Minutes 01-10-17MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL ON JANUARY 10, 2017,
AT 6:30 P.M., 100 E. BOYNTON BEACH BOULEVARD,
BOYNTON BEACH, FLORIDA
PRESENT:
Steven Grant, Chair
Mack McCray, Vice Chair
Christina Romelus
Justin Katz
Joe Casello
I. Call to Order
Mike Simon, Interim Executive Director
Tara Duhy, Board Counsel
Chair Grant called the meeting to order at 6:30 p.m.
II. Invocation
Vice Chair McCray gave the invocation.
III. Roll Call
Roll call revealed a quorum was present.
IV. Legal:
A. Discussion and Review of Addendum for Waiving Splashdown Divers'
Security Deposit Required Under Slip Lease Agreement
Tara Duhy, Board Attorney, responded to a follow up from the last meeting regarding
the Splashdown Lease Agreement and if the Board could waive the security deposit
requirement. The Board could do so. Included in the back up was a lease addendum
that had to be signed by the CRA Board and the tenant that effect the change.
Vice Chair McCray moved to approve. Commissioner Romelus seconded the motion.
Mr. Katz asked about the potential implications to other tenants. Attorney Duhy
responded legally there were none because each lease is individual. Mr. Simon noted
other tenants could potentially make the same request and thought when the CRA
Board changes lease or existing agreements or grant applications, others might come
forward. Vice Chair McCray explained this was being done because of a hardship the
Board created. Ms. Simmons has been a tenant at the Marina since 2007.
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida January 10, 2017
Vote
The motion unanimously passed.
Attorney Duhy explained the second issue was to discuss whether the City of Boynton
Beach could create a housing authority within its boundaries. Her research showed the
City could have its own housing authority and the boundaries would correlate to the City
and not the CRA. It has to be created by resolution after a Finding of Necessity. The
CRA can partner with and do projects with the housing authority. She offered to draft up
a detailed memo that goes through the process, explains what the authority does
compared to what the CRA already does. A Housing Authority, in addition to having a
broader geographical district, would have an independent board with members that are
not members of the CRA Board or the City Commission. The Authority would have its
own staff similar to the CRA. They have additional powers the CRA does not have, such
as eminent domain and there are a lot of considerations. They are entitled to create
non-profit organizations and partner with other non -profits, but their mandate is slightly
different than the CRA which encourages private enterprise within a District in the City.
Attorney Duhy commented she could provide the memo in advance of the meeting so
she could answer Board member questions.
Vice Chair McCray asked if the expense for the Authority would come from the City and
learned it would. There is no statutorily mandated income source for the Housing
Authority. They can apply for and obtain federal, state and local funding. Projects within
the CRA could contribute toward and the City could contribute, but the Authority would
determine where to obtain the funds to subsidize what they want to do. The person in
charge of the Authority would report to the City, but the City would pay the Authority's
administrative and start-up costs as determined by the City. .
Mr. Casello requested further information about the boundaries and learned
geographically, it would be the City's boundaries and 10 miles outside the City,
excluding municipalities. It has eminent domain authority. Ms. Romelus and Mr. Katz
wanted more details. Chair Grant also inquired how much input can the CRA have
forming a Housing Authority and if the CRA or City Attorney could handle the task.
Attorney Duhy was certain the CRA could offer assistance to the City Attorney and, by
Statute, the CRA is encouraged to coordinate and cooperate with any existing housing
authority. Chair Grant wants the CRA to take the lead on the issue for the City.
Vice Chair McCray requested she estimate the start-up costs, which Attorney Duhy
agreed to do. She noted the CRA partnered with the Housing Authority of Delray, and
she wanted to call the Florida Redevelopment Association to obtain examples and
obtain further information and detail. Ms. Romelus requested receiving information on
accomplishments and a timeframe. Attorney Duhy explained the CRA has the authority
to do different projects within its districts that allows it to partner and create affordable
housing with non -profits such as Habitat for Humanity and the Urban League, The
memo will recite what they can do outside of the projects they have done. It would talk
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about how the CRA's existing powers can get projects done a little quicker. Chair Grant
asked if the CRA can apply for State or Federal funding when they qualify. A Housing
Authority can apply to the federal government for funds for the authority for projects that
met the qualifications of the grants.
V. Agenda Approval:
None.
A. Additions, Deletions, Corrections to the Agenda
B. Adoption of Agenda
Motion
Vice Chair McCray moved to approve. Mr. Casello seconded the motion that
unanimously passed.
VI. Informational Items and Disclosures by Board Members and CRA Staff:
A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the
CRA Board on Agenda Items
Ms. Romelus attended the memorial for Officer Crowder at Christ Fellowship Church,
offering her condolences to the City, the family and the Police Department. She met
several K-9 officers who attended to pay their respects. She attended the MLK parade
that did not occur due to the weather, but attended the Celebration of Unity, noting it
was a great event. She attended the Florida Department of Transportation meeting at
the Boynton Beach Library regarding restriping/paving from 1-95 from the C-31 canal.
The work will start the summer of 2018 and will last 18 months. The Department will
also update lighting starting March 2017 from the Lake Ida Canal, north. There will be
new lights and poles installed.
Mr. Casello attended the non -parade and thought it was terrible the weather did not
cooperate. He disclosed he had a phone conversation with Bonnie Miskel, a
representative from the Ocean One project. He announced the Farm Share Food
Distribution held in partnership with State Representative Lori Berman, taking place on
January 28th between 9 a.m. and 12 p.m., next to St. John Missionary Baptist Church on
Seacrest. Volunteers were still needed.
Mr. Katz met with JKM Development, working on properties behind Target and Best Buy
next to Renaissance Commons, and spoke to representatives from Isram Realty.
Vice Chair McCray attended the service for Officer Crowder and sent a thank you letter
to Stephanie Slater, Public Information Officer for the Police Department, commending
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January 10, 2017
the City and the Police Department on an outstanding service. Vice Chair McCray had
participated in many other memorials and services and advised he was pleased to be
part of something so spectacular as everything fell right in place. It was a heart
wrenching, but touching service and he praised her for a job well done. Vice Chair
McCray was glad they were trying to bring the trolley back because it was taken away
from elderly individuals. He thought it should have never been discontinued, but there
was a cost factor. He commented he received a phone call from Bonnie Miskel, but he
did not take the call.
Chair Grant also attended the service for Officer Crowder, attended the MLK Committee
meeting last Thursday and met with the Boynton Beach Mall operator to discuss the
trolley for next year's strategic plan. He attended Movies in the Park, the non-MLK
Parade and had a great time at the Celebration of Unity. He also attempted the two
step on the dance floor.
B. Informational Announcements
None.
VII. Announcements & Awards:
A. Movies in the Park
Mercedes Copans, Marketing, Events and Economic Development Assistant, advised
Movies in the Park resumed last Friday featuring The Secret Life of Bees, to celebrate
the month-long celebration of Dr. Martin Luther King Jr. Only about 85 to 100 people
attended.
The next Movies in the Park is scheduled for February 3rd, featuring Cirque du Soleil
Worlds Away from 7 p.m. to 9:30 p.m. Food and beverages will be available from local
venders and attendees will be entered in a drawing to win gift certificates to local CRA
merchants.
B. Celebration of Unity
Ms. Copans advised this event took place on Saturday, February 7th, but there was
adverse weather with the cancellation of the parade, the turnout was significantly
affected and only about 100 people attended. Despite the turnout, the event was
successful from the free children's activities and rides, to dynamic musicals,
performances and speakers. She invited all to check out the CRA page to view great
photos taken by Charlie Crawford.
C. Music on the Rocks
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The next event will be on Friday January 20th. Music will be provided by Spread the
Dub, a reggae band infusing soul, funk and rhythm and blues. Food and beverages are
available for purchase from the Food Truck Invasion and Professional Concessions, Inc.
The event takes place from 7 p.m. to 10 p.m.
D. Kinetic Art Exhibit and Symposium
The third biennial International Kinetic Art Exhibit and Symposium will take place on
February 4th from 9 a.m. to 6 p.m. and February 5th from 10 a.m. to 6 p.m. The Opening
Reception on February 3 d is by invitation only. The event will take place in the City's
downtown and cultural districts, Civic Center, City Hall Chambers, and Ocean Avenue
will be used to display indoor and outdoor kinetic exhibits, symposium presentations
and other types of kinetic art. There will also be live music, a food court and
opportunities for attendees to interact with the artist. She invited all to look for
information coming to the CRA website, noting it was already on the City's website.
Vill. Consent Agenda:
A. Approval of Period Ended Dec. 31, 2016 Financial Report
B. Monthly Purchase Orders
Ms. Romelus moved to approve. Vice Chair McCray seconded the motion that
unanimously passed.
IX. Pulled Consent Agenda Items:
None.
X. Information Only:
A. Public Comment Log - None
B. Marketing and Business Development Campaign
C. CRA Advisory Board Agenda — Jan. 5, 2017
D. Minutes — CRAAB Meeting — Dec. 1, 2016
E. Signage — Marina Businesses Open During Construction
Chair Grant wanted an update on this item. Mr. Simon provided pictures representative
of the signage developed and placed at the Marina at the Board's request indicating
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access to slips, Two Georges Restaurant and that businesses were open. Staff placed
six Business Open signs on existing poles in the Marina area and under the directional
arrow sign. Vice Chair McCray asked Lynn Simmons if it helped. Ms. Simmons
responded they were beautiful signs and they exist, but it did not help her.
XI. Public Comments: (Note: comments are limited to 3 minutes in duration)
Michael Corbit, Director, Business Development, Career Source, Palm Beach County
commented they held a Career Expo in May at the Community Center which was
successful. He met with the CRA Advisory Board and the Board and staff and they are
beginning to identify projects to work on. The goal is to create jobs for Boynton Beach
residents with these project initiatives. They want to hold a Career expo in March at the
Sims Center and CRA staff was reviewing dates. Career Source has a youth
department and is looking to provide an intern for CRA staff at no charge. They try to
find an intern to work with small businesses in Boynton Beach and focus on Social
Media as many businesses cannot afford to hire someone to work on a website or
social media for them and Career Source is looking to find an intern to handle those
tasks and rotate amongst the small businesses in Boynton Beach.
Vice Chair McCray asked how the Career Source would be advertising this because
there are many amenities in the City and due to poor advertising, results in a poor
participation rate. He specifically referenced the event to be held at Sara Sims. Mr.
Corbit explained Career Source and the CRA will promote the event jointly and Career
Source has an individual that is very effective with social media. They will be able to
track individuals coming to the events. The Career Expo held last May had 35
companies and there were 125 job seekers. They placed 60 to 70 people in jobs at the
event and they will have flyers.
Harry Woodworth, 685 NE 15th Place, asked about the status of the Welcome Boynton
sign that was smashed a few months ago. He thought it was embarrassing for the City
to have a sign on a major entryway broken. Mr. Simon explained it is City property and
the sign was completed by the CRA. They are in the process of finding a contractor
through the bid process.
Alexandra Wilson, 1202 NW 5th Street, explained last week the community brought
forward an initiative for the redevelopment of Sara Sims Park and was told once the
illegal bikes stop being ridden in the park, they will get a date. The information was
delivered to the community and there have been no bikes in the park for a week to a
week and a half. The community wants to know when the City will start redeveloping the
park and have been emailing and getting different stories. Recreation and Park
indicates it will be redeveloped and the CRA indicated they would not forward. She
requested a clarification. Chair Grant commented they will have to get back to her and
the CRA does not fund municipal buildings or parks. Public Works was handling the
matter. Chair Grant also noted the City was replatting Sara Sims Park to continue to
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NW 2nd Street to build houses and reduce the size of the Park. The Park may or may
not be developed.
Vice Chair McCray explained the City will reduce the size of the Park, but they cannot
yet provide a date. The City Manager will have to contact her to a give a date and time.
One reason nothing was occurring at Sara Sims was because of the dirt bikes. When
the City is assured the bikes will not be ridden there, there will be some movement on
the Park's development. Ms. Wilson advised the community wanted to discuss some
type of development so they can ride their bikes in the community. They have reached
out to the community to stop riding them in the Park, and they are now riding them in
the street. They need some type of control and safe riding area and want to work with
the Board to develop a facility where people can ride the bikes. Vice Chair McCray
commented he met with the City Manager on the matter and she will meet with the
Police Chief. Delray has something in place they will check for Boynton Beach so there
will not be a safety hazard and the City will not be sued. Once it is solved, they will get
in touch with her. Vice Chair McCray recommended Ms. Wilson convey to the
community the City Manager and Police Chief are investigating what will happen and
how to alleviate the problem. When a decision is made, they will contact her and Vice
Chair McCray as the representative of the District.
Minister Bernard Wright, advocate for the Heart of Boynton, 713 NW 2nd Street, spoke
with Mr. Simon about redeveloping Boynton Beach. One priority is the redevelopment of
Sara Sims Park. He thought it was not a problem to have three and four wheeler bikes
there because it has dirt and when grass is installed, bikers will not ride on it. He
commented the Park needs to be developed. He also spoke about the upcoming Robert
E, Wells event and wanted to engage the CRA to help with the celebration by doing
what he was doing for the last few years, giving out hamburgers, hotdogs and
information about the area's history. He thought there should be a platform for people
to come and speak about what the CRA is doing and planning. He commented the
Celebration of Unity did not have a good turnout, not because of weather, but because
there was no communication or respect. He questioned what unity was and asserted
there is another state of mind white individuals have about the community. He
commented as an advocate, he knows the state of mind of his people and of a historical
character. Red eveiopment/revitaIization is about history. He thanked Vice Chair McCray
and explained it is about the people's agenda and he is with the people. He commented
the community will see revenue, entertainment, children and adult engagement in the
HOB. He thought the HOB was a long neglected area and one of the biggest items was
lighting and Sara Sims Park was on the agenda. He advised the City will have a
proclamation on February 7th which Mr. Adams was drafting and there would be a
celebration the following Saturday. He wanted to coordinate for next year and have
something real big.
Lynn Simmons, Splashdown Divers, slip 13, thanked all for the consideration and
advised Mr. Simon got the signage done quickly, but the weather has been horrible.
She understood completion of the Marina should be January 291h and asked for an
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update. Mr. Simon explained the project manager advised there should be substantial
completion by the end of January. They were paving today and the site has really
accelerated. Irrigation, lighting and electrical will be underground and then the
landscaping will be installed, barring inclement weather or severe storms. Ms. Simmons
asserted he had a leak and advised the gossip at the Marina is the work would be
completed by Easter.
Mr. Casello asked if the contract was written the contractor could be fined for not
completing the work on time and learned it was.
Susan Oyer, 127 SE 14th Way, asked about cigarette containers on Ocean Avenue and
felt there should be some installed. She noted there are garbage cans but no smoker
outposts. She thought they were not that expensive and something should be done to
alleviate the matter. She recalled there were signs on the corner of Ocean and Seacrest
when there was a movie and they could be used again. She is on Twitter and follows
the City, but never sees anything about CRA events except Pirate Fest. She questioned
why the City was not working with the CRA to publicize events. She noted there were
6,000 followers on Twitter and thousands on Facebook and thought the City and CRA
should share publicity for events. She asked if the Movies in the Park and Music on the
Rock were on the marquee by City Hall and recalled it had been done in the past. She
asked what was being done with the round building with the dolphins on it by the water
tower and if it was a catchment basin and if it was completed as it looked like an
incomplete art project, noting it was not brought before the Arts Commission. She had
heard they may install special lighting on the tower. She commented her favorite piece
of art is the Bloomer Tree which was damaged during the Hurricane and is now fixed
and back on display.
No one else coming forward, Public Audience was closed.
Ms. Romelus requested a status report regarding the sign on Federal from the City
Manager and Assistant City Manager, Tim Howard.
XII. Public Hearing: None
XIII. Old Business:
A. Status of the Ocean Breeze East Project
Robby Block from NuRock, 8794 Boynton Beach Boulevard, gave an update on Ocean
Breeze East. He advised the application took a 20% hit in tax credit equity which is
what they sell tax credits to investors on, based on the new president and his plan for
corporate tax. it has a little effect on the project, but it was something they could
overcome. In addition, Steve Auguer, Executive Director for the Florida Housing
Finance Corporation (FHFC) for 12 years stepped down unexpectedly over the
Christmas/New Year's break so there is some shuffling and turmoil among staff. It is a
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gubernatorial -appointed position. The application is currently outside of the funding
range. They appealed with FHFC and hired an attorney and filed a formal petition
against FHFC and their scoring and ranking methodology and will go before a Division
of Administrative Hearings (DOAH) judge in February. There are two other appeals filed
which could alter the rankings and positioning of the SAIL awardees and the 4% tax
credits. Another potential issue for awardees of the tax credits is the financial downturn
in the tax credit equity. Some applications were priced at $1.15 and they are now
priced at 93 cents in tax credit equity which is over a $3 million equity hit to the project.
He anticipated people may withdraw applications and they can get back in the funding.
NuRock must address the contract, which has a closing date the end of February, but
FHFC won't approved the rank applications until the beginning of February and it will be
delayed if the petitions go forward. The initial closing date is February with one, six-
month extension. He did not know how to proceed, if they should request an extension
on the current contract, or see how it goes in February, and then extend it after
February.
Mr. Casello asked how many applications were submitted for the 4% tax credits and
learned there were three applications in Palm Beach County. His application ranked
second based on the new leveraging calculations which FHFC implemented at the last
second before applications were due. Previously they would take the top 80
applications, discard the 20% remaining applications and rank them in leveraged order.
This time they took four applications at a time, ranked them and put them in different
tiers and they came up second. Mr. Casello asked how successful NuRock has been in
the appeal process and learned they have appealed in the past. Mr. Block advised they
feel very confident. They submitted the application before Christmas, had a pre -meeting
with FHFC and their attorneys and they referred NuRock to DOAH because they came
in before the other two complaints were filed. He expected to appear before DOAH
within the next two or three weeks and the judge has 45 days to make a
recommendation. It would also hold up the Board approving the current rankings that
are in place. Mr. Casello recalled the 4% tax credits and the rosy picture painted, and
now a new President and the economy comes into play, and the application is ranked
second and they have to go through an appeal. Mr. Block commented as far as a rosy
picture, he looked at the other applications and their numbers and they are upside, but
FHFC's process allows for the allocation of credits and then the developer goes to credit
underwriting and have their calculations approved. In this round, a developer can
withdraw an application without penalty. In the competitive 9% round, if an application
is withdrawn, they lose a $25,000 deposit and points deducted from the developer's
experience. Mr. Block believed with the loss in equity, there will be applications pulled
placing their application in the funding range.
Mr. Casello thought there would 40 or 50 applications competing. Mr. Block explained
they requested a lower purchase price than the 9% applicant that made a presentation
to keep NuRock's leveraging numbers down. The project that came in had less units to
spread the costs across and with the purchase price of land was over $26,000 per unit.
Mr. Block conservatively estimated those projects are upside down $3 to $4 million
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before the tax credit dropped. He did not know how they would make their deal work.
Mr. Block explained they file the motion, go through the process and see what happens
if the board wanted them to continue on in the process.
Vice Chair McCray noted the contract was to February. He could wait, but wanted to
revisit the item then. He commented in the past, it failed each time. Mr. Block explained
it is a competitive process and fund a 100 unit deal would not occur.
Chair Grant noted if Mr. Block wanted to extend the contract, it is non-refundable $5,000
and asked if he would want to renegotiate it in another month. Mr. Block commented if
they do not have confirmation they have financing, they cannot do the closing extension
and pay the fee. They would just want to extend the closing date. Chair Grant asked if
he wanted to extend a month or three months without paying the extension fee. He
thought Mr. Block could appear next month as he would have more information. He
agreed the next meeting was in early February and NuRock should have more
information where FHFC was going.
B. Consideration of Community Benefits Agreement between the CRA and
Ocean Breeze Housing Partners, LP (NuRock Development Partners, Inc.)
for the Ocean Breeze East Project in the Heart of Boynton Tabled 10/10/16
C. Status of the 2.97 Acre Project Site Known as MLK, Jr. South
Mr. Block explained the initial deadline was December 8 and FHFC pushed it back to
December 30. There are multiple parcels involved in the project and NuRock worked
with the sellers. The application was due December 30th and he finally received signed
purchase contracts from two landowners on December 29th at 10:30 a.m. They had the
full package ready to go and submitted it that night in Tallahassee. Currently the
application is in their review cycle. FHFC has not released any information about the
applications from the State. Mr. Block was personally aware of six applications from
Palm Beach County, but the City's application has the local government preference,
which should trump any other deal in Palm Beach County assuming there was no other
Local Government Preference contribution. Mr. Block commented the application would
go to FHFC in March for scoring and ranking. The timeline for that contract was still
valid as the closing date was June 30th
Vice Chair McCray did not feel good giving NuRock the contract for Ocean Breeze East
and the MLK. He had two parcels tied up in the district. They were waiting for him to
bring something to fruition, but each time he hears from NuRock, something has
occurred. He can wait until June 30th, but after that, if the company cannot produce, he
thought the Board should move on. Mr. Block explained it was not NuRock causing the
delay, rather it was FHFC with their timing and rules. One requirement was to have site
control for a minimum of six months post the application deadline. Vice Chair McCray
understood, but it was the company that came before the Board.
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Ms. Romelus recalled discussing whether or not municipality involvement was good or
bad. She asked what the result was. Mr. Block explained someone challenged the rule
in itself which went through the DOAH. The judge was supposed to rule prior to
Christmas and they have not heard anything further. He thought FHFC would prevail
because it was done last year in Duvall County and no one challenged it, but he did not
have enough data yet. The reason for the tax credit is to build affordable housing.
Chair Grant thanked him and looked forward for his being here.
D. Consideration of Community Benefits Agreement between the CRA and
Heritage at City View Housing Partners, LP (NuRock Development Partners,
Inc.) for the 2.97 Acre Project Site Known as MLK, Jr. located in the Heart of
Boynton Tabled 10/10/16
E. Presentation of Site Plan and Request for Financial Incentive for the CRA
Owned Property Located at 222 N. Federal Highway
Mr. Simon explained staff needs approval or direction on the site plan as part of the
Agreement for Sale and Purchase, which will come before the Board. It is part of the
approval and disposal of property for the CRA.
Bonnie Miskel, representing the Ocean One Plan, explained her client owned the site
for 20 years and a site plan was prepared just before the crash and equity money was
not available, the project was shelved. .
An aerial of the property was viewed. The subject site was bounded by Boynton Beach
Boulevard on the north, NE 6th Court on east, Federal Highway on the west and Ocean
Avenue on south. The site has two parcels. The CRA owns a strip of property on the
north side while the majority of the site is owned by her client. The project would be a
two phased project. A master plan was viewed. Phase I was being processed through
the site plan approval process and had a lot more detail. Phase I was on the north half
of the site which was on CRA land, and was a mixed use project with 231 residential
units for apartments and 8,575 square feet of retail which wraps the project on Federal
Highway and Boynton Beach Boulevard. Retail space on Federal Highway on the west
side of the parking structure has a gym and retail in three other spaces including the
northeast corner of NE 6th Court and Boynton. They are premature to know what other
retail will be there other than a gym and had interest from some restaurants and she
believed it be one of the key elements as it related to retail.
The property is an eight story tower building. Some interest was expressed on a taller
building, but if going over 85 feet, a significant cost is incurred. Currently, the market is
supportive of the eight story building. The parking structure is on south side of the
building, and is wrapped by occupied units, but there are seven floors of parking. The
proposal includes a public parking component as well.
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Phase II is primarily on Ocean Avenue and the south portion of the property. Two
principal uses they expect was a hotel use and a condo that may be taller than eight
stories as there are nice views from the southeast corner of the overall site. There will
be a public plaza courtyard component in the center including 50 public parking spaces.
There are scrivener's errors on the data sheets, but there are 50 public parking spaces
for Phase I that will be located on the ground level and on the lot as depicted on the
master plan. They were asked to install on -street parking on Federal Highway and NE
6th Court and they will be used for commercial and public parking. The units are studios
with a few three bedroom units with most being one bedroom and one bedrooms with a
den. The parking requirement for the entire project is 413 spaces and the 50 spaces for
public parking brings the Phase I parking total to 463 spaces. Attorney Miskel advised
they have to clean up some of the impacts of the changes made. A graphic to show
what ground level parking will be was viewed. The site for the Phase II project until
construction will be a green open space area. They will be used for commercial uses,
and some spaces for residential, but most of the residential units will be located on the
upper levels of the parking garage. There is a first level amenity deck with a pool, and
there will be a gym and club rooms for the residents. The upper levels are all residential.
She reviewed the south elevation from Boynton Beach Boulevard and Federal Highway
pointing out there will be a retail restaurant likely to be located on the corner and there
will be some sort of artistic amenity on the corner to identify one has arrived at the
intersection. The amenity deck was on the ground level. They wrapped the garage so it
does not look like a garage. There was a request for a bus shelter, which they
incorporated into the side of the building to make it more attractive.
Vice Chair McCray noted 50 parking spaces were included in Phase I and asked if
Phase II will have 50 parking spaces and learned they would. Attorney Miskel
explained they reserve the right to relocate the 50 spaces as they construct phase 11.
Chair Grant asked how long between Phase I and II. Attorney Miskel explained the
Code in Boynton was different than other downtown urban Codes. The City's parking
rates do not allow the applicant to conduct a study to show how mixed uses generate
fewer cars. The goal before Phase II is to revisit it with staff. They believe there will be
empty spaces on the upper residential level of the parking garage. Between Phase I
and Phase II, they would like to move gate on the ramp heading to the second level and
move it up in parking garage so when they get to Phase II the 50 spaces are always
available. Staff acknowledged an urban form that allows them to consider the options
were something other cities were doing. They will find a way to have the parking
available.
Chair Grant asked about the timeline between the different phases and learned Phase I
needed to be open and occupied for a while before they start with another residential
tower. The hotel may come in sooner because there has been interest. Chair Grant
commented he cannot give the land away. He commented he could not do anything
about the DIFA without knowing about the hotel and when Phase II was coming
because there is the possibility it will never occur. Attorney Miskel commented that was
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the purpose of splitting the project into phases. The developer will include in Phase I
public parking and an open space. The CRA parcel on the north side of the site is not
large enough to develop a building and park, but staff envisioned it to be a public space.
When Phase 11 comes in, the applicant will replace what they take away and give a
public courtyard. The project hit the City's targets in several ways addressing public
parking, open space and the Transit Oriented Development (TOD).
Chris Brown, of Delray Beach, advised he moved to Delray 25 years ago and was the
CRA Director between 1991 and 2000 and since then, his firm provides many services
to many cities, as well as managing the CRA in West Palm Beach. Mr. Brown had
observed that every successful urban city has a street that defines the downtown.
Delray has Atlantic Avenue and Ft. Lauderdale has Las Olas. He commented it would
be Federal Highway for Boynton Beach. He commented Boynton Beach Boulevard
does not define the City and Ocean Avenue does not define it yet. He commented the
have a street they are trying to renovate and make a downtown and there is no more
important land use than housing. Retail is not needed in the beginning as housing is
needed to attract residents to the shops and cafes and create a walkable City and this
project represents those attributes.
Mr. Brown thought if an applicant was asking for an incentive, they have to meet goals
and objectives of CRA which were in the Redevelopment Plan, the Downtown Master
Plan and the Federal Highway Corridor Plan. The project meets the goals as they
create on -street parking on Federal Highway. He noted Federal Highway is owned by
the Department of Transportation (DOT) and they do not want on -street parking, but he
negotiated it on Atlantic Avenue from Swinton to 1-95, and they kept on -street parking
and it helped retail. They decertified the DOTs road from Federal Highway to Swinton
and it saved Delray as it is no longer owned by DOT. He commented they spent a lot of
money in making this a walkable project. It is surrounded on all four sides by wide
sidewalks, streetlights, and underground electric, which was another objective. There
are outdoor plazas, cafes, dining areas and restaurants. He learned that restaurants
would be the retail that would make the downtown in Delray. He recruited 20
restaurants, some of which are still there such as DADA, 32 E and City Oyster. When
someone comes in to ask about Boynton Beach and Federal Highway, he
recommended they consider outdoor dining as he would not want any restaurant on
Atlantic Avenue to not have outdoor dining. Those that did not have outdoor dining do
not do very well.
Structured parking in an urban environment was another fulfillment of the Master Plan.
He commented this should be included in every project included in an urban
environment, with the exception of a small townhome project. Mr. Brown explained the
economic impacts were included in the meeting materials. When both projects are
finished, there are 308 permanent jobs which come from the management of the
apartments, condos, hotel and the retail. The first phase of retail is over 8,500 square
feet. He noted 32 E has 74 employees and restaurants have enormous employment.
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He thought combined with consumers and retail expenditures. The project would add
about $40 million into the local economy.
Vice Chair McCray asked if they would hire local contractors and workers, noting their
slide indicated there would be 815 construction jobs and learned they did this for
Pompano Beach. The Pompano Beach CRA has a program where they get local
contractors to hire local workers. They sign contracts with them. There was a Marriott
Hotel built and they placed 64 workers in jobs. They essentially run an employment so
the contractors, subcontractors, property managers, retailers and all else on the
property to be local. They have an employee they would send from Pompano to run the
program in Boynton Beach.
Phase I has 231 residential units and over 8,500 feet of retail. Phase II has more
residential units and a hotel and about 5,000 square feet of retail. He noted the extra
things involved in the project total $6.5 million, and commented they would like some of
the money back which was TIF funds they would request. He commented there would
be 50 public parking spaces in the garage and on the surface at a cost of $1.1 million.
They would spend about $700 thousand on the perimeter of the site and making it a
walkable community. Mr. Brown thought if there was no walkabout community there
would not be a successful downtown. He commented Delray Beach does not have a
vacancy rate and has a waiting list on nearly every apartment building because people
want to walk to where they are going. Millennials who rent apartments are not about the
car, it was about a different lifestyle. He noted Boca Raton developers are moving to
Delray. He reviewed a slide depicting they will spend about $700,000 on the perimeter;
$293,000 on water/sewer connection fees, $500,000 for FPL relocation; $28,000 for
utility relocation; and an upgraded garage exterior facing Federal Highway and NE 6t"
Court costing $500 thousand, a linear retail shell at a cost of $240,000, Florida Green
Building design for $500,000; County impact fees at $1,573,622 for the schools,
transportation and parks and the City impact fees all of which totaled $6.5 million.
The applicant was looking for $4.2 million and provided an 8 -year and a 10 -year model.
They preferred to use an 8 -year model. He noted 500 Ocean has a 10 -year model. Mr.
Brown explained they were not only providing public parking in the first Phase, but
public parking in Phase Il.
Mr. Brown explained the Phase II cost to the developer was $5.08 million. He reviewed
the various costs as contained in the presentation such as public parking and a public
plaza. He commented there is no better use in a downtown than a hotel, as guests
want to go out and spend money. They want to build an extraordinary lobby, to attract
pedestrians and make it an attraction. He explained they were requesting $3.6 million
for the second phase in an 8- or 10 -year payout model. He pointed out funds were
based on calculations of what the tax revenues will bring, but the CRA will payout based
on what they actually do.
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Vice Chair McCray asked Mr. Simon about the 10 -year model and if they have the funds
and learned the CRA did. The funds would come from the Tax Increment Financing
(TIF) that is generated from the project itself and there are future TIF revenues they will
share. The developer would receive 75 % of the TIF generated for the year and the
CRA would get 25% in the future.
Mr. Casello understood the developer needed the CRA parcel for the project and asked
if Phase II was never developed, it would be turned back into a public park.
Attorney Miskel explained if Phase I did not go forward timely, they can craft language
which would require the developer to build public plaza enhancements on CRA land.
The other possibility, if Phase II did not occur timely, was the developer create an open
space in Phase 11 so when Phase II is constructed there will be a substantial public
plaza and courtyard component. Either way the CRA is covered either on Phase I or II
but when Phase I is constructed, it will be on Phase II until Phase 11 is constructed Mr.
Casello like the design of the garage.
Mr. Casello asked about the $125 million economic development benefit. Mr. Brown
explained the have a certified Economic Development specialist on staff and they have
computer programs that make the calculations.
Ms. Romelus asked what the projected revenue on the project property would be and
learned Ms. Harris, CRA Finance Director has determined the projected total was
$3,951,280. This used the anticipated millage as goes forward through the years over
the course of the TIF agreement. In year 10, the total goes to $6,268,623 at about
$500,000 and $600,000 per year, would be created for the CRA if the Board obligated
itself to a percentage payback over the 8 or 10 years according to the agreement the
Board makes. Mr. Simon agreed to provide a copy of Ms. Harris' calculations to Vice
Chair McCray.
Chair Grant noted the TIF Casa Costa required retail and asked if they would fill the
retail. Mr. Brown explained if you build retail, which must be included in mixed use, it
takes about one year longer to fill retail than residential. It takes time to make tenant
improvements after they receive the Certificate of Occupancy on the building by about a
year. Chair Grant noted the Promenade offered retail below market value to get it filled
and asked if they would do so. Mr. Simon pointed out this is a condition for receiving
TIF. Mr. Brown and Attorney Miskel thought it was unfair. They are willing to offer retail.
Mr. Simon explained if retail is not filled at the time of the TIF request to begin receiving
TIF. Attorney Miskel asked what constituted filling retail as they had 8,575 square feet
and multiple bays. The gym will be open immediately. Chair Grant noted they had four
spaces, not including the gym and he would consider it filled if two out of the four
spaces were filled.
Attorney Misekl agreed to work with staff to see if there was something acceptable to
come up. Mr. Brown noted one disadvantage was the Planning Department's request
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for shallow retail. Chair Grant commented the space of retail does not make sense. Mr.
Brown commented they could lease it to the CRA for community exhibits until the
project was fully operational.
Attorney Duhy received clarification about the table on the slides which indicates the
CRA TIF/DIFA and rebate was the amount they would receive and the correlating
column of rebate is the percentage and learned it was the percentage the CRA would
receive that tax year and the amount the developer would receive. Chair Grant asked if
that was an estimate or what the property appraiser would do. Mr. Brown commented it
was a conservative estimate. Chair Grant asked about public parking, noting Marina
Village has paid public parking at certain times. He asked if there would be paid parking
during events. Attorney Miskel explained it was up to the CRA or City, if they wanted a
meter roll out. Mayor Grant asked when year one would begin and if it was when the
Certificate of Occupancy was received or when the site plan is approved for year one.
Mr. Brown explained year one was when they CRA receives a check from the County
from the project. There is always a lag. If a Certificate of Occupancy is given in 2018, it
is appraised in 2018 and on the tax bill in 2019 and the CRA receives a check in 2020.
Mr. Simon explained evidence of that would be required before disbursing payment for
that year.
Mr. Katz commented Phase I and II is an issue and he did not know if there was a way
to get more assurances regarding Phase II and a hotel. With regard to TIF, they need
some assurances it will be pursued to ensure it is not a two or four year delay between
the completion of the first phase is completed to the start of Phase II. Attorney Miskel
explained there was interest from two hotel developers and there were no other
discussions with a residential developer for the condo. She noted here Delray has the
Hyatt downtown, Boca Raton had a soft opening of another Hyatt in their downtown, so
other cities are getting hotel site plans approved as did Lake Worth about three or four
months ago. The market seems to be stronger today, contingent on availability of
money and funding. Attorney Miskel's client is very interested in getting a hotel
developer because they believe it is the right use for the site. It works well with Phase I
and II. There has been an effort on her client's teams who have real estate experts and
brokers who are confident. It was why they separated the incentive package into two
packages. They think it is the right use.
Chair Grant opened public comments.
Linda Cross, 625 Casa Lomb Loma Boulevard, Marina Village, thought there was a
discrepancy with the 50 public parking spaces for each Phase II totaling 100 spaces.
Mr. Brown confirmed it was. She thought when looking at 231 units in Phase I and
Phase II had about 118 units, the total was 349 units. She commented Marina Village
has 349 units and they have over 700 spaces in the garage, 120 of which are devoted
to the CRA and they are bursting at the seams. The concept millennials do not drive is
untrue and they have more than one car. They have all the on -street parking available,
but the Marina Village tenants have two cars, but only permitted one space. She
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implored them do something about the parking. She noted Phase 1 had 413 parking
spaces and she did not know how much parking was included in Phase il, but adding
100 parking spaces to Phase I was 513, still 300 less than Marina Village has now. She
thought there not enough parking and there is a significant parking problem. She also
commented the TIF funds were money the CRA would have in the future to spend on
other projects. She noted the Board could be giving away other projects for this project.
She thought the amounts the developer wants for DIFA was to pay for items every
developer has to install. She did not see the developer giving the CRA any more value
for the amount of DIFA they are requesting.
Harry Woodworth, 685 NE 15th Place, agreed with Ms. Cross about parking. He
explained there is not enough parking and it will be a mess. He commented the TIF
funds come from Sara Sims and other places and if the CRA provides $500,000 for the
next 10 years, it was funds not spent somewhere else. The City has a terrible track
record regarding TIF, citing Casa Costa, and all they were told that would happen did
not happen. He commented the space will never be rented as 10 years went by and it
still has not worked. He emphasized it does not work. The parking did not work at Casa
Costa, Las Ventanas or Marina Village, nor did the retail and he questioned why the
Board was repeating itself. He asserted the best real estate agents cannot rent un -
rentable properties. He thought they should scale the TIF and add deliverables. He
thought TIF should be proportionately paid based on the number of retail spaces rented.
He explained if performance dollars and time defined in a project, the project does not
get done. He inquired if Phase II included performance measurements, timeline or
costs associated, because if not, the project will not get done. What is rewarded gets
done. He urged the Board to determine what it wants because if they do not, the project
will not happen.
Buck Buchanan, 807 Ocean Inlet Drive, discussed a comment made by Mr. Brown
which was cities are defined by streets, such as Atlantic Avenue, Delray Beach,
Clematis Street, West Palm Beach, and Las Olas in Ft. Lauderdale. He commented
Boynton Beach will be defined by Federal Highway, which was not a street. It is a
highway that is big, difficult to cross and one reason why the Woman's Club does not
get more action because there is parking across the street. He did not think Federal
Highway would be the defining street as it is a defining gateway from the north and
south, which should be beautiful because of that. He thought Boynton Beach Boulevard
could be more of a defining street unless they made Federal Highway two lanes. He
wanted the Board to take the TIF funds and invest it in parts of the City that will work
better together.
Lisa Browne Banic, 720 E. Ocean Avenue, Coastal Towers, commented she was a
newly appointment member of the Recreation and Parks Advisory Board. She is a
single mother and wanted to share her opinion on the project and other similar projects.
She speaks on behalf of parents of young children. She hoped as the Board makes
decisions they consider there are many families with young families who live in a one to
two-mile radius of the project, who lives there because they want to be close to nature
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January 10, 2017
or traffic. They do not want more traffic or storefronts or street destinations. They are in
Boynton Beach not Delray or Ft. Lauderdale. They like the small neighborhood
environment where children can enjoy the beach and park neighborhoods. She
requested they consider who lives in the City and why they moved to the City.
Residents want what they already have. It needs to be safe. She did not want the
Board to look at the opportunity for the wrong reasons because many citizens who want
to be here and may not want to if the focus is on this type of development.
Linda Cross, 65 Casa Loma, Unit 601, commented there was still a discrepancy with
the parking spaces. Attorney Miskel commented the Phase I required parking is 413
spaces per Code which they meet. In Phase I they are adding an additional 50 parking
spaces above the required amount. When they develop Phase 11, they have not
developed the parking ratio because they do not have the exact square footage or
number of units, but whatever it is, the additional parking required by the Code for that
Phase could be another 360 parking spaces. When developing Phase II, they will do
what is required for Phase II and add another 50 spaces. It is speculative at this point.
They will meet the requirement and add additional parking. As to the 100 total public
parking spaces, there is an additional benefit for the City. Some smaller retailers will
have the opportunity to have customers use the parking. It enables patrons from
surrounding establishments to take advantage of the parking.
Ms. Romelus asked about the proposed site plan for Phase II, noting the required
parking was 413 and with 50 additional, would total 439. Attorney Miskel explained it
was a Scrivener's error as there were several changes to the site plan. There will be
413 total parking spaces and there were a number of changes, i.e. retail space on
Federal Highway so they are making adjustments, but they will have 463 for Phase I.
No one else coming forward, Public Comments was closed.
Mr. Casello agreed with Mr. Woodworth they can install shells which are almost
impossible to rent. He noted Ms. Cross' statement about Marina Village, if they could
park on the upper floor, it would alleviate parking issues. Ms. Cross had commented
that was TIF money and money they do not have for other projects. Mr. Casello pointed
the only way money will be generated is by the project coming to fruition. He noted the
Board was trying to improve a blighted area. If they do not permit the project, it was
$500,000 or $600,000 of funds they do not have to complete some of the projects.
Chair Grant looked at the Property Appraisers website, and indicated 10 years ago it
was grossing over $130 million, but the project could be left vacant indefinitely. He
agreed some of the improvements were normal developer costs including City impact
fees and building permits, but Chair Grant commented, if they needed more money for
more parking, the Board could probably all agree because they had 80,000 people
attend Pirate Fest, and this is future tax money for the CRA. He thought the Board
wanted the hotel there, they should get something in writing and what the CRA can help
for that aspect. He was aware the project was in a Traffic Concurrency Exception Area
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(TCEA) and Level I and II studies for traffic were needed. The two issues were more
parking and ensure a hotel is on the property without leaving it open to the market
forces.
Vice Chair McCray wanted local contractors or people working on the project. Attorney
Miskel explained they could work that into the project and most projects included it.
Chair Grant explained workforce housing was one reason to get TIF. Attorney Miskel
advised they will look into it as she was unsure how off the mark they are from that
number.
Mr. Katz asked about the cost for an additional parking level and learned it was about
$400,000 with 55 spots. He thought it would be better to get an additional 50 it would
be beneficial for the CRA to get the maximum amount of parking. Delray built a parking
garage, which is sometimes full as is the courthouse parking. He wanted to keep
Boynton Beach a family -friendly town, but noted the area was the Central Business
District.
Mr. Simon explained this is not an approving body of a site plan. Staff wanted general
consensus that the project meets the intent of the CRA plan and the intent of the project
they specified in their letter of intent to purchase or use the property the CRA owns.
The requirement of the site plan is they hear it at a City Commission meeting and a
Development Board meeting. It is not in the purview of this Board authority, only that it
meets the intent of the request for the property or their desire to dispose of the property
for it. The item for TIF was looking for direction of the Board if the TIF request presented
is something the Board is in favor of, or not in favor of to be included in an agreement
between the parties. The Board was directing staff and legal to leave the meeting either
preparing a TIF document or come before the Board to approve or reject the request.
Attorney Tuhy explained the motion is for staff to move forward negotiating and bringing
back a purchase and development agreement to the Board and Mr. Simon needs a
general consensus that the proposal, not the site plan specific for the property, is
something the Board wants negotiated in the purchase agreement.
The second motion was to negotiate a DIFA agreement for the TIF requested by the
developer based on direction from the Board.
Motion
Vice Chair McCray moved to negotiate a purchase and sale agreement. Mr. Casello
seconded the motion.
The garage would be seven stories. Mr. Katz commented he would like to see the hotel
be pursued post haste, but in the interest of alleviating parking concerns he would
support the motions if the developer could include two additional floors of public parking.
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Attorney Miskel requested clarification if it was one floor per each phase and learned
the request was for the initial phase. The building is eight stories, if adding two floors
than parking would exceed the height of the main building. Mr. Katz then requested one
additional floor per phase at a cost to the developer for TIF. Attorney Miskel explained
they were going to consider other alternatives such as mechanical lifts that are being
used in other cities.
Mr. Katz commented parking was a serious concern and it would deter people from
coming to downtown events with regard to taxpayer funds being used for the project.
Attorney Miskel thought they may be able to accomplish things, but not necessarily with
a floor, such as valet parking and stack cars on the upper deck and double the number
of cars stored on the upper level through the valet or commercial purposes. There are
other opportunities to free up parking without the expense. They designed their request
based on the project costs and the extra parking is about an extra million. She thought
they could be creative with staff and include other avenues to include more public
parking spaces on the ground levels because the public does not want to go up seven
levels to park. They may be able to phrase it as parking spaces as opposed to a
parking level to give them an opportunity to create more spaces in a way they can be
used and create more public parking on the first level.
Ms. Romelus noted each floor on average has about 55 parking spaces, asked how
they can add more. Attorney Miskel explained they were standard 10' by 20' parking
spaces with a drive aisle. Attorney Miskel was discussing creating a valet program for
the commercial and stack cars. She noted a project in Delray Beach and advised they
were instituting that parking on the upper level and a half of the parking structure and
they added another 100 spaces and valet parking is popular for commercial businesses.
Attorney Duhy explained if the Board wants the agreement to have additional parking, it
will come back to the Board for approval. The Board can authorize staff to move forward
with direction for the developer to propose additional parking solutions beyond what
they presented today.
Chair Grant commented the motion should be to enter negotiations for TIF and staff to
consider the Board comments regarding parking, workforce housing, filling of retail, the
Community Benefits Agreements, and the hotel.
Motion
Vice Chair McCray moved to approve, including the six items. Mr. Katz seconded the
motion.
Mr. Simon queried if the Board was tying the agreement to two phases or if the Board
was considering them individually. The agreement would potentially cover both phases
of the project under the same agreement. Chair Grant commented the Board can limit it
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to the hotel and not necessarily residential. Mr. Simon explained the proposal
essentially changes dramatically, if it is just the TIF on the hotel. The payout is tied to
the hotel.
The motion unanimously passed.
XIV. New Business:
A. Discussion and Direction for the Potential Acquisition of 416 E. MLK, Jr. Blvd
Tabled 11/9/16 for 90 days
Motion
Vice Chair McCray moved to remove from the table. Ms. Romelus seconded the motion
that unanimously passed.
Motion
Vice Chair McCray moved to direct staff to no longer have a discussion on the above.
Mr. Katz seconded the motion that unanimously passed.
B. Discussion and Direction for Purchasing the Property Located at 1110 N.
Federal Highway
Mr. Simon identified the property and advised it is a 1,700 square foot building on .14
acres of land. It is two buildings north of the intersection at Federal Highway and MLK
Jr. Boulevard on the east side of Federal Highway as contained in the meeting
materials. The owner has agreed to sell the property at the appraised value of
$170,000. The CRA has been looking at this property for some time and it is currently
not rentable. There is very limited parking at the site, the building needs to be painted
and there is clean-up and landscaping needs. Staff can bring back options to keep the
building standing or with new code enforcement directives and social media, maybe the
CRA can activate the space as a meeting space with businesses or the public as an
option. Chair Grant thought the size of the building would be appropriate for the
Community Caring Center or even for the CRA to move into. He requested a motion to
move forward to purchase the property.
Motion
Mr. Katz moved to approve. Ms. Romelus seconded the motion. The motion passed 4-
1, (Mr. Casello dissenting.)
Ms. Romelus explained Mr. Simon was working with Attorney Duhy on processes so the
CRA was not forthcoming about properties they are intending to acquire in order to the
keep the price down. Mr. Simon asked if the motion included a request to bring the
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document back for final approval, before signature or if it met the approval of CRA legal,
they would execute it without bringing it back. Staff can negotiate the terms with the
representative for the owner and bring it back for final approval at the February meeting.
Chair Grant commented the motion to approve was for $170,000 as is.
C. Consideration of the Purchase and Sales Agreement with Violet Real Estate,
Inc. for the property located at NE 3rd Street
Mr. Simon identified the property and advised the property is at the end of MLK Jr.
Boulevard and Railroad Avenue, adjacent to two properties the City owns. It is zoned
general commercial. Staff has a seller executed portion of a contract for the property at
$30,000 which he recommended approval. It is appraised for over $55,000. Vice Chair
McCray noted the CRA was assembling land.
Motion
Vice Chair McCray moved to approve. Ms. Romelus seconded the motion that
unanimously passed.
D. Audited Financial Statements — FY 2015-2016, Fiscal Year Ended September
30, 2016
Mr. Simon advised Ms. Harris was out sick, but she was proud to present the financial
statements for the year ending September 30, 2016. The CRA continues to be
financially sound and fiscally responsible. The oversight of management of public
dollars is governed differently than private funds. He noted best practices regarding
stewardship of public dollars encompass the safety and liquidity of funds. If government
agencies follow best practices, it ensures money is available for projects. Richie
Tandoc a principal from the firm was present
Richie Tandoc, Sansone Klein Jacomino Tandoc and Gamarra, partner in charge of
the CRA audit for the fiscal year ending September 30, 2016, thanked Mr. Simon,
Susan Harris and staff for another efficient audit and their continued cooperation.
(Mr. Casello left the dais 8:57 p.m.)
Mr. Tandoc explained the documents are well organized. He reviewed the required
communications and issued a clean opinion. Their internal controls had no material
weaknesses or non-compliance issues. Both reports are dated December 4, 2016.
There were no adjustments made during the year. There was no fraud or illegal acts by
employees found that would cause a material misstatement of the financial statements
The firm is independent of the agency and its related entities including the City of
Boynton Beach. There were no situations that would impede their independence and
they have not performed any non -audited services for the Agency during fiscal year
ending September 30, 2016. There were no suggestions for improvements.
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Mr. Simon noted this is the eighth consecutive year of a clean audit and staff did a great
job.
Motion
Vice Chair McCray moved to approve. Ms. Romelus seconded the motion that
unanimously passed (Mr. Casello not present for the vote.)
Ms. Romelus praised staff.
(Mr. Casello returned to the dais at 9:01 p.m.)
E. Review and Discussion of ILA for the Funding of the Neighborhood
Sustainability — Community Standards Outreach Coordinator
Mr. Simon explained the item contains the draft Interlocal Agreement (ILA) to go to the
City and the budget and backup for 2016/2017 fiscal year regarding the employment of
a Community Outreach Coordinator under revision. In partnership with the City, the
CRA will pay for the position and the person will be hired by the City to focus entirely on
the CRA District area and initiate items the CRA wants to promote, such as business
and commercial areas, items with special attention with that corridor and outreach to
residential property owners. It is a kinder, gentler, more informative effort than prior
Code Enforcement methodologies. Staff needs approval of the item before it can go to
the City. The City is currently short listing candidates and interviews will be completed
by the next day.
Motion
Ms. Romelus moved to approve. She thought the position will assist businesses to
flourish. Vice Chair McCray inquired about the salary of $134K and learned it included
the salary and benefits, health insurance, pension, FICA, a laptop, cellphone, a tablet
and a leased vehicle. The City will bill the CRA quarterly and Finance will provide the
backup regarding the position costs. The CRA will only pay up to $134,000 and a
breakdown of the costs was reviewed for the benefit of the audience.
Ms. Romelus asked about the $25,000 allotment and learned it would change because
the Officer will use a leased vehicle which could be about $110 or $115 a month. It is a
one-year agreement that can be extended. Additionally the position would be less
because the fiscal year had already started and the employee will not have worked a full
year Ms. Romelus inquired if the employee would receive a 2% overall raise, and
learned they would and it would come from the CRA budget because CRA is paying for
the position
Vice Chair McCray asked if the employee would wear a City uniform and learned he
would. This employee will also meet with Chief Joseph and Mr. Simon on a weekly
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basis. It is a partnership and they will work with the grant program managers to
disseminate information about infractions or making property improvements to avoid
violations. This was the first time the CRA hired a community standards officer. Mr.
Casello asked why the CRA was paying for the position and learned the City was a
million into reserves. Mr. Simon explained the thought was it is over and above the
existing Code Enforcement or Police Officer level of service. The CRA was paying for
an additional dedicated position to educate citizens along commercial or residential
corridors about Codes. Instead of just issuing a violation and the recipient not
understanding the effect it has on redevelopment and opportunities for individuals to
invest, the Officer would explain the CRA programs and consequences of non-
compliance. He would work through the Office and promote other types of grants in
addition to regular code compliance. Vice Chair McCray commented it was very
important the program is done correctly as the Police forgot to turn things in on a timely
manner regarding the Neighborhood Officer Program.
Mr. Howard agreed, but commented everything regarding the program would be
handled on the City side. There will be quantifiable results. Ms. Romelus asked about
uniforms and thought the employee should not look like every other code officer and
his/her uniform should be more appealing. Chair Grant commented he saw the new
shirt today. They have a similar gray shirt to the Fire Marshall. Mr. Simon also thought
they could have a two-sided card. Mr. Howard once explained once the uniform is
finalized, Mr. Simon can return to the Board. Mr. Casello explained he favored the
program, but was never told the position would be totally funded by the CRA and he did
not recall Ms. LaVerriere telling him this. The changing of the name was City-wide.
They will all be called Outreach Coordinators under Code Enforcement Department.
Vice Chair McCray recalled during the CRA budget, they budgeted for a dedicated
Community Standard Officer. They all voted on it.
Lori LaVerriere explained how the position evolved. Outreach is a new position. The
City re -slotted eight or nine officers and created a career path. The organization chart
was included in the meeting backup. Vice Chair McCray asked, although the position
was a CRA officer, who had authority to fire him and learned only Ms. LaVerriere has
the authority to hire and fire.
Bryan Fitzpatrick, 409 NE 1St Street, asked if he would be dealing with the Outreach
Coordinator and a Community Standards Officer. Mr. Fitzpatrick thought it would be
interesting, going forward, how the City uses its CDBGH funds as some cities are more
flexible with those funds regarding housing. Boynton Beach is very rigid about those
funds.
Ms. LaVerriere explained one goal is to develop funding assistance programs and the
City used to have them where they can assist. The City will find out the reason they are
struggling and what they can do to help and connect to resources or self -fund to
develop some sort of assistance programs. Mr. Simon commented they can partner on
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Community Redevelopment Agency Board
Boynton Beach, Florida January 10, 2017
items to identify programs. One coordinator for the whole district is not productive so it
is a combination of activity by both.
Irwin Cineus, 315 SW 15th Lane, asked about the coordinator's job description and
learned it was similar to a regular outreach coordinator with a CRA focus. The
Coordinator will have knowledge of CRA grants and programs and will be aware of the
CRA's goals and projects. He will have a broader vision for the community other than
what rules and codes are being violated. They will meet with Mr. Simon and encourage
community policing through environment design. He/she will implement the codes of
the City and he/she is still responsible to enforce the rules and regulations.
Vice Chair McCray added he is responsible for the HOB and CRA. He is not a sworn
officer and they will identify homeowners or renters, addressing abandoned homes and
absentee landlords. Vice Chair McCray explained they changed the name to specialist
and re-established the Code to make them more community friendly. They want to
educate and offer assistance. It is educating the public.
Motion
Ms. Romelus moved to approve. Vice Chair McCray seconded the motion that
unanimously passed.
F. Consideration of the Design Scope of Services Work Order with Kimley-Horn
& Associates, Inc. for the Boynton Beach Boulevard Streetscape
Improvement Project, Construction Design Plans
Chair Grant asked if staff issued an RFP. Mr. Simon responded Request for
Qualifications (RFQ) was not issued. Under the CCAA regulations, the investigation of
costs cannot be done in a bidding process like a contractor would or other material
goods. Under State regulations, staff issued an RFQ in 2007, 2008 and 2009 and
Kimley Horn was a service provider approved by the Board that is under continuing
contract with the Board. Mr. Simon reviewed the item was for improvements contained
in the approved plan for the Boynton Beach Boulevard streetscape and road
enhancement project. The CRA approved $600,410 which is a slight narrowing of the
roadway and additional sidewalk square footage in preparation for development on
Boynton Beach Boulevard in the future and if they are eligible and able to obtain grant
funding to move forward with the grant project on their own. The drawings will be ready
for the project. It involves coordination with FDOT and FPL and the county
(Ms. Romelus left the dais at 9:29 p.m.)
Marwan Mufley, Project Manager, Kimley Horn, made a presentation and explained
Boynton Beach Boulevard was an important street for the City. The first few slides were
taken from the CRA Master Plan. The CRA created a district from 1-95 to US 1 along
Boynton Beach. Boulevard to revitalize the street. It is in the heart of the business
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district as envisioned. A slide was shown of what they would like Boynton Beach
Boulevard to look like, paying attention to pedestrians and cyclists. Two diagrams from
the Master Plan were viewed in two sections, from 1-95 to Seacrest and Seacrest to US
1, which adds on -street parking to that section. A view of the existing roadway was
viewed and he noted there are four through -traffic lanes, 11 feet wide, and an 11 foot
two-way left turn lane in the median area. There are skinny small trees, and large FPL
power poles and lines that detract from the landscape of the streets.
(Ms. Romelus returned to the dais at 9:32 p.m.)
The road is proposed to have the same number of through lanes but it narrows the
lanes to help calm traffic. It designates bike lanes with pavement markings and widens
the sidewalks to 10 feet. The sidewalks are nine feet in the existing right of way and the
additional one foot was for a sidewalk easement from the adjacent property owners.
The intent is to have a wider 10 foot sidewalk and install underground power lines to
have a pedestrian zone along the sidewalk curb and have a street furniture zone along
the curb. This would de-emphasize vehicular traffic and emphasize the pedestrian and
bike traffic, providing shade trees and making the environment different. The
improvements can be done in two phases from Seacrest Boulevard to U.S. 1 which was
more prime development or add the segment from 1-95 to Seacrest Boulevard. The
proposal gave both options. The biggest challenge is dealing with FPL as it takes time
to install the power -lines underground and working with DOT as Boynton Beach
Boulevard is a State Road and the CRA has to go through the permitting process. The
process takes some time and they have to have data collection and develop concept
plans which are 30% complete and then they move into the design development stage
which are 60% plans and the permit stage requires 90% complete plans and then the
final stage. The intent is to have the design ready so any future development or on -
street parking added can be incorporated. This plan takes advantage of the available
opportunity and lays the first cornerstone towards improving the Boynton Beach
Boulevard Corridor. There will be two lanes in each direction.
Mr. Casello asked if the Board was getting ahead of itself. He recalled voting for
$300,000 for a study for the same thing which was never done and the Board used the
$300,000 for other purposes. He noted $600,000 was needed for a design and asked if
the design would be obsolete in 10 or 15 years. Mr. Mufley explained this was not a
study, rather it was construction plans that will be bid on. They will not be obsolete and
the plans will be ready if funding or grants come along. If developers come along they
can take advantage of the fact the CRA already shortens the time it takes to have an
approved DOT design. If all stayed the same with the right-of-way and roadway widths,
the plans would still apply. Codes that change regarding roadways are minimal, and it
can always be updated. Mr. Mufley commented the proposed design would not be
impacted and can always be updated. The DOT, when they tried to create work
stimulus work, realized they did not have plans ready to issue when money came along
and many cities lost out on grants because the grants awarded went to projects that
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida January 10, 2017
were ready and could put people to work. Mr. Casello thought it was a great concept
and hoped it would be implemented soon.
Mr. Simon explained there are some large-scale projects having chunks and blocks at a
time developed in front of this area spilling onto Boynton Beach Boulevard which could
come to fruition in the next 18 months to two years. It would also have to be
coordinated with FPL on other improvements. Construction drawings would put all on
the same page because construction drawings detail how it would be constructed and it
obtains the approvals for what 500 Ocean or Ocean One would need to secure the
project. They could obtain a cost per block depending on the phase and there could be
grants available from the CRA or other agency. These half block projects, without an
overall themed plan for the roadway are not as supportable.
Vice Chair McCray thought it was a waste of time and money at this point, as they did
so in Ft. Lauderdale and it was a mess.
Chair Grant agreed, but would want to table the item until the RFQs came back to see
what would develop. He noted some countries include bike lanes on sidewalks which he
felt was much safer. Mr, Mufley commented there are areas for cycle tracks, with the
right-of-way. There is not enough width on the sidewalk for the cycle tracks and
pedestrian zone as the corridor is narrow with the shade trees and the street furniture
zone. Chair Grant was not ready to approve.
Susan Oyer, 140 SW 27�h Way, had several ideas and commented Brightline is
supposed to pay for the median in that general area as they are redoing the railroad
tracks and they are waiting for money from Brightline and asked if the money could be
used to make the improvements from the railroad tracks to US 1. She had also
commented she suggested wildflowers be used in the median and the Wildflower
Society was willing to plant everything and maintain the flowers. She questioned why
not take advantage of free plants and free maintenance. It is beautiful using very little
water, leaving only the upkeep and payments when people run their car through it. She
wanted the Board to consider using the biggest shade trees possible and look at the
median strips. She noted Yamato has all native plantings and thought the City should
make streets coming off 1-95 such as Boynton Beach Boulevard, Woolbright and
Gateway distinctive and Boynton Beach Boulevard plantings separate from Woolright
and Gateway. She liked seating as long as no one could sleep on the seating. Iceland
has great water fountains and she thought they should be incorporated into the
sidewalks, perhaps every other block. She thought if people were walking dogs or
strolling with children, there is a little pipe at the top where water gurgles out, which
would be cool and it would attract active participation and be more pedestrian friendly.
She asked at what point would businesses have input on the design plans and would
there be public art on the street.
Mr. Katz understood the concern with the initial outlay regarding the plans for the road,
but thought it was very important to enhance the road that leads to the downtown. In
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Delray Beach, the roads east of 95 and before Atlantic Avenue have been enhanced in
anticipation of future development and extending their style west towards 95. He
thought with the Town Square development and potential for Ocean One, next to the
Marina, they should not build it and have an undesirable entryway. He thought it would
be better to plan to enhance the street from 95 down to the future development or it
does a disservice to what they were planning on developing. He did not think there was
majority support, but if not moving in this direction, it should be a priority and have
something to enhance Boynton Beach Boulevard in preparation of the development.
Mr. Mufley commented on the cycle track on the sidewalk noting Kimley Horn prepared
the Broward County MPO complete streets and was assisting the Palm Beach County
MPO to develop that. The firm has a local expert who is familiar with Europe, but what is
shown had been based on prior discussion. He noted what they developed is not tied to
that idea, but part of the concept development to review such concepts. They could
look at the cycle tracks and if it was not doable at this to point, it could be if the sidewalk
is widened.
Chair Grant noted the two proposals are 95 to Seacrest or Seacrest to US 1. Chair
Grant favored 95 to Seacrest as there were establishments.
Vice Chair McCray thought with the traffic on Boynton Beach Boulevard, it will not be
viable from 95 to Seacrest. Chair Grant favored an engineering study to improve
circulation. Vice Chair McCray thought a study was a waste of time.
Ms. Romelus thought they should address 1-95 to Seacrest because it is the namesake
street that leads to the City, but the road, in its current state is atrocious. There are no
lights and people are crossing in the median. She thought it was an embarrassment
with the many different development projects. The City's namesake street should be
attractive and viable to attract individuals to the City.
Motion
Ms. Romelus moved to go forward with the plan and address the 1-95 to Seacrest strip
or at least have a plan and have it implemented in the City.
Chair Grant asked Mr. Mufley if he could come back with a price and plan.
Mr. Katz seconded the motion that passed 4-1, (Vice Chair McCray dissenting.)
Mr. Simon will come back with a quote. Vice Chair McCray suggested contacting the
stakeholders who own property there. He represents that area and thought the Board
made a mistake.
Mr. Simon explained the meeting backup was from the 2016 CRA Redevelopment Plan
that was recently approved in August and the drawings were from the approved plan. It
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Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida January 10, 2017
was not something Mr. Mufley developed himself or that they met to present it to the
Board. It is the plan presented to developers and the community when meeting with
them to show the commitment the Board has to improve the Boulevard. The Codes and
Land Development Regulations were used in formulating the plan presented.
Ms. Romelus thought if Vice Chair McCray was dissatisfied, he could make a
suggestion what he would like to see. Vice Chair McCray explained he disagreed with
the Plan. He works in Ft. Lauderdale and has seen what occurred on 6th Street and it
does not work. It was a heck of a way to get from one place to another. There are
more people being added that will drive. He has to drive to work.
XV. CRA Advisory Board
A. Reports:
1. None
B. Pending Items:
1. Research for a Potential CRA Grant for Job Creation
2. Review the 29 Recommendations made in February 3, 2016 Miami -Dade
County Grand Jury Report Concerning Affordable Housing and
Mismanagement of CRAs
3. Discussion and Creation of Draft Community Benefits Agreement
C. New Assignments:
1. Research and recommendations regarding DIFA agreements and the
current policy regarding DIFA agreements
XVI. Future Agenda Items:
A. Direction Regarding the Disposal of CRA Owned Properties Located at E.
MILK, Jr. Blvd. and NE 9th Avenue to St. Paul AME Church of Boynton Beach
(appraisals ordered 11/23/16)
B. District Clean Program
C. Discussion of CRA doing projects in house Re: Cottage District Site (Advice
from Legal)
D. Interim Director Position (tabled until June 2017 - 6 mos. from Dec. 13th
meeting)
XVII. Adjournment
Motion
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Mr. Casello moved to adjourn. Ms. Romelus seconded the motion that unanimously
passed. The meeting was adjourned at 9:59 p.m.
d
Catherine Cherry
Minutes Specialist
01