Chair Coopercalled the Meeting to Order at 6:08 P.M

MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS, CITY OF HALLANDALE BEACH, FLORIDA, HELD ON MONDAY, SEPTEMBER 23, 2013 AT 6:00 P.M., CITY COMMISSION CHAMBERS, 400 S. FEDERAL HIGHWAY, HALLANDALE BEACH, FLORIDA 33009

1. CALL TO ORDER

Chair Coopercalled the meeting to Order at 6:08 P.M.

1. ROLL CALL

Directors Julian, Lazarow, and Sanders, Vice Chair Lewy and Chair Cooper, Acting Executive Director Nydia Rafols-Sallaberry, andHBCRA Attorney Steve Zelkowitz, Gray Robinson PA – All Present.

1. PLEDGE OF ALLEGIANCE

1. PRESENTATIONS

1. PRESENTATION REGARDING THE STATUS OF HBCRA OWNED LOTS (STAFF: HBCRA DIRECTOR/DEPUTY CITY MANAGER)

Daniel Rosemond, Deputy City Manager/HBCRA Director, gave a presentation regarding the status of the forty-two (42) properties owned by the HBCRA including the limitations and recommendations for development on each of the parcels identified. Director Rosemond answered questions posed by the Board of Directors.

The Board of Directors discussed staff’s recommendations and the need to consider disposition of some of the parcels in the inventory should the HBCRA be unsuccessful in acquisition of adjacent properties for comprehensive development.

Director Julian asked about the initial cost of properties acquired by the HBCRA.

HBCRA Director Rosemond pointed out that since some of these properties were escheated to the HBCRA and City from the County there may not have been any direct costs to the agencies. He noted, however that staff will research and provide the requested information.

Answering questions posed by Director Lazarow, Charles Wu, Director of Development Services stated that the properties along the Foster Road Corridor are within the Regional Activity Center (RAC) and are zoned Business-Light (BL) which allows for operation of basic retail, office and non-industrial uses. Director Wu continued that the Pembroke Road corridor is zoned Business General (B-G) which allows for some automotive uses.

Director Wu stated that it is cost-effective and in the best interest of the HBCRA to evaluate redevelopment of properties along Foster Road.

The Board of Directors discussed the idea of pursuing land swaps of adjacent properties in order to facilitate the redevelopment of Oreste Blake Johnson Park located at 900 NW 8th Avenue, Hallandale Beach.

After further discussion by the Board of Directors, the following consensus was reached:

Consensus to direct staff:

-To research and provide the Board of Directors the initial cost of theforty-two (42) HBCRA-owned properties.

-To post all HBCRA-owned properties with the HBCRA’s contact informationto facilitate inquiries by interestedparties.

-To itemize the property listing to include the date acquired, cost and the current value of the properties.

-To provide bi-monthly progress reports regarding the status of each of the properties.

1. PRESENTATION OF PROGRESS REPORT (STAFF: HBCRA DIRECTOR/DEPUTY CITY MANAGER)

Daniel Rosemond, Deputy City Manager/HBCRA Director, gave a presentation regarding the status of various activities under the HBCRA Business, Residential, Real Estate and Housing and Miscellaneous Programs. Additionally, Director Rosemond answered questions posed by the Board of Directors.

Chair Cooper questioned how many of the Business Loans have been repaid to the HBCRA in full.

Consensus:

-To direct staff to provide the Board of Directors with a list of all the HBCRA Business Loans that have been repaid.

The Board of Directors discussed the FY13 funding allocation for the Community Partnership Grants and questioned whether or not the remaining funds under the Community Partnership Grants Program was to be utilized for Homeownership Training.

Consensus:

-To direct staff to research and provide the HBCRA Board of Directors with the status of unspent funds which were allocated for Community Partnership Grants during FY 2012-2013.

Answering questions posed by the Board of Directors, HBCRA Attorney Zelkowitz clarified that any unused funds must be disposed of in the following manner:

-Returned to the taxing authorities;

-Utilized to reduce any amount if indebtedness to which the Agency has pledged itstax increments;

-Depositedinto an Escrow Account to reduce debt; and/or

-Appropriatedto a specific redevelopment project that must be completed within three (3) years of the appropriation.

Director Lazarow spoke concerning the Affordable In-fill Housing Project proposed within the Northwest Quadrant of the HBCRA noting that she does not believe the executed Development Agreement with Stuart & Shelby Development is in the best interest of the HBCRA and its residents and needs to be strengthened to include performance measures.

Answering questions posed by Chair Cooper, Director Rosemond reassured the Board of Directors that he will personally manage the project and will oversee its progress to ensure compliance with the Community Benefit Plan and timeliness of the deliverables. Additionally, Director Rosemond advised that an addendum to the Development Agreement has been drafted and forwarded to Stuart & Shelby Development for review.

Consensus:

-To direct staff to provide the Board of Directors with a copy of the Addendum transmitted to Stuart & Shelby amending the executed agreement.

Director Sanders concurred with Director Lazarow noting that it is imperative that local vendors are utilized as much as possible throughout the project. Additionally, Director Sanders noted that these requirements must be included in the Development Agreement.

Chair Cooper noted that although she is in full support of the Community Benefit Plan (CBP), strengthening the requirements of the Community Benefit Planmay prove counter-productive as it might increasethe price of the homes;therefore it may not be feasible to guarantee the use of local vendors in every aspect of the project.

After further discussion by the Board of Directors, the following consensus was reached.

Consensus:

-To direct staff to draft language to strengthen the Community Benefit Plan with Stuart & Shelby Development; and to bring back to the Board of Directors for consideration.

Director Lazarow spoke in opposition of directing staff to negotiate and execute contracts, noting that all contracts must be brought back for discussion and approval by the Board of Directors.

MOTIONBY CHAIR COOPER, SECONDED BY DIRECTOR JULIAN, TO RESCIND THE EXISTING CONTRACT WITH STUART & SHELBY DEVELOPMENT AND TO DIRECT STAFF TO REVISE THE AGREEMENT AND INCLUDE PERFORMANCE MEASURES AND REPORTING REQUIREMENTS; ANDTO BRING BACK THE FULL DEVELOPMENT AGREEMENT FOR APPROVAL AT THE NEXT HBCRA BOARD OF DIRECTORS MEETING.

Vice Chair Lewy noted that it was not necessary to rescind the full Development agreement, but

rather the Board of Directors should direct staff to amend the Community Benefit Plan to

strengthen the language and bring back next meeting for discussion.

After further discussion by the Board of Directors, Chair Cooper called the Question.

MOTIONBY CHAIR COOPER, SECONDED BY DIRECTOR JULIAN, TO RESCIND THE EXISTING CONTRACT WITH STUART & SHELBY DEVELOPMENT AND TO DIRECT STAFF TO REVISE THE AGREEMENT AND INCLUDE PERFORMANCE MEASURES AND REPORTING REQUIREMENTS ; ANDTO BRING BACK THE FULL DEVELOPMENT AGREEMENT FOR APPROVAL AT THE NEXT HBCRA BOARD OF DIRECTORS MEETING. The Motion carried on a 4/1 Voice vote (Director Lazarow voted No).

Answering questions posed by Vice Chair Lewy, HBCRA Attorney Zelkowitz, notedthat the HBCRA Board does not have unilateral authority to rescind theDevelopmentAgreement; however there may beclauses within the agreement which allow fortermination ‘for

convenience’ as well as ‘for cause.’

MOTIONBY VICE CHAIR LEWY, SECONDED BY DIRECTOR LAZAROW, TO RECONSIDER THE PRIOR MOTION. The Motion carried by a 5/0 Voice vote.

MOTIONBY CHAIR COOPER TO DIRECT STAFF TO RENEGOTIATE AND AMEND THE COMMUNITY BENEFIT PLAN PORTION (EXHIBIT D) OF THE DEVELOPMENT AGREEMENT BETWEEN HBCRA AND STUART & SHELBY DEVELOPMENT; AND TO DIRECT STAFF TO BRING BACK THE REVISED COMMUNITY BENEFIT PLAN (EXHIBIT D) FOR CONSIDERATION BY THE BOARD OF DIRECTORS AT THE NEXT MEETING.

Director Sanders Seconded the Motion for discussion.

MOTIONBY CHAIR COOPER, SECONDED BY DIRECTOR SANDERS, TO DIRECT STAFF TO RENEGOTIATE AND AMEND THE COMMUNITY BENEFIT PLAN PORTION (EXHIBIT D) OF THE DEVELOPMENT AGREEMENT BETWEEN HBCRA AND STUART & SHELBY DEVELOPMENT; AND TO DIRECT STAFF TO BRING BACK THE REVISED COMMUNITY BENEFIT PLAN (EXHIBIT D) FOR CONSIDERATION BY THE BOARD OF DIRECTORS AT THE NEXT MEETING. The Motion carried on a 5/0 Voice vote.

1. PUBLIC PARTICIPATION - Items not on the Agenda

Willie McNair, President, DeAngelo Development, spoke concerning a recent letter received from the HBCRA Director requesting the Bond Guarantee for the Project. Mr. McNair indicated that the Dania Beach Development Corporation has presented the ‘Completion Guarantor’ on behalf of the DeAngelo Development, andtherefore, he petitioned the HBCRA Board of Directors to direct staff to executethe Development Agreement with his organization.

HBCRA Attorney Zelkowitz indicated that prior to execution of the agreement, either a bond or completion guaranty warranty is needed.

Answering questions posed by Chair Cooper, Acting Executive Director Rafols requested the HBCRA Board of Directors allow staff the opportunity to work with DeAngelo Development to arrive at an amicable agreement; and staff will bring back the agreement for approval by the Board of Directors when ready.

Consensus:

-To direct staff and the HBCRA Attorney to work with the DeAngelo Development to arrive at a mutually beneficial agreement; and to direct staff bring back the agreement for approval by the Board of Directors.

Answering questions posed by Director Sanders, HBCRA Attorney Zelkowitz advised that when evaluating the merit of a ‘Completion Guaranty’ by a third-party it is necessary to review and consider the relationship between the parties, which must provide a benefit or loss for either of the parties.

Jerry Carter, Executive Director, Dania Beach Development, 210 NW 12th Avenue, Dania Beach, stated that there is an executed Agreement for Consideration and Resolution with DeAngelo Development. Mr. Carter spoke highly of the working relationship between the two companies noting that their projects have a high-rate of success; he further urged the Board of Directors to approve the Completion Guaranty submitted by Dania Beach Development.

Murvin Wright, Chair, Palms Community Action Coalition, 419 NW 10th Street, Hallandale Beach, spoke in support of the implementation of Affordable In-Fill Housing within the City’s Northwest Quadrant and encouraged the Board of Directors to ensure the Community Benefit Plan for the project is implemented.

1. DIRECTOR COMMUNICATIONS - Items not on the Agenda

1. DIRECTOR JULIAN

Director Julian had no Communications.

1. DIRECTOR LAZAROW

Director Lazarow had no Communications.

1. DIRECTOR SANDERS

Director Sanders had no Communications.

1. VICE CHAIR LEWY

Vice Chair Lewy spoke in opposition of utilizing HBCRA funding for design and construction of the proposed “Entrance-Way Sign” at I-95 and Hallandale Beach Boulevard.

Answering questions posed by Vice Chair Lewy, Acting Executive Director Rafols notedthere is an establishedHBCRA budget to fund a portion of the entranceway signage

Vice Chair Lewy noted that he is not in support of expending a significant amount of HBCRA dollars for the construction and installation of the entranceway sign,as he believes that Tax Increment Financing dollars should be used towards Capital projects and community programing.

The Board of Directors discussed possible partnerships with the City’s pari-mutuel facilities within the City/HBCRA in order to advertise onand fund of the entranceway sign.

1. CHAIR COOPER

Chair Cooper spoke concerning the Fair Housing Rule Establishment (FR5173 Affirmative Furthering Fair Housing) and the diversity data available for communities; she suggested staff research and evaluate information for the City of Hallandale Beach and to look at leveraging the data to ascertain the affordability of homes within the community.

1. HBCRA ATTORNEY COMMUNICATIONS

HBCRA Attorney Zelkowitz, briefed the HBCRA Board on the status of Broward County Office of the Inspector General (OIG)request that all nine (9) CRAs within Broward Countyprovide fiscal information and how funds were spent or appropriated. HBCRA Attorney Zelkowitz stated that a meetingwas held on September 20, 2013 with the OIG’s General Counsel to have an open dialogue regarding OIG’s jurisdiction under the Broward County Charter.

Attorney Zelkowitz noted that as a result of the meeting, the OIG has agreed to rescind the letter sent to the nine CRAs requiring the information be provided under the provisions of the Broward County Charter and issue a Public Records Request for informational purposes under Florida Statute 119.

HBCRA Attorney advised that the OIG’s General Counsel did not agree with the request to file a Joint Declaratory Judgment with the Broward County Court to get a determinationregarding the jurisdiction matter.

Answering questions posed by Chair Cooper, Attorney Zelkowitz stated that the Miami-Dade and Palm Beach County OIGs do not have jurisdiction over the CRAs within those counties.

Director Lazarow spoke in opposition of requesting payment to complete thePublic Records Request.

Consensus:

-To direct the HBCRA Attorney to submit a request to the OIG for copies of the documents outlining the legal precedence the OIG is relyingon to formulate the opinion that the Broward County OIG maintains jurisdiction over the CRAs in Broward Countyin conjunction with the other CRAs in Broward County; the information is to include OIGs authority to spend Broward County tax dollars requesting information without an open investigation; and, should there be an open investigation of the nine CRAs, to request a copy of all the information, including emails and correspondence, which led to the initiation of the investigation.

1. EXECUTIVE DIRECTOR COMMUNICATIONS

Acting Executive Director Rafols had no Communications.

1. APPROVAL OF DRAFT MINUTES

1. AUGUST 19, 2013 REGULAR MEETING

MOTIONBY VICE CHAIR LEWY, SECONDED BY DIRECTOR JULIAN, TO APPROVE THE DRAFT MINUTES OF THE AUGUST 19, 2013 REGULAR MEETING. The Motion carried on 5/0 Voice vote.

1. CONSENT AGENDA

Director Lazarow requestedpulling Item #10.C. from the Consent Agenda.

MOTIONBY VICE CHAIR LEWY, SECONDED BY DIRECTOR JULIAN, TO APPROVE ITEMS #10.A. AND #10.B. ON THE CONSENT AGENDA. The Motion carried on a 5/0 Voice vote.

1. A RESOLUTION OF CHAIR AND BOARD OF DIRECTORS OF THE HALLANDALE BEACH COMMUNITY REDEVELOPMENT AGENCY, HALLANDALE BEACH, FLORIDA; AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO AN AGREEMENT WITH MARCUM, LLP IN AN AMOUNT NOT-TO-EXCEED $20,000 TO CONDUCT AN ANNUAL INDEPENDENT FINANCIAL AUDIT OF THE HBCRA AS A SEPARATE ENTITY FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2013; AUTHORIZING THE EXECUTIVE DIRECTOR TO APPROPRIATE FUNDS AS NECESSARY; AND PROVIDING AN EFFECTIVE DATE. (STAFF: HBCRA DIRECTOR/DEPUTY CITY MANAGER) (SEE BACKUP)

1. A RESOLUTION OF CHAIR AND BOARD OF DIRECTORS OF THE HALLANDALE BEACH COMMUNITY REDEVELOPMENT AGENCY, HALLANDALE BEACH, FLORIDA; APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM GRAYROBINSON, P.A. TO PROVIDE LEGAL REPRESENTATION SERVICES TO THE HALLANDALE BEACH COMMUNITY REDEVELOPMENT AGENCY IN AN AMOUNT NOT-TO-EXCEED $75,000 FOR FISCAL YEAR 2013-2014; AND PROVIDING AN EFFECTIVE DATE. (STAFF: HBCRA DIRECTOR/DEPUTY CITY MANAGER & HBCRA ATTORNEY) (SEE BACKUP)

1. A RESOLUTION OF CHAIR AND BOARD OF DIRECTORS OF THE HALLANDALE BEACH COMMUNITY REDEVELOPMENT AGENCY, HALLANDALE BEACH, FLORIDA; AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE TREASURE COAST PLANNING COUNCIL TO PREPARE THE LAND USE REGULATIONS FOR THE U.S. ROUTE 1 AND DIXIE CORRIDOR; AUTHORIZING THE EXECUTIVE DIRECTOR TO APPROPRIATE FUNDS AS NECESSARY; AND PROVIDING AN EFFECTIVE DATE.(STAFF: HBCRA DIRECTOR/DEPUTY CITY MANAGER) (SEE BACKUP)

Director Rosemond provided background information on the project and Treasure Coast Regional Planning Council’s (TRPC) qualifications to complete same. Furthermore, Director Rosemond noted that the anticipated project timeline is twelve (12) months.

Director Lazarow spoke in opposition of approving the Interlocal Agreement noting that the project was not competitively bid and theproposed cost of $250,000was too high.

Answering questions posed by Director Lazarow, Attorney Zelkowitz stated that the HBCRA has the ability to partner with other governmental agencies forcooperative purchasing activities.

At the request of Director Lazarow, Charles Wu, Director of Development Services, provided a summary of the costs for similar projects completed in surrounding municipalities and outlined various development projects proposed within the Hallandale Beach Regional Activity Area (RAC).

Answering questions posed by Vice Chair Lewy, Director Wu noted that building height restrictions is a key component of this exercise and staff will have the ability to ensure continuity along the corridors.

Attorney Zelkowitz noted that it is not uncommon for CRAs to expend Tax Increment Financing fundsfor development of land use regulations; however, the City will be responsible for adopting and implementing the land use regulations.

At the request of the Board of Directors, Director Wu provided an overview of the background and experience of the TRPC noting that they are highly qualified and he would recommend them for the project. Director Wu further noted that the quoted costs by TRPC for the deliverables being requested are well below the standard industry costs.

The Board of Directors discussed the need for an in-depth analysis of the project to include the impacts of the proposed redevelopment projects in the area.

Consensus:

-To direct staff to conduct an analysis of theproposed redevelopment projects in the area and the utilization of the remaining flexibility units; and to bring back for discussion by the Board of Directors at the next meeting.

MOTIONBY DIRECTOR JULIAN, SECONDED BY VICE CHAIR LEWY, TO APPROVE A RESOLUTION OF THE CHAIR AND BOARD OF DIRECTORS OF THE HALLANDALE BEACH COMMUNITY REDEVELOPMENT AGENCY, HALLANDALE BEACH, FLORIDA; AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE TREASURE COAST PLANNING COUNCIL TO PREPARE THE LAND USE REGULATIONS FOR THE U.S. ROUTE 1 AND DIXIE CORRIDOR; AUTHORIZING THE EXECUTIVE DIRECTOR TO APPROPRIATE FUNDS AS NECESSARY; AND PROVIDING AN EFFECTIVE DATE. The Motion carried on a 4/1 Voice vote (Director Lazarow voted No).