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Minutes 02-13-23 Minutes of the Community Redevelopment Agency Board Meeting Held on Monday, February 13, 2023, at 6:00 P.M. Via GoToWebinar Online Meeting and in City Hall Chamber 100 E. Ocean Avenue, Boynton Beach, Florida CRA Present: Chair Ty Penserga Thuy Shutt, Executive Director Vice Chair Angela Cruz Tim Tack, Assistant Director Woodrow Hay Tara Duhy, Board Counsel Thomas Turkin Aimee Kelley 1. Call to Order Chair Penserga called the meeting to order at 6:01 P.M. 2. Invocation The Invocation was given by Board Member Hay. 3. Pledge of Allegiance Vice Chair Cruz led the Pledge of Allegiance to the Flag. 4. Roll Call Tammy Stanzione, Deputy City Clerk, called the roll. A quorum was present. 5. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Chair Penserga asked the Board which items they want to hear from agenda Item 14. He requested to hear 14E. Board Member Turkin requested to add a discussion to revamp or reconstruct the CRA plan to Future Agenda item. Consensus was reached to add the item. Thuy Shutt, Executive Director, asked Board Member Turkin if he preferred to discuss as the next Board meeting or a future Board meeting after the election. Board Member Hay agreed it should be discussed at a future time. Vice Chair Cruz noted she met with Ms. Shutt to discuss the topic and suggested a discussion in April. Ms. Shutt stated they would prefer to bring back a scope of work and timeframe to guide the discussion in April. Discussion ensued about the RFP process and potential timeline. Consensus was reached to review a draft scope of work in April. B. Adoption of Agenda Motion Board Member Turkin moved to approve the agenda, as amended. Board Member Hay seconded the motion. The motion passed unanimously. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2023 6. Legal A. Overview of Florida House Bill 7001 and Florida House Bill 7003 — Florida's New Ethics Laws. Tara Duhy, Board Counsel, provided an overview of Florida House Bill 7001 and Florida House Bill 7003 Florida's new Ethics Laws. 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 Vice Chair Cruz, Board Member Kelley, Board Member Turkin, and Board Member Hay and no disclosures. Chair Penserga disclosed that he spoke with Bonnie Miskal regarding 12E and Allen Hendricks regarding 12F. He also stated he received an anonymous text message regarding an agenda item. He noted he would read the text into the record during Public Comments. Board Member Hay provided a historical summary of Black History Month and black inventors. 8. Announcements and Awards Ms. Shutt recognized the three (3) new NOP (Neighborhood Officer Program) officers and thanked the Chief for the process. Steven Burdelski, Police Captain, summarized the interview process and introduced the officers. Nasim Davis stated he has been with the City for thirteen years and provided a brief overview of his background. Carlos Borrero stated he has been with the City for five years and provided a brief overview of his background. Matthew Vazquez stated he has been with the City for seven years and provided a brief overview of his background. Ms. Shutt provided an overview of what NOP does and the positive affect it has on the City. Board Member Hay stated he was excited about the NOP program. He asked about cultural training. Officer Vasquez spoke about his life experiences. Vice Chair Cruz welcomed the officers. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2023 Board Member Turkin said he had faith they will do a good job. Board Member Kelley said she is glad the program is back. Ms. Shutt introduced Gabrielle Ferraro, the new CRA Business Promotion & Events Coordinator. The Board welcomed Ms. Ferraro. 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. Chair Penserga opened Public Comments. No one came forth to speak. Chair Penserga closed Public Comments. 10. Consent Agenda A. CRA Financial Report Period Ending January 31 , 2023 B. Approval of CRA Board Meeting Minutes - December 13, 2022 C. Approval of CRA Board Meeting Minutes - January 10, 2023 D. Approval of Commercial Rent Reimbursement Grant Program in the Amount of $15,000 to Hip Hip Furray LLC located in One Boynton at 1403 S. Federal Highway E. Approval of Commercial Property Improvement Grant Program in the Amount of $25,000 to Gator State Storage Boynton Beach, LLC. located at 860 W. Industrial Avenue F. Approval of Commercial Rent Reimbursement Grant Program in the Amount of$14,710.08 to ShinyTouchShop, Inc. located in Ocean Palm Plaza at 1550 N. Federal Highway, Unit 15 G. Approval of the 90-day Extension for the Commercial Property Improvement Grant Program for Southern Golf Cars, Inc. located at 425 NE 4th Street H. Approval of the 90-day Extension for the Commercial Property Improvement Grant Program for Southern Golf Cars, Inc. located at 501 N. Federal Highway Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2023 I. Approval of 90-day Extension for the Commercial Property Improvement Grant Program for Southern Golf Cars, Inc. located at 507 N. Federal Highway J. Termination of the Commercial Rent Reimbursement Grant Program in the amount of $15,000 for Beach House Salon, Inc. located at 1120 S. Federal Highway K. 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 Motion Board Member Turkin moved to approve the remainder of Consent Agenda. Board Member Kelley seconded the motion. The motion passed unanimously. 11. Pulled Consent Agenda Items Board Member Hay pulled Item 10J. J. Termination of the Commercial Rent Reimbursement Grant Program in the amount of $15,000 for Beach House Salon, Inc. located at 1120 S. Federal Highway Ms. Shutt stated this is a request to terminate the grant program for Beach House Salon, Inc. She noted the improvements have been completed but the business is not open yet. She said the grant was issued in 2019 and noted they can reapply within the first year of business. She confirmed the business has been informed. Motion Board Member Turkin moved to approve Item 10J. Board Member Kelley seconded the motion. The motion passed unanimously. K. 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 Ms. Shutt stated this is the sixth request for a 90-day extension. She said this grant was issued in 2020 and staff recommend this final extension. She noted the business has expended $32,000 of the $50,000. James Cooksey, owner of The Coffee and Ale Exchange, thanked the Board for the extensions and provided background on the project and challenges they discovered with the alarm system. He noted the alarm system should be completed within the next few Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2023 weeks and to get the Certificate of Occupancy within a month. Board Member Turkin said he supported one more extension. Vice Chair Cruz said she supported on more extension. There was a consensus that this will be the last extension. Motion Board Member Hay moved to approve Item 10K. Vice Chair Cruz seconded the motion. The motion passed unanimously. 12. Old Business a. Audited Financial Statements - FY 2021-2022, Fiscal Year Ended September 30, 2022 Vicki Hill, CRA Finance Director, provided a report on the Audited Financial Statements for Fiscal Year 2021-2022. She noted for the 14th year in a row, the Boynton Beach CRA has receive a clean audit. Ms. Shutt, Vice Chair Cruz, Board Member Hay, Board Member Turkin, Board Member Kelley thanked the CRA Staff for doing a great job on the audit. b. Discussion and Consideration of Location of 7th Annual Boynton Beach Blarney Bash Mercedes Coppin, Business Promotions & Events Manager, provided background on the event. She noted, upon solicitation of interest level from Downtown businesses, many of the owners were opposed to having the event within the area surrounding storefronts due to the required road closures that are needed to properly setup and host the event. Additionally, some businesses cited that staffing shortages would make it very difficult or impossible to participate at the event with an outside setup. Chair Penserga said the purpose of the event is to promote local businesses and drive revenue and they do not want to negatively impact Downtown businesses. He discussed pros and cons of different locations. Board Member Hay said his initial reaction would be to not host the event. He agreed he does not want to take business away from the current businesses. He asked about the consequences if they do not host the event. Ms. Shutt replied the event has always been an economic driver for the Downtown businesses. She noted it is a signature event for Boynton Beach. Vice Chair Cruz would be open to hosting the event at Centennial Park. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2023 Ms. Coppin confirmed, to date, eight businesses have committed and only one of those businesses is a restaurant. Board Member Turkin stated that he disagreed with Board Member Hay. He stated that if the Blarney Bash does not happen people will go to Delray Beach for their St. Patrick's Day celebration. He stated that he would be in favor of having the event at Centennial Park. Board Member Kelley suggested changing the time of the event and agreed she does not want to see the event go away. Chair Penserga asked about road closures. Ms. Coppin described the road closures that would need to happen around the amphitheater. She recommended activating Boynton Beach Bucks to push business to the Downtown businesses. Board Member Turkin inquired about the use of Boynton Beach Bucks to drive customers to the surrounding businesses. Ms. Shutt said they could activate the Boynton Beach Bucks. Vice Chair Cruz left the dais at 7:02 P.M. Board Member Hay stated he agreed with the use of Boynton Beach Bucks. He asked for input from the vendors who are attendance or online. Chair Penserga said he wants to have the event but wants to ensure the event is tailored to help the businesses. Vice Chair Cruz returned to the dais at 7:05 P.M. Public Comments: Chair Penserga opened Public Comments. Anthony Barber, Troy's BBQ, said there is not a way to host an event and not impact a business. He said it is not the CRA's fault that someone's business is impacted. Kim Kelly, Hurricane Alley, joined online. She stated when the Centennial events are successful, the east end businesses do better. She noted they are more successful when the event is longer than three hours. She recommended a Molly's Trolly loop to connect the east end to the west end. With no one else coming forward, Chair Penserga closed Public Comments. Ms. Coppin requested clarification on the use of Boynton Beach Bucks. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2023 Ms. Shutt said all vendors should be offered the Boynton Beach Bucks. She noted they may need to limit in the Downtown businesses based on budget. There was a consensus to have the Blarney Bash at Centennial Park. c. Quarterly Progress Report from BBQOZ, LLC for the 115 N. Federal Highway Mixed Use Project (aka The Pierce) Board Member Turkin left the dais at 7:14 P.M. Kamissa Colin, VP of Development at Affiliated, mentioned unanimously approval was granted by the P & D Board for the site plan on February 6 and the site plan will be presented to the CRA on February 21 and March 6. Board Member Hay expressed concern about the closing of The Alley. He does not want it to close. Ms. Shutt cautioned the Board about discussing anything that isn't related to the agreement between the CRA and Affiliated regarding to this discussion. Board Member Hay noted he will ask his question at the City Commission meeting. Board Member Turkin returned to the dais at 7:16 P.M. d. Project Update on the Bride of Christ Daycare Center at NE 10th Avenue Ms. Shutt provided an update on the Bride of Christ Daycare Center project. She noted the church requested a one-year extension in 2022. To date, they are out of compliance because they have not commenced construction by January 16, 2023. She stated it is a now a compliance issue and they have not yet applied for a conditional use approval. Mr. Joe Comofort, counsel for applicant, stated that the Church is here to ask for second extension of 6 to 8 months. He noted the Church is still committed to the project with financing and contractors lined up. He stated they have made progress since July 2022. Mr. Kyle Mayu, architect, stated that he is working with Louis Venscome, Senior Planner. He provided an update on the project timeline. He noted the preliminary site plan review occurred in November 2022 and they have been working on addressing the comments. He said they plan to present to the City Commission in June. He noted the building engineering plans have been completed so the process should move quickly after the site plan approval. Ms. Shutt asked if they officially submitted to Planning & Development yet. Mr. Mayu said he spoke to Mr. Benscome about next steps, and they plan to submit by March 1. Board Member Kelley inquired if the Church had the funding available to be able to start Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2023 the business once the project is completed. Mr. Comofort said they are working with Valley Bank and all pre-application paperwork is complete. Board Member Turkin said he is concerned about setting a precedent and is interested in comments from other Board members. Vice Chair Cruz asked what specifically had been submitted. Mr. Mayu said the survey and several key items will be submitted by March 1. Vice Chair Cruz noted that this would be the final extension given to the Church. Board Member Hay stated he is in favor of the extension and agreed with Vice Chair Cruz that this would be the final extension the Church would receive. Chair Penserga commented that he is comfortable with a 3-month extension. He stated that at the end of the three months he would like to meet with the Church and the City to discuss the progress of the project. Board Member Turkin agreed with Chair Penserga with a 3-month extension and an evaluation of work that has been completed. Vice Chair Cruz recommended determining specific deadlines and reasonable milestones. Ms. Shutt gave guidelines on where the project should be in three months and what will be needed by May so staff can schedule for the May 23 Planning & Development meeting. Board Member Kelley said she is hesitant, but a progress plan needs to be in place. Chair Penserga opened Public Comments. No one coming forward Chair Penserga closed the Public Comments. Motion Board Member Hay moved to approve a 3-month extension. Vice Chair Cruz seconded the motion. The motion passed unanimously. e. Discussion and Consideration of a One Year Extension Request of the Construction of a Public Plaza per the Purchase and Development Agreement with Ocean One Boynton, LLC for the Ocean One Project Ms. Shutt provided an overview of the Ocean One Project. Ms. Bonnie Miskel, counsel for applicant, noted that the project is under a new owner. She stated that this is new site plan that includes the entire block and not the original small portion of the block. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2023 Vice Chair Cruz inquired about the history of the park and the original agreement. Ms. Miskel confirmed the historical background shared by Ms. Duhy. She provided additional clarification on the condition about the park and the intent. Chair Penserga added the agreement also proceeded his appointment to the Board. Vice Chair Cruz asked what is different this time if the extension was approved. Ms. Miskel said they have a financial commitment, and they would be willing to sit down with staff to review the developer's finances. Board Member Hay also noted he was not on the Board in 2018. Board Member Turkin stated that the extension is one-sided. He asked about the appraised value and inquired would happen if the developer defaulted. Ms. Shutt said the appraised value is approximately $1 .76M as of November 2022. Ms. Miskel said if the developer defaulted, the City would likely seek the provision to have the developer construct the public plaza. Board Member Turkin encouraged them to get the community involved and he does not want continued density but there is nothing in it for the CRA or the City. Board Member Kelley inquired if there was green space part of the project. Ms. Miskel stated that there was and would not be a public area. It would only be for the residents who live at Ocean One. Board Member Kelley asked about payment in lieu of. Ms. Miskel said the parcel was not given as a condition of anything other than redevelopment of that block. The goal was to expand the tax base. Chair Penserga stated he is comfortable with a 3-month stay. He stated that he is not comfortable pulling out the rug on the project at the last moment. He wants to see progress. Ms. Duhy noted that the developer did not hit the deadline yet, therefore there is no action required by the Board. Chair Penserga opened Public Comments. No one coming forward Chair Penserga closed the Public Comments. Motion Board Member Kelley moved to table the consideration of the extension until the April meeting. Board Member Hay seconded the motion. The vote was 4-1 with Board Member Turkin dissenting. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2023 f. Project Update of the Purchase and Development Agreement with 306 NE 6th Avenue LLC for the CRA Owned Property located at 211 E. Ocean Avenue Ms. Shutt provided an update on the project located at 211 E Ocean Avenue. Chair Penserga left the dais at 8:35 P.M. and returned to the dais at 8:37 P.M. Ms. Julia Chip, building architect, introduced other team members and she asked for a 90-day extension for submittal on April 5. She said the documents referenced are on the drive and located in the signed documents folders. She noted this is the first request for an extension for site plan submittal. Board Member Hay asked if the Staff have seen the documents. Ms. Shutt confirmed that Staff has not seen the documents. Mr. Anthony Barber explained why the project was delayed. He stated he was given the wrong information on what was needed to be submitted to the City. Mr. Aaron Taylor, planning consultant, said they are happy to move forward but the first round of comments will tell them what they are dealing with. Ms. Duhy recommended how to handle an extension so they can avoid multiple amendments. Mr. Allen Hendricks stated he wanted to ensure all Board members he understood the site development. Board Member Kelley expressed her concern with all the extensions that are taking place in the City. She inquired when will the Board see the site plan. Mr. Barber responded that they could be ready for March yet would be more comfortable with April to bring the project to the City. Board Member Kelley commented that she will speak with Staff to understand why there are so many delays. Board Member Turkin stated that he is fine with the 90-day extension. Chair Penserga opened Public Comments. No one coming forward Chair Penserga closed the Public Comments. Motion Board Member Turkin moved to table extension to the May meeting. Board Member Hay seconded the motion. The motion passed unanimously. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2023 g. Discussion and Consideration of Direction and Assignments for CRA Advisory Board Ms. Shutt stated the three assignments listed were the ones given to CRAAB to date and two potential assignments based on previous Board direction. Board Member Kelley ask if there are other potential projects for review. Ms. Shutt said there could be more work during the CRA plan revision. She said they will also look at the CRA budget, which begins in June. Board Member Kelley said she was comfortable with the two proposed assignments, and she wants their time to be productive and not just busy work. K. New Business a. Discussion and Consideration of the Purchase of 219 W. Boynton Beach Boulevard, 225 W. Boynton Beach Boulevard, 212 NW 3rd Court, and 222 NW 3rd Court Ms. Shutt said the four parcels have been offered to the CRA exclusively and not on the market at all. She said Mr. Matt Gracey provided an appraisal of $1.9M and is offering a 30-day close once the contract is executed for$2.1 M. She referenced a list of comparable sale prices of past purchases and noted it is on the lower end. She noted Mr. Gracey already demolished the derelict buildings. She stated it is an opportunity to redevelop the eastern portion of W. Boynton Beach Boulevard. Chair Penserga asked the difference between from the appraisal and asking price. Ms. Shutt replied it is $285,000, which is 15% above $1.9M. She reiterated demolition is already done. Ms. Laura Allen and Mr. Stewart Gracey, realtors from Southdale Properties, introduced themselves and said they were available for questions. Ms. Allen provided a brief background on the property. Board Member Hay stated he thinks it is a good purchase and is a range they can tolerate at 15% over the appraised value. Vice Chair Cruz asked about potential opportunities for development. Ms. Shutt said it will allow mixed use and would allow multiple use on the lot, ground floor retail, or affordable housing. She said they would assemble enough property and then issue an RFP. Vice Chair Cruz asked about the cost of the remaining frontage lots. Ms. Shutt said one lot away to the east sold for $550,000 last year. She noted they spoke to owners around the area, and some do not want to sell yet. She stated the properties to the north are residential properties so without an appraisal, they cannot know. She said with direction staff can pursue the adjacent properties. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2023 Vice Chair Cruz said she would focus on the acquiring properties on Boynton Beach Boulevard. Board Member Turkin said the location is great and he supports the acquisition. Board Member Kelley agreed with the purchase, and she likes that the land is already cleared. Chair Penserga stated they are paying more but the amount includes the demolition. He noted he is comfortable with the acquisition. Ms. Duhy asked if the seller would be willing to close within 45 days. Ms. Allen said that would not be a problem. Chair Penserga opened Public Comments. No one coming forward Chair Penserga closed the Public Comments. Motion Board Member Hay moved to approve purchase and sale agreement in an amount to be determined by the CRA Board of $2.185M with a 45-day closing and authorize the Board Chair to sign the agreement subject to final legal review. Board Member Kelley seconded the motion. The motion passed unanimously. L. CRA Projects in Progress a. Rock the Plaza at Ocean Plaza Recap b. CRA Economic & Business Development Grant Program Update c. Social Media Marketing Update d. Social Media Outreach Program 1st Quarterly Report (November 2022 - January 2023) Items 14A through 14D were not heard. e. MLK Jr. Boulevard Corridor Mixed Use Project (d/b/a Heart of Boynton Village Apartments) Update Mr. Tim Tack, Assistant Director, provided an update on the project. Chair Penserga opened Public Comments. Ms. Shaylena Mosely, 132 NE 11th Avenue, complained about the construction site and excessive equipment noise and dust. No one else coming forward Chair Penserga closed the Public Comments. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2023 Ms. Shutt stated she spoke with the Mr. George Leon, Centennial project manager and Ms. Mosley. Mr. Leon encouraged Ms. Mosley to call him, and he spoke to his construction manager about the issues. Ms. Shutt said she copied the City staff on Ms. Mosley's email. Chair Penserga said they will ensure the property is being inspected and there is follow- up. Board Member Hay stated he is the Commissioner for that district, and he would like to help resolve the issues. He asked for her contact information and thanked her for bringing it to their attention. M. Future Agenda Items a. Semi-Annual Progress Report for the Development Agreement with Wells Landing Apartments, LLC d/b/a Heart of Boynton Shops - March b. Semi-Annual Progress Report for the Purchase and Development Agreement with Wells Landing Apartments, LLC d/b/a Heart of Boynton Village Apartments - March c. Annual Progress Report for the TIRFA Agreement with Wells Landing Apartments, LLC d/b/a Heart of Boynton Village Apartments — March d. Discussion and Consideration of the Responses to the RFP/RFQ for the CRA-owned Property located at 401-411 E. Boynton Beach Boulevard (March/April) N. Adjournment Motion Board Member Hay moved to adjourn. Vice Chair Cruz seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 9:31 P.M. 46,tiiii/Zii�t' 6102. ammy Stan lone, CMC Deputy City Clerk