Minutes 02-14-17MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING
HELD ON FEBRUARY 14, 2017, AT 6:30 P.M., IN COMMISSION CHAMBERS, CITY
HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA
PRESENT:
Steven Grant, Chair Mike Simon, Interim Executive Director
Mack McCray, Vice Chair Tara Duhy, Board Counsel
Christina Romelus
Justin Katz
Joe Casello
I. Call to Order
Chair Grant called the meeting to order at 6:31 p.m.
II. Invocation
Vice Chair McCray gave the invocation.
III. Roll Call
IV. Agenda Approval
A. Additions, Deletions, Corrections to the Agenda
Chair Grant noted the agenda was revised adding item J to Old Business and item C to
New Business. He wanted to move Consideration of the Purchase and Development
agreement, Old Business, item G to pending items to the CRA Advisory Board since
the Advisory Board can review all purchase agreements and the Board did not receive
it prior to their meeting.
B. Adoption of Agenda
Motion
Vice Chair McCray moved to approve. Mr. Katz seconded the motion that unanimously
passed.
V. Legal
A. Memorandum Regarding City/CRA Housing Authority
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Tara Duhy, CRA Board Counsel, distributed an email from her colleague, Kathryn
Rossmel, noting the auditor general gave a presentation on his 2014 Auditor Report
regarding CRAs with recommendations to the CRA Statute for the Legislature to
consider. The first change was the most interesting which would change the list of
items a CRA could fund. She commented the Florida Redevelopment Association is
closely monitoring this provision.
Attorney Duhy also referenced her memo to the Board which outlines the steps needing
to be taken under the Statute to create a housing authority. She provided a summary of
the CRA tools to initiate affordable housing in the CRA District. One question pertained
to funding and cooperation between the CRA and a housing authority if the City created
a housing authority. The CRA Statute speaks to cooperation between CRAs and
housing authorities which is permitted. Funding of projects within the CRA with a
housing authority would be permitted as long as it is consistent with the CRA Plan. The
administrative creation of a housing authority would fall within the City budget.
Chair Grant asked if the City could transfer the costs to the CRA and learned it would
not be allowed. Attorney Duhy explained a housing authority's district is dictated by
statute and encompasses the entire City which is also outside of the CRA District. The
CRA is limited to operating within the district. Chair Grant asked if the CRA could
provide monies to a housing authority for administrative costs and learned if the CRA
plan within a CRA district has identified projects and there are costs associated with
those projects within the District that are consistent with the CRA Plan, monies could be
potentially available. Chair Grant asked if the CRA provided funds for the cottage
district, if the housing authority could only spend funds for the administration of the
cottage district development. The funds could be administrative costs towards the
development of structures in the CRA district, but not for generalized administrative
costs. The City would activate a housing authority by passing a Resolution.
Mr. Casello asked about start-up costs for a housing authority and learned Attorney
Duhy had reached out to the Delray Housing Authority and will forward information
when it is received. Vice Chair McCray suggested contacting other municipalities.
Attorney Duhy had and would forward information when received.
VI. Informational Items and Disclosures by Board Members and CRA Staff:
A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the
CRA Board on Agenda Items
Mr. Katz had the flu last week and had no disclosures to make.
Vice Chair McCray commented he is officially seeking re-election for his seat in District
ll. He congratulated Mr. Casello on running unopposed. He also met with Kimley Horn
regarding the Boynton Beach Boulevard expansion.
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Ms. Romelus met with Mr. Simon and representatives from Kimley Horn. She attended
the My Brother's Keeper Summit, attended the first annual neighborhood police meeting
in District I I and attended her first Tourist Development Council Board meeting.
Mr. Casello had no disclosures.
Chair Grant met with Edens, the owners of Sunshine Square, met with Kimley Horn and
visited the De Campo grocery store next to the post office. It is an amazing grocery
store and what the HOB needs.
B. Informational Announcements
Mayor Grant announced the next CRA Board meeting is Wednesday, March 15tH
VII. Announcements & Awards
A. Appreciation from Grant Recipient, Bailey Blendz, Danielle Tarrant
Danielle Tarrant, the owner of Bailey's Blendz, announced she opened 10 days ago,
and was a recipient of several of the CRA's grants. She thanked the Board for
approving the grants and was excited to be part of the community. Working with the
CRA has been an amazing experience as was the response to the business from the
community. She provided a sample of her sorbet and left coupons. Mr. Casello thanked
her for selecting Boynton Beach for her business.
B. Movies in the Park
Mercedes Coppins, CRA Special Events Coordinator, announced the next Movies in
the Park will be viewed on March 3rd, featuring the original Willy Wonka and the
Chocolate Factory starring Gene Wilder. The movie is rated G and will run from 7 p.m.
to about 9 p.m. Prior to the film, local CRA businesses will be advertised and guests
entered into a raffle for gift certificates to the featured merchants.
C. Music on the Rocks
The next concert is scheduled for Friday, February 17th from 7 p.m. to 10 p.m. The free
concert will feature Artikal Sound System, playing reggae, hip hop, and dance hall
music. The Food Truck Invasion and a mobile bar will be onsite at the Ocean Avenue
Amphitheater starting at 6 p.m.
D. Photo Collage from the MLK Event
Ms. Coppins presented an MLK Collage made by Alan Ruby Photography to the Board
which Chair Grant accepted. Ms. Romelus praised Ms. Coppins.
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E. Career Expo at Carolyn Sims Center, Thursday, March 23, 2017 from
8:30am — 12:OOpm sponsored by the CRA, City of Boynton Beach and
Career Source
Mayor Grant read the item and announced when he is asked about finding work, he
directs them to Career Source and Career Source has informed him they do contact the
individuals he refers. Anyone interested in finding work can contact Chair Grant or
Career Source directly. Mr. Simon noted some of the registered local employers that
are committed to the event were Lowes, Publix, Home Depot, First Transit, Sonata
Senior Living and the City of Boynton Beach. Other employers in the area are being
contacted and he hoped the number of participating employers would grow. Vice Chair
McCray requested the number for Career Source be shared with other members.
VIII. Consent Agenda
A. Approval of Period Ended Jan. 31, 2017 Financial Report
B. Monthly Purchase Orders
C. Approval of CRA Board Meeting Minutes — Dec. 13, 2016
D. Approval of CRA Board Meeting Minutes — Jan. 10, 2017
IX. Pulled Consent Agenda Items
There were no items pulled.
Motion
Vice Chair McCray moved to approve the Consent Agenda. Mr. Casello seconded the
motion that unanimously passed.
X. Information Only
A. Public Comment Log
B. Marketing and Business Development Campaign
XI. Public Comments: (Note: Comments are limited to 3 minutes in duration)
Chair Grant opened up public comments.
Susan Oyer, 120 SE 27th Way, complained there is construction debris from 500 Ocean
scattered about on Ocean Avenue. She further advised they did not secure their
worksite. She had with her rebar and wood with two nails protruding. She questioned if
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anyone got a flat tire and if there was intent, as the wood in the middle of pavers would
damage a car and someone was making mischief. Mr. Casello explained he had
spoken to Andrew Mack, Development Director, and learned 500 Ocean will be
enclosing the worksite with a fence. Normally the site is locked, but recently it was left
open.
Vice Chair McCray also commented all of the Board members received an email from
Hurricane Alley regarding the parking situation which was sent to Ms. LaVerriere and
Mr. Simon. They are aware there is a problem.
No one else coming forward, Public Comment was closed
Xll. Public Hearing
A. None
XIII. Old Business
A. Status of the Ocean Breeze East Project
Mr. Simon advised last week, Robby Block from NuRock had advised the project was
essentially dead and they did not win the challenge of the rankings which they were
ranked second out of three projects. They have since resubmitted a second challenge
at a cost of between $10K and $15K in legal fees to bump their ranking from second to
first place to make them a viable candidate to move forward. Mr. Simon did not know if it
would occur prior to the expiration of the contract on February 28th. The contract allows
the ability to grant a six-month extension at a cost of $50K which is non-refundable. Mr.
Simon did not have a written request from NuRock to present to the Board regarding the
extension.
Mr. Katz asked when the Board could reasonable expect a response from the second
appeal and learned it would be 30 to 45 days. They may also be able to apply for new
funding under a new RFA scored in a more subjective manner than the current
application for the SAIL program with its lottery ranking. Mr. Casello asked if extending,
if NuRock would provide the $50K non-refundable deposit and learned they would, but
Mr. Block has not given any indication they would. NuRock only relayed verbally and
via email they would love the opportunity to continue. A formal request has not been
submitted. The Board could provide an offer to them, and if they accept, NuRock would
have to perform under the terms of the extension requirement. If they declined, they
would have to terminate before the 28th or lose the current $50K refundable deposit they
have now. The issue at hand was whether they would buy an extension for $50K which
is not refundable.
Attorney Duhy recommended, if the Board wants to consider granting an extension, the
Board direct staff to execute an addendum to the agreement extending it for that period
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of time, contingent on NuRock presenting a written request to do so and comply with the
contract term that requires them to provide the $50K. The new deadline would be
August.
Chair Grant thought, based on NuRock spending $10K to $15k more on legal fees, they
wait until the next meeting. They could grant an extension for the $50K for the six
months after the next meeting, otherwise the Board would have to start the process all
over again. He wanted to give an extra month because there was nothing else
happening. Vice Chair McCray asked if something else comes in, if the Board could act
on it. He hoped they extend the non-refundable $50K for six months because the Board
needs to get something viable for the community. Attorney Duhy noted they were
looking for a one-month extension without a contract addendum.
Chair Grant asked if the request for an extension for $50K and the non-refundable
deposit did not go through, if they could still get their original $50K deposit back.
Attorney Duhy explained under the terms of the agreement, they would not. The Board
would get $100K. She explained it was still their option to cancel the contract before
that date and get the $50K funds back, which means they would not be requesting the
extension before February 28th. Vice Chair McCray feared, if given a one-month
extension, they would cancel. He thought they should be held accountable and if they
do not accept, the Board should move on. Chair Grant repeated he wanted to give one
additional month, and if they want the contract for the additional $50K, they give a
contract for the five remaining months. Mr. Casello wanted to stick to the original
contract as stated, as did Vice Chair McCray.
Attorney Duhy advised if not requesting a contract addendum, the only direction staff
needs is if the Board wanted staff to terminate the contract because they did not fulfill
that provision of the agreement, if they want to issue a letter of termination at that time.
Motion
Vice Chair McCray moved to issue a letter of termination. Mr. Katz seconded the motion
that unanimously passed.
Ms. Romelus felt the company was a bad choice as they have not appeared at
meetings which she viewed as being non -committed to the project. Chair Grant noted
the Board still has a contract with the company.
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
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Motion
Vice Chair McCray moved to remove item B. Ms. Romelus seconded the motion that
unanimously passed.
C. Status of the 2.97 Acre Project Known as MLK, Jr. South
Mr. Simon explained NuRock advised the challenge by the applicants who met the
qualifications for Local Governmental preference were successful and the Florida
Housing Finance Corporation (FHFC) will look at the preference favorably and add
additional scoring points to the applications with local government support. During the
challenge, none of the applications for the low-income housing tax credit developments
were reviewed until the issue was resolved. FHFC has been behind reviewing
applications since December 30th. The process now will become official and FHFC will
begin to open and rank the applications. It will be another 30 to 45 days before they
learn NuRocks' position in the ranking. A ranking may come before the next meeting,
and if so, they will advise of the status. At the latest, the Board will know the status at
the April meeting. No action was necessary on this item.
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
This item will be removed from the next agenda.
E. 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 from 1-95 to Seacrest.
As of last month's presentation, the Board instructed Kimley Horn to bring back a cost
for improvements from 1-95 to Seacrest which was one section that was not presented
in the form of a scope of work. It is now attached to the agenda item and he had slides
Kimley Horn had provided.
Chair Grant commented he advised Marwan to have a charrette at a CRA Advisory
Board to describe the first phase of the design. There will be public input on the design
before engineering plans go forward. They also just received the cost for the 1-95 to
Seacrest roadway segment and based on new numbers, if they do address 1-95 to
Federal Highway, the CRA would save $165K. Since they have the option to see the
design, he would like to move forward. Chair Grant inquired if they were required to
move forward with engineering plans, if the Board did not like the design. Mr. Simon
responded they were not. The project is broken down by task order and the Board
would be approving each section of the project. Mr. Katz asked if Chair Grant favored
expanding the design from 1-95 to Federal Highway because they will vote on the
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design before engineering plans are done and decide when they want engineering
plans done and agreed about cost, noting they would wind up addressing a lot of
Boynton Beach Boulevard when the downtown development occurs. Ms. Romelus
asked if the Boynton Beach Boulevard design was within the budget and learned it was.
The budget line item approved was $600,410 and the projected cost was $557,000 for
the entire segment. If done in two segments, it would be more expensive. Chair Grant
reiterated a charrette would be presented to the CRA Advisory Board and the Board
approve the design. Vice Chair McCray favored addressing the entire 1-95 to Federal
Highway roadway at one time as they need to be good stewards. Mr. Casello agreed,
but also asked what adverse effect it would have on future development of the Town
Square project.
Mr. Simon explained the significance of the work done under the project lays within the
right-of-way of Boynton Beach Boulevard and does not extend into private property
rights or a future development or an existing property owner. Another advantage of
addressing Boynton Beach Boulevard from 1-95 east, is that it does not consider what
will be developed behind the sidewalk. All of the improvements are within the 80 -foot
right-of-way. Those are responsibilities, from the City perspective, within the roadway.
He thought it was a good opportunity.
Ms. Romelus noted the range of the projects which Chair Grant read as contained in the
meeting materials.
Motion
Mr. Katz moved to approve addressing Boynton Beach Boulevard from 1-95 to Federal
Highway. Vice Chair McCray seconded the motion that unanimously passed.
F. Request to Amend the Completion Date of 500 East Ocean Project to December
31, 2017
John Flynn, LeCessee Development, explained his colleague is in a meeting in
Massachusetts and explained they were requesting an extension from the end of July to
end of the year. Their letter to the CRA detailed the reasons, but he noted there are
labor shortages in the South Florida construction market. There were specific site
related issues having to do with utilities, off-site improvements, an ATT duct bank that
went through the property and there was a delay getting Federal Highway addressed
with the City and the Department of Transportation. Combined, it caused a four to six
month delay in the project, hence the request for the extension.
Vice Chair McCray favored the extension, but heard citizens complain about the project
and hoped they would be good stewards and work together regarding parking. He
wanted something in return for the extension and requested they take better care of
their property. Mr. Flynn was unaware of the issue and advised a third -party contractor
was handling the site and he would contact him. Mr. Casello asked if they would erect a
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fence in the Church parking lot. Mr. Flynn was not aware of it, but agreed if there was
an agreement, they would fulfill their obligations and if not, they would consider it, if
requested. Vice Chair McCray noted Mr. Flynn's comment there is a shortage of
construction workers and asked if they tried to hire local contractors as there are
citizens that want to work. Mr. Flynn explained they are the owner/developer and they
hire third -party contractors who are responsible for hiring subcontractors who hire the
labor. They usually pull from the local labor pool, but they also pull from throughout the
State depending on the level of skill. He acknowledged local labor should be involved.
Chair Grant had also received an email about parking by the church parking lot and
drove by this morning, noting there were no cars there. He requested they have a very
big grand opening ceremony when the complex opens.
Motion
Vice Chair McCray moved to approve. Mr. Casello seconded the motion that
unanimously passed.
G. Consideration of Purchase and Development Agreement for the CRA Owned
Property Located at 222 N. Federal Highway
This item was assigned to the CRA Advisory Board.
H. Completion of Boynton Harbor Marina, Marina Open Space & Roadway
Improvement Project
Mr. Simon explained the project is in the punch list stage, but not yet released. The
project was completed and under budget. The total cost was $896,857 from the
approved 16/17 budget. They found savings and performed some additional work the
project manager initiated such as rewiring the lamp post. They did not need a new meter
which saved money by using the existing meter. Overall, the project, even with the
delays, turned out exceptionally well. Having worked on the Marina Master Pian from
2007, this was the last phase of the project with an investment involving $20 million of
acquisition and construction costs. He hoped all were proud of the project.
Vice Chair McCray went to the project even before it was completed and thought it was a
job well done. He praised the individuals who foresaw the project and those that came
on and completed the project. It is an asset to the City. Mr. Casello did not favor the
project and had wanted to keep the old dive shop, but commented it came out nicely.
The ribbon cutting was March 31St with details to follow.
I. Consideration of Purchase and Sale Agreement for Property Located at 1110 N.
Federal Highway
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The Board approved staff bringing a purchase and sale agreement for the property and
the action is to approve the conditions of the purchase at $170K which was the
appraised value of the land.
Motion
Vice Chair McCray moved to approve. Mr. Katz seconded the motion.
Mr. Caselio asked if this property tied into other properties the CRA and the City owns.
Mr. Simon responded it did not at this time. The subject property was the second
building north of the intersection of Federal Highway and MLK Jr. Boulevard. Staff is in
contact with the adjacent property owners. The building was a former florist and the
building next to it, a vacant retail shop, was in trust. It was discussed in the CRA Plan,
this being a gateway into MLK Jr. Boulevard from the Federal Highway side. It was an
opportunity purchase. The Plan calls to improve the building aesthetics, fagade, lighting
landscaping, and activate it as a potential site for Career Source to hold job training
workshops, a pop-up business use, other incubator programs, and to light the corner.
Staff is limited on finding a retail lessee due to parking. The building will not sit in
disrepair. Anything staff can do to activate it, or give the appearance it is activated on a
full-time basis until redevelopment could occur would be beneficial. If unsuccessful with
acquiring the abutting properties, they can issue an RFP or put the property up for sale.
Vice Chair McCray inquired how fast the fagade will be put in place and let citizens
know the CRA purchased the property and was maintaining the property. Mr. Simon
responded the closing is in 30 to 45 days and in the interim, staff will get estimates for
paving, landscaping, painting and interior improvements after that. He expressed staff
will have a work plan in 90 days. Vice Chair McCray noted MLK Jr. Boulevard is an
avenue into the HOB and the building could be used to host an activity and reach out to
the community indicating the CRA will enhance the HOB.
Vote
The motion unanimously passed..
J. Discussion on the Issuance of a Request for Proposal/Request for Qualifications
for the CRA Owned Project Area Located on N. Seacrest Boulevard known as
the Cottage District Site
The Board had issued an RFP and no one responded. Vice Chair McCray asked Mr.
Simon if the Board would issue another RFP, wait for a letter of intent or hold onto the
property. He thought there were too many guidelines and the Board should make the
project viable for someone to participate. Mr. Casello agreed. Chair Grant asked if the
Board wanted a new RFP to be reviewed by the CRA Advisory Board at their March
meeting, returning to the CRA Board meeting on the 15t". Staff will rewrite a new RFP
and tweak the scope of work in the prior RFP. Mr. Simon explained staff learned a lot
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from the meetings they held with developers and builders of affordable and market rate
housing. He was confident there is sincere interest in the property.
Motion
Vice Chair McCray moved to approve. Mr. Casello seconded the motion that
unanimously passed.
XIV. New Business
A. Consideration of the Acquisition and Rehabilitation of Foreclosure and Short Sale
Single Family Properties for Resale to Affordable and Workforce Eligible Buyers
Chair Grant noted there are still boarded up properties in the HOB and proposed to
move funds from the planned dog park to a program to fix them up or provide grants to
third parties. The CRA will work with them as a contractor who owns the house that
would be used for affordable and workforce eligible buyers. There are over five
properties that are vacant or foreclosed.
Mr. Casello did not favor the CRA buying and flipping homes. He thought they should
offer funds for a third party contractor to come in and buy the home. Mr. Katz asked if
there were any other housing related initiatives pending and thought it may be better left
alone until they find out about a housing authority. Chair Grant explained the CRA
would have money for the housing authority to purchase the property.
Chair Grant opened the issue for public comment.
Alexandra Wilson, 1202 NW 5th Street, liked the idea of purchasing the homes for
affordable housing, but noted NuRock and the Cottage District fell through. She wanted
the community to redevelop the area because they are having problems with
developers coming in and putting a spin on their land. Chair Grant explained the
community could develop the property through an RFP or a letter of intent, but the
community had to have the funds and resources to build the home because the CRA
cannot afford to build all the buildings.
Chair Grant asked if the Board should create a program in the meantime as he wanted
to get something done as soon as possible rather than wait for staff to come back with a
program available for a third -party contractor for a single-family rehab.
Ms. Romelus agreed and would like to get more information from CRA staff how this
would work and how they can do it. She did not think of it as flipping as it was consistent
with the plan. Mr. Casello explained if someone buys a home in disrepair, fixes it and
puts it back on the market to make a profit, or turns the house over, it is flipping. Chair
Grant commented the benefit of the CRA doing so is it will be available for the
affordable workforce. They also get to decide who lives there. They have the benefit of
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recapture as the developer can only get a certain amount of capital gains per year on
the property. There are a lot of options. Mr. Caselio thought Mr. Katz made a strong
argument and suggested waiting. Ms. Romelus understood, but questioned how long
they would have to wait for redevelopment in the HOB. She thought they should remove
blight if it is within their purview.
Vice Chair McCray explained they are losing a lot of individuals who go to college and
do not return, as they move on. He thought if it is put in place, it could be turned over to
a housing authority when finished and thought it was long overdue. Mr. Katz thought if
the City and CRA create the housing authority, they can say it is something that has to
be spearheaded and expedited. He did not know of the implications to create a small
housing program to preempt a broad housing program which is supposed to be city
wide, and he did not know if the CRA allocated funds for an Authority exclusively in the
CRA District, if the Housing Authority could absorb the program. He urged caution and
thought they should incorporate the ideas of what they expect from a Housing Authority
into the strategic plan. He did not think it was prudent and wanted to move correctly
rather than with haste.
Vice Chair McCray asked if the CRA used this method if they would lose local
contractors and they can give something back to the community. Mr. Casello asked
how much money the CRA would provide. Chair Grant explained the Board would have
to decide which line item to take the money from. He proposed it should be taken from
the dog park. Ms. Romelus asked Mr. Simon to review the line item balances, which he
provided. The amount from the various line items totaled $1.1 million and if NuRock
was not successful, there was over $2 million.
Chair Grant asked for a motion to direct staff to start an acquisition/rehabilitation
program for affordable and workforce eligible buyers using local third -party contractors.
Motion
Ms. Romelus moved to approve. Vice Chair McCray seconded the motion. It was
clarified staff would put together a formal process or program for the March meeting.
The motion passed 4-0 (Mr. Katz dissenting.)
B. Residential Improvement Program
Chair Grant explained the Residential Improvement Program offers grants for people to
improve their property in the CRA. He asked if it could be restricted to the HOB or be
open to the entire CRA District. Mr. Simon responded it was at the Board's discretion.
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Vice Chair McCray explained it is an excellent program as there are many run down
homes and older residents in the HOB. It had been offered in the past and should have
never gone away. He favored resuming the program. Funds would come from another
line item.
Mr. Katz reiterated the Board had been discussing a city-wide housing authority and
they should investigate it further. They were piece-mealing housing related initiatives
allocated to one particular area, in which a housing authority would not be limited. He
did not disagree about the fundamental thrust between this item and the prior item, but
thought the Board was preempting it by having smaller plans and it was putting the cart
before the horse. He preferred to expedite the housing authority and review state and
federal funding.
Ms. Romelus commented the programs serve as a temporary fix for an ongoing
problem. If the Board has $700K, they can split it up among the programs to help a few
residents. Vice Chair McCray noted west of 1-95 is not a problem area, but east of it is.
Chair Grant thought with a housing authority, the Board does not have the ultimate say,
whereas with the Residential Improvement Program, they would. He wanted to restart
the Residential Improvement program with a payback recapture and capital gain limit.
Motion
Vice Chair McCray moved to approve. Ms. Romelus seconded the motion. That passed
3-2 (Messrs. Casello and Katz dissenting.)
C. Consideration of the Special Events Grant Submitted by the Community Caring
Center for their 2017 Annual Hunger Walk/5k Run
Mr. Simon commented the item was submitted past the deadline by about three months,
but there is enough information presented to determine the program is acceptable under
the conditions of the application. There are elements staff would want in greater detail
regarding the budget and sponsorship as they are not identified in the budget and how it
is applied in the budget provided to the CRA. If approved, staff would want to provide a
waiver on the time frame for the application that was submitted and add a condition in
order to fund 30% of eligible costs, the submission for reimbursement is accompanied
by a specific list of expenditures and sponsorship funds. This was the fifth year of the
event. Vice Chair McCray noted the Community Caring Center does not have many
events. The award limit is $5,000, but it is 30% of the eligible expenses, not to exceed
$5,000.
Motion
Vice Chair McCray moved to approve the grant for $1,600 and not to exceed $5,000.
Mr. Casello seconded the motion that unanimously passed.
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XV. CRA Advisory Board
A. CRA Advisory Board Agenda — Feb. 2, 2017
B. Minutes from CRAAB Meeting - Jan. 5, 2017
C. Discussion and Procedures for CRAAB Presentations and Reporting
Procedures at CRA Board and City Commission Meetings
D. Pending Assignments
1. Research for a Potential CRA Grant for Job Creation
2. Discussion and Creation of Draft Community Benefits Agreement
3. Research and Recommendations Regarding DIFA Agreement and the
Current Policy Regarding DIFA Agreements
E. Reports on Pending Assignments
1. Review the 29 Recommendations made in February 3, 2016 Miami -Dade County
Grand Jury Report Concerning Affordable Housing and Mismanagement of
C RAs
James DeVoursney, member of the CRA Advisory Board, explained the Board
reviewed the Grand Jury recommendations to improve the CRA in North Miami Beach.
There were 29 items they identified and the Board was to review what items the CRA
could adopt for the Boynton Beach CRA.
The first recommendation was non -elected lay persons should be appointed to serve as
full-fledged voting members on CRA Board. The Advisory Board's first choice
recommendation was for a seven -member voting Board, five lay people and two
Commissioners from the CRA District to get more citizen representation. Their second
was to have five Commissioners that shall appoint two lay people.
Item 2 was for the Legislature to amend Florida Statute 163.357 to read, "A governing
body which consists of five members shall appoint two additional persons that are lay
people to the CRA Board."
Item 4 indicates civilian appointees to CRAs shall be knowledgeable in certain fields,
which he listed.
Item 7 would impose a cap on annual CRA expenditures used for administrative costs.
The CRA Advisory Board recommends not to put a cap on CRA expenditures since
CRA costs are always under 10%, which was already a goal set by the executive
director.
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Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida February 1, 2017
Item 9 indicates State Statutes governing CRAs be amended to include requirements
that all CRAs force procurement guidelines consistent with the county or municipality in
which they sit. The CRA Advisory Board recommended not to agree to require CRAs
follow municipality guidelines as there needs to be some flexibility given what a CRA
can do and how the CRA policy already mirrors many of the City's requirements.
Item 10 recommended CRAs follow the best practices guidelines for grant programs
including solicitation, review and awards they hope will be developed by the Florida
Redevelopment Association, and the Advisory Board recommended no
recommendation be made at this time as there are some guidelines from the FRA which
the CRA follows, but no best practices standards have been crafted.
Items 11 to 13 pertained to requiring a percentage of TIF revenue to be used for
affordable workforce housing at a minimum of 10% and the Boynton Beach CRA is well
above that. The motion to set aside 10% of the TIF to benefit low to moderate income
workforce housing.
Items 14 to 20 did not apply.
Item 21 regarding the Legislature amend the Statute to require four hours of ethics
training each calendar year for all CRA Board members. The CRA Advisory Board
moved to require this for elected and non -elected members annually including the CRA
Advisory Board members.
Items 22 to 24 did not apply.
Item 25 to 29 regarding best practices was already available in many formats. The CRA
Advisory Board commented on item 27 to remove or better define what is permissible
under the prevention of slum or blight provision. The Advisory Board always knew it
was their mission to remove slum and blight and recommended the CRA Board use it
as their mission statement when they contemplate allocating funds for events.
Chair Grant opened public comment.
Nathaniel Robinson, III, Pastor, Greater St. Paul African American Methodist
Episcopal Church spoke to the Board as CRA Board members and Commissioners
noting the community listens to the Board discuss issues as a City Commission they
already discussed as a Board. They applaud the members' ability to wear multiple hats,
but most community members thought it was obtuse. He likened the situation as an
attorney speaking to a jury made up of him/herself and then after deliberation serving as
judge. As it relates to recommendation one, the community believes the Board should
be completely separate and if it comes to a vote about having two citizens as part of the
Board, they vote in the affirmative.
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Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida February 14, 2017
Pastor Richard Dames, 7284 W. Boynton Beach Boulevard, President of the Boynton
Beach Coalition of Clergy also favored adding two civilians to the Board.
Harry Woodworth, 685 NE 15th Place, past president of INCA, commented all 10 INCA
communities strongly support at least two non-political civilian knowledgeable people on
the Board. He commented the current Board is a Commission that makes political
decisions and a CRA Board that makes the same decisions. It is not good for the
community.
Woodrow Hay, 427 NW 5th Avenue, was one of the two citizens on the last hybrid CRA
Board. During those discussions, the City Commission did decide to have two citizens
on the Board. Adding two citizens, it should be made known that those two citizens
would have an equal vote and that what they say will not be held against them. Some
felt the Commissioners were held to a higher standard than the two citizens which was
why they were removed from the Board. Realizing they all had one equal vote confirms
and supports the City should have a seven member citizen independent board. He
asked the Commission consider the concept of letting the citizens make decisions and
have more input in the community.
No one else coming forward, Public Comment was closed.
James DeVoursney, 2625 Lake Drive North, thought about the review of the Grand
Jury recommendations. The arguments were to reduce the Board size from seven to
five comprised of just City Commissioners. He recalled discussion about fiduciary
responsibilities, but commented there is a fiduciary responsibility to tax dollars and Tax
Increment Financing (TIF) funds, The issue is there are elected officials that do not live
within the CRA District and they are making decisions for an area they do not live in. Mr.
Katz commented the same argument could be made that officials representing the east
side of the City should not vote on issues impacting the west side. He pointed out when
sitting, they represent the entire City and the point was a slippery slope. Mr.
DeVoursney thought it was different when a representative does not live in the area and
when making decisions without enough representation from the subject area.
Vice Chair McCray recalled when the CRA was formed, there was a five member
independent CRA Board. The Chairman of the CRA Board resigned after he purchased
many properties on MLK Jr. Blvd. for very low rates and then turned around and sold
them. He made over $1 million. The City had an independent CRA Board a second
time and more problems surfaced. He suggested, if a change is made, the change
occur after the election so it will not be a political stand. He noted, in regard to CRA
ethics training, they are mandated by law to take four hours of ethics training every year
and he differed as far as saying citizen board members should have the same weight as
a City Commissioner, because City Commissioners are elected. As elected officials,
they are held accountable and they can be removed from office. If the change is made,
he hoped it would occur after the election and he would support the will of the Board..
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Meeting Minutes
Community Redevelopment Agency Board
Boynton each, Florida February 14, 2017
Attorney Duhy explained the Board could pass the recommendations to the City
Commission and indicate which items the Board agrees with the CRA Advisory Board.
The City can change the makeup of the Board. Chair Grant commented he lives in the
CRA, other Board members do not. Chair Grant would approve a motion for five
Commissioners and two lay people for the City to move forward. The two new
members of the community on the Board would have to take the ethics training, and the
City Commission would have to agree they are good candidates.
Ms. Romelus strongly opposed going to a seven -member independent board due to
what Vice Chair McCray referenced. They were privy to information prior to it being
public and it impeded progress. If they are smart, they will have to learn from history
and not repeat it. The back and forth between the Board and City for so many years
makes the City look indecisive. They need to make a decision and move on. City
Commission and the public should come to an agreement and stick with it.
Mr. Casello suggested all look at what was occurring in the CRA district, noting there
has been a significant economic boom in the District and a new CRA leader. He did not
think now was the time to change and it is important to stick together as an elected
board and make decisions. The City has tried the various CRA Board configurations
and now the City has the CRA Advisory Board. He favored retaining the status quo.
Mr. Katz pointed out the last change to the Board was less than 12 months ago and
agreed it would be foolish to go back and forth. The prior and current Commissioners
came up with the most recent change and the CRA Advisory Board gives
recommendations that are heeded, but no one gets exactly what they want. The CRA
Board appointments are the most political appointments in the City and of the people
who apply, 90% will be people who served in the past, that want to maintain that
position. To say those members were non-political was untrue. As elected officials they
are held to a higher standard. Everything they do is documented and he has not seen
the same scrutiny of independent board members, and some of those independent
Board members screwed the City by purchasing properties cheaply knowing they would
be acquired in the future, raising the price significantly and still sitting on them today.
The person will never sell it unless he gets his price. The money could be better spent
elsewhere in the CRA and HOB. He agreed with Ms. Romelus and thought they should
make a decision and stick to it. Since a change was made less than a year ago, he was
not in favor of a change and he liked the CRA Advisory Board.
Vice Chair McCray liked Mr. Casello's comments and agreed there has been a lot of
development in the CRA District, but noted the HOB is hurting the most and there has
been little to no development there.
Mr. Casello suggested once development occurs, funds will be going into the rest of the
CRA District.
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Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Floridar 14, 2017
Chair Grant noted the CRA will not sunset for another 20 years and agreed
appointments to the CRA Board are political. He liked two additional members and that
appointments made are by a supermajority of the City Commission.
Ms. Romelus asked how many other cities have the City Commission sit as the CRA
and learned 68% of other cities statewide, have the same construct as Boynton Beach
and there is no issue with that.
Motion
Chair passed the gavel moved to recommend to the City Commission to appoint two lay
people by a super majority. Vice Chair McCray seconded the motion that failed 2-3,
(Messrs. Katz and Casello and Ms. Romelus dissenting.)
F. New Assignments from January 10, 2017 Meeting
1. None
XVI. Future Agenda Items
A. Direction Regarding the Disposal of CRA Owned Properties Located at E. MLK,
Jr. Blvd. and NE 9th Avenue to St. Paul AME Church of Boynton Beach
(appraisals ordered 11/23/16)
B. Status of District Clean Program
C. Interim Director Position (tabled until June 2017 — 6 mos. From Dec. 13th
meeting)
XVII. Adjournment
Motion
There being no further business before the Board, Ms. Romelus moved to adjourn. Mr.
Casello seconded the motion that unanimously passed. The meeting was adjourned at
8:16 p.m.
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Catherine Cherry i
Minutes Specialist
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