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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. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 12, 2016 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. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 12, 2016 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 4 Meeting Minutes Community Redevelopment Agency Board Bo ynton Beach, Florida April 1, 2016 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 5 Meeting Minutes Community Redevelopment Agency Board B oynton Beach, Florida April 12, 2016 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. 6 Meeting Minutes Community Redevelopment Agency Board - Boy nton Beach, Florida April 1, 2016 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. 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 12, 2016 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. 8 Meeting Minutes Community Redevelopment Agency Board B oynton Beach, Florida April 12, 2016 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. 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 12, 2016 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 10 Meeting Minutes Community Redevelopment Agency Board B oynton Beach, Florida April 1, 2016 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 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 12, 2016 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. 12 Meeting Minutes Community Redevelopment Agency Board B oynton Beach, Florida April 1, 2016 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 13 Meeting Minutes Community Redevelopment Agency Board B Beach, Florida April 12, 2016 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. 14 Meeting Minutes Community Redevelopment Agency Board B o y nton , Florida April 12, 2016 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 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 12, 2016 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 16 Meeting Minutes Community Redevelopment Agency Board B oynton Beach, Florida April 1, 2016 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. 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 12, 2016 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. 18 Meeting Minutes Commuriity Redevelopment Agency Board Boy c, Florida April 12, 2016 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. 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 12, 2016 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 20