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Minutes 10-10-17MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, OCTOBER 10, 2017, AT 6:30 PM IN CITY COMMISSION CHAMBERS 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Chair Justin Katz, Vice Chair Joe Casello, Board Member Mack McCray, Board Member Christina Romelus, Board Member I. Call to Order Chair Grant called the meeting to order at 6:31 p.m. II. Invocation Board Member McCray gave the invocation. III. Roll Call Roll call was taken. A quorum was present. IV. Agenda Approval Mike Simon, Executive Director Tara Duhy, Board Counsel Mr. Casello removed Future Agenda item A and moved it to be heard as Item D under Old Business. Motion Mr. Casello moved to approve. Vice Chair Katz seconded the motion that unanimously passed. Motion Mr. McCray moved to approve the agenda as amended. Ms. Romelus seconded the motion that unanimously passed. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 Mr. McCray requested the CRA members be referred to as "Board Member" when the roll is called as opposed to Mr. or Ms. V. Legal A. Consideration of CRA Legal Counsel's, Lewis, Longman & Walker, P.A. (LLW) Contract Amendments Mr. Simon explained the item was a request for a contract amendment to discuss their retainer and hourly fees for shareholders and associates. Attorney Duhy explained, Lewis Longman & Walker, P.A. has not sought a fee since representing the Board in 2013 and they will continue their contract if that is the will of the Board. The firm put the amendment forward for the Board's consideration as they have held the CRA harmless from rate increases. Chair Grant queried if this was a negation or a request for the contract amendment, or a Board discussion whether to approve, deny or come back with a counter offer and learned it was at the will of the Board. Mayor Grant was fine with increasing the monthly retainer from $4,000 to $5,000 per month. He favored an increase of $10 and $5 for shareholders and associates respectively. Board Member Casello thought if reviewing the contracts, noting Attorney Duhy and the firm was very fair, then it should be put out to RFP to obtain benchmarks to gauge the fees and compare. It is taxpayer funds and the increase is $1,000 per month, plus the $20 increase for shareholders and $10 for associates. The hourly rate would increase from $230 an hour to $250 an hour. Board Member McCray asked, in regard to working with other CRAs, if it was a fair market rate and learned Lewis Longman & Walker P.A. represents the CRA at a substantial discount to the firm's normal government rate. Board Member Casello thought the City Attorney's fee rate was $190 an hour. Chair Grant noted it was for the firm and associates and was fine with it as they have served the CRA very well. The CRA has a lot of different items and it is not always the attorney's fault that things do not get done. Vice Chair Katz agreed with Board Member Casello's comments and favored shopping to compare the offer on the table with other potential offers. Board Member Romelus asked if Counsel receives an annual evaluation and about the protocol. Mr. Simon explained there is no annual review in their contract and it was not something the firm discussed for five years. The fee has not changed since 2013 and the 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 contract continued each budget year at the same rate. He commented after five years of being at the one rate, they could ask for an increase. Given it is October and the beginning of the fiscal year, it would be a good time to bring the item forward. Ms. Romelus disagreed because the fiscal year had already started and she asked why it was not discussed prior to the budget. Attorney Duhy agreed it should have been and if that is the Board's position it can be reconsidered during the next budget year. Her firm follows a different budget cycle and she had been asked to bring the request, consistent with their budget year, not the CRA's. Board Member Romelus thought if there is an increase in legal fees, it should have been accounted for in the current budget. She wanted to table the item to the next upcoming budget workshop to allocate the funds. She believes the firm is entitled to a raise and there has been an increase in the cost of living. Board Member McCray noted budgets are amended all the time and did not want to hold the firm hostage by the Board saying they should have. If they give the increase, he favored issuing an RFP next year. The firm did not have an increase in five years and he thought it was the Boards.fault and the prior Board as well. He agreed with Chair Grant. There was discussion about the amount of legal fees paid last year. Mr. Simon noted the legal fees line item was sufficient to accommodate the increase. Board Member Casello requested the Board come up with a review process for whatever law firm they use. Board Member McCray commented when staff brings items to the Board they should have an amount. Mr. Simon suggested tabling the item. Chair Grant reviewed the financial statement and noted the amount was the $100,000. At year-end, the balance was $61,000 and none of the work was contracted. Motion Board Member Casello motioned to move forward with an RFP. Vice Chair Katz seconded the motion that failed 2-3, (Chair Grant and Board Members McCray and Romelus dissenting.) The next issue to decide was the $1,000 increase in the retainer, a $20 hourly increase for shareholders and $10 increase for associates. Chair Grant proposed a $1,000 increase for the retainer, $10 for shareholders and $5 per Associates as a retainer. If not spent, it is returned. Chair Grant opened the floor for public comments, David Katz, 67 Midwood Lane, cautioned the grass is not always greener on the other side and pointed out none of the board members have met halfway. He contended a $1,000 increase over the $4,000 retainer is a 25% pay raise, which he thought was high. K, Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 A $500 a month increase and leaving the hourly rate the status quo would only be a 12.5% increase, which would be more palatable to the public. He thought Attorney Duhy and the law firm has done a good job now and in the past. He thought the Board could compromise and approve a $500 a month increase on the retainer. No one else coming forward, public comment was closed. Motion Board Member Romelus moved to table the item to the next meeting so the facts could be presented and the Finance Director could be present. Vice Chair Katz seconded the motion that failed 2-3, (Chair Grant and Board Members McCray and Casello dissenting.) Chair Grant asked for a motion to consider the amendment. The amendment pertained the hourly rate increase to $250 for shareholders, $200 for Associates and a $5,000 a month retainer. Attorney Duhy explained she and Attorney Ken Dodge, who does most of the real estate work are shareholders, Katherine Rossamel is an associate who does the bulk of the work on the RFP's and the CRA and she would get a $10 increase and Attorneys Dodge and Duhy would get $20K. Attorney Duhy explained if the Board only wanted to approve one increase, she requested the associate receive the $10 increase and not the shareholder. Motion Board Member McCray agreed with what the firm requested. Chair Grant passed the gavel and seconded the motion that passed 3-2, (Vice Chair Katz and Board Member Casello dissenting.) V. Informational Items and Disclosures by Board Members and CRA Staff Vice Chair Katz, Board Member McCray, Board Member Romelus and Board Member Casello had no disclosures. Chair Grant spoke with Andrew Podray, who is listed as the landlord for some Consent Agenda items. VII. Announcements and Awards A. The 6th Annual Boynton Beach Haunted Pirate Fest and Mermaid Splash Official Proclamation The Lord Governor Henry Hyde arrived to proclaim the 6t" Annual Haunted Pirate Fest and Mermaid Splash on Saturday, October 21St, from 11 a.m. to 9 p.m. and on Sunday October 22"° from 11 a.m. to 6 p.m. He invited all to attend the free event sponsored by the Boynton Beach CRA. He announced the Boynton Beach CRA has the finest and 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 most popular Pirates Fest, laden with costumed characters, live mermaids, fairies and wonderful entertainment including fire breathers, the wheel of death , and a spectacular Pirates of the Sky stunt show. There are 12 stages of continuous entertainment, comedy, fun, children's activities, Spooktacular Haunted House run by the Schoolhouse Children's Museum, face painting and performers from all over. Ms. Romelus asked where his better half was and learned she would be present at next Tuesdays Commission meeting. B. Movies in the Park Mercedes Coppin, Special Event Coordinator, announced the next Movies in the Park event will be held on Friday, November 3rd, and will feature the "Boss Baby Movie," a new Pixar animated family film, which will she shown at 7 p.m. and will end at about 9 p.m. The movie is rated PG and 'is an animated comedy fantasy movie. A trailer featuring select CRA businesses will be shown prior to the movie and all guests are entered into a raffle to win gift certificates from those businesses C. Florida Redevelopment Association (FRA) 2017 Roy F. Kenzie Award and International Festivals & Events Association (IFEA) 2017 Pinnacle Awards Mr. Simon explained the CRA received eight awards from the prestigious International Festival and Events Association Pinnacle Award Competition. The Boynton Beach Haunted Pirate Fest and Mermaid Splash received: • Gold Best Event Website • Gold Best Event Program • Gold Best Single Newspaper Display Ad • Gold Best Event Promotional Photograph • Silver Best Miscellaneous Printed Materials — Multiple Pages • Bronze Best Outdoor Billboard • Bronze Best Giveaway Item —Treasure Hunt Map and Treasure Box as part of the Boynton Beach Haunted Pirate Fest and Mermaid Splash. The CRA also received the Gold Single Newspaper Display Ad for the Boynton Beach Celebrates MLK event. International contenders were from Singapore, Dubai, Sydney, Australia, China and it is a true international array of entries and other reknown and successful events. Mr. Simon thought the CRA and the City should be proud of these awards and he praised CRA staff including Tracy Smith -Coffey, Mercedes Coppin and Azim Hussain for their work on events and their advertising and support of them. Mr. Simon explained the Boynton Beach CRA was also selected by the Florida Redevelopment Association for an award for "Outstanding New Building", which was the 500 Ocean building. The CRA members attending next week's Annual Florida 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 Redevelopment Association Conference will make a 10 -minute presentation of the project and the CRA's role in the project and providing information to other CRAs how to duplicate the CRA's efforts to help them. He thanked the Board for their support of the project awards and the work the CRA does. Between these awards and the awards from the Florida Festival and Events Association, the Board should recognize the successful work the CRA does both regionally and internationally. It was noted the awards are displayed in the CRA Conference Room. VIII. Consent Agenda A. Financial Report Period Ending September 30, 2017 B. Monthly Purchase Orders C. Approval of CRA Board Meeting Minutes - August 29, 2017 D. Approval of CRA Board Meeting Minutes - September 19, 2017 E. Approval of Contract Agreement for the Boynton Beach Holiday Tree Lighting and Concert Decor. F. Approval of Driftwood 2005, LLC for Commercial Rent Reimbursement Grant Program G. Approval of Divine N Corp, d/b/a That's Amore for Commercial Rent Reimbursement Grant Program H. Approval of Divine N Corp, d/b/a That's Amore for Commercial Facade Improvement Grant Program I. Approval of Boynton Stretch, LLC for Commercial Rent Reimbursement Grant Program IX. Pulled Consent Agenda Items None Motion Vice Chair Katz moved to approve the Consent Agenda. Board Member Romelus seconded the motion that unanimously passed. X. Information Only A. Public Comment Log R Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 No comments received. B. Marketing and Business Development Campaign No comments received. XI. Public Comments Chair Grant opened Public Comments Susan Oyer, 140 SW 27th Way, commented last year there was not enough publicity at the beginning of the Movies in the Park and Music on the Rocks season. She looked on line until a day or two before the movie, nor did she see signs. She tried to get postcards at the last CRA meeting and there was no publicity. She can distribute about 150 of the postcards to her students and the school staff where she teaches. She felt bad there was only 50 to 60 people at the movie and seven of them were her students and their families. She thought there should have been tons of people. She also advised the CRA and City Commission meetings are not showing up in the Palm Beach Post for a few weeks under the list for public meetings. She also hoped they are adjusting the colors in the trees on Ocean Avenue for the Haunted Pirates Fest. She mentioned they are supposed to go off to save the bulbs, but they are on continuously and the bulbs are expensive and hard to obtain. She thought they should be on a timer. Board Member McCray thought he had seen some signs around. It was noted the Pirate Fest signs are visible and the event is well promoted. Ms. Coppin advised there are no signs for Movies in the Park, as all the signage is related to the Pirates Fest. The Movie events were promoted through social media and email blasts. Board Member Romelus asked about the businesses that are advertised in the CRA and the gift cards the CRA raffles off at the Movies in the Park event. She wanted to know are those promotional offers promoted during the movies or is it all CRA businesses in the District get promoted. Ms. Smith -Coffey has a list and the businesses are rotated. As businesses come into the District, Ms. Smith -Coffey contacts them to further promote them to event attendees. The raffles are a partnership between the CRA and the business owner. The CRA creates a video for them and in exchange they provide gift certificates to raffle at the Movies. Board Member McCray noted the Pirate Fest and the Movie in the Park events will be held within a short time of one another and asked if that why staff has not put up two signs. Ms. Coppin believed so as they only have so many banners and space on the streets to hang the banners. She would confirm with Ms. Smith -Coffey. The Music on the Rocks will start in November. FA Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 Peter Joubert, 305 SW 5th Avenue, asked about the trash build up from the Hurricane and if the CRA was involved in any efforts to address it on their property. Mr. Joubert advised he sees trash, and it is all over the City. Chair Grant noted the CRA owns property in the Cottage District, the HOB and Ocean Breeze East. Mr. Simon explained the CRA attends to their property the same as anyone else. What remained was debris from other individual lots that have not yet been picked up by FEMA or the City. There is no special fund for the clean up of the general area other than their own properties. Anwar Kahn, 610 NW 25th Avenue, explained he is from Bangladesh and has a team that works for diversity, cultural shows and events and they have been holding events for the last 7 years. The Mayor and some of the Commissioners attended last year. A few weeks ago, a Chinese group got involved with them and they are trying to involve Hispanics in the next event, but the space and the dates make it difficult. He would like to hold a big event like Sunfest. He asked if the City can do something with help. Chair Grant commented they have a Celebration of Unity event, involving minorities. It is a City/CRA event along with MLK and they want other volunteer organizations. Mr. Simon will take his information and reach out to join the Committee. Lasendra Wilson, 508 NW 12th Avenue, has owned a home in Cherry Hills for 10 years and explained she purchased her property with a CRA grant. Over the last month, there has been an increase in crime and her home is near the Cherry Hill store. Her contract with the CRA is stopping her from refinancing or renting her home. If she sells the home, she has to pay back the funds from the grant. She had a few run ins in the neighborhood about the crime. In the last month there were six crimes including two deaths in her front yard. Her yard has become a crime scene four or five times and there have been drive- by shootings. The Police knock on her door asking to survey her property to see if there were any bullet shells left. Her son attends Spanish River and is a good student. She has three children and none of them have ever played in their front or back of their yard. She is married and she and her spouse both have good jobs. She spoke to Mayor Grant to voice her concerns. The last time she came home, she could not get in her yard due to a crime. She has never complained, but since it was happening so much, she was asked to file a report. The phone number she was given was anonymous to report. She was asked to go down to the station to make a report at 10:30 p.m. Her contract says she cannot move or rent unless she pays back the $60,000 grant from 10 years ago. She wanted to apprise the Board of the situation so someone could look at the contract to see if there was a way for her to gain relief. She feels like a prisoner. Board Member McCray advised he requested she speak to the CRA and pointed out the City Manager, Lori LaVerriere was present who has jurisdiction over the Police. She and the Police Chief can do something about the matter. He advised Cherry Hill has a problem and he was sorry she had to live that way. Board Member Romelus asked about the contract and learned the home was owned by the Boynton Beach Faith -Based Community Development Corporation. After 10 years, the property is hers, but the life of the loan was 30 years. She explained each year 10% E:3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 was given and she was at the midway point. A large deposit is needed to purchase another home, and if she gave back 50% of the loan, she would go into a new home in debt. She contended after 10 years, she should be able to refinance her home and improve it, but the contract does not allow it. The home was supposed to be a starter home and was designed to be a long-term contract to build up the neighborhood. There were many things promised that never happened. The empty lot across the street was supposed to be single-family homes, but it attracts people who party and she finds drugs in her mailbox. She pleaded with the post office not to have a mailbox by the road. She wanted the CRA to review the contract with the homeowner. A neighbor was also going through the same thing. Attorney Duhy advised they will review it and Mr. Simon will contact her. Board Member Casello commented the situation was an example of how a good person does not feel safe in her own home. There is no handle on the matter and the situation was ongoing. He tried to implement what he thought would help at a meeting, but his motion failed. He advised the issue was not fair to her and others who live in the area. Chair Grant noted the Palm Beach County Housing Authority owns those properties and has not done anything in Cherry Hills. He explained the CRA is working to obtain those properties to build homes there. She explained when she moved into the home, there were duplexes there, which were demolished and not replaced. Vice Chair Katz asked if she would move or sell the home if she were able. She responded she should leave for a year as they have been exposed to many things. Her daughter cannot walk to school. She has a 9 year old and a 15 year old. She has an alarm, a dog and video surveillance. She asked the CRA to buy her property and put the police station there. She was open for suggestions. The contract is the problem. Ms. Wilson explained homeowners can do some things, but they have to get permission. She suggested speed bumps be installed as it is hard to do a drive by shooting with speed bumps. Board Member McCray explained the problem has been there for years and the crime rate for Cherry Hill has been escalating. There are good and bad people in Cherry Hills, but the crimes are not committed by Cherry Hill residents, it is from others that come from other areas. There is a hardship and the contract should be reviewed on a hardship basis. Andrew Podray, 800 North Road, was working on a project that may have been ended earlier and he has been working with Mr. Simon and other City personnel about the downtown parking. A while back, he raised the issue of parking in the downtown core and the proximity of parking spaces. When the Ocean One project was approved, he was adamant that proximity of parking spaces to a particular commercial venue was critical to the long term viability of the downtown core. He commented if reviewing an aerial of the Ocean One project, parking in the parking lot occurs from the four-story office building to the east. Ocean One will be constructed. There will be a parking garage in E Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 the middle to the southern portion of it, and the majority of the retail will be on the north side. He contended no one would park in a parking garage, walk 450 feet to grab a cup of coffee and they will park in the lot across the street, which was his, or in the office building parking lot. He discussed this with Mr. Simon and City Directors and came up with a concept to add on -street parking on the north side of the road between Boynton Beach Boulevard and between SE 5th Street and preferably on both the north and south side of the street. He explained doing so will allow Casa Costa to thrive. He explained he was able to fill commercial space, and could have done so faster if there were adequate parking spaces. He commented one will see moving vans and landscapers in the road on a regular basis going east on Boynton Beach Boulevard and Federal Highway. He explained doing so would mean less maintenance for the City. The paver bricks have to be pressure washed as there is landscaping there. It would help lease up Casa Costa and Ocean One as everyone can park on Boynton Beach Boulevard east of Federal and use the bakeries and restaurants at Casa Costa or at Ocean One. (Board Member McCray left the dais at 7:27 p.m.) He commented when Ocean One is built, there will be legal issues between the four story office building and Ocean One because all the patrons and tenants from Ocean One, and about half from Casa Costa will use their parking spaces. He thought eventually there will be some type of a sticker program and parking would be an issue. He was hoping to avoid the problem and was working with Mr. Simon to have an on -street parking plan that will work in the downtown core. He thought it was vital as people will not want to walk very far and the City's efforts will be crippled early on. (Board Member McCray returned to the dais at 7:28 p.m.) Chair Grant asked if the City imposing a two-hour parking limit had an effect on any of Mr. Podray's businesses. Mr. Podray explained that was a proximity issue and it was east of SE 5th Street and it is more of a residential park. During the week, the parking is filled to capacity. The person who wants to run in and out for coffee will have no viable parking alternative. There is on -street parking east of SE 5th Street, but it is not close enough and it is always filled. The most prominent intersection in the downtown core will be Boynton Beach Boulevard and Federal Highway. He thought it should be functional. Board Member Casello asked how many commercial spaces were filled and learned when Mr. Podray started, there were two spaces filled out of 12, one of which went out of business and they have 11 leased. Mr. Casello explained he did not see any activity. Mr. Podray explained four are in permitting and they started construction on seven of them. The CRA just awarded one of the businesses a grant. No one else coming forward, public comments was closed. XII. Public Hearing 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 XIII. Old Business A. Boynton Beach Boulevard Streetscape Improvement Project Update Thuy Shutt, Assistant Director, explained Kimley Horn and Associate was retained to design the Boynton Beach Boulevard streetscape. The drawings are 30% complete for the design and there are three concepts for lighting, three for the pavement and hardscape and a choice of landscape materials. Kimley Horn was seeking input from the Board to move forward. The design has three different schemes. The lighting ranged from streamlined modern to more tradition lighting details and the sidewalk has a nautical theme. It had been previously agreed on the Boynton Beach Boulevard as the Gateway entrance to the City, should be treated differently. Jonathan Hague, Landscape Architect, Kimley Horn, explained he received prior input from the Board indicating they liked the blue and the wave theme. Concept A has literal interpretation of waves in the sidewalk. It was an ultra -modern iteration with curved light poles with a street fixture and a lower fixture for the sidewalk which would be alternated between the taller pole with the two fixtures and the lower pole with just the sidewalk fixture. A street view of what the waves would look like on the sidewalk was viewed. He noted all three concepts will show an idea for the corner of the 95 exit and introduce some signage or festive flag type structures to welcome people to the City. Concept B showed the waves more as concentric circles radiating in the sidewalk pattern. The lighting was similar to what is on Ocean Boulevard and the bridge and Kimley Horn would still use the taller poles with the street fixture with a lower fixture for the sidewalk. A street view of the concept was viewed. Chair Grant thought the difference between concepts A and B was more pavers in front of the sign. Mr. Hague explained they were all slightly different. One image would show what the sign would look like with enhanced landscaping behind it, or more colorful flowering trees and less flags. The elements are all interchangeable. Concept C had light fixtures with a nautical look resembling the Marina and the pavement pattern has a more modern interpretation of a wave pattern. Board Member McCray asked about the lighting on Seacrest Avenue and learned it was on FPL rented poles; however "B" most closely resembled the lights on Seacrest. They can introduce a new look or match what they have. A blue pattern for the sidewalk was being reviewed. A bonded aggregate overlay was viewed. This is normally seen on crosswalks. The same was also used on MLK. He explained it is different on a sidewalk as it gets less dirty than on a road. The next option is a blue paver with coquina shell and a bit of sparkle. The pavers would be .12' x 12'. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 Board Member Casello asked how it would be cleaned and learned it would only require regular sidewalk maintenance. He had noted some crosswalks were very dirty. Mr. Hague had noticed some crosswalks that were dingy but pointed out the crosswalks are very old and the materials not as good. The pavers under discussion were a higher quality and a sidewalk is completely different than a roadway. Board Member Casello commented building material has a life span. Mr. Hague explained the subject paver with integrally dyed color may need to be sealed or pressure watched once per year to maintain the color. Board Member McCray asked which paver was the most durable Mr. Hague explained the glass aggregate introduced into the concrete and poured -in-place was durable. The most expensive option was the glass aggregate pavers. Discussions about color retention and how to blend the colors if a paver needed to be replaced followed. Blending could be difficult, but an artist could do the job. Blue aggregate pavers could be used at entrances and they hold up well for high traffic places. It was noted there will be bike lanes in the road. Approximately 30% of the sidewalk will be covered with that pavement. Kimley Horn conducted general cost estimates for the cost of the different versions. The difference between using the highest and lowest grade for the entire corridor was about $200,000. The treatment was fairly expensive, but the majority will be regular grade. Mr. Simon explained, depending on the budget, if the Board wanted the most expensive product to have most impact and be longest lasting, they can reduce sidewalk area and spread the value over the length of the roadway. There can be a mix of different treatments. Chair Grant asked about the concept for the sidewalks, entrance and lighting. Board Members McCray and Romelus favored lighting fixture B, noting it will tie in with Seacrest. Board Member Casello asked if the City will own the poles and learned they would. They will have electrical outlets at the base and LED lighting. Chair Grant liked concept A but agreed with Board Member McCray regarding the lighting on Seacrest Boulevard. He favored light fixture A from 1-95 to Seacrest and then fixture B from Seacrest on. He asked about the pole colors, Mr. Hague suggested sticking with the same color and commented black was timeless. Chair Grant wanted black fixture A from 1-95 to Seacrest and fixture B from Seacrest to Federal Highway. Board Member Casello liked the fixtures on Seacrest. Vice Chair Katz would pick fixture C because of the Marina. He was not opposed to different styles on different streets because people coming to the city would use Boynton Beach Boulevard to get to Federal Highway or Ocean Avenue. He liked fixture C. 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 There was consensus for light fixture B. Sidewalks were discussed and three patterns were reviewed. One had an irregular wave, then a circle with a ripple effect as pattern B and then C had more of a two-sided wave. Vice Chair Katz liked pattern A 1 because they look like waves. Board Member McCray liked A, Chair Grant liked A. Board Members Romelus and Casello supported pattern A. There was consensus for A The members discussed the pavers entrance Vice Chair Katz liked theme A as did Board Member McCray, and the rest of the Board. The entrance concept were reviewed. Chair Grant noted concept A did not have pavers at the beginning or open space. Concept B open space looked like it had two different colors of blue. It was also similar with what was done with the entrance sign and had more pavers. Concept C had more of the waves. Chair Grant was concerned between concept B and A what was the plan for the open space in front of the sign. Mr. Hague explained they would ask DOT to put this on their right of way and there were changes coming to the interchange they will have to consider. As far as pavement in front of the sign, similar to the sign on U.S. 1. It was similar to clearing space for a viewing zone and creating patterns on the ground to create some interest at the north sign. Board Member McCray asked if the sign on the south side entrance coming into Boynton was smaller and learned it was, but the sign was in the median verses the sign north of Gateway on the west side of the road. Chair Grant favored concept A with the panels. He thought they could do something creative with them and do something yearly or have different art exhibits. It could remain stagnant or changing them or having them all uniform. Vice Chair Katz liked concept A and the Breeze into Boynton, but he thought they looked like leaves instead of sails. He favored concept A if they looked like sails and that there was a minimum amount of paver space. He was concerned about panhandlers in the walkable area of the 1-95 ramp, which was not the idea it would be used for. He wanted the minimum space there and to use plants, but wanted to see sails and something nautical Board Member McCray liked concept A. Board Member Romelus was concerned about the sails at Ocean Front Park and hurricanes as the sails break and learned they are metal. She liked concept A. Board Member Casello liked concept A and asked if they could be solar panels. There was consensus for concept A. Ms. Shutt explained they will work with City Staff and the Town Square developers and they will come back with probably costs as they get more detailed design development. Mr. Hague could return in December with 50% to 60% drawings. Vice Chair Katz asked 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 the Board to contemplate what it wants and was committed to financing the plan. Chair Grant agreed and hoped the developer of Town Square could follow the concept from Seacrest to Federal Highway. Moving forward, Mr. Simon suggested when the CRA determines its design recommendation they should submit it to the City Commission for their formal approval of the design of the street. Board Member McCray requested Mr. Hague also bring back a life expectancy of the street and learned he would bring back a life expectancy of each treatment. Board Member Romelus agreed with Vice Chair Katz. The namesake street should have some sort of special design. B. Consideration of the Purchase and Development Agreement with Centennial Management Corporation for the CRA Owned Property Located at 700 N. Seacrest Boulevard, a/k/a Ocean Breeze East Mr. Simon explained CRA staff, legal and staff at Centennial Management has been working hard to draft a purchase ad development agreement. Other than boilerplate language, as was done with Ocean One, he outlined the key terms on the agenda cover. There is an application for the 9% tax credits due in the beginning of December. Staff used the base contract and all reviewed each paragraph and outlined the specific terms. Chair Grant did not know if the Board was binding future CRAs by committing to fund the gap financing. Mr. Simon explained the RFP offered several options to work with. Centennial Management Corporation gave four different options for development, which included Centennial acquiring the property within the first 60 days of the contract and as owners, applying for as many cycles or applications for tax credits or SAIL applications as desired. The initial discussion was for a 10 -year opportunity to continue the cycle applications, but the Board supported a single cycle after ownership would take place. Centennial would purchase the property for $800,000 and apply for 9% Low Income Housing Tax credits in December 2017 and if successful, they would move forward with the project only needing the $567,000 local government contribution. If unsuccessful with the December 2017 application, Centennial would immediately go to application for the October 2018 4% SAIL application and simultaneously, they would also apply for the 9% Low Income Housing tax credits in December 2018. If the 2018 SAIL application was awarded to Centennial that was the award they would use. If they were unsuccessful, they would await a decision of the 9% 2018 application. If they were selected for the 2018 9% tax credits which would be awarded in the spring 2019, they would move forward with the project and only need the local government match of $567,000 and the 9% would supply the needed construction funds for the project and the CRA would support the site plan and permits however they could. 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 If the CRA learned in 2019 that both those options failed, the CRA Board agreed the next default action would be the CRA would provide gap funding over a 15 -year period at $350,000 to combine funding supplied by tax credit availability and tax-exempt bonds from the County and State through the CRA. The CRA would make up a tier of funding and Centennial will not continue trying to obtain the credits through the lottery. That is how the agreement was framed. There is an acquisition and funding section of the contract. Chair Grant asked if the Florida Housing Finance Corporation is bound to build with the 15 years at $350,000 even though there are fluctuations in the market and learned there is a reverter clause. Louis Swezy, confirmed Centennial is bound by the amount between 2017 and 2019. Board Member McCray thought the process was too long. It was always a lengthy process and he thought Centennial had their ducks in a row and was ready to build. He did not like what he was hearing. Board Member Romelus asked if Centennial would start to build in 2019 if they were unsuccessful in their application for tax credits and learned they would, but they would need the CRA contribution. She thought Centennial was going through one round of TIF in 17/18 and not 18/19. She thought Centennial would apply this year and if unsuccessful, the CRA would fund it next year. Mr. Simon responded it was a negotiable item. Both the CRA and the CRA Advisory Board recommended because they wanted to submit a 9% application and a SAIL application, and the deadline to submit for the fall SAIL and the 9% was only a month or two apart. It made sense to allow them to submit a second application at the expense of Centennial. They would have two 9% opportunities and one SAIL opportunity within the same time period. It would not extend the timeframe for that opportunity and because it would save the CRA $5 million, it was worth it. If not successful with either of those, Centennial would utilize the $350,000. Mr. Swezy explained paragraph 20 Item B, specified if not awarded credits in the 2018 cycle which is upcoming, they will look at Item 2. The option is up to the City. They can apply for tax-exempt bonds and use CRA funds and build immediately. It was an option the CRA could use. The CRA can execute funding it at any time. The applications are due in December and the scores announced in about 30 days. There is an appeal process which takes from three to six months, but historically, they should know the outcome in three to four months. Board Member McCray inquired if everyone was given the same options when the RFP was issued and learned all the respondents were offered the same opportunity. The Board had the opportunity to decide whether they wanted to fund immediately or if they would use TIF at some future date, and the Board, under this option, covered all the possibilities other respondents discussed. After selecting Centennial as the respondent and analyzing their ways to build it, the Board chose to take this direction. 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 Board Member Casello recalled when Centennial appeared, he mentioned properties they develop and still own. He asked if the property will be flipped. Mr. Swezy explained Centennial owns 1% of the development for 15 years and then sell the credits, but Centennial has constructed 20 communities and each time they repurchase them from the equity provider and manage the property. They have never sold anything they built. Vice Chair Katz agreed to go with this group, all got a chance with the tax credits and he favored putting the money forward per their proposal. Motion Vice Chair Katz moved to approve. Board Member Romelus seconded the motion that passed 3-2, (Board Members McCray and Casello dissenting.) Attorney Duhy requested the motion include language that legal will prepare for execution of the final document and make the technical changes that may be necessary. Motion Vice Chair Katz moved to approve. Board Member Romelus seconded the motion that passed 4-1, (Board Member McCray dissenting.) C. Approval of the FY 2017 - 2018 Boynton Harbor Marina Dockage Lease Agreement (Tabled 9/27/17) Motion Board Member Romelus moved to remove from the table. Board Member Casello seconded the motion that unanimously passed. Board Member McCray mentioned the printed agenda uses roman numerals. On the electronic agenda they use numerical numbers and he requested they be consistent with the numbers. Mr. Simon would contact Novus. Mr. Simon reviewed the item and included information in the backup. The item was tabled at the last meeting as staff did not place the breakdown of a comparison with other marinas and various scenarios what the increased rent would do per month annually, based on options to change the rate from $18 per linear foot. They identified similar commercial marinas and provided the linear foot rent rate from Ft Pierce at $11.50 to Riviera and Lake Park at $22 and the CRA is at $18. The CRA charged $16 last year in 16/17. There are written agreements and the rate needs to be discussed and decided. Board Member Casello asked how one boat owner could have a reduction in rent if the rent is increased? Mr. Simon replied the spreadsheet had an error. All but the water taxi EN Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 slips are filled. The CRA has received an application for slips 12 and 18 and they are in the process of providing the required documents for businesses and marine businesses for review and approval. Board Member McCray asked if the tenants were receiving anything in return for the increase. Mr. Simon explained the Board's option is to leave the rent at $18 or consider an increase. Staff used dollar increments to provide the Board with an analysis of how it would appear in monthly and annual income. Board Member Casello commented they spent millions at the Marina and a new Promenade and new amenities. He feels the CRA gave boat owners more exposure with the boardwalk. They also had a storm and there is over $30,000 worth of damage to the landscaping. Improvements involve maintenance costs. The Marina was very comparable to all Marinas and he thought a dollar increase was warranted to help with those costs. It all comes out of CRA money and the costs should be shared. Board Member Casello wanted $19 this year. Board Member Romelus agreed to a $1 increase. Chair Grant was fine with $19 and he read the clauses regarding the trip log and the ability of losing the fuel discount if they do not submit the log monthly. Board Member McCray asked about the hurricane damage. Mr. Simon explained Board Member Casello had asked about the damage to the new landscaping and was advised there was about $30,000 in damage to the newly planted landscaping and open space and about 12-15 Coconut Palms and other vegetation. They have a hurricane contingency and as the opportunity to plant new trees arises, it will come before the Board. Board Member McCray asked if FEMA would reimburse the CRA for any of th damage and learned they do not. He implored the Board to provide the information to all members, but he was amenable to the $1 increase. Vice Chair Katz explained he could wait a year for an increase as there were construction delays and there were losses the owners incurred that could be recouped. If the Board resolved to increase the rate, he favored specifying what the rates will be for a two or three year period. He favored waiting one year and then increasing the rate, due to the downturn in business due to construction. Board Member Casello recalled the Board had given the tenants a free months rent to help mitigate the loss in revenue. Attorney Duhy did not see any prohibition setting a rate for the next year to advise tenants. Board Member Casello preferred to request the Director return to the Board and apprise the members about maintenance costs of the new boardwalk, Promenade and vegetation. This included utilities, power washing the Boardwalk and graffiti removal. Chair Grant asked if the CRA was refilling the Marina Village dog trash bags and learned the CRA was maintaining the dog waste and trash on CRA property, which was the open space, the Harbor Master building and boat slips and Marina Tower. UFA Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 Motion Board Member Romelus favored $19 for this year and next. Board Member Casello seconded the motion that passed 4-1, (Vice Chair Katz dissenting.) Motion Board Member McCray moved to approve the two revised dockage lease agreements. Board Member Romelus seconded the motion that unanimously passed. It was noted this included the trip log. Board Member Casello requested Mr. Simon return with a cost for future maintenance at the Marina and the Harbor Master fuel discount D. Consideration of the Purchase and Development and Tax Increment Revenue Funding Agreement with Ocean One Boynton, LLC for the CRA Owned Property Located at 222 N. Federal Highway Attorney Duhy advised on August 8th staff presented a draft Purchase and Development agreement and revised TIRFA. Attorney Duhy worked with the developer on the revisions. This was the same as originally presented on August 8th. She provided photocopies of the draft language of Section 5.1.5.and the proposed language the developer is now more comfortable with, representing their commitment on the commercial space. It is the only change of substance. Mr. Simon was comfortable with the agreement and Attorney Miskel, representing the developer, was present. The reverter clause gave the CRA 10 days to make a decision and sometimes the Board does not have a meeting within 10 days nor can they give notice within the 10 days to approve it. He noted the developer indicated they would also include any improvements that were made to protect the CRA and use the reverter clause if possible. Attorney Duhy suggested changing the language to indicate it will be put on the next available Board agenda and they would take the option so many days after that meeting. Attorney Miskel advised the proposed language was acceptable. Motion Board Member Casello moved to approve. Board Member McCray seconded the motion that unanimously passed. XIV. New Business A. Boynton Woman's Club for the CRA Owned Property Located at 1010 S. Federal Highway Update Mr. Simon advised the CRA closed on the property on September 29th and there was a nice ceremony at the Woman's Club, attended by CRA staff and legal. They are excited f:. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 the CRA Board acquired the property. They inherited 11 events, weddings, meetings already assigned that the CRA will now manage per their contract. Staff is in a holding period accepting new events outside of CRA events, as there are items to be addressed in November such as the rental agreement, the policy on rates, non-profit versus for-profit rentals, and requests by existing organizations that do not pay a fee to have their monthly meetings at the facility. Staff would like to put together a renovation schedule and present it to the Board in November and had discovered there is water intrusion in the elevator shaft. They are having their first wedding on Saturday. Mr. Simon explained the building was called the Boynton Woman's Club. When the property was acquired, the name of the organization did not stay with the building and the Board can name the building and discuss it. Staff can present options and Mr. Simon suggested keeping the name simple and have it center around Nathaniel Boynton. He explained every time their name comes up, it will pertain to the organization and not the building. Staff sought to have people to have a contract with the CRA for the use of the unnamed building and should disassociate itself with the name of the building. Mr. Casello favored keeping the same name. Chair Grant will post this on Boynton Beach Raw to obtain comments. Staff will present some options. Board Member McCray wanted to ensure they know who is responsible for renting it out and taking care of everything. Ms. Romelus queried who was asking for the name change as the Boynton Women's Club is still an active entity and the building was synonymous with the name. The Woman's Club is still active and could meet anywhere. From a marketing perspective the two should be separate. The reason for construction of the building historically, was supposed to be a monument to Nathaniel Boynton which is why the cornerstone reads the Nathaniel Boynton building and not the Woman's Club. The Woman's Club continued the legacy. XV. CRA Advisory Board A. CRA Advisory Board Agenda - October 5, 2017 B. Pending Assignments 1. Review and Revise Vendor Policy for other CRAs/Non-Profits (Tabled 6/1/17) C. Reports on Pending Assignments 1. Consideration of CRA Advisory Board Member Attendance at the 2017 Florida Redevelopment Association Conference 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 Mr. Simon advised at the last meeting, the Board approved hotel and registration expenses for two Advisory Board members to attend the conference. Ms. Cindy Falco- DiCorrado and Tom Murphy, Jr. will attend the event. The alternate attendees are Dr. DeVourseney, Allan Hendricks and Rick Maharajh. D. New Assignments from August 29, 2017 CRA Board Meeting 1. None XVI. Future Agenda Items A. Consideration of the Purchase and Development and Tax Increment Revenue Funding Agreement with Ocean One Boynton, LLC for the CRA Owned Property Located at 222 N. Federal Highway B. Consideration for Revision to the CRA Procurement Policy Including a Local Business Preference Under a Competitive Process C. Consideration of Parameters for an RFP/RFQ for the CRA Owned Property Located at NE 4th and NE 5th Avenues, a/k/a the Cottage District D. Consideration of Property Tax Formulas for Land Trusts XVII. Adjournment Board Member Casello wanted Mr. Simon to give an update on 211 Magnuson House at the next agenda. Board Member Romelus also wanted to add a Board discussion to consider how to deal with incomplete RFP responses and how to allow for staff, if the response is turned in early, to apprise the respondent the application is incomplete and they can resubmit before the deadline. Motion Vice Chair Katz moved to adjourn. Board Member Casello seconded the motion that unanimously passed. The meeting was adjourned at 8:51 p.m. Catherine Cherry � Minutes Specialist 20