Minutes 04-12-16 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING
HELD ON TUESDAY, APRIL 12, 2016, AT 6:30 P.M.
IN CITY COMMISSION CHAMBERS,
100 E. BOYNTON BEACH BOULEVARD, FLORIDA
PRESENT:
Steven B. Grant, Chair Vivian Brooks, Executive Director
Mack McCray, Vice Chair Ken Dodge, Board Counsel
Justin Katz
Christina Romelus
Joe Casello
I. Call to Order
Chair Grant called the meeting to order at 6:30 p.m.
II. Invocation and Pledge to the Flag
Vice Chair McCray gave the invocation. Chair Grant led the Pledge of Allegiance to the
Flag.
III. Roll Call
Roll call revealed a quorum was present.
IV. Legal: None
V. Agenda Approval:
A. Additions, Deletions, Corrections to the Agenda
B. Adoption of Agenda
Motion
Vice Chair McCray moved to approve the agenda. Mr. Katz 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
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida April 12, 2016
Mr. Katz disclosed he met with the developers of Riverwalk, City staff and would meet
with members of the Intracoastal groups the next day.
Vice Chair McCray disclosed he had met with Steve Weary and his group at City Hall.
He attended Arbor Day, the Police Department Award Ceremony, and the Topping -Off
ceremony for High Ridge Landing project.
Mr. Casello met with the developer and owner of the Riverwalk project and the owner
and developer of the proposed RV Park. He had a meeting scheduled with a
representative from the Boynton Intracoastal Group (BIG).
Ms. Romelus advised she had a baby boy a few days ago. She attended a BIG
meeting and the Riverwalk Plaza meeting and found it informative. She has been in
touch with several other developers for upcoming projects and will meet with them soon.
She thanked the Board and CRA for the beautiful flower arrangement she received
yesterday. She appreciated the thought.
Chair Grant attended Arbor Day at Jaycee Park. He requested if a Board member goes
to any CRA establishment, they announce it as a great place to go. He went to the E.
Ocean Cafe and he got a wonderful haircut at TIPSY. He met with Tom McClure,
Kristine deHaseth, Isram Realty and their attorney, Steve Weary.
Ms. Brooks advised she received a call from one of the top restaurateurs in Palm Beach
County wanting to relocate to Boynton Beach at 211 E. Ocean. The individual was a
front runner in the redevelopment of Delray Beach. Mr. Casello inquired who it was and
Ms. Brooks declined to say indicating a cone of silence in economic development until
an agreement is imminent. She would advise the Board of all the details.
B. Informational Announcements
VII. Announcements & Awards:
A.. Music on the Rocks
Christopher Burdick, CRA Special Events Coordinator, announced the March 18
Concert featuring Six Foot Swell Surfband. The free event took place at the
Amphitheater from 5 p.m. to 9 p.m. attracting about 500 guests. Six food trucks from
the Food.-Truck Invasion, which guarantees the rotation of the food trucks each month
and who also markets the event were also present. The bar was provided by Carefree
Catering., There was free onsite parking. The next concert was April 15th featuring The
Intoxicators and Slip and the Spinouts playing exotica, rockability, rock and roll, R &B,
swing, country, blues and roots. The last two concerts were May 20 featuring Gravel
Kings and June 17th, the Red Eye Band.
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B.. Movies in the Park
On April 1 the CRA hosted Movies at the Park at the Amphitheater featuring the
original Ghostbusters from 8 p.m. to 10 p.m. Guests brought beach chairs and
blankets. There was free parking and a trailer of CRA District businesses was shown
before the film. Afterwards, gift cards donated by the selected CRA District businesses
and Pirate Fest souvenirs were given away through a drawing. Food and beverages
were available for purchase from on -site vendors. Attendance was about 167 people
and attendance for the March 4 th event was about 130 people. The next movie, on May
6th, will feature Labyrinth and the last movie on June 6th will feature Beetlejuice.
C. Recap 2 nd Annual Boynton Beach Blarney Bash
Mr. Burdick announced on March 11 the CRA presented the Second Annual Blarney
Bash in honor of St. Patrick's Day. The free event was held at the Amphitheater and
along Ocean Avenue from 6 p.m. to 10 p.m. Entertainment included Fire in the Kitchen,
Erin Moore Academy of Dance, Clock Work Not Work, and Blues Dragon. Retail
vendors were along Ocean Avenue, with children's activities and a super slide. A
Wearing of the Green Contest was held and first, second and third place winners were
selected. Food and beverages were available for purchase from KP Concessions and
Carefree Catering. Free parking was available and the event attracted about 2,500
attendees, about 500 more people than last year's event.
VIII. Consent Agenda:
A. Approval of Minutes — CRA Board Meeting March 8, 2016
Chair Grant pulled this item.
B. Approval of Period Ended March 31, 2016 Financial Report
C. Monthly Purchase Orders
IX. Pulled Consent Agenda Items:
Chair Grant made the following change to page seven of the minutes:
"Steve Grant, Mayoral candidate, asked how many stories the building would be and if
a traffic study was done and learned, the developer had a preliminary traffic study done_
He inquired and learned they would. hire local residents to work on the project."
Motion
Mr. Katz moved to approve the minutes as amended. Vice Chair McCray seconded the
motion that unanimously passed.
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Motion
Mr. Casel!o moved to approve the Consent Agenda. Ms. Romelus seconded the motion
that unanimously passed.
X. Information Only:
A. Public Comment Log
B. CRA 2015 Annual Report
C. Marketing and Business Development Campaign
D. Response to Advisory Board Member Questions Regarding CRA Finance
E. Minutes — CRA Plan Consolidation Workshop March 2, 2016
XI. Public Comments: (Note: comments are limited to 3 minutes in duration)
Linda Cross, 6245 Casa Loma Boulevard, Unit 601, explained she is the Chair of the
CRA Advisory Board. The Advisory Board only had three meetings and it was clear to
the members the development process in Boynton Beach was confusing. There is now
an Advisory Board as another entity. She explained the charge of the Advisory Board is
to make recommendations to the CRA Board, who in turn, makes recommendations to
the City Commission. She thought the process was convoluted and did not think
anyone understood it. There are several items on the agenda that will be discussed,
none of which have come before the Advisory Board to make a presentation or for them
to meet. She thought it was confusing for citizens and developers to deal with three
different groups as they develop the area. The CRA area needs responsible
development. Ms. Cross thought the Advisory Board needed to take an earlier role in
the project so they could make recommendations. Ms. Cross explained the Advisory
Board members just learned where CRA money comes from, what some of the projects
are, and what a CRA can and cannot do. She thought the purpose of the Advisory
Board should be made known to the public and developers so they could make good
recommendations to the City.
Mr. Casello asked if developers would appear before the Advisory Board, similar to the
Planning and Development (P &D) Board, and make a presentation. Ms. Brooks
responded they would not and the matter was discussed with Attorneys Tara Duhy and
Ken Dodge. Ms. Brooks explained there is a legal development process that the City
follows and it would put the City at legal risk to have the Advisory Board making
recommendations.
Ken Dodge, CRA Counsel, explained there is a clear distinction between the CRA
Advisory Board and the City Commission. The CRA Advisory Board is advisory to the
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CRA Board. If the CRA Board does not have any jurisdiction or review over the project,
there would be no function of the review.
Mr. Casello noted the P &D Board is an advisory board that advises the City
Commission, and he questioned why the CRA Advisory Board could not advise the
CRA Board. Attorney Dodge explained the Advisory Board could advise the CRA Board
on projects within the purview and properly before the CRA Board, but it is inappropriate
to advise on projects that are not in the CRA. Mr. Casello asked why they would not be
able to listen to a developer's idea or plan. Attorney Dodge explained there may be
times when a matter is going to come before the City Commission at a properly noticed
hearing. It would be a public hearing where the Commission may not have input from
an Advisory Board which is not in the process. Mr. Casello had additional questions,
but Chair Grant advised he did not have the floor.
Ms. Brooks clarified the development process is a legal process with steps and the City
has to perform the steps within a time certain. If the development was turned down,
developers could claim an additional process that is not in the Code was used. The
P &D Board review process is in the Code, but the CRA Advisory Board review was not.
Projects are included on the CRA Advisory Board agenda for the edification of the
members and only to let them know what the project looks like. The CRA Board does
not rece ve staff reports from the CRA Advisory Board or from City Planning and
Development. The reason CRA Board review was given to P &D was because the CRA
Board became the Commission and matters would go to the City Commission. It made
sense for projects not to be reviewed by the CRA Board on one level. Additionally,
when there was an independent Board, the Board members had to meet certain
qualifications. Ms. Brooks reiterated Attorney Duhy would be writing a memo along with
City Attorney Cherof explaining the legal risk, primarily to the City, of adding the
additionai step.
Harry Woodworth, 685 NE 15 Place, representing INCA advised last week he
attended the CRA meeting and they had issues with the process with Riverwalk. He
had five which were:
• What is the role of the advisory board?
• Why are projects going through the CRA not being reviewed by the CRA Advisory
Board?
• Does the Advisory Board represent the community?
• How do you contact a CRA Advisory Board member as there is no contact
number? and
• Who does the advisory board advise?
Mr. Woodworth requested letting them know how the process would operate, noting
significant projects were forthcoming. Riverwalk was discussed one night and one
developer indicated the City and CRA came to him alluding that the meeting held two
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weeks ago was finalized and no one was listening to the community. Mr. Woodworth
contended they were frustrated and Ocean One was pending.
Woodrow Hay, 427 NW 5 Avenue, commented the process was a little bit convoluted,
and the issue should be resolved quickly because the Board should not scare
developers away because the Board is not organized or in accord at the top level.
There are many projects in process and more coming to the City. The CRA has a great
staff that will keep the Board on track and the Board makes the final decision. There
were many issues raised when the two citizens were removed from the former CRA
Board. He suggested if the Board cannot come up with something, they should go back
to a seven - member independent board. It was also important the Board show continuity
and strength and not confuse developers or citizens. Mr. Hay commented he also
received a lot of questions and was confused himself. He recommended they speak
with the Director and Attorney not to exclude a seven - member independent board.
Buck Buchanan, 807 Ocean Inlet Drive, recommended the Board return to what it used
to be which included CRA Board review of CRA projects and not the P &D Board. When
the Board was abolished, the City shifted the responsibility to the P &D staff. Mr.
Buchanan commented the P &D Board reviews projects differently than the CRA Board,
including design guidelines and more. He thought in order to receive significant input
regarding CRA projects, the City Commission return the responsibility of CRA project
review to the CRA Board and staff.
No one else coming forward, Public Comment was closed.
Vice Mayor McCray noted sometimes individuals making comments get sidetracked and
have further questions. He suggested there is a way to let members know how to move
on. As to a seven - member Advisory Board, he advised he served on the seven and five -
member Advisory Board and they are going back and forth. The dust has not settled
with the Advisory Board that was just established. He thought they should find out what
they need to do and have a dialogue. He suggested having a meeting with the Chair
and Ms. Brooks.
Chair Grant inquired if they could ask the CRA Advisory Board what they would like to
do. Ms. Brooks explained they are going to start bringing this Board's agenda to the
Advisory Board and adding a line indicating how the Advisory Board voted on each
agenda item.
Chair Grant inquired if they could give the Advisory Board free reign on what they want
to advise the Board. He noted there were 67 questions asked from an Advisory Board
member. Ms. Brooks explained staff will produce the agenda. If the Advisory Board
wants something on the agenda, they will ask and the CRA Board will say yes. Staff is a
liaison to them, just like any other advisory board in the City with no more or less
authority.than any of them.
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Chair Grant asked if the City Commission could put items on the CRA Advisory Board's
agenda and Ms. Brooks referred the question to the City Attorney.
Mr. Casello was disappointed the issue arose about the pros and cons of the Advisory
Board. He would have liked to have had more legal direction when developing the
advisory board. He was disappointed how the issue was presented and thought it made
the Board look foolish. He held Ms. Brooks accountable. Ms. Brooks responded she is
not an attorney. The issue arose because there was discussion last Thursday at the
Advisory Board meeting about having a developer make a presentation. The scope of
the Advisory Board is not set by staff. It is set by the City Commission.
XII. Public Hearing: None
XIII. Old Business:
A. Update on Housing Trust Groups Revitalization Financing Application to
Florida Housing Finance for MILK South Site
Ms. Brooks advised the CRA was working on this project when the right of eminent
domain for economic development was stricken. The project involved piece -by -piece
land assembly on MILK Boulevard, east of Seacrest, but there are parcels within the site
the CRA does not own. Staff worked with the developer, the Housing Trust Group, and
they proposed to obtain low income housing tax credits to pay for the development of
the project, except the land. The CRA would have been paid $2 million for the CRA's
property which is adjacent to the new Family Dollar store and had contracted with
adjacent property owners to create a developable parcel.
The developer applied for the tax credits, administered through the Florida Housing
Finance Corporation. The credits are competitive and applicants must meet a minimum
score to apply. The applicant then receives a lottery number and only the best lottery
numbers are funded. Only one or two projects are funded in Palm Beach County each
year and there are 15 to 30 applications submitted from Palm Beach County. The
developer was not funded this year and many developers apply several times before
being funded. The site included a store on MLK Jr. Boulevard, some small vacant lots
and a duplex. Ms. Brooks advised the developer may return to apply for the next
funding cycle and there is no risk to the CRA. Staff signs a purchase and development
agreement spelling out the development timelines.
Chair Grant asked which option was being recommended. Ms. Brooks recommended
issuing a Request for . Proposals (RFP) /Request for Qualifications (RFQ) in June to
again obtain the credits. He asked if the process would be opened up to new
developers and if the developer has a relationship with the property owners. Ms.
Brooks responded he did, but she commented it was difficult with the prices the
landowners want.
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Mr. Casello thought this procedure was based on merit and not a lottery. Ms. Brooks
explained the first process was based on merit and the second process was based on
scoring. She clarified neither application scored high enough and only one project in
Orlando was selected in the entire State on that round. Mr. Casello noted the Housing
Trust tried twice to obtain the funds.
Chair Grant asked if the project had to be low income housing or not. Ms. Brooks
explained if not, the CRA would either have to put a lot of subsidy into the project,
including the land and millions in cash, and then the property would probably sit vacant.
Chair Grant questioned if MLK would thrive if it elevated MLK Boulevard to market -rate
housing and not use low- income housing tax credits. Ms. Brooks explained they would
have to decide to hold the land and wait for the rest of the area to improve. The CRA
was investing in the Model Block Program and Ocean Breeze East. The CRA property
is not big enough to make a big change on MLK and the CRA land only totaled 1.8
acres.
Vice Mayor McCray was happy the project would be rebid and hoped, since the
Housing Trust Group tried twice to obtain the funds, someone else would come in with a
better plan and better idea. Ms. Brooks explained staff does not specify it is a tax credit
project. Staff only asks for the plan to make it happen. Any developer can apply.
Motion
Vice Mayor McCray moved to direct staff to bring back RFPs in June. Mr. Katz
seconded the motion that unanimously passed.
B. Update on Related Urban Developments Revitalization Financing Applications
to Florida Housing Finance for the Ocean Breeze East Site
Ms. Brooks had the same update for the Ocean Breeze site and explained the CRA
worked with the Related Urban, an arm of The Related Group, who constructed Marina
Village and took over the Promenade, now known as Casa Costa. They have an
affordable housing arm, and the CRA entered into a purchase and development
agreement in October for the site located between NE 6 th and 7 The subject property
is a 4.5 acre site and they would pay the CRA $2 million for the property. At the time,
the appraised value was $1.53 million. The developer initially applied for 9% competitive
tax credits and did not receive a good lottery number. The developer also applied for
the 9% Revitalization Tax Credits and did not score high. Ms. Brooks explained they
may come back to discuss 4% credits and other forms of financing the gap of about
$2.5 million, meaning the property would have to be donated. Ms. Brooks did not
recommend giving the land away because it was one of the last whole pieces of land in
the area. She thought the CRA could issue an RFP and RFQ this summer and find
someone who would do a good job at scoring. Ms. Brooks acknowledged both firms
were .very good at what they do, but it was a lottery. She did not favor giving the
property away for free in this instance, particularly Ocean Breeze East.
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Vice Mayor McCray did not favor giving the property away, but did favor another
RFP /RFQ to move the project forward.
Mr. Casello noted this was the company's second attempt also and asked if any other
companies came forward for these parcels. Ms. Brooks responded she had an inquiry
and she advised the party the contract would end in May. She preferred the RFP /RFQ
process and had marketed the property on LoopNet. Mr. Casello noted they had used
LoopNet before and the same companies responded. Ms. Brooks pointed out there
were others, but the Board only selected the two companies.
Chair Grant questioned if Related Urban wanted to extend the contract, if the CRA
would accept any consideration from them. Ms. Brooks explained they have a deposit
now and a contract until May. If the Board wants to extend the contract, they could,
which would allow them to apply for the next round of credits. When the contract is over,
the deposit would be refunded because they do not have a deal.
Ms. Rornelus noted the two companies were chosen twice and asked what
qualifications they had that the Board chose them a second time. Ms. Brooks responded
they did not choose them a second time. The Purchase and Development Agreement
had a period of time that extended out to allow them to apply for another round of
funding, which was the revitalization tax credit. The developers applied for both
competitive, revitalization and /or other funds. The Housing Trust Group had already
exited the contract and had their deposit refunded. Ms. Brooks thought if Related Urban
approached the CRA they may either enter into a new contract or amend the existing
contract to try to obtain the funds. She favored issuing the RFP /RFQ again as it opens
the door for other developers.
Mr. Katz asked if there were any other recommendations aside from using the tax credit
lottery or giving the properties away. Ms. Brooks explained staff received many calls,
but the demographics and the rents that could be charged in the area caused difficulty.
The cost to build does not change from area to area. It is the rent that can be charged
that creates a gap. Either the CRA fills the gap by providing the property or the
developer fills it with a government program. Until there is enough synergy created
where the CRA does not have to be the catalyst, Ocean Breeze East should not be
given away. Ms. Brooks clarified low- income housing tax credits are misleading
because it uses the County's median household income which is pretty high and not the
City's. Ms. Brooks pointed out there are many such projects around and no one would
know it. The units are beautiful, use energy star appliances, have wood cabinets, tile
floors and granite. The developers have to build to a certain standard under IRS rules.
The deposit is $25,000 and the CRA earns interest on the deposit.
Motion
Vice Chair McCray moved to direct staff to develop an RFP /RFQ for June. Ms. Romelus
seconded the motion that unanimously passed.
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C. Status Update on Boynton Harbor Marina, Marina Open Space Project
Mike Simon, Assistant Director, CRA, explained this item was the final phase of the
Marina Master Redevelopment Plan that will take place in July. The meeting materials
provided a timeline from acquisition to the present and the redevelopment plan. Staff
completed the slip reconstruction, tower entry feature, the Harbor Master building, and
the final phase was the waterfront open space project at the corner of Casa Loma and
6 Street which is in plan approval. Staff has to select a contractor to bring to the Board
in June.
Chair Grant asked if the Marina boat slips are owned by the CRA and learned they
were. Mr. Simon explained there are many slips in the Marina. The CRA owns 19 slips
on the south side of the drive isle west of Two Georges. Chair Grant learned the slips
are leased and renewed annually. The Marina was designed to be commercially rented
and gradually eliminate the few private vessels that were there in 2006, replacing them
with active commercial businesses. The effort has been successful and has generated
more marine - oriented business at the Marina. The new agreements and slip rates will
come before the Board this summer and the Marina is full.
Vice Chair McCray noted there was a problem with the road and asked if the road was
fixed. Mr. Simon responded the road maintenance will be handled at the same time the
open space project will be addressed as the roadways overlap. Several geotechnical
tests were done to evaluate the reason for the subsidence and there was no breach in
the seawall. The project is a maintenance design project and not a complete rebuild of
the road.
Chair Grant commented Marina Village owns the public parking and is charging a fee.
He inquired if the CRA could do something to eliminate the fee to park. Mr. Simon
explained the Marina Village Master Association owns the envelope in which the
residential and commercial parking spaces are housed. All of the parking is contained
within the Master Association areas. The CRA owns the spaces, but the maintenance
and management of the garage and gates for both residential and non - residential users
is managed by the Marina. If the CRA wanted to subsidize the cost to manage the
public and commercial spaces as opposed to charging the public, which was considered
a year and a half ago, it could be revisited.
Currently, the authority over the garage is with the Master Association and their
decision, short of offsetting costs from the CRA or other commercial owners, would be
to charge a management fee. Mr. Simon commented it was a great success as far as
the operation of the garage and the CRA has not lost one tenant due to the charge.
There has been an increase in business. The CRA businesses do not contribute other
than Marina operations. Chair Grant asked if it could be a future agenda item. Mr.
Simon .explained it could and the charges will stop in July. It could be discussed during
the budget for next year. The charge will be reinstated in December leaving a time there
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will be no charges and that was the window when the CRA Board could decide to offset
the charge or make an adjustment.
D. Status Update on the Cottage District Redevelopment Project
Ms. Brooks explained the CRA started assembling this project in 2007. The aerial in the
backup revealed the block was large, but it had a middle piece that was not accessible
for development when it was platted. Per Statute, community redevelopment agencies
have the ability to correct platting issues. The CRA Board acquired 16 separate parcels,
and Ms. Brooks noted lots in older neighborhoods are 50' to 60' wide by 100' deep and
several are needed to do anything. They all have different owners. The primary source
of funds for the acquisition was from Bond Issuance No. 2.
Staff was trying to create a new neighborhood with a little higher income
homeownership like a Cottage District. The houses would be clumped together and
smaller with green space. Staff worked with Planning and Zoning trying to move the
effort forward, which may be accomplished through a Code amendment. Staff was
working on clearing the titles, surveying the properties and then issuing an RFP /RFQ in
late summer. Ms. Brooks explained this project was part of the Strategic Plan and HOB
update. Staff budgeted $100,000 in this year's budget for the surveys and to prepare
the property for developers to come in and give their best ideas.
Chair Grant asked if a developer would have to appear before the City Commission if
they wanted to replat the land and Ms. Brooks replied staff could replat the property for
developers or the developer could do so themselves. The CRA replatted the Ocean
Breeze West site and found it to be a lot easier. Ms. Brooks was seeking creativity from
the development community. The property is currently zoned single- family, but the
zoning could be changed to IPUD, although that zoning designation only applies to
properties up to five acres. She explained staff may suggest IPUD and up to a certain
number of acres in the CRA District. Chair Grant requested the definition of IPUD and
learned it was Infill Planned Unit Development. Ms. Brooks explained it allows for
flexibility in design. Several of the townhome projects on Federal Highway are IPUD
projects- .
Ms. Brooks agreed to bring the item back in the form of an RFP /RFQ in late September.
Chair Grant commented the RFP /RFQ would return for land banking. Vice Chair
McCray provided the history of the property and explained when it was not feasible to
have lots platted in Boynton Beach, there were shotgun homes. Residents who had
money bulked out pieces of property for a home.
E. Status Update on the Model Block Project
Ms. Brooks explained this project was included in the Strategic Plan and the City and
CRA started working on the project about two years ago. The property is on NW 11th
and NW 10th, west of Seacrest Boulevard, south of Poinciana Elementary School. The
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project consists of high quality, single - family homes appraising for about $180,000. The
CRA was buying land and the City already had lots. The CRA was upgrading
streetscapes and the Utility Department was making utility improvements on 11 and
would connect the road through to the cross street to alleviate traffic for the school. The
Model Block would stabilize the neighborhood and block with homeownership and
beautification. The CRA would close on a property that was a problem in the community
having illicit activities. Ms. Brooks explained these measures seem small, but they are
the steps to take to accomplish good things. The CRA has made a lot of progress in the
community and residents advise they have taken notice.
Vice Chair McCray explained the property the CRA was acquiring was going to be taken
by eminent domain, but the owner came as a willing seller. He congratulated staff on a
job well done.
F. Consideration of Approval of Major Site Plan Modification— 480 E. Ocean
Avenue
Ms. Brooks explained the CRA installed, a public parking lot with two electric vehicle
(EV) charging stations by City Hall to accommodate growth on Ocean Avenue. Prior to
the parking lot, there was a little old house that was in original and solid condition that
the CRA moved to a corner of a City -owned lot and made into a restaurant. The first
tenant failed and staff hired a restaurant broker, Tom Prakis, to market the property.
Mr. Richard Lucibella purchased it and would lease it to Lisa Mercado, owner of the
Living Room on Congress Avenue. The porch would be enclosed creating an air
conditioned area with more seating. A cooking hood will be installed on site. In the
Purchase and Development Agreement, the Board reserved the right to review the site
plan and make comments. The CRA closed on the property which sold at appraised
value. The purchase price was $335,000.
Jim Williams, Acevedo Williams Architects, 7700 Congress Avenue, Boca Raton,
commented this will be a great neighborhood place. The problem had been there was
not enough seating and the lack of a cooking hood made cooking an issue. In this
instance, the restaurant would be serviced from another location. Mr. Lucibella sat with
the operator of the Living Room, who would do some cooking at the Living Room, but
was also able to install a small hood, a small cook line, rearrange the bar, and enclose
the porch with a moving glass wall that would not detract from the cottage. They are
using a translucent roof panel and the reconfiguration doubled the seating capacity. It
would be a great amenity for Boynton Beach. Mr. Williams reviewed the cottage
elevations. The tin roof will remain as would the green awning. They will open the
fireplace to both rooms and the glass walls create an additional 525 square feet of
space.
Mr. Casello asked if the sidewalk was wide enough to accommodate the seating. Mr..
Williams responded it was and they will have to apply to the City for permits.
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Mr. Katz commented Hurricane Alley has a fence -type of enclosure to act as a barrier
on the edge of the sidewalk and asked if the project would also have one. Mr. Williams
explained they only discussed a separate permit for the sidewalk dining area with
Planning and Zoning and the space would meet the criteria for the sidewalk clearance.
Vice Chair McCray asked if the glass addition will be hurricane resistant and learned it
would. Chair Grant asked about the food and hours. Mr. Williams did not know, but
pointed out the Living Room got great reviews in the Palm Beach Post. Small plates will
be served, similar to the Living Room, but emphasizing the local Brew Pub. The bar
has 20 taps.
Motion
Vice Chair McCray moved to approve. Mr. Katz seconded the motion that unanimously
passed.
G. Consideration of Approval of Major Site Plan Modification — 211 E. Ocean
Avenue
Ms. Brooks explained this was another project the CRA purchased and it is the oldest
building in the City. It is an all wood home in good shape for its age built by Oscar
Magnuson. The CRA entered into a purchase and development agreement with the
Local Development Company and they submitted a Major Site Plan Modification
(MSPM) to the City on March 4 The historic structures would remain intact, but the
owner would add to the back, provide restrooms, a cooking area and a porch on the
side. She thought it was very cool concept, and 480 E. Ocean and 500 Ocean would be
the game changers in Boynton Beach.
Mr. Williams, of Acevedo Architects, explained Tom Prakis contacted him to help
illustrate his idea for the property.. The property would feature bocce ball courts in the
rear of the property, a beergarten and trellis area. The existing building. exterior would
remain intact and they were restoring the porch on the front. The existing building is
about 1,500 square feet on two floors. Another 2,000 square feet for a full kitchen with
a hood, cooler and indoor /outdoor bar and dining would be included. There would be
fire pits in the front and back and the local breweries will be included in this wine and
beer establishment. The restaurant will feature small plates and be a place to have a
meal in a comfortable neighborhood environment. Mr. Williams reviewed the building
elevation and spoke with the Historic Preservation Planner and the Planning and
Development Department and they will use historical profiles to maintain the historic
character when they restore the windows. The low metal roof in the back extends out to
the east. There will be lots of landscaping and administrative offices will be located on
the second floor.
Chair Grant asked if there would be fans or cooling devices. Mr. Williams responded
there would be fans, but no misting or cooling devices outside. The indoor dining area
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will be air conditioned and the landscaping will provide shade. Chair Grant asked if he
was aware there was a vacant lot next to the property. Mr. Williams was aware and
pointed out the driveway connects to the alley. There is separation there with a
landscaped buffer. There was a lit public pathway to the parking lot. Chair Grant asked
if the easement would be used towards the back. Mr. Williams responded there was a
residential use to the back of the property and the alley will remain separating both with
a dense landscaped barrier.
Motion
Vice Chair McCray moved to approve the Major Site Plan Modification. Mr. Casello
seconded the motion that unanimously passed.
Mr. Simon pointed out these two properties were coming before the Board for a site
plan review, not as an official body for site plan review. It was included in the contract.
When the. CRA has a vested interest in the property, it comes before the Board for a
more detailed discussion than would normally occur on a project that is outside of the
Board's purview. Chair Grant requested confirmation because the CRA owns the
property, the only reason why the CRA Board approves the site plan, was because it
was written in the contract. Mr. Simon responded it was in this case.
XIV. New Business:
A. .,Update on the Riverwalk Project — 1543 S. Federal Highway
Ms. Brooks advised there was nothing new. Comments were sent to the developer and
back to staff after the Development Application Review Team (DART) meeting. There
will be another DART meeting, but she did not know if a date was set.
Chair Grant opened public comment.
Harry Woodworth, INCA President, commented the project was scary, there was no
public input, the developer did not provide any facts to the public and it was unclear if
the project was the City's idea or the developer's. He was not sure how the project
grew from five or six stories from a year ago to the current 10 stories. He thought the
problem was the process. He contended the project was being pushed along and will
be reviewed by the Planning and Development Board on May 24, 2016. He was
concerned about a rezoning simultaneous with the site plan review because the current
zoning does not permit the proposed project, but a rezoning would. There was a lot of
concern and he asserted every avenue for public input was shut down. Chair Grant
understood the site plan has to be approved with the zoning at the same time and
explained the project would be reviewed at the Planning and Development meeting.
The P &D Board's recommendation would be forwarded to the City Commission, who
makes the final decision. Chair Grant explained the Planning and Zoning meeting would
be the correct place to make comments.
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Mr. Casello assured Mr. Woodworth the project would not be fast tracked and it would
be thoroughly reviewed. Mr. Woodworth commented in his 30 years, he has never seen
so many residents so upset.
Brian Fitzpatrick, 409 NE 1 St Street, commented he was excited about the project and
for years, there was one failed grocery store after another and loading ramps backing
up to the Intracoastal. He cautioned the Board to take some of the comments made
from alleged groups with a grain of salt about the number of members they have. Many
individuals behind the groups are not Boynton Beach residents and/or property owners.
Ms. Brooks explained this project was not moving through the development process
and the other was not moving quickly through it either. Ms. Brooks explained the CRA
does not have a fast track, nor does one exist in the Code. The Code follows a legal
process. She clarified there is a due process that has to be followed. To obtain mixed -
use zoning for a mixed -use project, the developer has to submit a site plan. There
were more meetings with the developer than she has seen in a long time. It is a
complicated project and the process has been protracted and drawn out.
B. Update on the Ocean One Project — 114 N. Federal Highway
Ms. Brooks explained the old Bank of America property was on the corner of Boynton
Beach Boulevard and Federal Highway and it is vacant. The CRA owns the corner
piece and they purchased the old motel to create the Boynton Beach Boulevard
Extension to allow Marina Village to be developed and create a public walkway to the
Intracoastal. The CRA retained a quarter acre of the land, which was appraised for
about $450,000 to $460,000. Davis Camalier, of Ocean One, owns the adjacent
property and through a letter of intent, requested the CRA sell him the land for $10.
The CRA Board approved the request and was moving through the Notice of Intent to
Dispose of Real Property process so Mr. Camalier could develop the property which is
across from Casa Costa. The required 30 -day notice is over and the matter will be on
the City Commission agenda. The CRA can dispose of the property below market
value when the City approves it. Mr. Camalier can then take his project through the
development process because the CRA, as an owner, cannot sign. off on the site plan
application until the disposal process is completed.
The project is on 1.98 acres and was proposed for 230 units in an eight-story building
with structured parking and a little commercial space consisting of 2,600 square feet.
The density was 100 units per acre. The project is under parked and staff was working
with them on the site plan and waiting to see how the parking would be resolved. The
CRA would enter into an agreement with them for items the CRA wants included. Ms.
Brooks asked if there was anything the Board wanted to be addrd to the agreement and
explained that generally, site plan approval is included when there is a financial
relationship. Chair Grant inquired if the Board could ask for green space. Ms. Brooks
explained they asked for additional public space and some of that was already
addressed. Staff asked for a public plaza at Boynton Beach Boulevard and Federal
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Highway and requested more retail because staff believes there will be a future
demand.
Vice Chair McCray. commented parking was problematic. Ms. Brooks agreed and
commented when Marina Village was built, the developer retained 80 parking spaces
and they will not relinquish them. Staff tried working with the Related Group and was
unsure why they would not allow the parking to be used. Marina Village was short on
parking because of that and citizens park on the Extension which they are not supposed
to do. If this project was short parking, she did not know where the public would park.
She thought the public would park on the rest of the Bank of America site in the interim,
but was unsure where they would park when the site was redeveloped.
Mr. Casello felt it was strange the Related Group held the CRA hostage for parking, but
wants the CRA to extend the contract for another parcel on CRA land. He commented
it did not appear to be fair.
Linda Cross, 625 Casa Loma Blvd, Unit 601, explained when the Related Group built
the garage, the 80 spaces the developer owns are on the roof. Residents could not get
to the roof, unless they could get through the gate. Rather than assign the parking
spaces to the residents from the roof down, they assigned them from level two up. The
80 spaces are worthless and were handled incorrectly from the very beginning. The
developer will sell spaces to residents because only residents can pass the gate, but
they already have an assigned space. The developer is also holding the Master
Association hostage, not the CRA, because he was supposed to give the parking
spaces to the Master Association when the building is turned over, but he did not have
to because he still owned two marina slips and Casa Costa.
C. Consideration of Interlocal Agreement (ILA) between the CRA and the City of
Boynton Beach for the CRA District Clean Program
Mr. Simon explained the item was approved in last year's budget and it has taken time
to formulate who and how these areas that were identified would be cleaned and how
often. The program will clean MLK Boulevard, NW 10 Avenue from Seacrest
Boulevard to Federal Highway, east Boynton Beach Boulevard from 1 -95 to the edge of
the Marina Village Promenade entrance, North and South Federal Highway from 2nd
Avenue north to the C -16 Canal and Ocean Avenue. The City is using some of their
vendors to address these areas three days a week, seven hours a day. Staff divided
the areas into one and two -hour blocks and the cost will be about $800 a week.
Entering into an Interlocal Agreement protects the Agency's integrity with regard to the
Statute and funding of City identified vendors and projects. The CRA budgeted $50,000
from this year's budget, which will not be utilized, but can be carried over during the
budget to a program that would continue. The Interlocal Agreement sets forth a
termination date of September 30, 2016, but provides for the agreement to be amended
with both parties approval. If the program goes well for the next four or five months and
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the CRAiwants to continue to fund the program, they can address an extension at that
time.
Vice Chair McCray asked why Barton Memorial Park was not included in the clean -up.
Ms. Brooks responded the City is supposed to clean the park. Mr. Simon explained
these were services beyond the City's normal clean up and it is a special project. Ms.
Brooks explained staff may learn they need more hours dedicated. Vice Chair McCray
asked who cleans up the bus stop by CVS and learned it should be CVS as they are
also responsible for the landscaping. Vice Chair McCray thought the area was derelict.
Mr. Casello explained the trash and litter is a concern of the citizens. The City has a
trash pick -up program and he asked why the CRA is spending $50,000 to pick up trash.
He thought the program would enable residents. It was incumbent on residents to take
care of their litter and trash. He walked down MILK Boulevard noting trash receptacles
with piles of trash next to them. He suggested teaching programs to teach residents
that if you drop trash, you pick it up.
Vice Chair McCray agreed. He noted the trash at Sara Simms and mentioned people
say employees are getting paid to pick up trash. He agreed education is needed and
people have to be accountable. Ms. Brooks explained these areas were on major
roadways in the City. When trying to attract people to open a business or live in the
area, aesthetics is important and blaming people is pointless. At some point, the
problem will change on its own because of new development and homes. South
Federal Highway .does not need this attention because they had a lot of new
development. In the meantime, it would be better to invite people to come to the area.
It is not meant to be a permanent program or to take it over for the City. The CRA's job
is to encourage investment in the area and it is more difficult if the area does not look
good. The program was approved during the budget and the City had a difficult time
obtaining pricing. She suggested implementing the program as a pilot program and
observing if there is a positive response.
Mr. Casello thought the more people, the more trash and if the program did not work,
they would expand it to more days. He did not see an end to the program. Ms. Brooks
differed and commented there was more homeownership on South Federal Highway.
Chair Grant asked if there was always this much vacant land on MLK and if trash was
as much-of a problem then, as it is now. Vice Chair McCray responded it was not. Chair
Grant commented this was his home area and there are two trash cans by CVS and by
Buds and that was all. He inquired if the vendor could give a report indicating where
trash cans or recycling bins were needed. He thought if residents did not see trash
receptacles, they would not walk four or five blocks to get to one and he favored the
program.
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Vice Chair McCray noted the problem exists in Broward County as well and they have.
people walking back and forth just picking up trash. He thought if the area was clean,
the mindset of the community may change. The program could create pride in the area.
Ms. Romelus inquired about the intention of the program. Ms. Brooks responded the
intention is to use the program until there is change in the community and people who
live in the community move or stop the behavior. Ms. Brooks recalled they put 10 trash
cans on MLK and there are two left. Vice Chair McCray explained two were set on fire.
Ms. Romelus inquired about the $50,000 for a four -month program and Mr. Simon
clarified it would cost $800 a week until the end of the fiscal year. If the CRA started the
program October 1, 2015, they would have spent the allocation. The members could
decide during the budget to cancel the program for the next fiscal year or cancel the
program during the next four months. Ms. Romelus inquired about the outcome. Ms.
Brooks explained she did not think there would be a major change in four months.
Delray Beach has a Clean and Safe program with officers on the street. They pressure
clean sidewalks and utilize "Ambassadors" to clean up. The program was edging
towards the District Clean program as the downtown evolves. She pointed out cities
and downtowns will always need to be maintained. Ms. Romelus inquired when the
project is off the ground, if they would add the additional trash cans or keep the cleaning
crew. Mr. Simon explained the funds are earmarked for additional trash cans. Ms.
Brooks believed there would be additional receptacles and some of the left over money
from this item could be carried over to fund them. Ms. Brooks explained as the CRA
District redevelops and additional residents, trash, crime and code enforcement
increases, City services become drained handling the extra services. Nationwide,
agencies try to offset and enhance City services. Money should be spent on
redevelopment, but staff has to create a place where redevelopment wants to be.
Mr. Casello questioned the timeline and the benchmark to measure success. Mr.
Simon explained if managed by Public Works, there will be a regular review of their
routes on Mondays, Wednesdays and Fridays, pictures will be taken by the City
Manager's staff and he will observe as well. Staff could measure how much extra tons
of trash is dumped. Vice Chair McCray commented when the community had the 10
trash cans, it did not make a difference.
Motion
Vice Chair McCray moved to approve.. Ms. Romelus seconded the motion that passed
4 -1. (Mr. Casello dissenting.)
XV. Executive Director's Report:
A. CRA Advisory Board Packet for 4/7/16.
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Ms. Brooks explained she will always include the Advisory Board backup so the
members could see what was discussed.
B. New Businesses in CRA District
Ms. Brooks commented a list of new businesses in the CRA District is always included
so the members are aware of them in case they want to visit them (except the
cremation business.) There are seven new businesses and staff has received a lot of
requests for space. The challenge is Las Ventanas is pricey and other spaces are
unavailable for lease or for sale. Vice Chair McCray commented cremation services are
increasing.
XVI. Future Agenda Items:
A. Consideration of Purchase and Development Agreement between Ocean
One Boynton, LLC and the CRA for 222 N. Federal Highway — May 2016
B. Consideration of Issuing Request for Qualifications and Proposals for CRA-
Owned Property Known as MILK South — June 2016
C. Consideration of Issuing Request for Qualifications and Proposals for CRA-
Owned Property Known as Ocean Breeze East — June 2016
D. Consideration of Issuing Request for Qualifications and Proposals for CRA-
Owned Property Known as the Cottage District— July 2016
E. Consideration of Approval of Contract for the Construction of the Open Space
Project at the Boynton Harbor Marina — July 2016
Mr. Katz commented two individuals spoke about the Riverwalk project depicting the
divide in what City residents feel. There are factions that think there is too much
development and some think not enough. Because the future of the City, financially
may hinge on some of the projects, he wanted all to know, as a new Commissioner, that
it was his goal to find out as much information as possible from people about any of
these projects. He will meet with some of the leaders of the Intracoastal groups, the
same way he would meet with developers, staff or residents from the west side of the
City which he represents. His eyes and ears will be open and he will take into account
the views of many people. He pointed out Commission meetings are coming up with
these projects and all should understand no one gets 100% of what they want. The
goal is the end result will be agreeable to as many people as possible.
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XVIL Adjournment
Motion
Vice Chair McCray moved to approve. Mr. Casello seconded the motion that
unanimously passed. The meeting was adjourned at 8:32 p.m.
O&W 1 4 1- iLi
Catherine Cherry
Minutes Specialist
041316
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