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Minutes 10-13-15 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, OCTOBER 13, 2015 @ 6:30 PM IN CITY COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Vivian Brooks, Executive Director Joe Casello, Vice Chair Tara Duhy, Board Counsel Mike Fitzpatrick (Arrived 6:38 p.m.) Mack McCray David Merker I. Call to Order Chair Taylor called the meeting to order at 6:33 p.m. II. Invocation and Pledge to the Flag Mr. McCray gave the invocation and led the Pledge of Allegiance to the Flag. III. Roll Call Roll call revealed a quorum was present. IV. Legal: A. Memorandum Regarding Rules of Decorum Attorney Duhy explained the information was included in the meeting backup and was self - explanatory. Mr. McCray commented he requested this item be placed on the agenda because the Board is supposed to be professional and they need civility on the Board. He wanted the members to recognize each other properly and use Robert's Rules for decorum. Mr. Merker commented sometimes he gets a little excited and everyone has their own style in expressing themselves. As elected officials, not everyone likes them all the time, but as adults, they should accept what occurs, the bickering and discussion and an occasional raising of the voice. He commented the purpose of legislation was to have an outline to follow, and he contended they all occasionally cross the line. He thought as long there was respect and dignity at the end of the session they have followed the rules. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 13, 2015 Chair Taylor conveyed a lesson he learned long ago from a book by Robert Kennedy. He commented everyone can have a different opinion and make an argument, but once someone loses their temper, they are not thinking clearly. Mr. Merker asserted that was an assumption and no one goes into a discussion with the idea of having an argument. Each person has their own way of expressing themselves and it was neither right nor wrong as long as the end result was for the people. Mr. Fitzpatrick arrived at 6:38 p.m. V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda None. B. Adoption of Agenda Motion Mr. McCray moved to approve the agenda. Vice Chair Casello seconded the motion that unanimously passed. VI. 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 Items Mr. McCray had no disclosures, but had one item to address regarding the removal of two citizens from the CRA Board. The newspaper indicated they had another agenda. Mr. McCray advised he met with Vivian Brooks, the CRA Director, and he stated to her he had no hidden or other agenda. His motive was not to remove her from her position, but there was housecleaning that was necessary. He and Ms. Brooks have returned to meeting one -on -one and she was delivering the information that he was requesting. He stated on the record, he was not on a witch hunt. Mr. Merker expressed he was confused and wanted to know from Attorney Duhy if former Board members Buchanan or Hay did anything ethically or legally wrong. No one would say. He acknowledged they have the right to disagree. The issue to be discussed was an independent board, and the Board eliminated two members who believed in an independent board. He found this contradictory with no purpose or reason, and he hoped to find out the underlying reason. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 1, 2015 Mr. McCray commented he does not owe an explanation. He voted the way the citizens of District II felt. Vice Chair Casello met with the Executive Director and had a good meeting. They were both on the same page and have an understanding. He looked forward to working closely with her this year in a team fashion. They have had several people that submitted their applications to serve on the advisory board, which was encouraging and he thought good things would follow. Mr. Fitzpatrick had no disclosures relative to the CRA in the last month. Chair Taylor had no disclosures. Ms. Brooks had many meetings regarding potential development projects and thought they should hopefully see them in the next few months. Mr. Merker wanted a definition of the advisory board, who should be on it, their qualifications and the relationship between Board members to be and the existing Board. He thought it was a contradiction because previously there were citizens voicing opinions to Board members and the Commission. Now the Commission controls the votes on both the City Commission and on the CRA Board. He thought it was disrespectful to the citizens. He wanted a timeframe to get the Board organized. Chair Taylor advised in the past they had procedures for Board members and he would like the CRA to put together a pamphlet for new members detailing the purpose and direction the Board would take. Vice Chair Casello commented the City Attorney was in the process of determining the specifications for the Board members, where they reside and some of their qualifications. B. Informational Announcements VII. Announcements & Awards: A. Pirate Festival Henry Hyde, pirate from the distant past, proclaimed the 4 Annual Boynton Beach Haunted Pirate Fest held by the Boynton Beach Community Redevelopment Agency. They have entertainment, contests and all kinds of music. He invited all to come out for the free, fun, spooktacular fest for all ages. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 13, 2015 B. Music on the Rocks Chris Burdick, Special Events Coordinator, announced this event will take place on Friday, October 16 featuring Making Faces at the Ocean Avenue Amphitheater. This year, they were partnering with the Food Truck Invasion which guarantees a rotation of food trucks each month. There is on -site parking. The next concert will be held November 20 but the band is to be determined. C. Movies Mr. Burdick advised on October 2, at 8 p.m., they featured Goonies. The event went well. The weather was great and 250 people attended. A trailer highlighting select CRA District businesses was viewed before the film and they donated gift cards to raffle off to attendees. Food, snacks and beverages were available for purchase from local vendors. Pirate Fest souvenirs were also given away. The next event is scheduled for November 6, 2015, featuring Back to the Future in celebration of its 30 Anniversary. He hoped there would be a special appearance from the time machine DeLorean. VIII. Consent Agenda: A. Approval of Minutes — CRA Budget Meeting August 6, 2015 B. Approval of Minutes — CRA Board Meeting September 8, 2015 C. Approval of Period Ended September 30, 2015 Financial Report D. Monthly Purchase Orders E. Approval of CRA Board Travel to the 2015 FRA Conference IX. Pulled Consent Agenda Items: None. Motion Mr. Merker moved to approve the Consent Agenda. Mr. McCray seconded the motion that unanimously passed. 4 Meeting Minutes Community Redevelopment Agency Board B oynton Beach, Florida October 13, 2015 X. Information Only: A. Public Comment Log B. Marketing and Business Development Campaign C. MLK Event There were no comments on any of the above items. XI. Public Comments: (Note: comments are limited to three - minutes in duration) Henry Woodworth, 685 NE 15 Place, thanked the Commission for their comments made at the September 6 th meeting. He called several people to encourage them to submit an application. He talked people into it by indicating if it was not a sincere effort, they could withdraw their application. He advised the trust bucket was empty and the Board's credibility was on the line. The people he spoke with had no faith that anyone would listen to what the Board would say. Mr. McCray announced he was at Church and five people approached him they were willing to serve and he differed from Mr. Woodworth's comments. Chair Taylor closed the public comments. XII. Public Hearing: None XIII. Old Business: A. Consideration of Preliminary Site Plan for the Ocean Breeze East Development Ms. Brooks advised City and CRA staff met to review the plans and the Related Urban Group received a lot of direction. Staff wanted the Board to understand the momentum of the project and provide input. If awarded the tax credits, they must move quickly. Luis Castellon, Related Urban Development Group, agreed they met with zoning and public works to gather their thoughts, criteria, and vision for the Ocean Breeze East project and they will incorporate the Board's thoughts on the site plan. A PowerPoint of the site showing the location of the project was viewed. The proposed project was about 101 units in a unified garden -style complex with three -story buildings and internal parking that is visually screened from all streets. They proposed to create retail space on Seacrest to bring small business to the area and create a private entrance to the complex on NE 7 th Avenue so retail traffic would not mix with the 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 13, 2015 residential traffic. The community will have various one, two and three - bedroom units and a community center with a multi - purpose room, computer library, fitness center and a tot lot area behind the community center. They proposed a small pocket park for dogs, but the City preferred that land be used as green space for kids and families to enjoy. Mr. McCray agreed with the need for the green space. The retail will be on the ground floor along Seacrest and the additional two stories above it will be residential. Two buildings to the north will have three -story, garden - style, two and three - bedroom units. The building to the east will be for the elderly with only one bedroom. They will have a mix of uses and residents including retail. The building for seniors would be four stories and have an elevator and generators. The multi - family buildings will not have elevators. The members viewed the building facades which were designed to be complementary to the single - family homes across the street. Vice Chair Casello inquired if the elderly building would have retail and learned it would not. Vice Chair Casello was also concerned the depth of some of the retail units may not be tenough. He noted this occurred in Casa Costa. Mr. Castellon responded that point was raised and they are reconfiguring the design to accommodate 60 -foot deep by 20 -foot wide bays. Mr. Fitzpatrick noted the property to the south is from Hudson Holdings. He understood there was a cap on the number of units that could be constructed with tax credits. Jason Goldfarb, Related Urban Group, responded there was. If they could not build the project based on the allocated dollars they have to build fewer units. Mr. McCray asked how many units would be for the elderly and learned there would be 44 units for individuals aged 55 and older. Mr. McCray announced he previously met with the presenters, but not for this presentation. The trash area and loading zones will be reconfigured per City requirements. Ms. Brooks explained Mr. Castellon had not had a chance to incorporate staff's comments. They wanted Board input before creating the final plan. The project will not have a swimming pool. Mr. McCray though incorporating multi - family and seniors will give seniors a chance to mingle with youth and it was a nice mixture. B. Consideration of Interlocal Agreement between the CRA and the City for the Required Local Government Contribution in the Amount of $75,000 to the Related Urban Development Group for the Ocean Breeze East Project Motion Mr. McCray moved to approve. Mr. Merker seconded the motion. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 13, 2015 Mr. Fitzpatrick noted Section 2, the Term of Agreement, and asked if they did not receive the financing, if the City's contribution would be returned. Ms. Brooks explained the funds would be given at closing. This item was just a commitment required to submit the application. The motion unanimously passed. C. Consideration of the Purchase and Development Agreement with Housing Trust Group for Properties located on the South Side of Martin Luther King, Jr. Blvd. Ms. Brooks explained the agreement was the result of the vote at the last meeting to negotiate with the Housing Trust Group (HTG) for the MLK south site. The Housing Trust Group was successful in obtaining purchase agreements with two of the three private property owners within the site, and they presented signed agreements to Ms. Brooks which she forwarded to Mr. McCray. The document states the difference between the $2 million land purchase price and what they pay for the land would return to the CRA. Currently, that would be $125,000 for the property because one of the property owners was not cooperative. Mr. McCray inquired if the third property owner not selling their parcel would stop the project and Ms. Brooks responded it would not. They would design around it. Bradley Miller, Miller Land Planning, representing HTG was present with Jake Zunamon, Development Coordinator with the HTG. Mr. Miller explained last month they discussed the parcel and private property owners. The project boundary comprised a little over three acres. They negotiated with the private property owners and had signed contracts with Bell and Loran. The parcel from DJV was not included, nor was the Jones property. They are still negotiating with DJV. They assembled 2.84 acres and the project will have 85 units with some commercial space. If there are tenants that are part of the Bell property that can stay in the community, they will make space available to them. Mr. McCray inquired if DJV opted to sell the property to them later, could it be incorporated into the project and Mr. Miller responded it could. A PowerPoint of the conceptual plan was viewed and they would meet with staff to address the details. The property would be a rental property. Vice Chair Casello noted the project was in competition with Ocean Breeze East and asked if they were not successful with the 9% tax credits, if the signed contracts would become null and void, and learned they would. Mr. McCray asked if they did not receive the 9% credits, if they were looking at another project. Mr. Zunamon responded they were looking at the 9% funding, and if not awarded this round, they will look at it in the 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 13, 2015 future. Mr. Fitzpatrick noted if DJV opted to sell, it would use up the funds that would come back to the CRA. Ms. Brooks responded that was correct. HTG would manage their property. They also planned to have 1,000 to 1,500 square feet of commercial space, which could accommodate two stores. Ms. Brooks noted they have economic development grants to assist the Bells if they want to move their business to another location. Motion Mr. Merker moved to approve the purchase and development agreement. Mr. McCray seconded the motion that passed 4 -1 (Mr. Fitzpatrick dissenting.) D. Consideration of Interlocal Agreement between the CRA and the City for the Required Local Government Contribution in the amount of $75,000 to the Housing Trust Group for the Project on the South Side of Martin Luther King, Jr. Blvd. Motion Mr. McCray moved to approve. Mr. Merker seconded the motion that passed 4 -1 (Mr. Fitzpatrick dissenting.) E. Consideration of Expanding the Scope of the North Entry Signage Project Mike Simon, Assistant CRA Director, explained this item would expand the scope of work on the north entry sign currently underway with Collage Companies, who was also working on the south entry sign in front of WalMart. Photographs of the north and south entries were viewed. The work in progress for the north sign would be completed in two weeks. Most of the underground work, including lighting for the sign and trees was finished. The idea was to expand the scope from the current boundary of the north sign wall 100 feet to the north where the blueway highway marker was located. The FEC Corridor landscape plan conceptualized incorporating this into the project. Mr. Simon explained staff felt, with the existing conditions, it would be appropriate to spend the $80,000 to expand the site and remove the hedge line along the sidewalk. It created a clear view to the railroad tracks. There are dead or dying plants and grass, and to compliment the new sign, they should look at the entire project site. Mr. Simon explained they would have to take $80,000 from one of several line items to finish the project. If funded, they would need an additional 60 days to remove the dead vegetation and plant new vegetation. Vice Chair Casello inquired if approved and irrigated, who would be responsible for the maintenance. Ms. Brooks responded she and the City Manager discussed the matter 8 Meeting Minutes Community Redevelopment Agency Board Boyn each, Florida October 1, 2015 and the agreement was the CRA would maintain the area for two years. It would be maintained though the City's vendor and they would reimburse the City for the additional work. Mr. Fitzpatrick favored the project and was not familiar with the plantings. He inquired if they could approve the project and swap some plants with some that were more appropriate for the eco system. Mr. Simon advised they could. The plan was created by Kimley Horn and it underwent the City's review. Mr. Fitzpatrick agreed to forward recommendations to Ms. Brooks as long as there was no increase in the cost. Ms. Brooks noted half the plants were native plants and the other half were non - native plants. Motion Mr. Merker moved to approve the $80,000 to expand the signage project. Mr. McCray seconded the motion that unanimously passed. F. Consideration for Lease between the CRA and DJV Development for 404 E. Martin Luther King, Jr. Blvd. Unit A in the amount of $12,000 for a Three Year Term Mr. McCray requested confirmation the cost would be $12,000 for the first year and the second and third years would have increases. He inquired how much of an increase would occur. Ms. Brooks responded it would increase $100 a month each successive year. Next year they will budget the additional funds. Motion Mr. McCray moved to approve. Mr. Merker seconded the motion. Vice Chair Casello inquired who DJV was and Ms. Brooks responded the land was the Doris Jefferson properties. None of their sites were good for mixed -use developments because they were not large enough and they were scattered. Ms. Brooks spoke with their realtor and they seemed to want to do things in the community. They would have to come to terms with the Housing Trust Group. Vice Chair Casello requested their names be forwarded to him. Mr. Fitzpatrick commented this was considerably more than what the Board had previously discussed. The other space was not acceptable, but he thought this would provide more of a community policing atmosphere. Ms. Brooks explained they were originally offered Unit C, but Unit A was already partitioned so there would be different computer work areas. The Police Chief thought having computers available for the residents to use as a resource center would be 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 13, 2015 beneficial. Staff proposed there be three computers available. It was a little more money, but it had more space. DJV wanted $15,000 but the CRA offered $12,000. The motion unanimously passed. G. Consideration of Agreement for Services between the CRA and the Community Caring Center for Economic Development Services Ms. Brooks explained they met with Sherri Johnson and Dr. Allison to try to reach an agreement, review what the CRA's expectations were and what they could deliver. This would be a one -year term, and they would assist small businesses to grow, start, train and other aspects associated with economic development. The attachment in the meeting backup detailed what was expected so when they are audited, the CRA could show how the funds were used. Mr. McCray commented funding was discussed at the Strategic Plan in the amount of $25,000 and Vice Chair Casello suggested increasing the amount to $50,000, which he favored. Motion Mr. McCray moved to approve. Mr. Fitzpatrick seconded the motion. Vice Chair Casello spoke with Ms. Johnson prior to the meeting and she praised how the negotiations went with Ms. Brooks. The motion unanimously passed. Mr. McCray disclosed he also saw Ms. Johnson in the morning and he commented to her they had a contract coming up.. XIV. New Business: A. Consideration of Letter of Intent from Habitat for Humanity of South Palm Beach for Two CRA Properties on the Model Block Ms. Brooks explained there was a map in the meeting backup showing two properties the CRA owns that are directly adjacent to the properties the City gave to the Community Development Corporation. They received a letter of intent from Habitat for Humanity to build the same homes as are constructed on the Model Block. They would not need any subsidy as Habitat for Humanity has many contributions made by companies. If approved, the road would have four new homes in a row on the Model Block. 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 1, 2015 Mike Campbell, Habitat for Humanity, advised they enjoy working in Boynton Beach and they already constructed 62 homes. They could add more to MLK and continue to clean and improve the area through their Brush with Kindness Neighborhood Revitalization program. Motion Mr. McCray moved to approve. Mr. Merker seconded the motion. Attorney Duhy recommended the motion should be to enter into negotiations for an agreement to dispose of the two properties. Mr. McCray amended his motion as requested. Mr. Merker seconded the motion. Mr. Fitzpatrick noted the population of Boynton Beach and its size was 2.5 square miles which would be 4,300 people per square mile. With that kind of density, he did not believe the City should subsidize single - family homes and they should not have a Model Block Program. They should have townhouses instead. He could not see taxing citizens to give others a home. There is not enough room to go around for all to have single - family homes. They should not have a subsidized class and he would oppose it. Mr. McCray commented he passes by the property every day and it is an eyesore. The area was across from Sara Sims Park and anything that could be done to improve it would be beneficial for the community. Vice Chair Casello asked about the TIF funds they would get from the project. Ms. Brooks explained the CRA owns the property so the property is not taxed. When the homes are constructed and sold, using the average from the Ocean Breeze homes, she estimated each home would generate about $2,400 in taxes per year. Mr. Merker favored the project. Ms. Brooks explained the HOB Plan increased density in certain parts of the HOB community. They wanted to maintain single - family homes on the west side of Seacrest, increase the quality of life, and increase homeownership. They almost doubled the density on MLK and Ocean Breeze East, and the community was fine with the increase. From a planning perspective, they do need more dense development, but they have to work with the community. Mr. McCray thanked Ms. Brooks for making that point. The motion passed 4 -1 (Mr. Fitzpatrick dissenting.) B. Consideration of Renewal of Amended Contract with Waypoint Marina 11 Meeting Minutes 1 Community Redevelopment Agency Board Boynton Beach, Florida October 13, 2015 Mr. Simon explained this was the first renewal option for the above. He explained there is a relationship with the company and Brian Smith dating back to the acquisition of the fuel dock property in January 2007. Waypoint Marine was managing the property for the Related Group and the prior owner. In 2012, the CRA issued an RFP and Waypoint was selected. Their first three -year term expired in September 2015. The item is to accept the option to renew for an additional three years. Staff had anticipated an increase of $13,400 for a part-time position added to the Harbor Master building and the slip operations. The activity level has increased with the retail store inside. Waypoint Marine also was requesting an increase of $5,000 per year which was just under a 3% increase. Mr. Simon pointed out there has not been an increase over the last three years, or the contract prior to that one as well. Staff recommended approval. Motion Mr. Merker moved to approve. Mr. Fitzpatrick seconded the motion. Mr. Simon thought the contract was good. Ms. Brooks also pointed out under the addendum, the CRA's share of the retail sales increased from 5% to 10 %. The motion unanimously passed. C. Consideration of Renewal of Slip Leases at Boynton Harbor Marina Motion Mr. Merker moved to approve. Mr. McCray seconded the motion. Mr. McCray inquired what the cost of a slip was and Mr. Simon explained currently, the cost was $16 per linear foot. Slip rentals bring in slightly over $100,000 a year in income. The $16 price was in effect for three years and the price was $14 per foot prior to construction of the fuel dock. They were trying to keep the price flat until the Harbor Master building, site improvements and public restrooms were completed. The cost was slightly under the average for municipalities. Mr. Simon pointed out keeping the price the status quo due to the potential inconveniences to the tenants with the next project was appropriate. He thought they could contemplate an increase next year. He also explained there is a zero vacancy rate and a waiting list. D. Consideration of CRA Contribution to Employees' HSA Consistent with City Policy 12 Meeting Minutes Community Redevelopment Agency Board Boynton Bea ch, lri October 13, 2015 Motion Mr. McCray moved to approve. Mr. Merker seconded the motion that unanimously passed. E. Consideration of Responses to the Invitation to Bid for the NE 4 th Street Parking Lot and Street Enhancement Project Motion Mr. McCray moved to approve. Mr. Merker seconded the motion. Attorney Duhy requested the motion include the Board was selecting Rosso Site Development Inc. as the Respondent to do the work. Mr. McCray so moved. Vice Chair Casello seconded the motion. Photographs of the project were included in the meeting materials. Mr. Simon explained the lot was not a new construction project with exfiltration and drainage. It was a maintenance project. They were leveling the existing site and replacing the asphalt, reconfiguring parking spaces, and planting. There will be a bio -swale instead of irrigation, bulb -outs and road restriping. There is on street parking nearby with parallel parking. The lot will not be overly landscaped. Total parking was 21 parking spaces with nine on the south side of NE 1 St Avenue. Mr. Fitzpatrick noted there was water run -off and no on -site water retention on the site as it existed. The maintenance would alleviate this. Chair Taylor noted the motion was to award the bid to Rosso Site Development. The motion unanimously passed. Mr. Simon requested the motion include the ability of staff and CRA to negotiate the contract for construction, provided CRA legal counsel approved it, it is signed and they begin the process. Motion Mr. McCray so moved. Vice Chair Casello seconded the motion that unanimously passed. XV. Executive Director's Report: A. New Businesses in CRA District 13 Meeting Minutes Community Redevelopment Agency Board Boyn Beach, Fl October 1, 2015 Chair Taylor announced there were 14 new businesses in the CRA District which he read as contained in the meeting materials. Mr. McCray noted with the renovation of Yachtsman Plaza, there would likely be more businesses coming into the District. Mr. Simon announced they conducted the final walk- through of the Ocean Avenue Lighting Project. The lights were installed as of 10 a.m. Chair Taylor noted he and Mr. Merker were attending the FRA conference in Tampa. XVI. Future Agenda Items: XVIL Adjournment There being no further business to discuss, Chair Taylor properly adjourned the meeting at 7:53 p.m. Catherine Cherry Minutes Specialist 101615 14