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Minutes 10-17-22 Minutes of the Community Redevelopment Agency Board Meeting Held on Monday, October 17, 2022, at 6:00 P.M. Via GoToWebinar Online Meeting and in City Hall Chamber 100 E. Ocean Avenue, Boynton Beach, Florida Present: Ty Penserga, Chair Thuy Shutt, Executive Director Angela Cruz, Vice Chair Tim Tack, Assistant Director Woodrow Hay Kathryn Rossmell, Board Counsel Thomas Turkin Aimee Kelley 1. Call to Order Chair Penserga called the meeting to order at 6:02 P.M. 2. Invocation The Invocation was given by Board Member Hay. 3. Pledge of Allegiance Board Member Kelley led the Pledge of Allegiance to the Flag. 4. Roll Call A quorum was present. 5. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Chair Penserga requested to add Item 8C, regarding the FRA Award for the Neighborhood Officer Program (NOP). He also asked to hear Item 14A, a presentation on the City's Park and Recreation System Master Plan with Item 10C.1. and hear the Advisory Board's update at the same time and to table Item 11 E as requested by staff. B. Adoption of Agenda Motion Vice Chair Cruz moved to approve the agenda as amended. Board Member Kelley seconded the motion. The motion passed unanimously. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 17, 2022 6. Legal None. 7. 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 Board Member Hay had no disclosures, but stated that the FRA Conference was phenomenal. He encouraged others to go as they receive good information. The Board was recognized by the other CRA's and he congratulated staff for a job well done. He asked if they could go online to pull up some of the information. Ms. Shutt stated the conference organizers promised to post the information on their website. She will follow up with them. Vice Chair Cruz, and Board Members Turkin and Kelley had no disclosures. Chair Penserga had no disclosures and agreed with Board Member Hay. One workshop was on how to attract hotels and saw how Melbourne was successful. 8. Announcements and Awards A. 2022 IEDC Award Announcement Ms. Shutt stated that last month she attended the International Economic Development Council Conference and the CRA received two awards. She pointed out this is very prestigious event and they were competing with larger cities such as Pittsburg. The CRA won a bronze award for the multi-year economic development grants, and won the gold award for the Rock the Marina as the CRA promotes it as a public space. B. Rock the Marina & Fishing Extravaganza on November 5, 2022, at the Boynton Harbor Marina Mercedes Coppin, Business Promotions and Events Manager, announced that they are looking to reactivate the Marina on November 5 with the above activities. Rock the Marina is free from 12 to 4 P.M. there will be two areas for live performances by the Flyers and the Sierra Lane Band, and exhibits from local vendors. No outside vendors will be present. This will be the 4th time they are holding this event, but instead of hosting the Lionfish Derby, they will hold the fishing derby, spotlighting fishing charters between 8 am and 2 pm. Pre-registration is encouraged. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 17, 2022 Chair Penserga stated that he appreciated that the CRA was focusing on local businesses. He noted the event often draws outside vendors which detracts from local restaurants and businesses. Board Member Kelley inquired if the attendee selects the Charter. Ms. Coppin responded that she is handling registration and as space is available, she will ask for their preference. Item 8 C NOP Award Creative Partnership. Ms. Shutt stated that the City received an award for the program. It is a competitive award. She noted that the program currently has three commissioned officers and one Community Service Officer. 9. Public Comments A. The public comment section of the meeting is for public comment on items that are not on the agenda. For items on the agenda, the public will be given an opportunity to comment at the time each item is considered. Each speaker will be given a total of three (3) minutes to comment; however, the Board retains the right to reduce the number of minutes prior to the start of public comment. Persons making public comment may not assign or donate their public comment time to another individual to allow that other individual additional time to comment; however, any persons requiring assistance will be accommodated as required by the Americans with Disabilities Act. Prior to addressing the Board, please go to the podium or unmute your device when prompted, and state your name and address for the record. Ms. Karen Ye Ho distributed a 27- page booklets to the Board Members and explained, that the City is taking her to Federal Court. She explained that she needs her due process and the City has not answered their brief. Attorney Rossmell stated that she believed that Ms. Ho was giving formal notice to the City, and explained to Ms. Ho that this is the Boynton Beach CRA and the Board members cannot receive Notice at this meeting. She pointed out the City Commission meeting will occur tomorrow. The information Ms. Ho distributed was returned to her. Cindy Falco-DiCorrado requested to display nativity scenes this year and stated that the City should have good representation of its Judeo-Christian values. She wanted to ensure they are vested in honoring the birth of Jesus. Ron Jaeger stated that he moved to Boynton Beach in 2003 and thought that the difference he has seen in the City over the years is good. He thanked the Board as the improvements have made a big difference in the way the City looks. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 17, 2022 Ernest Mignoli 710 NE 7th Street, stated that he moved to Boynton Beach in October 2020 and was involved in public parks and holiday decorations. He noted that in the past during the holidays, a menorah and kwanza were displayed. Mr. Mignoli advised he provided a manger for display, but each time he approached the City,about the matter, he receives a different explanation on why he could not display the manger. He explained he understood the City can have a community tree and thought they should display all three decorations or none of them. No one else coming forward, Public Comments was closed, Item 14 A Kacy Young, Recreation and Parks Director, presented the process advising they held several community meetings, both in person and online, and they were meeting with the advisory boards to receive input. He noted the Plan will be adopted in February 2023. (Board Member Turkin left the dais at 6:32 p.m.) Mr. Perez reviewed the purpose of the plan as contained in the presentation. (Board Member Turkin returned to the dais at 6:35 p.m.) Mr. Perez explained they used a five-step process which he reviewed. Ms. Shutt stated there was a summary from the CRA Advisory Board on this matter and there were questions, which Ms. Shutt reviewed. It was noted that the City is halfway through the process. In the coming weeks, Mr. Perez will provide another presentation on their findings, the final steps, and address visioning. 10. CRA Advisory Board A. CRA Advisory Board Meeting Minutes -August 4, 2022 B. CRA Advisory Board Meeting Minutes - September 1, 2022 This item was heard earlier in the meeting. C. Reports on Pending Assignments 1. Review and Discuss the CRA Funded Current and New Business Promotions and Marketing Events including Strategies to Promote the Marina 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 17, 2022 CRA Advisory Board Vice Chair Joe Josemond stated they were tasked with a way to promote business events in the CRA District. The Advisory Board had the following suggestions: • Incorporate an art component to the Night Market to attract people. • Promote the Marina and use banners at intersections. • Reactivate the banner program by the Marina. • Additional parking is needed at the Marina for some events. It was suggested the parking area behind Veterans Park be improved • Engaging a band for performances by Pete's Pond could activate that space. • Have a National Good Neighbor Day to promote multi-cultural attendees and participants. • Marketing could be achieved by advertising on fire trucks, police cars, churches, and advertised on the train. They can also use Channel 20 TV. • Review HOA groups and the Coalition of West Boynton Beach Residential Association to ascertain what they have occurring so they can work with them. • Reactivate branding downtown efforts. • Ascertain which form of media connects neighborhoods in the CRA. • Publicize events at Boynton Beach High School. The City may have to assist with publicizing events because some of the events are too big. The Board Members thanked the CRA Advisory Board for their suggestions. Board Member Kelley loved the ideas with art and banners at the Night Market. Chair Penserga also loved the banners. Ms. Shutt explained the CRA used to have a Banner Program, there are three different sized banners and they flapped in the wind, but with the new lighting, and street scape projects, as they retrofit the lighting, there are components to fit and not be too big or small. They are waiting for the contractor and this item will return to the Board. The lighting will need to be consistent with Town Square. Staff intends to bring back the Banner Program. 11. Consent Agenda A. CRA Financial Report Period Ending September 30, 2022 B. Approval of CRA Board Meeting Minutes - September 13, 2022 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 17, 2022 C.Approval of a 6-Month Extension to the Commercial Rent Reimbursement Grant Program in the Amount of $7,500 for Soleil Academy 2, LLC d/b/a Soleil Early Learning Academy located at 202 W. Boynton Beach Boulevard D. Approval of 90-day Extension for the Commercial Property Improvement Grant for The Coffee and Ale Exchange, LLC d/b/a Bond Street Ale and Coffee Located at 400 N. Federal Highway, Unit 12 E. Consideration and Approval of a Purchase and Sale Agreement with Boca Raton Regional Hospital, Inc. for a Vacant Lot located on NW 2nd Street Motion Board Member Kelley moved Item 11 E remain on the table. Board Member Hay seconded the motion. The motion passed unanimously. Motion Board Member Turkin moved to approve the Consent Agenda. Board Member Hay seconded the motion. The motion passed unanimously. 12. Pulled Consent Agenda Items None. 13. Old Business A. Consideration of the First Amendment to the Interlocal Agreement between the Boynton Beach CRA and the City of Boynton Beach for the Funding of the Boynton Beach Boulevard Complete Street Project Tim Tack, Assistant Director, stated in July 2022, the City Commission adopted a resolution to enter an agreement with the Florida Department of Transportation (FDOT.) The agreement contained the terms and conditions of the $5.1 M project and the City's portion, which was $1.1M. Due to the increased construction costs, the City's portion increased from $1.1 M to $1.5M. Chair Penserga asked if they did not need the full amount would the City receive a refund and learned the City would. Mr. Tack explained that this item is only budgeting funds and holding them in place until the actual numbers are known. Construction will start March 2024. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 17, 2022 Ms. Shutt explained that these agreements are five-year grants and they applied in 2018. She had planned for a 20% increase. This item will allow the CRA to reimburse the City. It is a not to exceed agreement. Chair Penserga opened Public Comment. Cindy Falco-DiCorrado inquired where the project is located and was shown by staff. Ernest Mignoli, 710 NE 7th Street, commented that the people who pay for these projects are assessed with higher home values and resulting higher taxes, no matter what the project is. He took issue with the way the projects are presented and developed. He thought that it is an intimidating process and the taxpayers lose. Ms. Shutt provided a brief history of the grant. She explained that the Boynton Beach Boulevard extension and Complete Street project upgrades are being coordinating with the FDOT and 1-95 interchange project and a resurfacing project. Ron Jeager stated he owned two restaurants in West Palm on different streets, which were impacted by road construction. He asked if there were any incentives to ensure the project would finish on time or early incentives or penalties if delayed. Ms. Shutt stated that FDOT will manage the project. Mr. Tack stated the contract will have deadlines and there will be liquidated damages per day if late. Ms. Shutt explained that they hope to bid this out together and hopefully there will be one contractor instead of three and communication will be important. Staff will work with all the stakeholders and there will be one contact with FDOT and one contact with the contractor, so if there are issues, they can receive answers quickly. Motion Vice Chair Cruz moved to approve the First Amendment to the ILA between the City and CRA to fund the design and construction-related costs, not to exceed $1.5M for the Boynton Beach Complete Street project and authorize the Board Chair to execute the document subject to final review by Legal Counsel. Board Member Turkin seconded the motion. The motion passed unanimously. B. Status Update on Request by the City of Boynton Beach for a Temporary Suspension of the Neighborhood Officer Program (NOP) Captain Burdelski, Boynton Beach Police Department, stated that there are manpower shortages, and with the potential merger with the Sheriff's Office, the program was put on 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 17, 2022 hold. Some NOP officers requested to be assigned other opportunities in the Department. The Department will post the positions and he has met with the CRA to ascertain their vision for the program. He hoped to have the positions filled in January. These positions will be filled first after Road Patrol positions. Board Member Hay stated that he believes in the NOP and thought they made great strides in the neighborhood. The funding is for three officers and one Community Service Aide which is now called a Police Service Aide. Officers Paramore and Rivero applied for other positions and there will be a satellite office. Board Member Hay noted at the Conference, that the NOP program is good for the short term, but it was suggested that for the longer term, the City should be involved. Attorney Rossmell explained that innovative policing means the CRA is empowered to fund the program, per the Statute. A suggestion was made to involve Officers Paramore and Rivera in filling the vacancies as they were the perfect fit for the program. C. Discussion and Consideration of the Purchase of 321 E. Martin Luther King, Jr. Blvd. Theresa Utterback, Development Services Manager, stated that this item was reviewed in September. The seller was asking for$330K and Board made a counter offer at$235K. The seller countered back at $315K with closing costs. The appraised value $210K. The property is a key property. The Board discussed the market was cooling off and opted to extend a counter for the same amount. Ms. Shutt stated that in some instances in the past, they have paid more, but they were for hold-out parcels. Motion Vice Chair Cruz moved to reject the offer, to again make a counter offer for $235K and if the seller does not accept, to end the negotiations. Board Member Kelley seconded the motion. Chair Penserga opened Public Comment. Cindy Falco-DiCorrado inquired what the purpose of the property was and thought that someone could live and the Board look at it as a possible tax base. 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 17, 2022 Ernest Mignoli, 710 NE 7t" Street, was critical of the Board and commented the general public is not here. He thought the process was confusing and the Board was a joke. No one else coming forward, Public Comment was closed. Vote The motion unanimously passed. 14. New Business A. Presentation of the City of Boynton Beach Recreation and Parks System Master Plan This item was heard earlier in the meeting. 15. CRA Projects in Progress A. CRA Economic & Business Development Grant Program Update Bonnie Nicklien, Grants and Project Manager, stated that they are conducting additional marketing and they issued a Notice of Available Funding. The flyer is printed in Spanish and Creole. They are also meeting with the Heart of Boynton (HOB) shop tenants. Vice Chair Cruz inquired if the City Economic Development team works with the CRA. Ms. Shutt explained that the CRA does work with the City and the City uses the CRA's grant application. She stated that they can make a video, or have a workshop. When a Business Tax Receipt is issued, staff goes to the storefront to meet them and take them on a business walk. The City is concluding an Economic Development study with Florida International University (FIU). Vice Chair Cruz wanted staff to develop a document to assist people to learn how to go into business. Ms. Shutt explained that the City has the business incubator. Those businesses can be transferred outside of the CRA. Board Member Kelley asked about the status of the HOB Shops and learned that there was a lot of progress. Staff met with the restaurant owners, and the Centennial team. B. Social Media & Print Marketing Update C. Social Media Outreach Program 4th Quarterly Report (July— September 2022) 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 17, 2022 D. MLK Jr. Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) Update. Mr. Tack provided a visual update of the development. Board Member Hay stated that he was pleased with the progress and that it is a great project. The completion date is early 2023 and he spoke about the Continental Club. 16. Future Agenda Items A. Update Regarding a Purchase and Development Agreement with Pulte Home Company, LLC for the Cottage District Infill Housing Redevelopment Project B. Approval of the Fourth Amendment to the Purchase and Development Agreement between the CRA and City for the Ocean Breeze East Project C. Approval of the First Amendment to the Development Agreement between the CRA and Centennial Management Corp./Wells Landing Apartments, LLC for the Commercial Component of the MLK Jr. Boulevard Corridor Mixed Use Housing Project D. Approval of the First Amendment to the Consent and Funding Agreement between the CRA, the City of Boynton Beach, TD BANK, N.A., and Centennial Management Corp./Wells Landing Apartments, LLC for the MLK Jr. Boulevard Corridor Mixed Use Project E. Approval of the First Amendment to the Subordination Agreement between the CRA, TD BANK, N.A., and Centennial Management Corp./Wells Landing Apartments, LLC for the MLK Jr. Boulevard Corridor Mixed Use Project F. Discussion and Consideration of a Subordination Agreement between the CRA and Palm Beach County regarding Centennial Management Corp./Wells Landing Apartments, LLC for the MLK Jr. Boulevard Corridor Mixed Use Project G. Discussion and Consideration of an Ethics Policy Regarding Post Term Representation H. 90 Day Progress Report for the Purchase and Development Agreement between the CRA and Affiliated Development, LLC for the 115 N. Federal Hwy Infill Mixed Use Redevelopment Project I. Approval of 2023 CRA Board Meeting Dates 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 17, 2022 J. Discussion and Consideration of First Amendment to the Interlocal Agreement (ILA) for Technical Support Services with the City of Boynton Beach 17. Adjournment Board Member Hay commented that Dr. Deborah Robinson is retiring from the School Board. He wanted to do something for her. The City Commission will present a proclamation, but he did not know if the CRA could do anything. Motion Board Member Kelley moved to adjourn. Board Member Hay seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:02 p.m. ' t Catherine Cherry Minutes Specialist 11