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Minutes 12-13-22 Minutes of the Community Redevelopment Agency Board Meeting Held on Tuesday, December 13, 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 (via GoToWebinar) 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 6:00 P.M. 2. Invocation The Invocation was given by Board Member Hay. 3. Pledge of Allegiance Board Member Hay 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 have Item 15F moved up to follow after 13B. Chair Penserga inquired what items from 15. CRA Projects Progress would the Board like to receive an update on. There was a consensus to hear an update on Item 15C. Board Member Kelley requested a report from Community Redevelopment Agency Advisory Board (CRAAB) regarding current projects to be added to Future Agenda item in January. Thuy Shut, Executive Director, stated that there were no updates for December and that CRAAB will provide a report in January. 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 December 13, 2022 6. Legal A. Consideration of a Policy for Conflicts of Interest for Former Officials and Employees of the Boynton Beach Community Redevelopment Agency. Attorney Rossmell stated that the Board requested a policy that would prohibit anyone who has sat on the Board with decision-making authority to lobby the CRA on behalf of someone else. The policy would only apply for three years. Board Member Turkin inquired about the policy and stated that the State was changing their policy to five years. Attorney Rossmell replied that she does not know the correct answer and would get back to Board Member Turkin. Motion Board Member Turkin moved to approve. Vice Chair Cruz seconded the motion. The motion passed unanimously. 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 stated that he had no disclosures. He did enjoy the Holiday events. Vice Chair Cruz stated that she had no disclosures. She thanked staff for all of the Holiday events and their hard work. Chair Penserga stated that he had no disclosures. He also thanked staff for all their hard work. Board Member Turkin stated that he had no disclosures. He also thanked staff for all their hard work. Board Member Kelley stated that she had no disclosures. She thanked the CRA staff for the Holiday events, they always do a great job. Board Member Hay inquired if CRA has received feedback on the Boat Parade being extended to Delray. Mercedes Coppin, Business Promotions and Events Manager, replied that the Boat Parade did go to Delray last year. It was a last-minute partnership. She started to receive telephone calls in September about the Parade going to Delray again. Residents wanted to confirm they had the correct date so that they could plan viewing parties at their homes. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2022 Chair Penserga noted that he felt like everyone was in a rush. The boats were moving to fast for the judges to have ample time to judge each boat. Ms. Coppin stated that they do ask the Captains to slow down when they approach the Boynton Harbor Marina and it seems like they speed up every year. She will continue to encourage them to slow down. 8. Announcements and Awards 9. Information Only A. Acknowledgement of Ownership Transfer for the Commercial Rent Reimbursement Grant Program with ManCave for Men Boynton Beach LLC located in One Boynton at 1513 S. Federal Highway. Ms. Shutt stated that this is an acknowledgement that there was a change in ownership for the commercial rent reimbursement grant for ManCave. 10. 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. Tory Orr, 106 NE 7th Avenue, requested funds from the CRA for Toy Drive. Mr. Orr is also concerned that Ocean Breeze management picks and chooses who will receive a rental application. Elizabeth Rogue, Ocean Breeze East Apartments, commented that what Mr. Orr stated was not true. They do not pick and choose who receives an application. They abide by the Fair Housing Rules and Regulations. Ernest Mignoli, 710 NE Ph Street, # 4047, talked about the owners of Harbor Hall Inlet Club. Since he purchased his condo in 2020 things have not gone well. He claimed that the older buildings in Boynton need to be inspected. He stated that the City does not need recertification to inspect the buildings. Mr. Carlton, co-owner of Carlton's stated that they pulled out of the project because of the lack of communication from Centennial, the build out coast was not clear and they have received the lease back from Centennial. They spent about $13,000 in plans and gave 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2022 them to Centennial. Ms. Rogue apologized to Mr. Carlton for lack of communication from Centennial Management. Vice Chair Cruz asked that Centennial Management to provide a better option of communication for Mr. Carlton. Board Member Turkin asked for the address for the Toy Drive. Ms. Shutt replied that the location is at the corner of 11th Avenue and Fourth Street in Cherry Hill Neighborhood. Vice Chair Cruz asked that the date of Toy Drive to be added to the Board's calendars. Attorney Rossmell noted that unfortunately general charitable giving even for the best of causes is something the Board is not impowered to do. Board members are permitted to participate on their own. 11. Consent Agenda A. CRA Financial Report Period Ending October 31 , 2022 B. CRA Financial Report Period Ending November 30, 2022 C. Approval of CRA Board Meeting Minutes - October 17, 2022 D. Consideration and Approval of a Purchase and Sale Agreement with Boca Raton Regional Hospital, Inc. for a Vacant Lot located on NW 2nd Street. (Tabled on October 17, 2022) Motion Board Member Turkin moved to have 11D removed from table. Board Member Hay second the motion. The motion passed unanimously. Chair Penserga pulled item 110 for discussion. Motion Vice Chair Cruz moved to approve the remainder of Consent Agenda. Board Member Kelley second the motion. The motion passed unanimously. Ms. Shutt stated that the Board tabled the item at the October 17th meeting to allow legal staff to review the additional language proposed by the sellers. This language is included in Exhibit A. Staff and legal counsel do not find the restrictions acceptable and does not recommend moving forward with the language in the Declaration of Restrictions. Attorney Rossmell reviewed the restrictions on the property. The restrictions would prevent any kind of medical facility from being on the property. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2022 Board Member Kelley inquired if there has been further discussion with the sellers about the restrictions. Attorney Rossmell replied that there has been discussion with the sellers regarding the position of staff and legal on the restriction and they are aware that staff and legal is not in support of the Declaration of Restrictions. The rest of the agreement is acceptable. Board Member Kelley asked if the sellers are not willing to remove the restriction. Attorney Rossmell commented that she does not want to speak for the sellers. Vice Chair Cruz inquired if the restriction included pharmaceutical/pharmacy. Attorney Rossmell replied that retail and specialty pharmacies are specifically listed among the uses that could not appear. Chair Penserga stated that he is not comfortable with the Declaration of Restrictions and he recommended approving the agreement without the restrictions. Then the sellers could make the decision of accepting the agreement without the Declaration of Restriction. Motion Board Member Turkin moved to approve the sales agreement without the Declaration of Restrictions and authorize the Chair to sign the agreement, subject to final legal review. Board Member Kelley second the motion. The motion passed unanimously. E. Approval of the 90-day Extension for the Commercial Property Improvement Grant Program for Southern Golf Cars, Inc. located at 425 NE 4th Street. F. Approval of the 90-day Extension for the Commercial Property Improvement Grant Program for Southern Golf Cars, Inc. located at 501 N. Federal Highway. G. Approval of 90-day Extension for the Commercial Property Improvement Grant Program for Southern Golf Cars, Inc. located at 507 N. Federal Highway. H. Approval of 90-day Extension for the Commercial Property Improvement Grant Program to TalentPartners LLC located at 2626 N. Federal Highway. Motion Vice Chair Cruz moved to approve the remainder of Consent Agenda. Board Member Kelley seconded the motion. The motion passed unanimously. 12. Pulled Consent Agenda Items 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2022 13. Old Business A. Quarterly Progress Report from BBQOZ, LLC for the 115 N. Federal Highway Mixed Use Project (aka The Pierce). Ms. Shutt gave an overview of the progress report. The project is proceeding as planned as mixed use for affordable housing and public parking. Nick Rojo, of BBQOZ, LLC looks forward to the meeting in December. He asked for the address for the Toy Drive. Chair Penserga inquired where are they in the process. Mr. Rojo responded that they have submitted their site plan to the City. Staff is reviewing the plans and the project will be on the City Agenda in January. Chair Penserga asked if the project is going to be complete within the timeline. Mr. Rojo stated that they are ahead of the given timeline. B. Approval of the Fourth Amendment to the Purchase and Development Agreement between the CRA and Centennial Management Corp. (CMC) for the Ocean Breeze East Project. Ms. Shutt gave an overview of the Project. The project is located a block south of MLK Jr. Boulevard on the East side of Seacrest. Part of the negotiated agreement there is approximately a 2200 square foot community space originally for the NOP office. Since then it was determined by the former Police Chief that the NOP office would be better served at the retail space in Wells Landing. Board Member Kelley inquired if Chief DeGiulio agrees with the direction they are moving with the Police Department. Ms. Shutt stated that Chief DeGiulio and staff have reviewed the tenant buildout unit 8 for the MLK Project and they are on board. Board Member Hay noted that there has been a large push for the NOP to be activated again. Having officers on foot in the Community is a great plus for the City. He would like to see another NOP unit added to the City. The City is blessed compared to other cities when it comes to the crime rate. Board Member Turkin agreed with Board Member Hay. The City's violent crime rate is a lot higher then we would like it to be. More resources will be needed as the City continues to grow. Board Member Hay commented that the Board has to stay focused on safety for the Community. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2022 Ms. Shutt commented that NOP will be reporting to the Board in January. Chair Penserga opened Public Comment Ms. Rogue reviewed the security at Ocean Breeze East and noted that the security will be the same at the Heart of Boynton Village. No one else coming forward, Public Comment was closed. Motion Vice Chair Cruz moved to approve the fourth amendment subject to final legal review. Board Member Hay second with discussion. Board Member Hay commented the large trucks damaged the property at St. John's Missionary Church and suggested that Centennial Management wait until the project is completed to replace the damaged property. The motion passed unanimously. 15 F MLK Jr Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) update. Tim Tack, CRA Assistant Director, gave an update on the project. This project will provide 124 affordable rental units, including 8,250 square feet of leasable commercial space. The Board viewed pictures of the progress of the project. The project will be completed in the spring of 2023. Chair Penserga requested that staff research having the electric poles removed and run the wires underground. Board Member Hay commented that he noticed the restaurant across the street is getting a facelift. Just painting the building was an improvement. He asked if there will be additional improvements to the building. Ms. Shutt replied that the owner has applied to the CRA for an Economic Development grant to do the exterior work. Bonnie Nicklien, Grants and Project Manager, noted that the owners were awarded exterior improvements grant from the CRA, which includes HVAC, a new parking lot, new doors and windows exterior paint, and stucco work. Ms. Shutt noted that the owners have asked for the paint colors for the Heart of Boynton Village Apartment and Shops. They want to be sure that the restaurant color is complimentary. 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2022 Chair Penserga stated that there was consensus to direct staff to have powerlines placed underground. Ms. Shutt noted that staff will reach out to the City and FPL for options and bring them back to the Board. 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 Project. Ms. Shutt summarized First Amendment to the Development Agreement for the Commercial Component contains all agreed upon negotiated terms, including an additional $50,000 contribution from Centennial Management Corporation and $275,000 from the CRA (to be equally divided among Units 1-7). The document has been reviewed by legal counsel and was forwarded to Centennial Management Corporation for review on November 18, 2022. Chair Penserga opened Public Comment Christopher Glinton,194 Orange Drive commented that it was not Ms. Rogue who was the issue with the lack of communication. No one else coming forward, Public Commen was closed. Motion Board Member Hay moved to approve the First Amendment. Board Member Kelley second the motion. The motion passed unanimously. 14. New Business A. Approval of 2023 CRA Board Meeting Dates Ms. Shutt reviewed the meeting dates and noted that January 10, 2023 there will be a presentation from the developers for the 401-411 East Boynton Beach Boulevard property. There is also a meeting scheduled for Valentines Day, she would understand if the Board members changed that meeting date. Board Member Hay noted that he will not be at the February 141h meeting. He suggested that the Board agrees to an alternate date. There was a consensus that the CRA meeting to be on Monday, February 131" instead of Tuesday, February le 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2022 Motion Vice Chair Cruz moved to approve the CRA Board Meeting Dates as amended. Board Member Kelley second the motion. The motion passed unanimously. B. Consideration of an Interlocal Agreement between the Boynton Beach CRA and Solid Waste Authority of Palm Beach County Ms. Shutt commended staff for being awarded a funding grant from Solid Waste Authority to be used on blighted properties in the City. (Vice Chair Cruz left the dais at 7:16 p.m.) Motion Board Member Hay Moved to approve the Interlocal Agreement. Board Member Kelley second the motion. The motion passed unanimously. C. Discussion and Consideration of a Lease to the City of Boynton Beach for the CRA Owned Property located at 511 East Ocean Avenue. Ms. Shutt reviewed the location of the property. The location of the property is a great location for the City to house the Park Rangers. The lease is for one year with an additional year extension. The lease has been forwarded to the City and Affiliated. This will not be scheduled for City Commission until written consent is received from Affiliated. Chair Penserga opened Public Comments. No coming forward Chair Penserga closed Public Comments. (Vice Chair Cruz returned to the dais at 7:19 p.m.) Motion Vice Chair Cruz motioned approve contingent on BBQ's lease approval. Board Member Hay seconded the motion. The motion passed unanimously. 15. CRA Projects in Progress A. Rock the Marina & Fishing Extravaganza Recap — not heard B. Rockin' Around the Block & Holiday Market Recap — not heard C. 2022 Holiday Boat Parade Recap Ms. Coppin gave a recap on the 2022 Holiday Boat Parade. The winners of the Boat 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2022 Parade will be announced at the awards dinner on Januarygtn Board Member Hay asked how many categories will be awarded for the boat parade. Ms. Coppin replied that there are three different categories: 1) boats under 25 feet; 2) boats 26 to 34 feet; 3) boats over 35 feet. Each category has first, second and third place winners. Board Member Kelley inquired about Tiki Taxi. She believes that it has been a huge asset to the Marina. Ms. Coppin replied that for the Boat Parade Tiki Taxi did not do the normal run where you can board and un-board at your will. They boarded at 5:30 and went straight through to the end of the event. D. Social Media Marketing Update — not heard E. CRA Economic & Business Development Grant Program Update — not heard. F. MLK Jr Boulevard corrido Mixed Use Project (D/b/a Heart of Boynton Village Apartments) update. - Discussed earlier in the meeting. 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 - January 2023 B. Status Update on Request by the City of Boynton Beach for a Temporary Suspension of the Neighborhood Officer Program (NOP) - January 2023 C. Discussion and Consideration of a Comprehensive Interlocal Agreement between the Boynton Beach CRA and the City of Boynton Beach for the Funding of Development Projects — TBD Board Member Cruz suggested a designated area for the Board Members' family. Ms. Coppin stated that there is reserved area for the judges, the Board is welcomed there as well. Board Member Kelley thank CRA staff for all their hard work and wished everyone Happy Holidays. 17. Adjournment Motion Board Member Hay moved to adjourn. Vice Chair Cruz seconded the motion. The motion 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2022 passed unanimously. There being no further business to discuss, the meeting was adjourned at 7:30 P.M. Tammy Stan lone, CMC Deputy City Clerk 11