Minutes 12-10-24 Minutes of the Community Redevelopment Agency Board Meeting
Held on Tuesday, December 10, 2024, at 6:00 PM
City Hall Chambers, 100 E. Ocean Avenue and Online
Present:
Chair Ty Penserga Tim Tack, Acting Executive Director
Board Member Woodrow Hay Janice Rustin, Board Counsel
Board Member Thomas Turkin Tammy Stanzione, Deputy City Clerk
Board Member Angela Cruz
Absent:
Vice Chair Aimee Kelley
1. Call to Order
Chair Penserga called the meeting to order at 6:01 P.M.
2. Invocation
The Invocation was given by Board Member Hay.
3. Pledge of Allegiance
Board Member Cruz led the Pledge of Allegiance to the Flag.
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
Chair Penserga stated that Staff requested and addition to 14C. MLK Jr. Boulevard Corridor
Mixed Use Project Update, the Heart of Boynton Shops. Chair Penserga commented that staff
requested to have the Third Amendment to the Pulte Purchase Development Agreement added
to the agenda as 11F.
Chair Penserga asked the Board which items they wanted to hear from Section 16, CRA Projects
in Progress. There was none.
Board Member Turkin requested a discussion on how the CRA can help facilitate the City with
the relocation of the Andrew's House. He stated that a joint meeting with City in January would
be helpful and productive to have City and CRA Staff meet.
Chair Penserga recommended that City and CRA Staff work together first and if they should
necessitate to have a joint meeting then it should be done.
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Boynton Beach, FL December 10, 2024
Tim Tack, Acting Executive Director, stated that the CRA has had discussions with the City yet
nothing substantial came out of the discussions. Mr. Tack inquired when the joint meeting would
be held.
Board Member Turkin commented that there should be discussion at a CRA meeting to get a
consensus on what the Board wants to do with the Andrew's House.
Mr. Tack clarified that the discussion would be brought to the CRA as a new discussion in January.
Board Member Turkin noted that he received several telephone calls from local business owners
regarding Rock the Block. He asked that the next event meeting that Staff incorporates the local
businesses that would be impacted by the event.
B. Adoption of Agenda
Motion:
Board Member Hay moved to approve the Agenda as amended. Board Member Cruz seconded
the motion. The motion passed unanimously.
6. Legal
A. Continued Discussion and Consideration of Procedure Regarding Special and
Emergency CRA Board Meetings
Janice Rustin, Board Counsel, stated that the Procedure regarding Special and Emergency CRA
Board Meetings has been revised and that the Board would need to approve the revisions.
Motion:
Board Member Turkin moved to approve the revisions to the procedure regarding Special and
Emergency CRA Board Meetings. Board Member Hay seconded the motion. The motion
passed unanimously.
B. Continued Discussion and Consideration of Temporary Use Agreement with OHLA
USA, Inc. for the Use of CRA Properties as a Construction Staging Area for the
Boynton Beach Complete Street Project
Mr. Tack noted that at the November 21, 2024 Board meeting, OHLA requested relief from the
CRA Board from the requirement to install Perimeter Fencing with screening. The Board also
discussed OHLA's unauthorized removal of fill from the site. The Board determined that OHLA
would have 14 days to come into compliance; otherwise, a notice of default can be issued. As of
the date of this agenda publication, OHLA has not installed the required fence and not provided
the replacement fill. However, they sent an email to notify CRA staff that their subcontractor would
install the temporary fence on December 10, 2024.
Board Member Cruz inquired about how long would it take to install the temporary fencing.
Mr. Tack responded that based upon OHLA estimate it would be two days.
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Board Member Cruz stated that her position is to move forward with the sending a default letter
to OHLA. She commented that there has been verbal communication with OHLA and that it they
are not taking it seriously.
Chair Penserga asked how many days would OHLA have to cure the default.
Ms. Rustin replied that OHLA would have seven days to cure the default. She also noted that if
OHLA is not able to cure default in seven days the Agreement would be terminated.
Mr. Tack added that OHLA would have to vacate the property and restore the site to its pre-
existing condition.
Board Member Cruz inquired if it would be reasonable to give OHLA 14 days to cure.
Mr. Tack responded that the Board can give Staff the date of default.
Ms. Rustin recommended that the Board give them another notice. She stated that once a Letter
of Default is issued per the Agreement they have seven days to cure the default. She noted that
the Board can give a date on when to issue the letter of default.
Mr. Tack commented that the email from OHLA stated that the fence would be installed and
completed by December 18th
Board Member Hay asked when would the Letter of Default would go into effect.
Ms. Rustin replied that the Letter of Default has been drafted and is ready to be sent. She
continued that the letter would be sent in the morning via email and the clock would start ticking
tomorrow morning.
Ms. Rustin noted that the CRA would have to have a public hearing on this matter.
Motion:
Board Member Board Member Cruz moved to authorize CRA ActingExecutive Director and
Legal to send notice of default to OHLA USA, Inc. and pursue contract compliance up to and
including termination and eviction as of on December 13, 2024 to be effective on December 20,
2024. Board Member Hay second the motion. The motion passed unanimously.
Chair Penserga opened public comment. No one came forth to speak and no virtual comment.
Chair Penserga closed public comment.
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
8. Information Only
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A. 2024 International Economic Development Announcement for the Bronze Award for
Economic Development Organization of the Year
9. Announcements and Awards
A. 2024 Holiday Boat Parade Announcement
Mercedes Coppin, Business Development and Promotions Manager, announced that the 52nd
Annual Boynton Beach Holiday Boat Parade will be held on Friday, December 13, 2024 starting
at 6:30 P.M. She noted that there are 42 boaters who already registered. She stated that a mini
vendor market has been added to the event.
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 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 comment.
Tom Warnke, Archive Coordinator, Delray Beach Historical Society, spoke on moving the historic
Andrews House.
Abraham Burgess, Men of Vision and Purpose, discussed the reading issues at Poinciana. He
stated that he would like help in transporting Boynton Beach High School students to Poinciana
to volunteer with the reading program.
Board Member Hay suggested working with the City regarding the transportation of nine Seniors
from Boynton Beach High School student to Poinciana Elementary.
Board Member Cruz recommended that Board Member Hay should reach out to the City to have
Community Support Funds allocated for this purpose. She stated that a nonprofit called 211
does provide transportation services.
Chair Penserga closed public comment.
11. Consent Agenda
A. CRA Financial Report Period Ending November 30, 2024
B. Approval of the Purchase and Sale Agreement for 225 NE 9th Avenue
C. Approval of Execution of Showing Agreement for 419 N. Seacrest Boulevard
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D. Approval of the Commercial Rent Reimbursement Grant Program in the Amount of
$21,000 to Loveli Tea LLC located at 306 E. Boynton Beach Boulevard
E. Approval of the Commercial Property Improvement Grant Program in the Amount of
$35,000 to Loveli Tea LLC located at 306 E. Boynton Beach Boulevard
Motion:
Board Member Turkin moved to approve the Consent Agenda. Board Member Hay seconded
the motion. The motion passed unanimously.
12. Pulled Consent Agenda Items - None
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
Mr. Tack reported that the board met on December and completed its review of the CRA plan,
including each district and the plan overall. They will meet again in December to formalize their
report, which will be presented in January.
14. Old Business
A. Continued Discussion and Consideration of the Purchase of 323 E. Martin
Luther King, Jr. Blvd.
Theresa Utterback, Development Services Manager, stated that this item was brought before
the Board in November and that the Board directed Staff to speak with the property owner about
delivering the property tenant free. She noted that Staff has spoken with the owner and he can
deliver the property tenant free. She commented that the tenants are not being displaced they
are being moved to another rental.
Board Member Turkin left the dais at 6:27 p.m.
Board Member Turkin returned to the dais at 6:32 p.m.
Chair Penserga opened public comment. No one came forth to speak and no virtual comment.
Chair Penserga closed public comment.
Motion:
Board Member Hay moved to approve the purchase of the property located at 323 E. Martin
Luther King, Jr. Boulevard in the amount of$450,000 and approve the execution of the Purchase
and Sale Agreement by the Board Chair. Board Member Cruz seconded the motion. The motion
passed unanimously.
B. Discussion and Consideration of Circuit Transit Inc.'s Contract for On-Demand
Transportation Services
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Mr. Tack stated that program is approaching the end of its first year of service on March 5, 2025,
and that it is time for the Board to consider their options to continue the rideshare program. He
noted that the agreement allows for three one-year periods.
Jason Bagley, Circuit, commented that there is bandwidth to expand into new areas. He noted
that about a month ago the area was expanded further south. He commented that this is the first
peak season for Circuit here in the City and it is important to watch and see how the ridership is
affected January through March. He stated that Circuit is working with Bethesda Hospital and Tri-
Rail to expand service through them.
There was a consensus to extend the Agreement for a year.
Chair Penserga requested a separate discussion on the potential of expansion with Bethesda
Hospital and Tri-Rail.
Board Member Hay inquired about the ridership in District 2.
Mr. Tack responded that the second quarter showed more activity in District 2 yet it does have
room for improvement. He stated that the longer this service is available you will see more people
using it.
Board Member Hay inquired if there was high risk in picking up students from a Boynton Beach
high school and dropping them off at Poinciana Elementary school.
Mr. Tack replied that the CRA can look into this with the City. He noted that CRA would have to
fund a portion. He commented that there may be other services outside of Circuit that is would be
available.
Board Member Turkin noted that he is curious to see what the in season will bring to the Circuit
Service. He inquired who he can contact when there is a bug in the Circuit App.
Mr. Bagley replied that there are connections through the App that an issue can be reported.
There was a consensus to renew the Agreement with Circuit.
Mr. Tack noted that there is still room for Circuit to grow within the CRA district. He said that the
route would be North on Federal Highway up to Harvey Oyer Park area.
Mr. Bagley stated that it is a good time to try to expand the service and that it can be done with the
current fleet.
Board Member Turkin stated that he would like to see the Service expanded East of 195. He stated
that he believes the Circuit Service be utilized.
C. MLK Jr. Boulevard Corridor Mixed Use Project Update (d/b/a Heart of Boynton
Shops)
Mr. Tack gave a brief update of the delays and concerns of the MLK Jr. Boulevard Corridor
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Boynton Beach, FL December 10, 2024
Mixed Use Project.
Chair Penserga open Public Comments
Jude Vaillant, CEO of Potiwa Pizza Restaurant, stated that the delays in the project has cost
him investors. He commented that he now has to find another way to build the restaurant
himself. He inquired about how the CRA Board was going to help rectify this issue.
Sylvia Gillion, Gillion Realty, stated that she is in Unit 107. She commented that she was very
upset after last meeting. She thanked the CRA Board for taking action at the last meeting. She
commented that she hopes that this project is going to move forward.
No one else came forward, Chair Penserga closed Public Comments
Board Member Hay noted that he is highly disappointed in this phase of the project. He
inquired if there was any assurance that Centennial will continue to move forward.
Mr. Tack responded that the CRA has had many meetings with Centennial they are working to
get this completed. He stated that Centennial promised that they are going to work with the
tenants to get the project completed.
Board Member Hay noted that the small business people are losing money and have no
income from their businesses.
D. Continued Discussion and Consideration of Search for the New Executive Director
- TABLED 11/21/2024 UNTIL 12/10/2024
15. New Business
A. Discussion and Consideration of Executive Recruitment Firms for Executive
Director Candidates - TABLED 11/21/2024 UNTIL 12/10/2024
There was a consensus to leave Items 14D and 15A tabled.
B. Discussion and Consideration of Issuing an RFQ for Design Services for
the Boynton Harbor Marina Seawall
Mr. Tack stated that the CRA has secured Federal funding of $1.3 million and they are looking
to precure the design services as wall as the construction administration services from a design
consultant.
Board Member Turkin inquired if this project could be done in phases. He noted that his concern
is for the businesses at the Marinna.
Mr. Tack responded that the CRA will be looking at the phasing of the construction to minimize
the impact to the businesses.
Chair Penserga opened public comment. No one came forth to speak and no virtual comment.
Chair Penserga closed public comment.
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Boynton Beach, FL December 10, 2024
Motion:
Board Member Cruz moved to authorize the Acting Executive Director to issue the RFQ for
Design Services consistent with Federal Requirements and bring back the firm rankings for
Board consideration prior to negotiation. Board Member Hay seconded the motion. The motion
passed unanimously.
16. CRA Projects in Progress
A. Rock the Block Recap
B. Social Media & Print Marketing Update
C. CRA Economic & Business Development Grant Program Update
17. Future Agenda Items
18. Adjournment
There being no further business to discuss, the meeting was adjourned at 6:59 P.M.
Tammy Sta ione, CMC._
Deputy City Clerk
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Minutes of the Community Redevelopment Agency Board Meeting
Held on Tuesday, November 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 Aimee Kelley Kathryn Rossmell, Board Counsel
Board Member Woodrow Hay (virtual) Tammy Stanzione, Deputy City Clerk
Board Member Thomas Turkin
Board Member Angela Cruz
1. Call to Order
Chair Penserga called the meeting to order at 6:01 P.M.
2. Invocation
The Invocation was given by Board Member Hay.
3. Pledge of Allegiance
Board Member Cruz led the Pledge of Allegiance to the Flag.
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
Chair Penserga stated that staff requested Item 14D be moved after Item 14G.
Chair Penserga asked the Board which items they wanted to hear from Section 16, CRA
Projects in Progress. There was none.
B. Adoption of Agenda
Motion:
Board Member Cruz moved to approve the Agenda as amended. Vice Chair Kelley
seconded the motion. The motion passed unanimously.
6. Legal
A. Discussion and Consideration of Procedure Regarding Special and
Emergency CRA Board Meetings
Following a recent meeting cancellation due to a hurricane, Ms. Rossmell suggested
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Boynton Beach, FL November 21, 2024
implementing a policy allowing the board chair or, in some cases, the executive director
(with board consent) to call special or emergency meetings and establish notification
procedures. The board may treat this as a discussion item or choose not to act. She
offered to provide further details if needed.
In response to Board Member Hay's inquiry about notice, Ms. Rossmell stated that
special meetings require seven days' notice, while emergency meetings require notice
as soon as practicable using the most effective methods. Both meeting types mandate
notification, but the standards vary.
Board Member Cruz stressed that emergency meetings should be reserved only for
extreme situations, such as hurricanes, and not for routine or random reasons.
Ms. Rossmell stated she would clarify what constitutes an emergency for the purposes
of this policy and bring the revised version back for review next month.
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
Board Member Cruz disclosed she received communication with Ms. Bonnie Miskel
regarding Item 14B and also met with staff and the applicant in the past.
Vice Chair Kelley disclosed that she had communication with representatives regarding
Item 14B.
Chair Penserga disclosed that he spoke to Ms. Bonnie Miskel regarding Item 14B.
Board Member Hay had no disclosures.
Board Member Turkin disclosed that he spoke to Ms. Bonnie Miskel and the applicant
regarding Item 14B.
8. Information Only
A. Quarterly Progress Report from BB QOZ, LLC for the 115 N. Federal
Highway Mixed-Use Project (aka The Pierce)
B. Quarterly Progress Report #6 from Pulte Home Company, LLC for the
Cottage District Infill Housing Redevelopment Project - July 2024 -
September 2024
C. Summary of Boynton Beach Community Redevelopment Agency's
Programs, Initiatives and Accomplishments for Fiscal Year 2023-2024
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Boynton Beach, FL November 21, 2024
There were no requests from the Board to hear any items.
9. Announcements and Awards
A. 2024 International Economic Development Announcement for the Bronze
Award for Economic Development Organization of the Year
Ms. Bonnie Nicklien, Grants and Project Manager, announced the 2024 International
Economic Development Announcement for the Bronze Award for Economic
Development Organization of the Year. She noted there were over 500 entries and
highlighted programs and initiatives which were considered.
B. Rock the Block Announcement
Ms. Mercedes Coppin, Business Development Promotions Manager, announced that
Rock the Block would be held on December 7 in conjunction with the Boynton Beach
Holiday Parade.
C. 2024 Snapshots with Santa Announcement
Ms. Mercedes Coppin, Business Development Promotions Manager, announced that
the 2024 Snapshots with Santa would be held the December 5, 12, and 19 at three
different locations. She shared a promotional video for Snapshots with Santa campaign.
Ms. Coppin also noted the One Boynton location would also include a ribbon cutting for
Kabuki.
10. Public Comments
Chair Penserga opened public comment. No virtual comments.
Mr. Francisco Rojo, a six-story, 90-unit elderly housing project at Federal and Fifth
Avenue, with ground-floor commercial space. Preliminary plans were submitted to
Amanda's office to support funding applications. He emphasized the need for city and
CRA support to secure funding from Palm Beach County's $200 million bond, with RFPs
expected early next year. He requested the board's consideration to direct staff to meet
with him to develop a competitive funding application.
Mr. Eric [no last name provided] expressed concern about trash on streets, highways,
and near his home in Boynton Beach. He suggested introducing a littering fine to reduce
the issue and emphasized the importance of community action, using his First
Amendment right to propose the idea publicly.
Mr. Jude Vaillant, restaurant owner and a future tenant in the Heart of Boynton Shops
Project, raised concerns about construction delays. He asked the Board what actions are
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Boynton Beach, FL November 21, 2024
being taken to hold RS Construction accountable, the vetting process for contractors,
plans to advance the project, and whether financial relief is available for tenants affected
by delays. He emphasized the impact on tenants and thanked the board for their time.
Chair Penserga closed public comment.
There was consensus to hear more information from staff about the references senior
housing.
11. Consent Agenda
A. CRA Financial Report Period Ending September 30, 2024
B. CRA Financial Report Period Ending October 31, 2024
C. Approval of the CRA Board Meeting Minutes for September 10, 2024
D. Approval of Modification of the Purchase and Development Agreement with
Maple Tree Investments, LLC for the USPS Project on the CRA-owned
Property located at 401-411 E. Boynton Beach Boulevard
E. Ratification of Dockmaster Lease Management Activities and Termination of
Lease
F. Approval of Second Lease Extension Agreement with the City of Boynton
Beach for the CRA Owned Property located at 511 East Ocean Avenue
G. Approval of a Waiver for the Commercial Property Improvement Grant
Program in the Amount of $25,000 to Chow Hut LLC located at 425 NE 4th
Street
H. Approval of the Commercial Rent Reimbursement Grant Program in the
Amount of$11,700 to Spectrum Innovations Inc. located at 1300 W. Industrial
Avenue, Unit 113
I. Approval of the Commercial Rent Reimbursement Grant Program in the
Amount of$21,000 to Design Stop LLC located in One Boynton located at 1505
S. Federal Highway
J. Approval of the Commercial Rent Reimbursement Grant Program in the
Amount of$15,750 to The Meaning Channel Group LLC located in Colonial Center
at 1210 S. Federal Highway, Unit 101
K. Approval of the Commercial Rent Reimbursement Grant Program in the
Amount of$24,000 to Thai Venture Group LLC d/b/a Kabuki Sushi Thai Tapas
located in One Boynton at 321 E. Woolbright Road
L. Approval of a Waiver for the Commercial Property Improvement Grant Program
in the Amount of $60,000 to Thai Venture Group LLC d/b/a Kabuki Sushi Thai
Tapas located in One Boynton at 321 E. Woolbright Road
M. Approval of the 90-day Extension to Napi Dog Grooming LLC located at 1406
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Boynton Beach, FL November 21, 2024
N. Federal Highway for their Commercial Property Improvement Grant
Program
N. Approval of the 90-Day Extension to Trilogy Fitness & MMA LLC located in
Ocean Palm Plaza at 1550 N. Federal Highway Units 4-10 for their
Commercial Property Improvement Grant
Motion:
Board Member Turkin moved to approve the Consent Agenda. Vice Chair Kelley
seconded the motion. The motion passed unanimously.
12. Pulled Consent Agenda Items
None.
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
Mr. Tack reported that the board met on November 7 and completed its review of the
CRA plan, including each district and the plan overall. They will meet again in
December to formalize their report, which will be presented in January.
14. Old Business
A. Discussion and Consideration of the Preliminary Designs for the MLK Entry
Feature Park on the CRA-Owned Property Located at 1101 N. Federal
Highway
Ms. Nicklien provided a brief background and invited representatives from AW Architects
to begin the presentation.
Ms. Paola Morales and Mr. Duane Burrowes introduced themselves and presented the
following: Existing Location Map; Version 1; Renderings; Version 2; Renderings; Version
3; and Renderings.
Chair Penserga asked the Board for feedback.
Board Member Hay expressed that the space should not function as a park to avoid
issues like rentals for family reunions. He opposed loose pebbles, citing safety concerns,
and too many benches, which might encourage unintended use by the homeless. While
supportive of the project overall, he emphasized the importance of public involvement
and suggested holding meetings at to gather community input and recommendations.
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Boynton Beach, FL November 21, 2024
Ms. Morales and Mr. Burrowes clarified that the project is an entry feature, not a park.
They noted that the selected benches and seating were chosen carefully to prevent
misuse, such as lying down, by incorporating curved edges and narrower designs. Some
seating resembles stones, referred to as "pebble seating," with rounded sides for
functionality and aesthetics.
Board Member Cruz praised the unique designs and supported the setback to protect
the painting's natural form. She emphasized the need for safety measures near the train
tracks, particularly for children, suggesting a wall or similar protection to prevent
accidents.
Ms. Morales explained that all proposed entry features include protection from the train
tracks. Entry feature one incorporates a mural with vegetation on either side. Mr.
Burrowes proposed incorporating a wall as part of the design.
Vice Chair Kelley praised the design for aligning with the vision to enhance the city's
entryway. She suggested using posters with OR codes for surveys, placing them at
events, in the lobby, during meetings, and around neighborhoods to gather citywide
feedback. She emphasized making it easy for residents to participate and share their
input.
Mr. Turkin discussed next steps and timeline with the Board.
B. Continued Discussion and Consideration of Tax Increment Revenue Funding
Agreement from BB North LLC for The Villages Located at 405 E. Ocean
Avenue
Mr. Tack introduced the item and introduced Ms. Bonnie Miskel and Mr. Manny Mato.
Ms. Bonnie Miskel provided a brief background about the project and summarized the
proposed changes based on previous feedback from the Board.
Mr. Tack noted that the agreement includes provisions requiring construction to
commence within two years and be completed within five years of the effective date.
The project would incorporate green building standards and aim to include local hiring
and businesses in the construction process.
Chair Penserga expressed appreciation for the progress made, noting the independent
third-party financial gap analysis recommendation, a significant improvement from the
initial $12 million. He commended the efforts of the council, staff, and those involved in
the negotiations.
Board Member Turkin asked about construction commencement, and Mr. Mato
confirmed they were in permitting and had completed demolition. He stated that soil
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Boynton Beach, FL November 21, 2024
improvement was set to begin, with subcontractors expected to start in late December
or early January, followed by six weeks of preparation before vertical construction. He
noted the project was close to moving forward.
Board Member Cruz thanked staff for involving a third-party consultant to review the TIF
requests, ensuring an unbiased assessment. She noted the perpetual public parking
spaces, the CRA's 30% share of parking revenue, and the 15-year, 50% rent subsidy
for a neighborhood coffee shop as key benefits. She also highlighted the consultant's
agreement with the $9.1 million figure as a positive outcome.
Chair Penserga asked for clarification on maintenance, and Mr. Mato explained that a
third-party management company would handle metering and maintenance, with
subcontractors hired directly. He confirmed that the CRA's 30% revenue share would
not be reduced by maintenance costs, emphasizing that the CRA staff negotiated this
provision firmly.
Vice Chair Kelley raised concerns about the lack of affordable housing in recent
proposals, including this one, and found it challenging to support tax revenue requests
without addressing this need. She appreciated the parking revenue share and noted a
potential future project with affordable housing. Regarding the coffee shop, Vice Chair
Kelley asked about securing a local operator. Mr. Mato explained the space was
designed to attract public and building traffic and suggested collaborating with the CRA
to identify local businesses.
Ms. Rossmell explained that the developers are already required to make good faith
efforts to lease the coffee shop space before pursuing alternative tenants. She
suggested enhancing the language to specify that they would collaborate with the CRA
to market and advertise the space, provided the board and developers agree to this
approach. Ms. Miskel agreed.
Board Member Turkin stressed the need to avoid empty commercial spaces downtown
and suggested capping efforts to secure a local coffee shop tenant at three or four
months. If unsuccessful, the space should be offered to other tenants to prevent
vacancies.
Ms. Miskel stated that she could provide language to Ms. Rossmell to meet the intent.
Board Member Hay emphasized the importance of affordable housing, expressing
disappointment that no solution was reached. He clarified that affordable housing serves
a broad range of people.
Motion:
Board Member Cruz moved to approve the agreement subject to adjusting the financing
cap to $9.1 million and additional changes discussed during the meeting. Board Member
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Turkin seconded the motion.
Chair Penserga opened public comment. No one came forth to speak and no virtual
comment. Chair Penserga closed public comment.
The motion passed unanimously.
C. Circuit Transit Inc. 2nd Quarterly Report for Service Dated July 1, 2024 -
September 30, 2024
Ms. Alana Wortsman Wardsman, on behalf of Circuit, reviewed the following: About
Circuit; National Operations; Coastal Cruiser Expanded Coverage; Technology — Data
Reports and Ongoing Improvements; Boynton Beach Ridership July 1 — Sept. 30; Top
10 Pickup/Dropoff Locations; Boynton Beach Ridership YTD; Boynton Beach Ridership
— Quarter 1 Friday and Saturdays Only; July — Oct. Friday and Saturday Only; Boynton
Beach Ridership YTD — Sept. 2024; Survey Highlights; and Events & Community.
Board Member Turkin left the dais at 7:15 P.M.
Board Member Turkin returned to the dais 7:20 P.M.
Vice Chair Kelley highlighted that 19% of program riders are aged 64 and up, the
second-highest age group, aligning with the program's goal to support older residents
in maintaining independence and mobility. She noted the importance of understanding
how many new users the program attracts, suggesting a report on monthly or quarterly
data to distinguish between new users and regular riders. This insight could guide
outreach efforts, and Circuit staff agreed to include this information in the next
presentation.
D. MLK Jr. Boulevard Corridor Mixed Use Project Update (d/b/a Heart of
Boynton Shops)
Mr. Tack introduced the item and provided a brief background. He updated the Board
on delays and cost escalations for the commercial space project. Construction, initially
planned for August, began in October, leaving the project behind schedule. Six of eight
spaces were ready for contracts, but escalating costs, ranging from $3,000 to $66,000,
are causing financial strain for tenants, with some considering withdrawing. He noted
staff are working to address the issues while seeking the board's direction on resolving
the delays and cost differentials.
Mr. Paul Bilton, on behalf of Centennial Management, explained delays, citing tenant
changes, unlicensed architects, and cost underestimations as initial issues. Recently,
subcontractor availability and pricing caused further setbacks. Unit 104 was approved
to begin construction, pending underground utility work before pouring the slab. Final
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Boynton Beach, FL November 21, 2024
cost estimates for Units 102, 105, 107, and 108 were provided, and efforts are ongoing
to coordinate work across units efficiently. He stressed their commitment to progress.
Board Member Cruz urged efforts to support businesses struggling with subcontractor
costs, suggesting flexibility to allow them to use their own contractors if possible. She
emphasized the need for collaboration and commitment to minimize delays and help
businesses open promptly, expressing empathy for the challenges faced by business
owners.
Mr. Bilton explained that cost increases stemmed from initial estimates based on
assumptions and square footage rather than finalized plans. Upgrades in materials and
inflation further contributed. He emphasized they did not profit from the increases and
noted it would have been simpler if tenants had used their own contractors.
Vice Chair Kelley criticized Centennial for delays and unmet commitments, stating the
responsibility lies with them, not the CRA or tenants. She expressed frustration over the
lack of clear plans or timelines and rejected further excuses. Vice Chair Kelley
demanded a concrete plan with specific dates for construction progress and tenant
readiness, emphasizing the importance of fulfilling promises to the community.
Mr. Bilton acknowledged full responsibility for the delays, emphasizing there was no
finger-pointing at the CRA or its staff. He explained that while some delays stemmed
from unavoidable realities, they were working to move forward. Unit 104 was cleared to
start as soon as their underground work is completed, and cost estimates for four
additional tenants had been submitted. He noted permits were ready, and work could
begin immediately once prices were accepted, adding that progress was closer than
during the last update.
Board Member Hay shared frustration with Centennial's unfulfilled promises, noting
tenants face financial losses due to delays. He emphasized the need for immediate
action to avoid further tenant losses and warned the situation could impact future
business with Boynton Beach.
Chair Penserga expressed agreement with colleagues' frustrations, acknowledging
recent progress but emphasizing it was too little, too late. He stressed the need to
prevent further tenant losses and support local businesses, reiterating the project's goal
of benefiting the community. Chair Penserga urged staff to present actionable options
to the board to ensure the project moves forward successfully.
Board Member Turkin departed the meeting at approximately 7:40 P.M.
E. Continued Discussion and Consideration of Temporary Use Agreement with
OHLA USA, Inc. for the Use of CRA Properties as a Construction Staging
Area for the Boynton Beach Complete Street Project
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Boynton Beach, FL November 21, 2024
Mr. Tack introduced the item and provided a brief background.
Mr. Daniel Curiel, on behalf of OHLA USA, Inc., reported that the project timeline had
been accelerated, with a new completion target of early February. Originally set for
September, the project is now progressing under a voluntary acceleration agreed upon
with FDOT. He proposed avoiding the installation of an additional fence, citing the
existing perimeter fence as sufficient for security, with no incidents of theft reported.
Materials and equipment were well-organized. and sod placement and lot restoration
are expected to begin in January, with the project's punch list completed by early
February.
Chair Penserga noted concerns about safety and liability.
Board Member Cruz stated that she would support staff recommendation.
Vice Chair Kelley expressed concern about the messy state of the lot, with debris and
rocks visible near a residential area and Boynton Beach Boulevard. She reminded the
developer that installing a fence was a condition of using the site and agreed with
colleagues that the current state is unacceptable, despite the accelerated project
timeline.
Ms. Rossmell explained that OHLA USA, Inc.. was technically in default for not installing
the required fencing. Under the agreement, if the default was not cured within seven
days of written notice, the agreement could be terminated. She requested direction from
the board to issue formal notice, noting that failure to act could lead to termination and
the application of standard trespass and removal laws.
Board Chair Hay raised safety concerns about a hole left after dirt removal and asked
about plans for restoration. Mr. Curiel explained that excess material was mistakenly
removed for sidewalk work and assured the board the hole would be restored with
certified material, leveled, and sodded as per the contract.
Ms. Rossmell stated that the agreement does not permit the removal of the specified fill
and suggested including this in the Notice of Default, allowing time to cure. She
proposed separate time frames: 14 days to install the fence and requiring the fill to be
restored before vacating the site. Board Member Hay agreed with this approach.
Board Member Cruz also agreed.
Mr. Tack asked the timeline to install temporary fencing. Mr. Curiel stated that they had
contacted several options for the work and were awaiting updated quotes. He expressed
hope to receive a quote by Monday, allowing installation to begin shortly thereafter,
estimating it would take two to three days to complete.
Board Member Cruz suggested 21 days before beginning steps to terminate the
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Boynton Beach, FL November 21, 2024
agreement.
Vice Chair Kelley recommended 14 days without the default letter. Chair Penserga
agreed.
Motion:
Board Member Hay moved to notice default 14 days from November 22, 2024. Board
Member Cruz seconded the motion. The motion passed unanimously.
F. Discussion and Consideration of the Boynton Beach Faith Based CDC's
Second Request for Extension of Time to the Purchase and Development
Agreement for the Property located at 402 NW 12th Avenue
Ms. Theresa Utterback, Development Services Manager, stated that the project was
originally due for completion today. However, due to the passing of Executive Director
of the CDC, a one-year extension has been requested. She confirmed that staff has no
objections to the extension.
Chair Penserga opened public comments. There was one virtual comment.
Ms. Sherry Johnson experienced technical difficulties but expressed her thanks on the
screen.
Chair Penserga closed public comments.
Motion:
Board Member Cruz moved to approve the Second Amendment to the Purchase and
Development Agreement between the BBCRA and the CDC for an extension of time in
which to receive a temporary or permanent Certificate of Occupancy on or before
November 21, 2025, and allow Board Chair to execute the Second Amendment. Vice
Chair Kelley seconded the motion. The motion passes unanimously.
G. Discussion and Consideration of the Adoption of "Exhibit A" to the Interlocal
Agreement between the Boynton Beach CRA and the City of Boynton Beach
for Funding Construction and Professional Services
Mr. Tack introduced the item and provided a brief background.
Chair Penserga opened public comments. No one came forth to speak. No virtual
comments.
Chair Penserga closed public comments.
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Boynton Beach, FL November 21, 2024
Motion:
Vice Chair Kelley moved to approve the Adoption of "Exhibit A" to the Interlocal
Agreement between the Boynton Beach CRA and the City of Boynton Beach for the
Interlocal Agreement for Funding Construction and Professional Services. Board
Member Cruz seconded the motion. The motion passes unanimously.
H. Continued Discussion and Consideration of Search for the New Executive
Director
Mr. Tack introduced the item and provided a brief background, noting 66 candidates
had responded to the advertisement.
Chair Penserga expressed support for proceeding with a headhunter while reopening
the job posting. He emphasized keeping the application window open to allow new
applicants to apply during the headhunter's search.
Vice Chair Kelley noted she had not reviewed all 66 candidates and expressed interest
in further exploring the pool to assess its potential. While open to discussing the use of
a headhunter, she emphasized that 66 applicants represent a significantly larger pool
than previous searches.
Motion:
Board Member Cruz moved to table the item until the next meeting. Board Member Hay
seconded the motion. The motion passed unanimously.
15. New Business
A. Discussion and Consideration of Executive Recruitment Firms for Executive
Director Candidates
Motion:
Board Member Cruz moved to table the item until the next meeting. Board Member Hay
seconded the motion. The motion passed unanimously.
B. Discussion and Consideration of the Purchase of 225 NE 9th Avenue
Ms. Utterback introduced the item and provided a brief background.
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Boynton Beach, FL November 21, 2024
Motion:
Board Member Hay moved to approve the purchase of 225 NW 9th Avenue in the amount
of $300,000.00 and CRA Staff will bring a Purchase and Sale Agreement back to the
Board for approval and execution. Vice Chair Kelley seconded the motion.
Chair Penserga opened public comments. No one came forth to speak. No virtual
comments. Chair Penserga closed public comments.
The motion passed unanimously.
C. Discussion and Consideration of the Purchase of 419 N. Seacrest Boulevard
Ms. Utterback introduced the item and provided a brief background.
Motion:
Board Member Hay motioned to approve the purchase of the property located at 419 N.
Seacrest Boulevard in the amount of $520,000 and allow the CRA Chair to execute the
Purchase and Sale Agreement as presented. Board Member Cruz seconded the motion.
Chair Penserga opened public comments. No one came forth to speak. No virtual
comments. Chair Penserga closed public comments.
The motion passed unanimously.
D. Discussion and Consideration of the Purchase of 323 E. Martin Luther King,
Jr. Blvd.
Ms. Utterback introduced the item and provided a brief background.
Mr. Tack added that the adjacent property under consideration was approximately 0.88
acres. While it was initially planned to be delivered unoccupied, the seller had offered to
manage the existing tenant, who was under lease until June 30, for a management fee if
the purchase moved forward.
Discussion ensued about the tenant and timeline.
Board Member Cruz recommended tabling the item to the next meeting in order to discuss
a contingency about the tenant with the property owner.
Ms. Utterback confirmed that she could reach out to the property owner for further
discussion.
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Boynton Beach, FL November 21, 2024
Board Member Hay asked how the property's value compared to the appraisal value of
the Clayton property previously purchased. He also inquired whether the seller would
cover the closing costs. Mr. Tack replied that he would have to circle back with the
information.
There was consensus from the Board for staff to continue negotiating with property owner.
E. Discussion and Consideration of Submission of the Cottage District Plat
Mr. Tack introduced the item and provided a brief background.
Mr. Matthew Barnes, on behalf of WGI, noted there was nothing substantive to add but
highlighted that the project was approved by the City Commission two days prior. He
explained that the plat would be executed and recorded, followed by the sale. Once
finalized, Pulte would sign and begin construction.
Chair Penserga opened public comments. No one came forth to speak. No virtual
comments.
Chair Penserga closed public comments.
Motion:
Board Member Cruz moved to approve the plat as presented and allow the Chair to
execute the plat. Vice Chair Kelley seconded the motion. The motion passed
unanimously.
F. Approval of Resolution R24-03 Approving and Adopting the 2024 Palm
Beach County Local Mitigation Strategy Plan
Mr. Tack introduced the item and provided a brief background.
Chair Penserga opened public comments. No one came forth to speak. No virtual
comments.
Chair Penserga closed public comments.
Motion:
Board Member Cruz moved to approve Resolution R24-03 and Adopt the 2024 Palm
Beach County Local Mitigation Strategy Plan. Vice Chair Kelley seconded the motion.
The motion passed unanimously.
Board Member Hay departed the meeting at 8:30 P.M.
G. Consideration of an Interlocal Agreement between the Boynton Beach
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Boynton Beach, FL November 21, 2024
CRA and Solid Waste Authority of Palm Beach County
Ms. Utterback introduced the item and provided a brief background.
Chair Penserga opened public comments. No one came forth to speak. No virtual
comments.
Chair Penserga closed public comments.
Motion:
Vice Chair Kelley moved to approve the 2024-2025 Interlocal Agreement between
Boynton Beach CRA and Solid Waste Authority of Palm Beach County and authorize
the Board Chair to execute the Interlocal Agreement. Board Member Cruz seconded the
motion. The motion passed unanimously.
H. Discussion and Consideration of the 2025 CRA Board Meeting Dates
Mr. Tack introduced the item and noted a March 2025 conflict with a municipal election.
Discussion ensued about 2025 elected officials and calendaring.
There was consensus to hold the March CRA meeting on Thursday, March 20, 2024.
Mr. Tack also suggested moving the October 2025 meeting to October 23, 2024 due to
the conflict. There was consensus.
Vice Chair Kelley noted November 11, 2025 will be Veteran's Day. There was consensus
to move it to November 10, 2025.
Motion:
Board Member Cruz moved to approve the 2025 CRA Board meeting dates as
presented and discussed. Vice Chair Kelley seconded the motion.
Chair Penserga opened public comments. No one came forth to speak. No virtual
comments.
Chair Penserga closed public comments.
The motion passed unanimously.
I. Discussion and Consideration of the Commercial Business Marketing Grant
Program Guidelines and Application for Fiscal Year 2024-2025
Ms. Coppin introduced the item and provided a brief background.
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Boynton Beach, FL November 21, 2024
Vice Chair Kelley asked about the status of Circuit's marketing efforts, and Mr. Tack
explained that Circuit had not yet succeeded in selling advertising spaces. He noted this
was not uncommon for a pilot program and stated that he would provide an update at
the next meeting.
Chair Penserga opened public comments. No one came forth to speak. No virtual
comments.
Chair Penserga closed public comments.
Motion:
Board Member Cruz moved to approve the FY 2024-2025 Commercial Business
Marketing Grant Program and Application as presented, pending any final review from
CRA legal counsel. Vice Chair Kelley seconded the motion. The motion passed
unanimously.
J. Discussion and Consideration of a Two-Year Lease Extension with the
United States Postal Service for the Property Located at 217 N. Seacrest
Boulevard
Mr. Tack introduced the item and provided a brief background.
Ms. Rossmell explained that the requirement was mandated by the federal government
for the USPS, making it unusual and necessitating actions not typically required.
Motion:
Vice Chair Kelley moved to approve and authorize execution of the two-year lease
extension documents under the terms and conditions presented. Board Member Cruz
seconded the motion.
Chair Penserga opened public comments. No one came forth to speak. No virtual
comments.
Chair Penserga closed public comments.
The motion passed unanimously.
16. CRA Projects in Progress
A. Social Media & Print Marketing Update - September & October 2024
B. Social Media Outreach Program 4th Quarter Report for FY 2023-2024 (July
2024 - September 2024)
C. Neighborhood Officer Program 4th Quarter Report for FY 2023-2024
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Boynton Beach, FL November 21, 2024
(July 2024 - September 2024)
D. CRA Economic & Business Development Grant Program Update
No items were pulled for discussion.
17. Future Agenda Items
A. Discussion and Consideration of Issuing Advertisement of an RFQ for
Design Services for the Boynton Harbor Marina Seawall
18. Adjournment
There being no further business to discuss, the meeting was adjourned at 8:47 P.M.
C
`' Tammy Sta-zione, CM
Deputy City Clerk