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Minutes 3-21-24 Minutes of the Community Redevelopment Agency Board Meeting Held on Thursday, March 21, 2024 at 6:00 PM City Hall Chambers, 100 E. Ocean Avenue and Online Present: Chair Ty Penserga Tim Tack, Acting Executive Director Vice Chair Thomas Turkin Kathryn Rossmell, Board Counsel Board Member Angela Cruz Tammy Stanzione, Deputy City Clerk Board Member Woodrow Hay Board Member Aimee Kelley 1. Call to Order Chair Penserga called the meeting to order at 6:03 P.M. 2. Invocation The Invocation was given by Board Member Hay. 3. Pledge of Allegiance The pledge of Allegiance was led by Vice Chair Turkin. 4. Roll Call Ms. Tammy Stanzione, Deputy City Clerk called the roll. A quorum was present. 5. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda Chair Penserga asked the Board which items they want to hear from Section 16 CRA Projects in Progress, there was a consensus to hear Agenda Item 16C. Chair Penserga also inquired about Section 8 Information Only, there was a consensus not to hear Section 8. Motion: Board Member Kelley moved to approve the agenda, as amended. Board Member Hay seconded the motion. The motion passed unanimously. 6. Legal - None Meeting Minutes CRA Board Meeting Boynton Beach, FL March 21 , 2024 7. Informational Items and Disclosures by Board Members and CRA Staff A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda Chair Penserga, Vice Chair Turkin and Board Members disclosed that they individually spoke with Christina Romelus regarding Agenda Items 11J and 11K. 8. Information Only A. Semi-Annual Progress Report for the Development Agreement with Wells Landing Apartments, LLC d/b/a Heart of Boynton Shops B. Semi-Annual Progress Report for the Purchase and Development Agreement with Wells Landing Apartments, LLC d/b/a Heart of Boynton Village Apartments C. Annual Progress Report for the TIRFA Agreement with Wells Landing Apartments, LLC d/b/a Heart of Boynton Village Apartments and Shops D. Quarterly Progress Report from BB QOZ, LLC for the 115 N. Federal Highway Mixed-Use Project (aka The Pierce) 9. Announcements and Awards A. Boynton Beach Spring Market Announcement Mercedes Coppin, Business Development and Promotions Manager, announced that the Boynton Beach Spring Market will be held on March 23rd from 4 P.M. to 9 P.M. at the Centennial Park and Amphitheater. She also announced that there would be a ribbon cutting at 6 P.M. for the new Circuit Rideshare Program. 10. Public Comments The public comment section of the meeting is for public comment on items on the consent agenda or items that are not on the agenda. For items on the agenda, the public will be given an opportunity to comment at the time each item is considered. Each speaker will be given a total of three (3) minutes to comment; however, the Board retains the right to reduce the number of minutes prior to the start of public comment. Persons making public comment may not assign or donate their public comment time to another individual to allow that other individual additional time to comment; however, any persons requiring assistance will be accommodated as required by the Americans with Disabilities Act. Prior to addressing the 2 Meeting Minutes CRA Board Meeting Boynton Beach, FL March 21, 2024 Board, please go to the podium or unmute your device when prompted, and state your name and address for the record. Chair Penserga opened Public Comments. No one came forth to speak. Chair Penserga closed Public Comments. 11. Consent Agenda A. CRA Financial Report Period Ending February 29, 2024 B. Approval of the CRA Board Meeting Minutes for February 13, 2024 C. Approval of the First Amendment to the Interlocal Agreement between the Boynton Beach CRA and Palm Beach County for Economic Impact Analysis D. Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $17,500.20 to NYPD Pizza at Casa Costa LLC located in Casa Costa at 400 N. Federal Highway, Unit 9 E. Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $19,200 to Dalo Restaurant LLC located at 1017 N. Federal Highway F. Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $21,000 to Gandhi Health & Wellness LLC located in Riverwalk Plaza at 630 E. Woolbright Road, Suite B & C G. Approval of the Commercial Property Improvement Grant Program in the Amount of $35,000 to Gandhi Health & Wellness LLC located in Riverwalk Plaza at 630 E. Woolbright Road, Suite B & C H. Approval of the Commercial Property Improvement Grant Program in the Amount of $43,383 to Safai LLC d/b/a Safai located in Casa Costa at 470 N. Federal Highway, Unit 3 I. Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $13,850 to Safai LLC d/b/a Safai located in Casa Costa at 470 N. Federal Highway, Unit 3 J. Approval of the Commercial Property Improvement Grant Program in the Amount of $26,200 to PolitiCALM LLC located in Heart of Boynton Shops at 139 NE 10th Avenue, Unit 106 K. Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $11 ,550 to PolitiCALM LLC located in Heart of Boynton Shops at 139 NE 10th Avenue, Unit 106 12. Pulled Consent Agenda Items 3 Meeting Minutes CRA Board Meeting Boynton Beach, FL March 21, 2024 J. Approval of the Commercial Property Improvement Grant Program in the Amount of $26,200 to PolitiCALM LLC located in Heart of Boynton Shops at 139 NE 10th Avenue, Unit 106 K. Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $11,550 to PolitiCALM LLC located in Heart of Boynton Shops at 139 NE 10th Avenue, Unit 106 Vice Chair Turkin stated that he would like to table Items 11J and 11K, he noted that he has questions regarding these Items that are not appropriate to be discussed on the dais. He also commented that he has spoken to Ms. Rossmell and she recommended tabling these items. Chair Penserga noted that he also spoke with Ms. Rossmell and that she suggested that this Item does need further conversation. Board Member Hay stated that he does not understand why these Items need to be tabled. He said that he trusts that Staff did their homework before adding these Items to Consent Agenda. He commented that he does not see the need to table this item, it is a small grant for a small business and he hopes that this is not a political move. Kathryn Rossmell, Board Counsel, stated that there are outstanding questions regarding what constitutes a tier two business and what would be the proper considerations. She commented that there is a Board Member who would like more of an explanation of how that is done. She noted that the Board in the past has not funded grants for entities that are not among the listed tier two businesses and the board has also chosen to fund grants for businesses that are not among the tier two businesses. She stated that the request is just to have the opportunity to understand what the criteria for tier two businesses. Board Member Hay commented that he does not like to be blindsided. He noted that he had his agenda review to ask his questions and that every Board Member should have asked their questions that they do not understand at their agenda review. He stated that going forward he is going to have the viewpoint that items on the agenda are not thoroughly reviewed. Ms. Rossmell stated that a consent agenda item is nonremarkable in the ordinary course of business and that putting an item on Consent Agenda is not a delegation of your authority to staff to decide on any individual item. She noted that any Board Member is entitled to pull any item off of Consent Agenda with the agreement of the other Board Members through ordinary vote. Board Member Hay inquired if there is any time sensitivity regarding this Item. 4 Meeting Minutes CRA Board Meeting Boynton Beach, FL March 21, 2024 Ms. Rossmell responded that from a legal perspective there is no time sensitivity and imagines that the applicant would want an answer as soon the Board is willing to give one. Christina Romelus, applicant, stated that there is time sensitivity to this Item. She commented that her application has been submitted to permitting and that delaying the approval delays the build out of the unit. She noted that she would appreciate having this item approved this evening. Board Member Hay stated that the Board should move ahead with the Item since it is time sensitive. Ms. Romelus commented that the developer has stated that from the time of CO is issued there 120 days will be given to all tenants and after the 120 days the tenants will have to pay rent. She stated if she is not approved she would be force to start paying rent on a unit that is not built out. Vice Chair Turkin comment that he does not appreciate being singled out and he does not appreciate that staff was thrown under the bus due to his concerns. He stated that he trusts Board Counsel and that if she recommends that this Item be tabled because other Board Members including himself have questions. He noted that it is his job to make decisions on knowledge and to make the right decisions. Board Member Cruz inquired if this Item is violation of the City Ordinance that states no previous Board Member is to allow to lobby the same body for three years. Ms. Rossmell responded that there is a three-year band on lobbying before this Board, however, lobbying is understood to be on behalf of a third party. She commented that the applicant is before you in her individual capacity for a business that she owns. She noted that under current policy the applicant is permitted to come to the Board on the same standing as everyone else in the City. Board Member Cruz stated that was her only concern and that she has not seen in the past any applicant being scrutinized and being declined. Ms. Rossmell commented that grants have been declined in the past for failure to be among the listed categories of approved businesses. Board Member Kelley stated that she had an agenda review and that she has spoken to staff and the CRA Attorney and she still has questions that she has the right to have answered. She stated that she would like to table this Item so that her questions could be answered because at the end of the day the money that is used for these Grant programs are resident's funds and she said that she wants to be sure it is being done right. 5 Meeting Minutes CRA Board Meeting Boynton Beach, FL March 21 , 2024 Chair Penserga stated that he had his agenda review as well and at that time he asked the Acting Executive Director if there were any ethical conflicts and concerns, there were none. He noted that he was stunned that there were still questions, questions that cannot be addressed at this time. He commented that he has no intention of targeting any business especially since no flags have occurred. He inquired if the delay would put a financial constraint on the applicant. Mr. Tack replied that the CRA would work the tenant and the developer to accommodate minimal impact. He noted that the next CRA meeting is April 9th which is a quick turnaround, which is opposed to the normal length of time between meetings. Chair Penserga asked if there was a protective mechanism to be sure the applicant is not negatively impacted. Ms. Rossmell responded that she can not speak to the applicant's financial situation. She commented that she does not believe there is a universal solution and that the grant is discretionary and it is clear that there is no guaranteed funding. She noted that anytime a Board Member has outstanding questions and that she can not evaluate or answer in the time frame given tabling is the default position. Chair Penserga commented that this could have a simple and straight forward solution. He stated that if there is an assurance that we are not negatively impacting a particular business because of our questions, then it is a win win. Board Member Cruz remarked that it is not unreasonable to table to April 9th Board Member Hay inquired if he would learn what these questions are at the next meeting. Ms. Rossmell replied that under Sunshine Law she is not permitted to discuss another Board Member's questions. She noted that if the Board Member would like to present their understandings at the next meeting they could. Board Member Hay stated that he has the right to know what the issues are and why they are going down this road. Ms. Rossmell stated that she could provide a legal memorandum and be sure that the Board gets that information. Motion: Vice Chair Turkin moved to table Items 11J and 11K until the April 9th CRA meeting. Board Member Kelley seconded the motion. The motion passed 4-1 , (Board Member Hay dissenting). 6 Meeting Minutes CRA Board Meeting Boynton Beach, FL March 21 , 2024 Motion: Board Member Kelley moved to approve the remainder of the Consent Agenda. Board Member Hay seconded the motion. The motion passed unanimously. 13. CRA Advisory Board A. Pending Assignments - New Assignments from the CRA Board Assigned at the February 13, 2024 CRA Monthly Board Meeting B. Reports on Pending Assignments Vice Chair inquired what can be done with the property located at 1320 S. Federal Highway. Mr. Tack replied that the CRA Advisory Board will identify if this property meets the goals and objectives of the CRA and worth acquiring. 14. Old Business A. Discussion and Consideration of the Third Amendment to the Purchase & Development Agreement between the CRA and Centennial Management Corporation/Wells Landing Apartments, LLC for the Heart of Boynton Village Apartments Mr. Tack gave an overview of the Third Amendment to the Purchase & Development Agreement with Centennial Management Corporation/Wells Landing Apartments, LLC for the Heart of Boynton Village Apartments. Board Member Hay inquired if the road is going to remain under construction until 2025. Mr. Tack replied that road work is typically the last thing to be completed on a project, but it should be completed prior to the end of 2025. Chair Penserga opened Public Comments. No one came forward. Chair Penserga closed Public Comments. Motion: Vice Chair Turkin moved to approve the Third Amendment to the Purchase & Development Agreement between the CRA and Centennial Management Corp./Wells Meeting Minutes CRA Board Meeting Boynton Beach, FL March 21 , 2024 Landing Apartments, LLC for the Heart of Boynton Village Apartments subject to final legal review. Board Member Hay second the motion. The motion passed unanimously. B. Discussion and Consideration of a First Amendment to the Tax Increment Revenue Finance Agreement between the CRA and Centennial Management Corp./Wells Landing Apartments, LLC for The Heart of Boynton Village Apartments Mr. Tack gave an overview of the First Amendment to the Tax Increment Revenue Finance Agreement between the CRA and Centennial Management Corp./Wells Landing Apartments, LLC for The Heart of Boynton Village Apartments Chair Penserga opened Public Comments. No one came forward. Chair Penserga closed Public Comments. Motion: Board Member Hay moved to approve the First Amendment to the Tax Increment Revenue Finance Agreement between the CRA and Centennial Management Corp./Wells Landing Apartments, LLC for The Heart of Boynton Village Apartments pending final legal review. Vice Chair Turkin seconded the motion. The motion passed unanimously. C. Consideration of Candidates for Selection of New Executive Director Board Member Cruz stated that she did interview with all three candidates, they all had positive qualities and diverse experience. She noted that there was one applicant that stood out who had CRA experience within Palm Beach County, however she is not 100 percent sure she still has questions that revolve around salary expectations. She suggested the possibility to opening it up to a wider search. Vice Chair Turkin stated that he also interviewed the three candidates. He noted that they were all amazing and super experienced in their career. He stated that Joan Oliva stood out with 17 years of CRA experience and was able to obtain $46 million dollars in grant money was a huge factor. He commented that he would like move forward with Ms. Oliva, she brings knowledge and experience that can benefit the City of Boynton Beach. Board Member Hay commented that he to had the opportunity to interview all three candidates and Joan Oliva was his number one. He stated that his only concern would be is the salary, he does not want an Executive Director of the CRA making more money then the City Manager. He noted that she is will not work for any less he is for opening 8 Meeting Minutes CRA Board Meeting Boynton Beach, FL March 21, 2024 the process up again. He noted that he could go with Ms. Nicolas if the salary was a show stopper. Board Member Kelley commented that she had the opportunity to interview all three candidates. She noted that she has similar concerns with the contract but that will be worked out between the candidate and Staff. She stated that Ms. Oliva stood out because of her experience and understanding of TIF. Chair Penserga stated that he shares the sentiments with the majority of the Board. Ms. Oliva stood out from the three and she will be his top nominee. He noted that salary was not a topic discussed with her he believes that should be addressed by Legal to negotiate. Board Member Hay inquired about what the salary range was. Mr. Tack replied that the range was $140 thousand is the minimum and $210 thousand is the maximum. Board Member Hay asked how much of a percentage are we willing to go beyond the budgeted limit. Ms. Rossmell replied that the budget is controlled by the Board and if they wish to make deviation it is in their power to reorganize the budget. She commented that the Board can give her direction on the salary range or the Board can leave it in staff's hands and come back to the Board with a number. Board Member Hay inquired if each Board Member can give a number they are willing to go. Ms. Rossmell responded that she is not permitted to poll each Board Member individually and act on that outside of the Board. Vice Chair Turkin commented that is one question he did not ask the candidates. He said that if they want to come here they will come because it is a good opportunity. He stated that compensation can always be negotiated. He noted that the City has one of the lowest paid City Managers in the County. He commented that to give a little to get a lot and to let an experience candidate walk away over 10 to 20 thousand dollars. He stated that he is okay with the Chair being part of the negation. Chair Penserga stated that there was a consensus to select Joan Oliva and having the Mayor be part of the negotiation. Ms. Rossmell noted that if the Chair is part of the negotiation there maybe additional Sunshine requirements that come into play when the Chair as an individual is acting on behalf of the Board. 9 Meeting Minutes CRA Board Meeting Boynton Beach, FL March 21 , 2024 Chair Penserga opened Public Comments. Mark Karageorge stated that Ms. Oliva is qualified and she knew what the job paid when she applied. He commented that he has a problem with overpaying the Board approved a budget stick to it. He noted that Joan is making a step up, Boynton Beach has more TIF money then Lake Worth will ever have. Chair Penserga closed Public Comments. Motion: Board member Kelley moved to approve selecting Joan Oliva as the primary candidate and to direct the Chair and legal counsel to enter into negotiations and bring back an Executive Director Employment Agreement for review at the next available CRA Board meeting for approval. Board Member Hay seconded the motion. The motion passed unanimously. 15. New Business A. Discussion and Consideration of a Gateway Entrance Feature on the CRA owned property located at 1101 N. Federal Highway Mr. Tack gave an overview of a Gateway Entrance Feature on the CRA owned property located at 1101 N. Federal Highway. Board Member Hay inquired if the Unity Board has finalized the mural that will go on the wall. Mr. Tack replied that the final decision will go before the City Commission either April 2nd or April 16th, he did not know the exact date. Board Member Hay commented that it would make sense to put the mural depicting MLK on MLK Boulevard. Mr. Tack stated that the City Commission will be making the decision on what mural is going to go where. Ms. Rossmell commented that the Board is getting into City business and she prefers that the Board does not discuss the City side of the decision-making process. 10 Meeting Minutes CRA Board Meeting Boynton Beach, FL March 21, 2024 Board Member Kelley stated that is a great opportunity to activate that corner and that she supports staff in wanting direction on what to do on that corner. She noted that she did like the idea of a seating area and that there is a location in the City there is a painted art bench which is art and functional. Mr. Tack stated that he not familiar with this bench and asked where is it located. Board Member Kelley replied that the bench is located at Congress and Boynton Beach Boulevard. Mr. Tack stated he take a look at the bench and see if it can be incorporated. He commented that he did not extenuate that in addition to the lighting there will be power so the area can be decorated during the holiday festivities. Chair Penserga noted that he fully supports this and direct staff to hire who they need to put together a conceptual plan and then decide on what should be done. Board Member Hay commented that he concurs with Chair Penserga. He noted that benches have been removed from areas in the City because it presented a problem. B. Discussion and Consideration of Purchase of 1022 North Federal Highway Mr. Tack provided an overview of the Purchase of 1022 North Federal Highway. Board Member Kelley noted that it was a great opportunity and that she supports the purchase. Board Member Hay commented that he agreed with Board Member Kelley. He stated that he is looking down the road to make this intersection equal to or even great then the intersection at Ocean and Federal. Chair Penserga opened Public Comments. Mark Karageorge stated the owner has been trying to sell the property for over a year and a half. He commented that the Board should pay appraised value and nothing more. He noted that it is a great acquisition it makes sense and the Board has control was it is acquired. No one came forward. Chair Penserga closed Public Comments. 11 Meeting Minutes CRA Board Meeting Boynton Beach, FL March 21, 2024 Motion: Board Member Hay moved to approve the purchase of 1022 N. Federal Highway in the amount of $1 ,000,000.00 and authorize the CRA Chair to sign the Purchase and Sale Agreement as presented. Board Member Cruz second the motion. The motion passed unanimously. 16. CRA Projects in Progress A. Social Media & Print Marketing Update B. CRA Economic & Business Development Grant Program Update C. MLK Jr. Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) Update - March 2024 Items 16A and 16B were not heard. Mr. Tack gave an update on the MLK Jr. Boulevard Corridor Mixed Use Project. Board Member Hay stated he would like to hear more about the commercial aspect of the property. Bonnie Nicklien, Grants and Project Manager, stated that the commercial is moving along. She noted that permits have been submitted for Units 102, 105, 106, 107 and 108. She commented that permits have approved for Units 102 and 108 and they are ready to build out. Board Member Hay reminded everyone that this project won the State Presidential award and that they should be proud of the accomplishment. Chair Penserga stated that he would like to see night pictures of the project to view the lighting and the sense of security. 16. Future Agenda Items A. Boynton Beach CRA FY 2022-2023 Financial & Annual Report - April 2024 B. Discussion and Consideration of Request of Developer for TIF Funding for the Ocean One Project - April 2024 12 Meeting Minutes CRA Board Meeting Boynton Beach, FL March 21, 2024 17. Adjournment There being no further business to discuss, the meeting was adjourned at 7:30 P.M. ( scis 72,5‘912..Q_ Tammy Sta 'lone, M Deputy City Clerk 13