gulfstream Park, LLC, CACE 06- I9638, 17''Judicial Circuit AT&T Wireless Services of Fla.v. WCI Communities,Inc.,932 So.2d,251 (Fla. 41, DCA 2005) Micky Biss and USA Express Inc v Environmental Quality Control Board of Miami- Dade County and Miami Dade County, 04-25259, 1111 Judicial Circuit RaceTrac Petroleum, Inc. v. City of Oakland Park, CACE 04-08866, 17t'Judicial Circuit Madison Hotel Corp and Amiad Hammad v. Broward County and the Board of Adjustment of Broward County,4D03-2586,a District Court of Appeal Madison Hotel Co . and Am'ad Hammad v. County of Broward and the Board of Adjustment of Broward County, CACE 03-03506, 171`Judicial Circuit First Nationwide Mort¢Corp v Brantley, 851 S.2d 885 (Fla. 4th DCA 2003) Golf Club of Plantation,Inc v City of Plantation, 847 So.2d 1028 (Fla. 4th DCA 2003) Christensen Shipyards, Ltd v Derecktor-Gunnell Inc 825 So.2d 1004 (Fla.4th DCA, 2002) City of Lauderdale Lakes v School Bd of Broward County, 824 So.2d 952 (Fla. 4th DCA 2002) Broward County v. G.B.V.International,Ltd.,787 So.2d 838(Fla.2001). City of Deerfield Beach v.Boca Dominium,795 So.2d 145 (Fla.4th DCA 2001) G.B.V. Intern.,Ltd.v.Broward County,709 So.2d 155 (Fla. 4a`DCA 1998) 2 114977987.1 Golf Club of Plantation, Inc. v. City of Plantation, 717 So.2d 166 (Fla.4th DCA 1998). Enterprise Leasing Company v. City of Lauderdale Lakes, 637 So.2d 24 (Fla. 4th DCA 1994). Cox & Palmer Construction Corporation v. 'Michael A. Shiff& Associates, 568 So.2d 1329(Fla.4th DCA 1990). George W. Johnson v. Thomas Bednar,552 So.2d 929(Fla.4th DCA 1989). City of Miramar v.Amoco Oil Company, 524 So.2d 506(Fla.4th DCA 1988). Dean Richardson v. City of Pompano Beach, 5l l So.2d l l2l (Fla.4th DCA 1987) City of Oakland Park v Oakland Forest Corporate Center, 515 So.2d 1055 (Fla.4th DCA 1987) City of Lauderdale Lakes v. Herman Corn, Trustee, 427 So.2d 239 (Fla.4th DCA 1983). City of Lauderdale Lakes v.Herman Corn,Trustee,415 So.2d 1270(Fla. 1982). Melvin T. Goldberger v.Bernice Roehner,401 So.2d 897(Fla.4th DCA 1981). Melvyn Pollack v. Barbara Ann Pollack,374 So.2d 556(Fla. 4th DCA 1979). City of Lauderdale Lakes v. Herman Corn, Trustee, 371 So.2d 1111 (Fla.4th DCA 1979). City of Lauderdale Lakes v. Fraternal Order of Police,Lodge#100,346 So.2d 642(Fla.4th DCA 1977) City of Tamarac v. Emil Kalafut,332 So.2d 85 (Fla.4th DCA 1976) General Practice(since 1973): Corporate and business. Litigation:personal injury; land use and administr ative; appellate. 3 114977987.1 Real property:residential and developer transactions. PROFESSIONAL/BAR MEMBERSHIPS American Bar Association Bar of the District of Columbia Florida Bar Association Virginia State Bar Association United States District Court, Southern District of Florida PROFESSIONAL AFFILIATIONS Governmental Legal Affiliations: Dania Beach CRA Consulting Attorney 2017-Present 100 W. Dania Beach Blvd. Dania Beach,FL 33004 City of Lauderdale Lakes City Attorney 1976-2018 4300 N.W. 36th Street Resigned 9/30/2018 Lauderdale Lakes,FL 33319 City of Lauderdale Lakes Assistant City Attorney 1975-76 City of Miami Gardens Consulting City Attorney 2006-Present 18605 NW 7°i Avenue Miami Gardens,FL 33056 City of Tamarac Assistant City Attorney 1975-76 5811 N.W. 88th Avenue Tamarac,FL 33321 City of Hacienda Village Village Attorney 1984 Hacienda Village,FL 33312 City of Sunrise City Council Special Counsel 1987-88 10770 West Oakland Park Boulevard Sunrise,FL 33351 City of Cooper City Special Counsel 2001-2005 9090 S.W. 50th Place 4 114977987.1 Cooper City,Florida General Legal Affiliations: Saul Ewing Arnstein&Lehr LLP Senior Partner 2017-present Arnstein&Lehr,LLP Partner 2006-2017 James C.Brady&Associates Head of 3-attorney firm 2001-2006 Brady and Coker Partner 1988-2001 1318 Southeast Second Avenue Fort Lauderdale,FL 33316 James C.Brady,P.A. Sole practitioner 1977-88 1508 Southeast 3rd Avenue Fort Lauderdale,FL 33316 Deutsch&Brady,P.A. Partner 1976-77 400 North State Road 7 Margate,FL 33063 ZealYBrady,a&Brad PartnershipPartner 1975-76 2691 East Oakland Park Blvd.#400 Fort Lauderdale,FL 33306 Deutsch,Deutsch,Goldberg&Young Associate attorney 1972-74 2881 East Commercial Boulevard Fort Lauderdale,FL 33308 OTHER AFFILIATIONS American Arbitration Association Arbitration Panelist 1991-1996 EDUCATION Florida State University College of Law Juris Doctorate,with honors 1972 Tallahassee,Florida Florida Atlantic University Master of Education 1969 Boca Raton,Florida Bachelor of Arts, 5 114977987.1 Englisb/Education 1967 CONEMRJNITY SERVICE Northwest-Progresso-Flagler Heights Advisory Board City of Fort Lauderdale Community Redevelopment Agency Member 1999-Present Historic Preservation Board Chairman 1991-93 City of Fort Lauderdale,Florida Vice Chairman 1988-91 Member 1986-1996 Broward County Child Care Hearing Officer 1985-90 Broward County,Florida Broward County Zoning Board Member 1981-90 Broward County,Florida Downtown Council,Inc. Program Chairman 1984-89 Fort Lauderdale,Florida President 1985-87 Vice President 1983-84 Member/Director 1980-89 Charter Review Subcommittee Governmental Structures 1988 Broward County,Florida Committee member Management Review Committee Member 1987 Broward County,Florida Blue Ribbon Panel/Sales Tax Panel member 1987 Broward County,Florida Vinnette Carroll Repertory Company Pro Bono attorney 1986-1987 Board of Trustees 1987 Performing Arts Center Member 1986-87 Mayor's Blue Ribbon Panel Fort Lauderdale,Florida 6 114977987.1 Citizens for a Greater Fort Lauderdale Member 1986 Fort Lauderdale,Florida Performing Arts Center Steering Committee Member 1984 Fort Lauderdale,Florida Fort Lauderdale Chamber of Commerce Manufacturing&Industry Subcommittee member 1983-84 Court Facilities Committee Member 1981 Broward County Bar Association City of Fort Lauderdale License Review Board 1979-81 Fort Lauderdale,Florida Broward County Tax Reform Committee Member 1981 Fort Lauderdale,Florida Division of State Planning Research Assistant 1971-72 State of Florida Bureau of Land Planning Tallahassee,Florida OTHER VOCATIONAL EXPERIENCE Department of Health&Rehabilitative Service Pompano Beach,Florida Counsellor U 1969-70 Broward County School District Deerfield Beach,Florida Junior High Teacher 1968-69 7 114977987.1