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Minutes 03-13-18
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH FLORIDA ON MARCH 13, 2018, AT 6:30 P.M. Present: Steven Grant, Chair Mike Simon, Executive Director Justin Katz, Vice Chair Tara Duhy, Board Counsel Joe Casello, Board Member Mack McCray, Board Member Christina Romelus, Board Member (arrived 6:36 p.m.) 1. Call to Order Chair Grant called the meeting to order at 6:33 p.m. 2. Invocation The invocation was given by Rae Whitely. 3. Roll Call 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda None. B. Adoption of Agenda Motion Board Member McCray moved to approve the agenda as presented. Board Member Casello seconded the motion that unanimously passed. 5. Legal None. 6. 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 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 There were no disclosures made. 7. Announcements and Awards A. Movies in the Park Mercedes Coppins, Special Event Coordinator, announced the March 2nd Movies in the Park event featuring Wonder Woman had about 115 people in attendance. Survey results collected reflected 63% of the event goers live in Boynton Beach and 21% came to the City for leisure events. Thirty-two percent heard about the event through an event flyer and 24% became aware of the event through social media. The April 6th Movies in the Park at the Ocean Avenue Amphitheater will feature the Disney film Enchanted. The movie starts at 8:30 p.m. due to the recent time change and is rated PG. The film is a twist on a typical Disney fairytale. In the film, a beautiful maiden is transported from the land she calls home to the streets of modern day Manhattan and how she brings enchantment to a chaotic world. The film has an all-star cast and begins as an animated film which transitions into live action. Benches and seats are available for guests, and event goers are encouraged to bring their own blankets and chairs. A CRA trailer of five CRA District businesses will be aired prior to the film and attendees can enter a drawing to win gift certificates or vouchers to those businesses. Free popcorn is available to the first 100 people and other snacks and beverages will be available for purchase. B. Music on the Rocks Ms. Coppin advised the last event was held on February 16th featuring Reggae Souljahs. About 300 people attended which was the most attended Music on the Rocks event to- date. Based on surveys collected, 58% of the attendees live in Boynton Beach and 14% either work or spend leisure time in the City. Thirty percent heard about the event through word of mouth and 22% heard of the event through social media. Due to Blarney Bash, there will be not be a Music in the Park event in March. The next event will be on April 20, 2018, featuring The Flyers, a Delray Beach based rock band from 6 p.m. to 9 p.m. at the Ocean Avenue Amphitheater. Food Truck Invasion and a mobile bar will be available on site. C. The 4th Annual Blarney Bash The 4th Annual Blarney Bash was four days away and will be held on St. Patrick's Day on March 17th from 4 p.m. to 9 p.m. at the Ocean Avenue Amphitheater. Live music from Rogue Theory Band, Steeltown Religion, Celtic Mayhem and a dance performance by the Aranmore Academy of Irish Dance. The food court will have Irish cuisine and other food options. Craft beer will be available as would the Food Truck Invasion and a mobile bar. A variety of activities for kids included inflatables; costume contests; themed 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 characters; vendors; and much more. Further event information was available on Catch Boynton.co m. A short promotional video,was viewed. Board Member McCray noted the Movies in the Park flyers do not list the time. Ms. Coppin advised the time was changed from 7 p.m. to 8:30 p.m. 8. Information Only A. Marketing and Business Development Campaign B. Public Comment Log Chair Grant saw an email sent to Board Members Romelus and McCray, which he requested be forwarded to him. The text was too small to read in the meeting backup. 9. Public Comments Susan Oyer, 140 SE 27th Way, reminded all May 5th is Global Count your Birds Day. She requested the Board Members visit ebird.org which requests readers count birds they see flying or in the backyard for 10 minutes as part of the National Bird County survey they hold all year. She advised it was very interesting. The count is done all over the U.S. and some form of count is done in most countries to track what kind of birds are out there. Thomas Carney, 135 SE 5th Avenue, Delray Beach, was present for agenda item 13 D. He was unfamiliar with the process and asked if the public would be given an opportunity to speak. He was informed the public will have the opportunity to speak when the item is heard. Minister Bernard Wright, 713 NW 2nd Street, commented he wanted to speak on Agenda Item 15. DA., a CRA Advisory Board item. No one else coming forward, Public Comments was closed. 10. Consent Agenda A. Financial Report Period Ending February 28, 2018 B. Monthly Purchase Orders C. Approval of CRA Board Meeting Minutes - February 13, 2018 D. Approval of Contract with Ford Harrison, Global HR Lawyers for Human Resource Services 3 Meeting Minutes Community Redevelopment AgencyBoard Boynton e cFloridac 3, 2018 E. Approval of Commercial Rent Reimbursement Grant Program in the amount of $10,800 for Front Street Development, LLC d/b/a Marina Cafe located at 100 NE 6th Street in Marina Village F. Approval of Commercial Rent Reimbursement Grant Program in the amount of $10,800 for Farm to Cone LLC d/b/a Wakey Wakey Eggs & Bakey located at 126 W. Boynton Beach Boulevard G. Approval of Commercial Facade Grant Program in the amount of$25,000 for Beercade, LLC located at 126 W. Boynton Beach Boulevard H. Approval of Interior Build-Out Grant Program in the amount of$25,000 for Beercade, LLC located at 126 W. Boynton Beach Boulevard I. Approval of Construction Permit Grant Program for Beercade, LLC located at 126 W. Boynton Beach Boulevard 11. Pulled None. Motion Board Member Casello moved to approve the Consent Agenda as presented. Board Member McCray seconded the motion that unanimously passed. 12. Public 13. Old Business A. Consideration of Purchase and Sale Agreement with the Boynton Beach Congregational United Church of Christ, Inc. for the property located at 11 N. Federal Highway. Mr. Simon explained this item was discussed at the February meeting. The Board voted to allow staff and Mr. Simon to negotiate with the Church within certain parameters and bring back a contract if possible. The property and associated property at 501 NE 1St Avenue was brought to the Board to discuss and negotiate a contract. Mr. Simon worked with two Church trustees, Fred Birdsall and Paul Finke. The contract has a $3 million purchase price with closing 60 days from the effective date. The sellers want to occupy the building after closing until December 15, 2018, for$10 a month and a post occupancy agreement was written. The Church would maintain the property, make any repairs needed to the structure while they occupy it and carry all necessary insurance and waiver of liabilities while being there. An appraisal conducted by Vance Real Estate services valued the property at about $2,539,000. In February, the CRA appraised all individual 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 city-owned parcels in the Town Square that would be sold to the private sector for private residential and mixed uses and using those values, staff was able to support a valuation between $2.8 or $2.9 million. The sellers, prior to negotiation, used Anderson and Carr in November 2017, who valued the property at $2.8 million. The contract was reviewed by CRA legal staff and was being presented to the Board with a 60-day feasibility period to conduct environmental and Phase I tests. All else in the contract is standard. The process described by the Church is similar to the Board's public notice when disposing of property. The Trustees have to notify the congregation three weeks prior to the meeting to give notice they would sell the property, which will be Sunday April 8th. If there were any items to discuss or any terms that need to be altered, the Trustees request the contract not be executed by the CRA until after the Congregation meets and approves it and would then bring it back to the CRA for signature. Board Member McCray asked about the total membership of the Church. Fred Birdsall, 1003 SW 6th Avenue, responded when he joined there were 200 members which, over the years, dwindled down to 40 members due to age. The facility is also too large for them to handle. They thought as a gesture, they would offer the property to the City first as they want the property to be used for the City's benefit. Board Member McCray asked if the Church secured another meeting location and learned they would find another location after the contract is executed. Board Member Romelus asked if the CRA had previously used Anderson and Carr and learned the CRA generally uses a variety of appraisers on rotation or uses in areas where they appraised before. In this instance, they contacted Anderson and Carr, but there was a potential conflict of interest as they were hired by the Church to issue a broker's opinion of value. By using another appraiser, there is no conflict of interest. Board Member Casello noted the CRA was willing to pay $500,000 more than the appraised value. He asked what the long-range plans for the property were. Mr. Simon explained the City owns the adjacent parcel on 4th and the subject property is across the street from what the Board supported with the Brightline Boynton Transit stop. The property across the street is mixed-use high and has a high-density zoning and land use which provides an excellent opportunity for further redevelopment projects of a significant size. The long-range plan would include using the property as a development opportunity incentive to an adjacent property owner or an independent development firm. Board Member Casello took issue with purchasing the property for$3 million as the CRA would then negotiate with a developer and in most cases, the Board gives the land away along with tax incentives. He questioned if it would be better if a private developer bid on the property. Then the CRA could partner with the developer and offer incentives as the Board is not in the development business. Acquiring the land would be a great deal for the developer, but he was unsure it was a good deal for the CRA. Mr. Simon responded, professionally, he has had some opinions about incentives that were offered in the past in lieu of market value in areas where the market does not 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 necessarily need incentives. Other areas may need more incentives. If the CRA purchased the property and if the Board issued an RFP, and if a developer offered to purchase the property, he would not support giving away the property for free or over incentivizing the project. The Board could set those boundaries and make those policies. Mr. Simon explained part of the analysis conducted by the Treasure Coast Regional Planning Council and All Aboard Florida for the potential train stop included identifying parking and conducting a redevelopment analysis based on what was planned for the area. At that time, 500 Ocean had submitted site plans. Ocean One was not yet contemplated, but the site was clearly a good site for parking to serve commuters and those taking the rail. In addition to parking for the rail stop, it gives the Board the opportunity to incorporate a large amount of public parking for future developments along 4th and they could abandon 1st. Mr. Simon agreed that private developers would be interested in the property, but by the CRA owning the property, the Board could control some of the timing involved in its redevelopment. A development firm could purchase the property on speculation with no intention to develop within the next 10 years and the CRA would lose access to public parking that currently exists. Mr. Simon noted the asking price of under 20% of the appraisal is close to Anderson Carr's appraisal at $2.8 and $2.9 million. Board Member Casello explained the CRA would pay $3 million to accommodate parking. Mr. Simon responded it was not. It was to incorporate parking into a future mixed-use development and the CRA would be able to ensure, with the direction the CRA would give to the developer, that they would pay a certain amount for the property, and in turn, the CRA would receive parking. Chair Grant noted the Property Appraiser valued the church property at about $1.6 million from a tax perspective. It did not consider the other new properties underway and the Property Appraiser cannot tax on a use that does not currently exist. Mr. Simon was willing to allow the church to rent it for $10 a month. Board Member Casello asked what would be their incentives to make repairs if the building was sold. Mr. Simon responded part of the post occupancy agreement requires them to make the repairs to Code and not contact the CRA. To Mr. Simon's knowledge, the Church repaired the roof, the elevator is the only thing of any age that, if it did not work and they could not repair it for under$20,000, and they would vacate the building sooner. The building would be demolished and the land sold to a developer. The property was 1.32 acres and with the adjacent City parcel increased closer to 1.7 acres. It will be a potential multi-use facility with a train stop. If the CRA did not purchase the property, the City would be approached by a private developer to sell the property and both sides of 1st will be part of the development site. There are currently 20 parking spaces there, but the City could negotiate for a minimum of 20 spaces, sell the land for more, or pay for, at approximately $22,000 a parking space and at that time, and purchase additional space if the developer wanted to build those spaces for the City/CRA. There was no date certain for development, but Mr. Simon suggested issuing an RFP or placing a for sale sign at the property right away. He had not been in discussion with interested parties for the property and was trying not to let anyone know he was interested 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 in obtaining the property for development. He thought it was a highly appealing site to numerous developers they spoke with although it was not on the table at the time of those discussions. Other developers they spoke with about sites currently available pointed out the site as a redevelopment site and the site is identified in the CRA Plan. Board Member Romelus asked if the owner of the parcel to the east of the Church on Federal Highway was willing to negotiate acquisition of that property to assemble both sides of NE 1st Street. Mr. Simon thought so. The Bank of America site, which has the Boardwalk Ice Cream business, is owned by a development firm now. Board Member McCray asked if there was a mortgage on the property and learned it was recently paid off. Vice Chair Katz agreed with Mr. Simon it was a great opportunity and the Board had not anticipated the land becoming available. He usually favors a free market purchase, but he did not anticipate purchasing the property at the current value and giving it away with incentives such as Tax Increment Funds (TIF). As was done on recent properties, the Board could set a cap to purchase the property to limit the Board's exposure. He thought it would weaken the Board's position to enter an agreement after someone else purchased the property because the developers typically use TIF to get money for eight to 10 years and it is easier for the Board to say they will give $400,000 for the next 10 years as it is earned money in the future. He supported the conceptual idea Mr. Simon expressed. The Board could negotiate with the owner of the Boardwalk Ice Cream property and have retail on Federal as well as on the rear of the property towards the train station. The CRA will spend a great deal of money to purchase the property and give a percentage of funds to the developer, or a developer would purchase it and request that money on more of the back end of the arrangement. It was a chance for the CRA to define what the project would be and work with the developer to shape the project. He favored working within the price range of $2.9 to $3 million and assumed if the property was acquired by a developer, the CRA would give them the same amount they would give by purchasing the property and he wanted to exercise that option. Chair Grant went to the Brightline station in West Palm Beach and commented it was the same parking complex with residential on the top. The property has the prime future land use and zoning designation of mixed-use high. He thought it was foolish to wait for private development when the Board could control how development proceeds. The CRA has the parking lot next to it on the north side of 1St Avenue, which is used by other CRA businesses. He did not know what would happen if the CRA did not purchase the property, but they know what would happen if they did buy it. Board Member Casello asked Mr. Birdsall if he negotiated with a private developer and learned he gave the CRA his word he would not go into detail about selling the property to anyone else until the CRA decided what to do. He has had personal inquiries about the property from the private sector, which he was not interested in until the CRA made a decision. He personally feels, as a long-time resident, the purchase was a real bargain 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 with a difference of$10 a square foot difference in appraisal from what they want for the church property. If the CRA paid the asking price, the trustees and the Council agreed it would be a fair deal. Board Member McCray asked if there was money to buy the property and learned there was. Motion Board Member Romelus made a motion to move forward with the purchase and sale in a time certain for the Congregation to assemble and accept the offer of$3 million for the property. Vice Chair Katz seconded the motion. Board Member Casello attended a meeting and it was mentioned the land for the Town Square, per acre was worth $1.5 million. Mr. Simon explained that was not the amount in the appraisal that was done for the City. The City Commission agreed to accept $1.2 million offered by the developer in exchange for monies to construct a garage. The amount they gave was the average price because the south block of the property was much different from the north lot. The land for the hotel was $1.75 million and it did not include a building. Mr. Simon explained they talked about staging and parking for the Town Square construction workers and where to hold an event for future activities. Owning this property offered many opportunities to control development. Board Member McCray suggested having a starting price and ending price to negotiate with be included in the motion. Vote The motion passed 4-1. (Board Member Casello dissenting.) B. Consideration of Request for Reimbursement for FICE Design, Inc's Commercial Interior Build-Out Grant Program Mr. Simon explained in September, the Board approved a reimbursement grant for a Commercial Development Interior Build-Out Grant for FICE Design Inc. The work FICE Design has done to obtain a temporary certificate of occupancy was not enough given changes in the fire suppression codes during the time the project, which is in the Casa Costa building,took place. The City reviewed the property and is trying to bring the system up to date, which affected the location's occupant, which is FICE design. In order to continue under the grant guidelines, a time extension for the applicant to be eligible for reimbursement is needed. The applicant is seeking a Certificate of Occupancy which is when they can request reimbursement. They believe they can obtain the Certificate of Occupancy by April 30th, but Board approval an extension for the award. Motion 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 Board Member McCray moved to approve an extension by the first meeting in May. Board Member Casello seconded the motion that unanimously passed. C. Discussion and Consideration of Payoff of CRA Homebuyer Assistance Program Mortgage between Lasendra Hoggins Wilson and the CRA Mr. Simon explained at the February 13th CRA meeting, the Board supported a request to subordinate a CRA second mortgage of $47,000 which equated to the initial amount given through the Housing Assistance Program (HAP). At the end of the meeting, Ms. Hoggins Wilson approached the Board with a request to negotiate a reduction in the amount of the CRA second mortgage to an amount to be brought back to the CRA. The request does not change the Board's original motion of subordination of a refinance. Lesendra Hoggins Wilson, 508 NW 12th Avenue, wanted to discuss an option suggested by her bank, which she presented to the Board via email. She also included a copy of the 1003 application showing the amount she would get back, what would be paid off in the refinance and what she would have available. Ms. Hoggins Wilson explained her refinance included everything and she would get back $8,000 of which she offered to give the CRA $5,000. The total amount to get out was between $10,000 and $12,000. She advised she received a letter from the Florida's Hardest Hit program indicating as of April ls', she will have a third lien for $3,500 after the program conducted a title search. She would receive no funds from a refinance, but she wanted to still move forward. Ms. Hoggins Wilson explained the Hardest Hit program assists the homeowner when their pay decreases by 10%, a homeowner loses their job or has their hours reduced, by paying the mortgage for a specific period of time and the homeowner does not have to make the payments. The program also imposes a silent lien on the property which is forgiven after so many years. This occurred in 2007 or 2003. So far she was been forgiven $7,000 or $8,000. She spoke to them earlier in the day requesting an actual payoff amount and she should have something by Friday. Board Member McCray requested confirmation Ms. Hoggins Wilson would clear$8,000. Ms. Hoggins Wilson responded if all went though and they waited until April 1st regarding the third lien of $3,500 because the loan is forgiven each year on March 31st, therefore she could only close on or after April 1st, otherwise she would owe them $7,000. He asked about the Board accepting $4,000 and Ms. Hoggins Wilson receiving $4,000. She did not know if the opportunity would come again. She explained even though the documents show the obligation is a silent second, they are still counting the $23,500 as debt going against her loan to value. It would not matter if she paid the CRA off or not, they would still count the amount as debt. She explained if she has something in writing stating she was going to pay the CRA debt off, she would be relieved of$23,500. It does not change how much money she would receive, it only allows her to pay the loan back to the bank. 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 Board Member Casello recalled the home was not Ms. Hoggins Wilson's primary residence and she was improving the home to rent. Ms. Hoggins Wilson responded the goal was to refinance the property, get money out to improve the home, which would total about $8,000; however, being that was not what she would receive, she will have to wait longer to put the house on the market. Board Member Casello summarized the HAP program gave her$47,000 six years ago, they approved allowing her to refinance and at the last meeting approved Ms. Hoggins Wilson renting the property if desired. Ms. Hoggins Wilson agreed. She was now before the Board offering $5,000 on the $23,500, which is left. Ms. Hoggins Wilson explained she signed on the house in 2005. Prior to that, the CRA HAP program forgave the loan at 10% each year depending on the loan amount and after 10 years, it was paid. The year she signed for her home, because it took two years to build, she signed a different contract, and the home was no longer paid off in 10 years. She was forgiven in tiers and she is at the 50% tier because she was in the home for 10 years. Mr. Simon explained there is no forgiving the $47,000. The Board negotiated an amendment at the last meeting to allow Ms. Hoggins Wilson to rent the building and the Board would accept no more than the $47,000 if she sold the property. The 50% split was a split on the equity earned after the $47,000 and her first mortgage would be paid. She owes the CRA $47,000. She is offering $5,000. Over the course of the HAP, there were various iterations of the grant. Some offered a 10-year reduction per year. Others had a 30-year reduction in tiers. Some grants stayed full to the end and some reduced over 20 years at every five or 10 year block. The amount in question was $47,000. Ms. Hoggins Wilson agreed. Board Member McCray requested confirmation Ms. Hoggins Wilson was requesting to move from the location due to crime in the area. She still wants to offer something. He thought the Board should be lenient and forgive the loan. Mr. Simon clarified for Vice Chair Katz if the Board agrees to the request, the payoff to the CRA at closing of her refinance would be$5,000 and the Board would have to execute a satisfaction, which would resolve her relationship with the CRA. Vice Chair Katz noted the Board already made several accommodations to the original agreement. If the Board was going to reduce the amount to $5,000, they may as well reduce it to zero. The CRA sympathized with the situation, but when the item was heard, there was concern it would set a precedent. He thought by reducing the loan by $42,000 after they amended the agreement to allow her to vacate the property and use it for income, they would wind up giving everything away that recipients ask for. Board Member Romelus inquired when the amount would be paid off and about the protocol to do so. Mr. Simon explained if she sold the property the next day for her first mortgage amount of$64,000 and the$47,000,totaling just over$100,000, the CRA would receive the $47,000 and the first mortgage would be paid off. Any amount over that 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 would go to Ms. Hoggins. She asked if the funds would be recouped only at the time of sale. Chair Grant noted section 6 specified she could sell to another income-qualified buyer. The grants or share in the equity can never exceed $47,000. He did not think the Board was double dipping requesting the $47,000. Ms. Hoggins Wilson clarified those provisions applied if she sold the home. The contract was written so people would stay in the neighborhood and be able to afford houses in the Heart of Boynton. If she sold the house, the CRA would get a portion of the sale up to $47,000. Chair Grant commented if she refinances the house, the CRA is entitled to 4% interest plus the full $47,000. The new amendment specified the monies would be due if she sold or refinanced the home. Vice Chair Katz asked if it was her intention to rent the house and learned it was. Chair Grant noted the amendment language indicated it would apply if she refinanced or sold the home. Chair Grant was fine with refinancing and the Board receiving 50% of the equity. Ms. Hoggins Wilson commented the refinance subordination was already agreed on. She was offering to be bought out of the contract. At the point in time when the suggestion was made, she did not know what it meant as she appeared for a different reason. Now that she has all her documents and she knows what she could offer, she was told to come up with a figure, which was what she was presenting. She cannot move forward unless $23,500 is paid and she has not refinanced the home. Any refinance would be subordinated, but the home would be considered paid off. She was attempting to refinance the property with conditions and the bank performed an appraisal as did the CRA. Further lengthy dialogue ensued about Ms. Hoggins Wilson's options and the contract wording. Mr. Simon explained the offer to the Board of $5,000 is unacceptable. If her offer was accepted and if they were negotiating a higher number that was agreed on, until they vote, there is a negotiation stalemate. She asked if the Board would counter her offer. Chair Grant said 50% of equity not to exceed $47,000 was the counter offer. Board Member Romelus asked what the equity in the home was. The house appraised at $177,000. The first mortgage is $64,916. There was $113,000 in equity and the only other encumbrance was only if she had a refinance cash out, which would not affect what was before the Board. Fifty-six thousand dollars would be 50% of the equity and the amount the Board would take was still $47,000. Board Member Romelus commented Ms. Hoggins Wilson was asking if the Board was willing to accept an amount below $47,000, if the Board was willing to entertain the discussion, which Board Member Romelus commented she was. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 Motion Board Member Romelus would be comfortable with $15,000 for the $47,000 they gave since the new contract changed the forgiveness rate. Board Member Casello wanted to see the official appraisal before he voted. The appraisal was attached to the agenda from the prior meeting. Board Member Casello asked if the Board could table the item until they come up with a percentage. Vice Chair Katz agreed. Motion Board Member Casello moved to table the item for further discussion. Vice Chair Katz seconded the motion that passed 3-2 (Board Members Romelus and cCray dissenting.) The item was tabled to the next meeting. The members will receive all the information from Mr. Simon at their one—on-one meetings regarding the amendment, original contract, the appraisal, and how to help. Board Member Romelus agreed the information should be discussed at their individual meetings as she had no information and wants to move forward. C. Project Update 211 E. Ocean Avenue At the last meeting, the Board considered, due to a lack of activity, issuing a Notice of Default and Demand Letter to have the deed for the property returned to the CRA under the terms of the reverter agreement. The letter was issued, however, 30 days has not passed so no action needs to be taken at this time. There will be a special meeting held March 20th and the Board could take further action to effectuate the clause then. As a result of the letter, Tom Carney contacted Attorney Duhy and Attorney Ken Dodge and Mr. Simon to explain their feelings they are not in breach of agreement. They explained they cannot change course on behalf of the Board and in order to stop the reverter process, they would have to appear. They are present at the meeting and they had advised they were prosecuting their application with due diligence. Tom Carney, 15 SE 5th Avenue in Delray Beach, Attorney for Florida Shovel Ready Project, was present due to the letter regarding the reverter clause for 211 E. Ocean property. He thought there was a lot of confusion as they have been proceeding diligently and already have $400,000 invested in the project. Steve Labov from Shovel Ready will explain the process. Steven Hankin, Counsel in New Jersey and the proposed operator of the restaurant, Tim Gagliano, owner of Osteria Salina in Delray, were present. Steve Labov, CEO of Shovel Ready Managing Member, 630 N. 3rd Street, Philadelphia also having an office in Delray Beach, explained he believes they have been diligently proceeding with the project. They submitted a building permit in accordance with their agreement. Subsequently, questions came back, which they answered. New questions were raised which were also answered. Between each of those questions, additions were 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 made to satisfy the questions. They submitted what they thought was their final request, to obtain a permit, and in accordance with their agreement, would have already been in the ground. The new questions that were raised, questioned the basic design of the existing building and what they were doing. Those questions had never been raised in the other two sets of questions. As a businessman, he then had to decide if they would take out the entire floor of the building or redo the entire structure in order to house a set number of people. He started to look for anew operator for the building that could operate in the same building footprint, that could be successful with fewer occupants indoors and found Mr. Gagliano, who runs one of the best establishments in South Florida. They will have to redesign and resubmit to the Building Department information on the number of people that the existing structure can hold. A significant amount of work has been done, but he needs 30 to 60 days more to submit information regarding a 40-person occupancy building the structure will hold. The contractor will be in the ground in 60 days after that and within 240 days thereafter, they will open the building with a certificate of occupancy as per the agreement. Mr. Labov understood the agreement contained a date certain to get to a building permit. He hired local architects and engineers and would have had no way of knowing the amount of time to get a permit from the submission. He contended it was not because of him. He requested more time and will produce a building permit and a contract with an owner. Chair Grant explained Mr. Labov provided a lot of information and did not know if he had all the dates. The Board heard Shovel Ready submitted the first permit, got comments and waited five or six months to resubmit over the summer. The Building Department submitted further questions and the developer waited three or four months. The Board sent a letter in December, and this was the second time the Board heard from them since December. Chair Grant asked if they submitted anything to the Building Department since December. Mr. Labov did not know about dates. He spoke with the architect who said he had many meetings with the Building Department, but he was not present. Chair Grant explained the Board had no information about specific dates or answers that the architect was working because there was nothing filed. Mr. Carney did not proceed with the final set of questions because it would not have allowed him to complete the job it if he had to strip the interior down to the substructure within the time-frame and it would add months to complete the structure. He did not think they were outside the framework of the agreement. He advised he intends to complete the project. He has an operator and that was why Mr. Gagliano was present. Chair Grant wanted something in writing as the developer indicated they would have something filed with the Building Department within 30 to 60 days and they will continuously move forward. Mr. Labov responded he does not write the answers to the Building Department comments. A local licensed architect has been doing so. He answered questions, more questions were received and then there were new questions. Attorney Duhy clarified the CRA is not the permitting body for the City. The Board may not understand the comments going back and forth or do the permitting on a daily basis. It would be helpful to staff to provide the information to them more regularly so they could 13 Meeting Minutes Community Redevelopment Agencyoar Boynton Beach, FloridaMarch 13, 2018 update the Board. This Board does not have access to all of that information which is where the Board was coming from. Board Member Casello explained he asked the Building Official, Andrew Mack to provide the timeline regarding documentation of permits, communications and all to ascertain the facts. Andrew Mack, Director of Development, gave the following timeline: • The developer originally submitted for a permit on December 5, 2016; • The City had the plans in their possession for about 41 days or about 8 weeks; • The City contacted the contractor on January 30th and the plans were in the contractor's possession for 51 days; • Corrections were submitted to the Building Department on April 10, 2017; • The Building Department reviewed the plans for 19 days and called the contractor on May 4th; The contractor had the plans for 24 weeks and submitted the plans to the Building Department on October 24th; • Staff turned the plans around in 16 days or three weeks and called for comments on November 14th; • There have been no resubmittals to the Building Department; and • There were subsequent discussions with the architect who came in to discuss the last comments regarding structural modifications. Mr. Carney did not have the architect or contractor present and advised he was prepared to move forward. Board Member Casello asserted the developer has not shown he was moving forward. He had plans for 24 weeks without any communication. The whole concept when the building was sold was to inspire development in the area. Since they have owned the property, they have not proceeded and were sitting on the property as an investment, which the Board could have done. The Board wanted development in the area and the concept was to secure a restaurant. They did not. They were going to build it and then secure the occupant, which they did not do. He noted the developer could go back and forth and maybe the contractor and the architect should have been present. He noted Jim Williams is a good architect and he does not usually drop the ball. He asserted the developers were dragging their feet and dropped the ball and now wanted to extend the timeline. Mr. Labov asked for 30 to 60 days to revise the interior to meet the current code for the structure during which time, he will produce a contract with their operator. They will have a building permit and as soon as the permit is back, he will be in the ground. Board Member McCray announced he would support a two-month extension, but nothing further. 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 Motion Board Member McCray so moved for a 60-day (extension). Board Member Romelus seconded the motion. Vice Chair Katz agreed with Board Member McCray subject to an addendum saying they waive their right to contest the reversion of the property if they do not fulfill their 60-day obligation. The CRA is within its legal right to proceed and he did not want to grant an extension and have the same event occur. He was prepared to have legal structure an agreement to know what has to happen in 60 days. He advised he would agree as long as there is contract language they both accept. Board Member Casello asked if Mr. Labov could bring back a contract for the occupant and learned the developer could as he was part of the building's kitchen design team and they could negotiate it within two weeks. Stephen Hankin, 1109 Nassau Street, Delray Beach, a New Jersey attorney, but a member of his firm is a Florida attorney advised she will prepare a contact with Shovel Ready and Mr. Gagliano within two weeks. The property had not been held up due to any investment in it and he ensured the Board they will do what they say. Chair Grant recommended removing the For Sale or Lease sign at the building since they have an operator and they will provide the contract with the operator within seven days. Attorney Duhy requested clarification the Board was requesting an executed contract between Shovel Ready and the restaurant operator within seven days. Chair Grant explained this was included with Board Member cCray's motion to give a 60-day extension for the permit to be issued. Mr. Hankin commented it was with the understanding the developer gets the plans back within a fair amount of time which that should be defined. He did not want to wait 19 or 27 days to get the project documents back from the Building Department. Mr. Hankin advised the documents were sent to the contractor, which was the City's protocol, but their contractor did not tell them. Mr. Mack explained the Building Department will make every effort to turn the plans around. The Department is currently turning around plans in about 19 days, but they will expedite. As soon as they submit their plans, they should contact Mr. Mack and he will walk it through in two or three days as they have done this for Casa Costa. Attorney Duhy explained because the agreement is between the CRA and Shovel Ready, the Board cannot bind the City, but in the agreement, the CRA would do everything it could to encourage the City to expedite the plans. Mr. Hankin advised the project is something Shovel Ready really wants to do. Attorney Duhy advised she will negotiate an agreement and bring it to the next Board meeting in April noting today starts the 60 days. She will communicate with Mr. Carney. Vote Board Member Casello seconded the motion that unanimously passed. 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 Mr. Carney commented he had not been receiving notice of the issues with the contractor and he requested he be copied on all correspondence. If there were defaults per the contract, all notices were to go not only to Shovel Ready, but to him as well. As soon as he received the notice of default, he contacted all in five minutes. Attorney Carney advised he received the notice September 20th and responded quickly. D. Project Update for 480 E. Ocean Avenue Mr. Simon updated the Board the owner received their Certificate of Occupancy and no longer needed to appear. The Certificate was obtained on March 8th, the contract is executed and staff expressed its desire to see food served there soon. 14. New Business A. Consideration of the Contract for the 2018 Pirate Fest and Mermaid Splash Management Firm, Standing Ovations, LLC Chair Grant asked if this was the same company used last year and learned it was, but the cost was different. Mercedes Coppin explained they are starting preparations for the next Pirate Fest and they recommended entering into an agreement with Standing Ovations, LLC, as the professional event management firm to assist with the planning and execution. They used the firm last year, and while contracted, they exceeded all expectations and exhibited a high level of professionalism in all areas including assisting staff with planning, coordinating and executing the event. Standing Ovations sent a proposal for a flat rate of$42,500, up $6,500 from last year. Staff requested they provide additional staff personal on site and for the planning. The contract submitted for approval has had revisions per Standing Ovations and a revised copy was given to each board member to review. Attorney Duhy advised legal reviewed and agreed to the contract changes, which were wording changes and not substantive. Chair Grant asked where the event would be held and was apprised it would be on E. Ocean Avenue, just east of 1st Street to Federal and expand it across 4th Street as well as into the parking lot. The extra $6,500 would be used for additional staff personnel on site for the event and additional vendor relations staff. A total of three individuals would be added. There was only one person last year and it was not enough as they would like one for each section. They also needed additional set up and break down personnel to assist and additional stage management to ensure all flowed smoothly based on negative comments from last year. Motion Board Member McCray moved to approve. Board Member Casello seconded the motion that unanimously passed. 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 B. Consideration of Purchase for the Property Located at 521 N. Federal Highway Mr. Simon explained this property is approximately 200 feet south of the CRA office on Federal Highway. The property was acquired by a prior owner when they had the Back Yard who envisioned expanding into other buildings on the block. The CRA learned of the property through a tax deed search, which was scheduled to be auctioned on April 11th. Staff needs the Board's approval to try to acquire the property in the auction. The appraisal was $131,600. As of January 31st, there was a clear title search. The CRA Advisory Board recommended purchasing the property, not to exceed 20% above appraised value or $157,920. Given the location of the property and its size, the Board should consider limiting the maximum price at the appraised value and not go above it. Board Member Casello recalled Mr. Simon anticipated a price of$18,000 or$19,000. Mr. Simon explained the opening bid is set at the last tax deed amount that the property is delinquent which was just under $17,000. He hoped this acquisition would be as successful as the prior one. The amount he mentioned to Board Member Casello was the minimum cost and the CRA would bid against other individuals who may be interested in the property. The CRA needs to set a maximum price that staff would stop the negotiation. Board Member Casello asked how the property fit in the CRA Plan and advised it is another commercial property. Staff would issue a Request for Proposal (RFP) and sell or in the short term, it could be a Neighborhood Officer Program if the current site continues to deteriorate. Staff's request was to search the tax deed sale list and bring back properties that fit the CRA plan and geographic area. The property fronts on Federal Highway. Board Member Casello explained the CRA cannot buy every property and unless the property was essential to a master plan or an adjoining property, he did not see a reason to go out on a limb although he would support the acquisition if the land could be purchased for $19,000. He did not want to pay more than $25,000. Mr. Simon did not want to pay anywhere near the appraised value. The CRA is a development company that looks for opportunity purchases and good value. Board Member Casello explained the Board uses taxpayer dollars. Board Member Romelus learned where the property was located. Mr. Simon did not know the condition of the building as the building was vacant. Board Members Romelus and McCray did not want to entertain placing the Neighborhood Officer program relocating there. Chair Grant reviewed the property appraiser's website and noted it appraised at$161,000 and the property fronts Federal Highway. The purchase history reflected the former owner obtained this property and the property to the west for$200,000 in 2013. He did not think a purchase price of$130,000 was appropriate, but he favored a bid range of$75,000 to $100,000. Anyone who wanted to pay more than that would probably already have plans to develop. 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 Linda Cross, 625 Casa Loma Boulevard, Unit 601 explained the main purpose of the CRA in the Code is elimination of slum and blight, economic development, and affordable and workforce housing. A primary objective is to purchase property, not necessarily for grants or services and she pointed out purchasing the property is within the CRA's mission and is a proper use of taxpayer money. She did not see any reason why the Board could not bid up to the appraised value, which the CRA Board thought was $131,000. The Advisory Board thought it was a better use of CRA funds to purchase property to land bank and use for redevelopment in the CRA District. Motion Board Member Romelus moved to allow a cap of $100,000 to purchase the property. Board Member Casello seconded the motion that unanimously passed. C. Consideration of the Revised CRA Human Resource Policies and Procedures Manual Mr. Simon explained this item was discussed last month. The suggested changes were mainly to adjust and add language to include the Family Medical Leave Act for long-term illnesses or the care of a family member and to include the law firm of Ford Harrison to act as the Human Resource designee if a formal complaint should be filed against staff. Those were the only changes. Chair Grant asked about paid maternity leave and learned the employee can use their accrued vacation or sick time, but their jobs would still be secure after 12 weeks. It was noted it was not a legal requirement for maternity leave to be paid. If the CRA wanted to offer it, it would have to be a budgeted item as well. Chair Grant thought a one weeks paid maternity/paternity leave is within the budget. He hoped along with FMLA, the attorneys could move something in the right direction regarding family care and help foster a better society resulting in better human beings. Board Member McCray requested a copy of policy detailing the changes in red so he will know what changed. Board Member McCray wanted the City's policy and the CRA policy to be uniform. There was agreement they could discuss the further discussed FMLA changes during the budget. Motion Board Member Casello moved to approve. Board Member McCray seconded the motion that unanimously passed. D. Consideration of Transfer of CRA owned lots to the City for the Model Block Project Mr. Simon explained the Board had previously discussed trying to clean up ownership between CRA and City-owned lots. This item arose during a meeting with Kimley Horn and Associates, City Utilities and Development staff as they are trying to move forward with an official replat of the lots. Staff was trying to separate odd shaped lots and create 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 ENNIN10111201M additional lots. In order to go through the official plat process, the City, as the owner of the plat, needs to be identified as the owner. Staff requested approval to transfer the lots to the City for use in the Model Block only. Motion Board Member Romelus moved to approve. Board Member McCray seconded the motion that unanimously passed. E. Continuation of Interim Uses for Cottage District Project Site Chair Grant commented he walks his dog along I st Street and NE 5th Avenue all the time and noted the corner was disgusting. He had asked the City for a trash can and it constantly gets blown away and trash is littered throughout the entire property. It is an eyesore and the CRA is responsible for it. He noted the CRA is spending a lot of money for Sara Sims. The west side of Seacrest has the Carolyn Sims, Denson Park and Ezell Hester Park. There was one linear park on NE 13th Avenue next to the railroad tracks and he walks by many kids playing in the street with nothing to do. He commented there is a huge vacant lot the CRA owns. He wanted to work with KaBoom, a non-profit organization, to help build a park for the kids in the northeast community in Boynton Beach. He commented the CRA did not apportion anything for the existing community with the Ocean Breeze East site, so the new pool and center will not be used by the existing community. He requested using one home site on the northeast corner to be made into a park. He commented students also are picked up and dropped off for school at that corner. He wanted to investigate investing money there, and not necessarily a lot of money, because they would be using a non-profit organization to help pay for most of the park. He thought once started, the residents would support it. Board Member McCray asked if the CRA would be locked in for years if KaBoom installed a playground. He pointed out they want to use the land for the Cottage District. Chair Grant responded they would have to ask KaBoom if they could land swap the park at a later time. Chair Grant was looking for consensus to request information and to ensure a portion of the property would be used by the surrounding community. Motion Board Member McCray moved to approve for consensus and in the meantime, Chair Grant could bring information back to the Board. Board Member Romelus agreed as there may be a shared cost. The Board would be adding another park to the City's Recreation and Park Department to maintain and she was unsure if KaBoom would maintain the park in perpetuity. She favored receiving the information prior to voting. Board Member Casello also wanted input from the Recreation and Parks Department as there are 28 or 29 parks and there is a maintenance issue. He also would like to see the property used for workforce/affordable housing via the bid process. He commented the land was earmarked for the Cottage District, but thought they 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 could rethink their idea of using it for a Cottage District. With the right RFP, they may be able to get development and perhaps at that time, a park could be included. Vice Chair Katz recalled prior discussion about issuing an RFP for the Cottage District and commented if the Board was suggesting one should be issued, he would support doing so. Chair Grant announced the RFP for the Cottage District was tabled in November. Vice Chair Katz commented he would be leery of any permanent structures. Chair Grant noted there was also no fence on site and he questioned if the CRA would be liable if neighborhood youth played and tripped and fell. Attorney Duhy explained there are different legal theories and there is no simple answer. Chair Grant commented there was a motion to remove item 16C from the table and asked if there was consensus to put the item on the next month's agenda and also look into a park for the community including obtaining Recreation and Parks input. There was consensus. F. Consideration of an Interlocal Agreement between the Boynton Beach CRA and Solid Waste Authority of Palm Beach County (Chair Grant left dais at 8:47 p.m.) Thuy Shutt, Assistant CRA Director, explained the CRA submitted a grant application to the Solid Waste Authority in November for the demolition of a structure located at 1110 N Federal Highway; cost sharing for the roof replacement for the Woman's Club; landscape replacement for the open space at the Marina and at the Woman's Club as a result of Hurricane Irma. The staff report details the cost of each item. Staff was requesting permission for Mr. Simon to execute the agreement as staff wants to demolish the property as soon as possible and implement the roof replacement at the Woman's Club and the landscape replacements. Motion Board Member Romelus moved to approve. Board Member McCray seconded the motion that passed 4-0 (Chair Grant not present for the vote.) It was noted, last year, the City and CRA were co-applicants. This year the CRA submitted the grant on its own. (Chair Grant returned to the dais at 8:49 p.m.) 15. CRA Advisory Board A. CRA Advisory Board Agenda - March 1, 2018 B. CRA Advisory Board Meeting Minutes - March 1, 2018 C. Pending Assignments 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 1. None D. Reports on Pending Assignments from CRA Board Meeting February 13, 2018: 1. Discussion Regarding Redevelopment for 1110 N. Federal Highway Mr. Simon explained the Board previously decided to stay the demolition of the property at 1110 N. Federal Highway until learning the result of the SWA grant, which was approved. The CRA Advisory Board had recommended moving forward with short-term demolition of the existing structure, cleaning the lot per Code and making minor aesthetic improvements through vegetation and not pursuing physical redevelopment of the property to allow staff to continue negotiating with various owners to assemble adjacent properties. No action was needed on this item. 2. Consideration of Pathways to Prosperity's Grant Agreement for the Boynton Beach CRA Non-Profit Organization Grant Program Ms. Shutt advised in February, the Board approved a grant for $32,077 to support Pathways to Prosperity's (P2P) Business Incubator program. Twenty-five thousand dollars is for the salary of the staff who would be responsible for the program administering the grant and the remaining $7,077 would cover direct program expenses. Kimberly Bush, P2P, submitted the revised budget for $7,077, which needed to be reviewed further. Ms. Shutt advised she would like to work with Ms. Bush to ensure funds go to the candidates participating in the program. She would also like to work with her on outreach efforts to attract as many candidates in the Boynton CRA area, if there are any experts she would like to bring to the sessions that would benefit the participants or on collateral or marketing material tied directly to the program. Attachment I in the staff report was reviewed by the CRA Advisory Board to review measureable outcomes and language in the agreement that would ensure the program aligns with the CRA Grant program and a quarterly review for reimbursement occurs as the grant is a reimbursable grant. The CRA Advisory Board had recommended changes that were red lined in paragraph C.2 of attachment 1. She read the following change: "If P2P is unable to recruit or maintain a minimum of three of the Circles Incubator clients, who reside in or intend to open independent businesses within the CRA area by June 30, 2018, the CRA Board may reconsider the amount to be reimbursed upon review of P2P's Quarterly Report and applicable documents at its next available regular meeting." Ms. Shutt advised the review would occur in July so the Board could view P2P's progress and offer any adjustment to the reimbursement. Approximately $16,000 would be paid if all the documentation to support the grant is obtained. If not, the Board has the authority 21 Meeting i s Community Redevelopment ecy Board Boynton e c Florida March 13, 2018 to adjust the reimbursement for that period for any expenditures from the time of grant execution through to June 30tH Ms. Bush was fine with the changes. Chair Grant looked forward to learning the results. Motion Board Member McCray moved to approve. Board Member Romelus seconded the motion that unanimously passed. 3. Consideration of the Guidelines and Application for the Boynton Beach CRA Non-Profit Organization Grant Funding Program Ms. Shutt explained the Board approved the grant program last fall. Since then, P2P was the only applicant that submitted an application by the deadline. At the February meeting, the Board wanted the CRA Advisory Board to review the program and make improvements, including the makeup of the grant evaluation committee and any other adjustments needed. The Advisory Board reviewed the program and voted to recommend the program remain the status quo without any additions to the evaluation committee and the Board reconsider reissuance for just the economic development business category within 30 days. If the Board opted not to, they could roll the funds over to the next fiscal year or add other categories under the grant program. The four categories, which were removal of slum and blight, economic business development, affordable and workforce housing, and recreation and cultural facilities. The recommendation was to release the program for the Economic Development category. There was $92,923 dollars available in the line item for fiscal year 2017/2018. Chair Grant inquired if they could request funds from the Recreational and Cultural Facilities category if KaBoom wanted to build a playground and learned they could as long as they meet the all the criteria. Board Member Casello asked what businesses contemplated applying. Ms. Shutt explained after the closing deadline, some non-profits wanted to apply. The category of Economic Development was for job creation and entrepreneurship opportunities. One inquiry was to train individuals to pick up trash and debris in underserved areas in the CRA District. Ms. Shutt informed them the funding was more for incubators or job creation, but they could ask the Board to allocate funds to eliminate slum and blight. Even though their goals and missions are worthy, staff has to ensure the intent is met for each category and it align with the CRA Plan. Board Member Casello asked if the same committee members who are on the screening committee will evaluate the measurables and learned they were. The committee will remain as is and consisting of staff with non- profit, finance, grant administration/writing experience and redevelopment experience. There is 30 plus years of experience. Another group discussed landscaping and maintenance, but their goal was to be a CRA vendor and bid for projects. They do provide jobs, hire locally and train individuals in the landscape maintenance business, but they would not meet the intent of the grant. Another group was Hack Lab, which was for an apprenticeship program they were approved for from the Department of Labor. They are 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 not located in the CRA District. They could have a satellite district, but first they need to be in the CRA District and lastly, the Community Caring Center was interested in the program, but could not make the deadline for this cycle. Board Member Romelus asked why the CRA would open the grant to the Community Caring Center if the CRA was already allocating funds for them and learned the program is open to everyone. There are funds remaining and the Board could reissue another notice of available funding. The CRA has not allocated any funds to the Community Caring Center for their incubator program this year, but they did last year. This year, there was a request for assistance to relocate. Vice Chair Katz urged the Board to strictly regulate the grant so it would not become a money grabber. As the program expands, anyone who comes up with an idea could potentially become an economic development opportunity and the fund becomes a pile of available money. He thought the focus should be on business and economic development. Board Member Romelus noted some people returned and were confused. She noted the program was new and there was a learning curve. She thought the grant should be reissued and supported option 2, which was to approve the reissuance of the NOGP for the remaining $92,923 for economic development and affordable/workforce housing categories with a 30-day closing date. If no one applies within that time, they close the category, roll the funds over to the next year and educate the public the opportunity is available. Motion Board Member Romelus moved to her above statement. Vice Chair Katz seconded the motion. Vice Chair Katz commented now that the Board understands the process, the Board should hold the line on suspect proposals. Board Member Casello requested adding on to the program, if an applicant has a rating of less than 50%, the Board should not consider the request. Both motion makers added the requirement to the motion Vote The motion passed 4-1 (Board Member cCray dissenting.) 4. Discussion Regarding Redevelopment Options for CRA Owned Parcels within the MLK, Jr. Boulevard Corridor Mr. Simon explained this item was discussed at the January 18th meeting and the Board requested the Advisory Board review redevelopment options and solicit input from the public. There was a good turnout and the Advisory Board took note of the public's concern. The CRA Advisory Board recommendation was to pursue a mixed-use commercial/residential development as contained in the CRA Plan; incorporate 23 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 BEENNEMM community outreach space there or elsewhere in the community such as a community resource center; and pursue option three, which was a design/build Request for Proposal for an entity that would provide a guaranteed maximum price of the design and development of the site with the CRA as the owner. Minister Bernard Wright, Bernard Wright Ministries, explained at the March 1st meeting the Advisory Board was inclined to forward a petition from the community. He submitted a petition containing 160 signatures. At the following City Commission meeting, there were 180 signatures that now reached 201 signatures. They have had a concept for many years and decades as there has been no redevelopment on MLK, which is also known as Robert E. Wells Memorial Avenue. There has been a lot of blight and there were community meetings after community meeting for decades before he started attending meetings the last six years. The community has a concept. Minister Wright read: "To whom it May Concern: We the undersigned who are generational residents and stakeholders, in respect to redevelopment on Robert E. Wells Memorial Avenue (aka) Martin Luther King Jr., Boulevard desire to have a commercial cultural hub which would include numerous revenue generating components including but not limited to: • State of the art game room; • State of the art recording studio; • Restaurant; • Billiard Room; and • Concert Hall that will attract nationally recognized musicians and entertainers. The desired location for the cultural hub is where the historic 'Club Continental'was previously located. The above mentioned cultural hub with its components will revive past vibrancy that has been lost but not forgotten. The cultural hub will also serve as a community resource and informational center which has to do with, our men and women coming out of prison, reentry program, you want to get information about your history, culture, things of that nature, information and resources with respect to paying rent and other things. Having a cultural hub in the Heart of Boynton community with the above mentioned components will instill great pride in our youth, our families, our seniors and all who remember the vibrancy of Robert E. Wells Memorial Avenue. The cultural hub will serve as an anchor in our community. (Board Member Romelus left the dais 9:12 p.m.) 24 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 History and Culture are important in any city. Knowledge of all cultures is extremely important. Know of all cultures is important to building bridges of peace and economic prosperity within the community and City". Minister Wright felt the street could thrive as it had in the past, with restoration and the items listed as components the street had when it was thriving. He wanted the Board to consider what the community wanted built there as opposed to what the CRA wants on the property. He also advised the community wants to be at the table when the CRA builds on all the lots accrued over the long term in the Heart of Boynton. The community knows what they need. He wanted to have chivalry in the community; appropriate dress and respect. There will be dress codes. He was aware the Board talks about crime because of MLK and its history, but he contended when a person is met at their point of need and they are upgraded with a mindset, change would occur and they know what type of security is needed. He alleged if he had a business in the community, there would be no drugs by him because he comes from that. He wanted RFPs to be issued for the uses he listed and requested the CRA sell developers the history of what was and could be again. He advised many others have requested the same things. Rae Whitely, 223 NE 12th Avenue, commented the MILK corridor has the potential to be a thriving lifeline in the Heart of Boynton and a hub that showcases the rich culture of the community. He thought all would agree they were having the same conversations for the last 27 years. They researched best practices and adopted a community driven neighborhood economic development approach. As they speak of the new deal, they look to neighborhood-scaled economic development that positions neighborhoods, local businesses and residents to better connect and compete in a regional economy. To ensure the benefit of increased economic activity flows to those communities, a community-led partnership is needed to develop and carry out strategies. He proposed they should start with the assumption the community and community-based organizations, and non-profits are best suited to drive the process of neighborhood economic development in a way to address the unique condition of each neighborhood or community. It starts with conversation among residents, business owners and other stakeholders and a clear assessment of the community's assets and challenges. They believe they have the team of community, government, CRA and City staff who are willing to do what it takes to make this effort happen. Without a plan, the community is done a disservice. While conducting due diligence for a plan, the focus should be on Sara Sims Park to avoid a stalemate on development in the Heart of Boynton Beach while providing space for the team to work together on a project that would help increase health, social connection and overall positive impact for the local environment. The community needs to be the driver of development. (Board Member Romelus returned to the dais at 9:17 p.m.) Minister Bernard Macon, Coalition of Clergy, 50 NW 27th Court, wanted the Board to have an understanding, there are many people who have been hoping and dreaming for change in the community for 25 to 30 years and that the economic development that was 25 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 promised would occur. Housing is a concern and there are elderly that are afraid of youth waiting at the bus stop. He felt if one part of the City is dormant, it tarnished the entire City. Police are overtired and principals are crying out. When he moved to NW 7th Street years ago, Boynton offered great housing, schools and a vibrant neighborhood. He noted one area is receiving funding, but over time, if an area is not economically developed, other areas two lights down became dilapidated. It will effect everything and will have a profound effect. He requested a comprehensive plan for the redevelopment of MLK Jr. Boulevard the community could have hope in as they were left out of the process. As part of the Coalition, they want to be a bridge between the community and CRA and effect positive change. It would be a disservice to not put together a plan for the area. There is funding allocated for the development of Sara Sims Park and it would encourage the community seeing development occur as soon as possible. It will mend the divide between the community and the Board. He announced all want the same thing and it could be all it needs to be if they work together. Irwin Cineus, 223 NE 12th Avenue, agreed MLK Jr. Boulevard is important in the HOB. Sometimes the CRA is criticized for not doing enough. He requested, knowing the importance of MLK Jr. Boulevard and the community wants to get things done, they develop a plan for the entire corridor. He further requested to avoid the appearance of nothing being done, the Board focus on Sara Sims. David Katz, 67 Midwood Lane, commented at the CRA Advisory Board, Minister Wright got up to speak and because of what he said, he also spoke. He advised he was on the City Commission from 1993 and 1995 and a few years before that and since then, there were numerous community meetings and charrettes about what would happen on MLK Jr. Boulevard. He thought the Board should take into consideration Minister Wright got 201 signatures, and there has never been that many people at any community meeting speaking for or against an issue. He noted the Board voted to pay$3 million for a church on Federal Highway. He thought the Board should take the money and purchase every piece of property that borders MLK from Seacrest to the Railroad tracks that is not historic or owner occupied and start from a clean slate. The Board cannot hop scotch around which was the reason it was failure over the last 25 years. Linda Cross, 65 Casa Loma Boulevard, Unit 601, as Chair of the CRA Advisory Board reiterated there were quite a few people who spoke to them about what they want to see on MLK. She noted the map shows property the CRA does not own and it was not that the CRA has not tried to own the property, but it is not a saleable property. The Board could only work on what they have which was why the Board liked option 3, the design build as they thought it was the quickest way to proceed. The CRA Advisory Board also listed all the ideas for businesses to occupy the building. She agreed community input is important, but it is also important to revisit the heyday of the HOB. In order to be sustainable, the redevelopment should attract people from all over and not just those who live nearby. It should reflect its history. She thought when looking at design build contracts, the Board take the area's historic context into the equation. 26 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 Chair Grant commented he was previously interviewed by Channel 5 about the area saying he did not see anything on MILK Jr. Boulevard, but there was trash and vacant lots. It would be nice to buy everything, but that will not happen as the Board had tried. The Board tried to develop with Nurock who could buy the MLK Quick Stop and build a senior living facility, but they did not win the tax credits and the purchase agreement with the MILK Quick Stop was no longer there. If it cost $1.2 million to buy the Quick Stop, the Board has nothing to put there. He thought they could do something with the $1.2 million and they have to start somewhere as once movement begins, momentum occurs. He favored starting with the 5,000 square feet of commercial space on the north corner. Once they start, a developer may want to sell or be part of the project. He was aware there are vacant retail spaces, but there are not many vacant commercial spaces in the HOB because there is nothing there. The CRA gave land to the Boos Corporation and Family Dollar put up $1.5 million to build the property and a year later sold the property for $2.5 million. He did not favor having another Family Dollar or convenience or liquor store. He supported restaurants where people can sit down, an office where people can do business or a retail shop to have economic activity in an area that only has convenience stores and take out food. He was asking the Board to move forward with one of the three options. Board Member Casello did not favor building a 5,000 square-foot shell building with the hope to put business there. His theory build and they will come has not been that successful. He supports building on MILK and wanted to think big. He proposed commercial, residential and mixed-use operations. The Board did not have an idea of what to put in the shell building. He liked the design build options and making a commitment to move forward. Board Member Romelus expressed the City just approved the Town Square, and it should be a catalyst for the rest of the City. She did not want a 5,000 square foot facility that was an open box as it was not a plan nor would it create a legacy. It took decades to bring the Town Square to fruition, and to assemble the land. She proposed putting the same heart and planning into MLK. She liked option 3 and allowing for an RFP to come back with visuals and ideas how to revitalize the corridor and bring back the history. If done right, they will become a destination and a development that would make future generations proud. Vice Chair Katz commented the City Commission just approved the Town Square. He requested anyone who knew of any commercial entity that would locate there to tell him, otherwise the City Commission just approved building a shell. They do not know what is going to be there. Unless there is an economy that supports any type of business, the best thing to do is to provide the most expensive component of starting a business, which is commercial space. He thought the oversimplification of constructing commercial space in an area that has had no commercial investment for decades seemed offensive because it diminishes an important economic aspect. He expressed the Board needs to do something whether it was commercial or mixed use. He commented if anyone felt the Board could engineer detailed commercial enterprises in an economically depressed area 27 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 that may not support them, they take steps to build a plan. He felt the Board needed to identify a set amount for what they are willing to spend. There is$1.2 million in the budget to build a commercial/mixed-use/retail and residential space and there is zero consensus. Different people from different parts of the community all have different ideas. The Board needs to develop a plan, but it will take an extreme amount of time and millions of dollars to assemble and purchase the land for it. He would love to purchase as property, but if the plan is to do something timely, he did not think everyone would get all they wanted. One has to take a leap of faith and have a good idea to put residential or retail there to spark something. Similar to the Town Square, the surrounding area will be improved and developed by private development. The first step was not everything someone would dream of, and he was unsure what direction to go as he has seen zero consensus from the community and the Board. Board Member McCray agreed and thought Sara Sims Park should be improved first. He thought the Board should ascertain the wishes of the overall community to find out what is wanted. A shell is not the way to proceed, and he did not think the area would attract entertainment as entertainers perform in arenas. After polling the community, they should draft a plan. Board Member McCray knew what was there. He supported listening to the entire community. Minister Wright advised Boynton has not had a leader in the City that had the people's interests for a long time and he was unaware of any other black person, aside from Board Member McCray, that was on the dais since his first cousin Samuel Lemar Wright. He announced during the movement, he encouraged his classmates to vote so they could vote in Black men on the dais to get something done for Boynton and some of the things they need. He questioned if the comments equated to there was no hope for restoration or respect for people. He commented he has a plan and a vision from God and the vision started with Robert Wells. From there, signs were placed and Black History is recognized and honored. The parks are being cleaned as are the restrooms and many other things were occurring, all of which he advised, were a result of his advocacy for his people. He questioned the Board if the 201 signatures were not indicative of the community. In the six years he goes to community meetings, he sees the same faces. They do not live where he lives or patronizes convenience stores and parks daily. He contended he was conveying what the people want and asked if the City Commission would disrespect the petition. The community has spoken and they want a concert hall and a restaurant and it will be successful. He asserted prominent people that live in the community do not attend the meetings because they are disrespected when they speak at the podium as the Board does not respond. He decried the Board wants to give the community what the Board wants and not what the people want. He requested the Board give the community back their respect and dignity as Black men, women and children. They have children that go to Sara Sims Park in the summer. They are out in the streets all summer because of summer camp, which generates revenue and the people do not even have computers to register for summer camp scholarships. This has been going on for years. He commented the Board either tweak the plan or changed the policy so Black children can go to the park in the summer. He commented there was a lot going on in Boynton they Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 are being deprived of because the Board does not have the community's interest at heart, but he does. He wanted the Board to issue an RFP, find a developer to develop what he was talking about and use the $1.2 million towards that and not procrastinate providing them with what is on the petition with their money. He does not like coming to the meetings to hear what the Board has to say and he will discourage his people any way he could to see if they could get more elected officials. Board Member McCray commented his record speaks for itself. Motion Board Member McCray moved to continue with Sara Sims and get input from the community, signatures or no signatures. Chair Grant commented there was$1.2 million and he asked if the funds should be moved to Sara Sims. Board Member McCray explained the Board needs to develop and complete Sara Sims and hold the $1.2 million until input from the citizens on MLK Boulevard is received. He was not on the Board when the Family Dollar store was approved, but he was aware the community was unhappy with it. Chair Grant noted the backup reflected plenty of people were at the Boynton Beach CRA MLK Jr. Boulevard Corridor Community Input meeting held on March V. Board Member McCray favored the Board rethinking its position before spending the funds. The citizens do not want a shell building or building something the Board hoped would be filled. He announced he represents District 11 and citizens should speak with their elected representative. Board Member Romelus clarified Option 3 was separate from Sara Sims. Motion Board Member Romelus moved to pursue Option 3, the design build, which would allow a developer to provide a design that would allow for the incorporation of the historical content of District 11 and the HOB. It would incorporate input from members of the public from several of the community meetings they had in the past. Chair Grant asked if this was for the entire MLK Jr. Boulevard, for the CRA property. Board Member Romelus commented the developer could give a future plan for the entire MLK corridor which could be developed over time, but the immediate intent is to build out the property the CRA owns. Board Member McCray seconded the motion. Chair Grant queried if the Board wants to look at what people want in the drawings. Board Member Casello thought when a developer or builder is selected, they should listen to the community. Mr. Simon received clarification that: 29 Meeting Minutes Community Redevelopment Agency Board Boynton each, Florida March 13, 2018 • The Board wants to issue an RFP for a developer and a future owner, like they did with Ocean Breeze East or may do for the Cottage District; • to will outline incentives to bring to the Board; • The design build is not that the CRA would seek a contractor to build a particular project, rather it would be a third party design, similar to the Town Square project. Vote The motion unanimously passed. E. New Assignments ® None 16. Future Agenda Items A. Boynton Beach Boulevard Streetscape Improvement Project Update 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 (Tabled 11/14/17) Vice Chair Katz commended Board Member McCray for this meeting and the prior one regarding the Town Square. He was aware Board Member McCray had some opposition regarding the Town Square project, but in unity with the City and the City Commission, he expressed he would support the project and not take his eye off the ball in the HOB. In the two years Vice Chair Katz has served on the Board, that is exactly the type of person Board Member McCray is. He has stood by the HOB for decades and he deserves better. Board Member Casello added although they have differences, he respects him and Board Member McCray's heart is in the HOB. His constituents should be proud Board Member Romelus agreed. Attorney Duhy announced there will be no special meeting held on March 201h, 30 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 13, 2018 17. Adjournment Motion Board Member Romelus moved to adjourn. Vice Chair Katz seconded the motion that unanimously passed. The meeting was adjourned at 9:57 p.m. Catherine Cherry Minutes Specialist 31 c9CA 60 1010 • TO WHOM IT MAY CONCERN, WE THE UNDERSIGNED WHO ARE GENERATIONAL RESIDENTS AND STAKEHOLDERS, IN RESPECT TO REDEVELOPMENT ON ROBERT E.WELLS MEMORIAL AVENUE(AKA) MARTIN LUTHER KING BLVD. DESIRE TO HAVE A COMMERCIAL CULTURAL HUB WHICH WOULD INCLUDE NUMEROUS REVENUE GENERATING COMPONENTS INCLUDING BUT NOT LIMITED TO: 1) STATE OF THE ART GAME ROOM 2) STATE OF THE ART RECORDING STUDIO 3) RESTAURANT 4) BILLIARD ROOM 5) CONCERT HALL THAT WILL ATTRACT NATIONALY RECONIZED MUSICIANS AND ENTERTAINERS THE DESIRED LOCATION FOR THE CULTURAL HUB IS WHERE THE HISTORIC "CLUB CONTINENTAL"WAS PREVIOUSLY LOCATED THE ABOVE MENTIONED CULTURAL HUB WITH ITS COMPONENTS WILL REVIVE PAST VIBRANCY THAT HAS BEEN LOST BUT NOT FORGOTTEN. THE CULTURAL HUB WILL ALSO SERVE AS A COMMUNITY RESOURCE AND INFORMATION CENTER. HAVING A CULTURAL HUB IN THE HEART OF BOYNTON COMMUNITY WITH THE ABOVE MENTIONED COMPONENTS WILL INSTILL GREAT PRIDE IN OUR YOUTH, OUR FAMILIES, OUR SENIORS AND ALL WHO REMEMBER THE VIBRANCY OF ROBERT E.WELLS MEMORIAL AVE. /MLK BLVD. THE CULTURAL HUB WILL SERVE AS AN ANCHOR IN OUR COMMUNITY. HISTORY AND CULTURE ARE IMPORTANT IN ANY CITY. 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